APRIL 24, 1834.]

President's Protest.

[SENATE.

Yet, we have not been shown a case where the Lords have considered their privileges violated by the King's sending his defence and protest to them upon a matter determined, and no longer pending in a legisiative shape, as was the case with the resolution against which our republican President protests.

efforts to produce an amendment of the constitution, to traordinary pretensions which any branch of any free Govembrace both of these indispensable requisites of a free ernment ever set up, is the one contained in one of the government. I will not now, sir, enter into the question, resolutions declaring that the President had violated the whether, for the purposes of instruction, the Legislature, privileges of the Senate, for daring to question the infalor the people of a State, constitute the sovereign power. libility of their opinions and decisions. Gentlemen, too, But I beg leave to read to the Senate a few paragraphs with a wisdom and research which marks the course of from a report of the Virginia Legislature, adopted some the opposition to the present administration, refer us to years ago, upon this very subject. This report expresses the British history of parliamentary proceedings, to show the views I entertain upon this point-is beautifully, and that the King cannot interfere with pending subjects of in my judgment, unanswerably written. After tracing legislation before the House of Lords! the doctrine of instruction down through English history, and showing that the whigs of England acknowledged the right, (whatever our new-light whigs lately sprung in amongst us may think of it,) and after showing, in the clearest manner, that the right of the constituent to instruct the representative is an essential principle of the representative system, the report proceeds to say: "But Let us examine, however, the British doctrine of paralthough the position be admitted, which, indeed, it seems liamentary privilege. The only definition of privilege impossible to deny, that the people have a right to in- which I have ever met with, is that given by Sir John struct our immediate representatives, or that the people Fortesque, described by Blackstone, as follows: composing each State in their sovereign capacity, may "The privileges of Parliament are likewise very large instruct their Senators in Congress, it may still be denied and indefinite. And, therefore, when, in 31 Henry Sixth, that the State Legislatures have any such right of instruc- the House of Lords propounded a question to the Judges tion." concerning them, the Chief Justice, Sir John Fortesque, "It is obvious to remark, in the first place, that those in the name of his brethren, declared that they ought not who allow to the people of each State the exercise of this to make answer to that question; for it hath not been act of sovereignty, the instruction of their Senators, and used aforetime, that the justices should in any wise deterdeny the same power to the State Legislatures, give us the mine the privileges of the high court of Parliament. For empty theory and deny us the beneficial practice of such it is so high and mighty in its nature, that it may make law; instructions. It is difficult to conceive how the people can give such instructions, otherwise than through their State Legislatures."

and that which is law, it may make no law; and the determination and knowledge of that privilege belongs to the Lords of Parliament, and not to the justices."

"The several State constitutions, saving to the people To exemplify this doctrine, I have looked into the practhe sole right to alter, amend, or abolish the forms of tice of the British Parliament upon this their theory, and government-saving certain other great natural rights, now beg leave to read to the Senate a case from an old which the Legislatures are forbidden to touch-and ex- standard English work, called "Lex Parliamentaria." cepting certain powers specified in the constitution of "Johnson, a servant to Sir James Whitlock, a member the United States, which are transferred by the people of the Commons House, was arrested upon an execution and by the States, from the State Governments to the by Moore and Lock, who, being told that Sir James General Government, do certainly vest in the State Legis- Whitlock was a Parliament man, Fulk, one of the proselatures every power and attribute of sovereignty, which cutors, said, he had known greater men's men than Sir the people themselves would otherwise exercise in per- James Whitlock's taken from their masters' heels in Parson. Those Legislatures are, in fact, in the daily exerliament times. This appearing, Lock and Moore were cise of all powers belonging to the State sovereignty, called into the bar, and by the judgment of the House except those thus forbidden to them. Now, the power were sentenced, first, that at the bar they should ask for. to instruct the Senators of the States in Congress, has giveness of the House and of Sir James Whitlock, on not been forbidden by the State constitutions to the State their knees; secondly, that they should both ride upon Legislatures, and retained by the people in their own one horse, bare-backed, back to back, from Westminster hands." to the Exchange, with papers on their breasts, and this

"Therefore, the State Legislatures may exercise this inscription: For arresting a servant of a member of the act of sovereignty, this right of instructing their Sena- Commons House of Parliament; and this to be done setors, as properly as they may exercise any of those pow-denti curia. Which sentence was pronounced by Mr. ers which they exercise daily without any doubt about Speaker against them at the bar, upon their knees." their right, and which yet are not granted to them by any express delegation."

Thus we see, Mr. President, something of the character of the privileges of an English Parliament, and it is Other objections have been taken to the protest hardly by the aid of such authority that we are now called upon worth mentioning, because they are so totally groundless. to decide that the President of the United States has For instance, it has been said that the President refers to committed a breach of the privileges of the Senate, in his oath of office as a source of power. Upon referring virtue of our power derived from our English prototype, to the paper, you find that the oath of office is referred to make that which is law no law, and vice versa. to only by way of attesting the importance of the duties we appeal to nothing more rational? Have not the fraof the Executive office in the view of the framers of the mers of our constitution given us all the security which constitution. reason and liberty require? The constitution has secured to each House of Congress, in express terms

Can

1st. The privilege of freedom from arrest of the persons of members.

2d. Exemption from question elsewhere for what is said in the House.

The resolutions now before us, charge upon the President another violation of the constitution, in sending to us his defence and protest, for which he is now upon trial again, without any opportunity of defending himself, and be is about to be tried and condemned for presenting a paper which we may, and probably shall, refuse to receive. So inexpressibly sublimated is the dignity of this angust body, that we may well expect a proposition to to read an extract from Jefferson's Manual: condemn the Executive for violations of the constitution, "The editor of the Aurora having, in his paper of Febwhenever he shall look at the Capitol. But of all the ex-ruary 19th, 1800, inserted some paragraphs defamatory

3d. Power over their own members and proceedings. As illustrative of this view of our privileges, suffer me

SENATE.]

President's Protest.

[APRIL 24, 1834.

of the Senate, and failed in his appearance, he was or- to make, and at the same time apply the law, is open to dered to be committed. In debating the legality of this question and consideration, as are all new laws. Perhaps order, it was insisted, in support of it, that every man, by Congress, in the mean time, in their care for the safety of the law of nature, and every body of men, possesses the the citizen, as well as that for their own protection, may right of self-defence; that all public functionaries are es- declare by law what is necessary and proper to enable sentially invested with the powers of self-preservation; them to carry into execution the powers vested in them, that they have an inherent right to do all acts necessary and thereby hang up a rule for the inspection of all which to keep themselves in a condition to discharge the trusts may direct the conduct of the citizen, and at the same time confided to them; that, whenever authorities are given, test the judgments they shall themselves pronounce in the means of carrying them into execution are given by their own case." necessary implication; that thus we see the British Parlia- I take it for granted, that, until Congress shall pass laws ment exercise the right of punishing contempts; all the regulating its privileges, we must look alone at the enuState Legislatures exercise the same power; and every merated grants of privileges in the constitution, and to court does the same; that if we have it not, we sit at the the ordinary judicial tribunals, for our necessary promercy of every intruder who may enter our doors or tection and safety. The only interference with the docgallery, and by noise and tumult, render proceeding in trines of Mr. Jefferson, upon this point, happened in a business impracticable; that, if our tranquillity is to be decision of the Supreme Court of the United States, in the perpetually disturbed by newspaper defamation, it will case of Anderson vs. Dunn. Although that opinion does not be possible to exercise our functions with the re-not, in the slightest degree, touch the privilege now for quisite coolness and deliberation; and that we must, the first time claimed in this or any other country, yet I therefore, have a power to punish these disturbers of our must say, I am not reconciled to its doctrines. I underpeace and proceedings. stand the doctrine of that case to be, not only that the "To this it was answered, that the Parliament and power of punishment for contempts is implied from necourts of England have cognizance of contempts by the cessity, but that the degree of punishment is only limited express provisions of their law; that the State Legislatures "to the least possible power adequate to the end”— have equal authority, because their powers are plenary; which can mean nothing more nor less than a power of they represent their constituents completely, and possess punishment to any extent which the offended party may all their powers, except such as their constituents have deem adequate.

expressly denied them; that the courts of the several That case, however, furnishes a principle totally at war States have the same powers by the laws of their States, with the present charge upon the President, of breach of and those of the Federal Government by the same State privilege. The court declare "that it cannot be denied laws adopted in each State, by a law of Congress; that that the power to institute a prosecution must be denone of these bodies, therefore, derive those powers from pendent upon the power to punish.” What punishment, natural or necessary right, but from express law; that let me ask, can one co-ordinate branch of this GovernCongress have no such natural or necessary power, or any ment inflict upon another? We can have no hesitation in powers but such as are given them by the constitution; deciding upon what some of his triers for this breach of that that has given them, directly, exemption from per- privilege would deem "adequate" punishment, if the sonal arrest, exemption from question elsewhere for what power to punish existed. More than one of his triers have is said in their House, and power over their own mem already declared, that President Jackson has done that, bers and proceedings; for these no further law is neces-in regard to this bank, which, if done by a British monsary-the constitution being the law; that, moreover, by arch, would have brought his head to the block. Most the article of the constitution which authorizes them to righteous and merciful judges! The President's only ofmake all laws necessary and proper for carrying into exe- fence is, that he has presented a view of his own rights cution the powers vested by the constitution in them, and powers, in opposition to the expressed opinions of they may provide by law for an undisturbed exercise of the Senate, which no Senator has or can answer, except their functions--e. g. for the punishment of contempts, or by declaring that he has been guilty of a breach of priviaffrays or tumult in their presence, &c.-but, till the law lege! And this result is arrived at, not from any view be made, it does not exist, and does not exist from their of our own constitution and laws, but from researches into own neglect; that in the mean time, however, they are the unadulterated nonsense of the privileges of a British not unprotected, the ordinary magistrates and courts of Parliament.

law being open and competent to punish all unjustifiable Should we not rather consult the good sense of our own disturbances or defamations, and even their own sergeant, times, and if we can find no precedents in the history of who may appoint deputies ad libitum to aid him (3 Grey our own proceedings, we shall not disgrace ourselves by 53, 147, 255) is equal to small disturbances. That in re-imitating the examples of our State Legislatures. I have quiring a previous law, the constitution had regard to the come across a parallel case: I mean to say parallel in every inviolability of the citizen, as well as of the member: as, point of view where any essential principle is involved, in should one House, in the regular form of a bill, aim at too the legislative history of that firmly democratic and dignibroad privileges, it may be checked by the other, and fied State of Pennsylvania. The late venerable Governor both by the President; and also as, the law being promul- of that Commonwealth, who was one of the signers of the gated, the citizen will know how to avoid offence. But Declaration of Independence, lived, also, as does our Pres. if one branch may assume its own privileges without con- ident, in high party times, when "inter factiones leges trol; if it may do it on the spur of the occasion, conceal silent." Amongst other violent persecutions, he was the law in its own breast, and after the fact committed, charged, in 1807, with having violated the constitution, make its sentence both the law and the judgment on that and articles of impeachment were reported against him by fact; if the offence is to be kept undefined, and to be de-a committee of the House of Representatives, and most of clared only ex re nata, and according to the passions of these articles said nothing in terms of a criminal intent. the moment, and there being no limitation, either in the At a subsequent session, in 1808, this report was taken manner or measure of the punishment, the condition of up and indefinitely postponed. After this decision, his the citizen will be perilous indeed. Which of these doc-biographer informs us thattrines is to prevail, time will decide. Where there is no On the next day, the Secretary of the Commonwealth fixed law, the judgment on any particular case is the law presented a replication from the Governor, relative to the of that particular case only, and dies with it. When a charges exhibited against him by the committee, which, new and even a similar case arises, the judgment which is being read, Mr. Sergeant inquired whether the commu

APRIL 24, 1834.]

President's Protest.

[SENATE.

nication would be inserted on the Journal? A variety of disquisition upon many of the constitutional powers and objections being made to this measure, a motion was duties of the Executive, and, upon repeated reference to made by Mr. Sergeant, and seconded by Mr. Ingham, it, it has been found to bear the cautious scrutiny of unthat the message be inserted at large on the Journal. On impassioned judgment, and to furnish a safe, a clear, and the question being taken, it was determined in the af a useful guide in the elucidation of cases involving points firmative." The biographer then goes on to say: similar to those which he professes to discuss." Is the case before us to be distinguished from that of

"The defence of Mr. McKean offers a bright contrast

to the report of his accusers; and we cannot refrain from Governor McKean on the ground that his reply was to extracting its exordium, as an evidence of the dignity articles prepared by a committee, instead of its having with which he repelled unestablished denunciations, of been a reply to a resolution of the House itself? If any the moderation and magnanimity which he displayed authority for this discrimination can be found, I will give throughout the replication, and of the self-command and up the precedent. Have we not received protests from respect which forbade him to descend to the language the Legislatures of South Carolina and Georgia, charging of his enemies. A long and dangerous illness,' he be upon us violations of the constitution, in passing tariff laws, gins, the sympathy of friends, and the advice of physi- and have we not entered the protests upon our Journals? cians, deprived me of an opportunity to peruse the Jour- Before we get round the force of the precedent, we must nal, or to have the least knowledge of the proceedings in resort to the authority of Fortesque, and declare that to relation to an impeachment of my official conduct, for be no law which we have declared to be law. Let us, more than a month after the termination of the last ses- Mr. President, give up this idle and disgusting claim of sion of the General Assembly. And, since that period, privilege, and enter this protest upon the Journal, and a proper respect for the exercise of constitutional powers answer it dispassionately, like rational men, if we can, and has restrained every disposition, on my part, to answer let our fellow-citizens, whose heads are not yet turned by the charges which have been exhibited against me, while an exhibition of the glories of the privileges of an English those charges continued a subject of deliberation. But House of Lords, decide the matter between the President the delicacy which has thus recognised your constitution- and the Senate.

al jurisdiction, must not be allowed to absorb every con- I cannot conclude, sir, without remarking upon the sideration that is due to my own fame, to the feelings of unkind criticisms of gentlemen upon the allusions which my family, and to the opinion of the world. The accusa- the President makes, in justification of his patriotic motion, though not confirmed by the ultimate vote of the tives, to the enduring memorials of that contest in which House, has been deliberately framed, has been openly American liberty was purchased, which he now bears discussed, and will pass, among the legitimate records, upon his bosom. This, too, is charged to have been done into the hands of our constituents, and our posterity, with with the low design of enlisting the feelings of the peoall its concomitant semblance of proof, and asperity of ple on his side in this controversy, if controversy it must animadversion. The decision that expresses your renun-be called, and some doubts have even been expressed as ciation of the impeachment, affects me, indeed, with its to its truth. Enumerat vulnera miles. Let the soldier justice and its independence; but it is a decision which count his wounds without reproach. If this be crime, precludes the employment of the regular means of de- and a breach of privilege too, is there a revolutionary offifence, before a competent tribunal, and, therefore, com-cer or soldier living, who is not equally guilty? Search pels me, for the purpose of vindication, to claim a page your records, and ransack the pigeon-holes of your Secrein the same volume that serves to perpetuate against me tary's office, find the name of every one who has presentthe imputation of official crimes and misdemeanors. It ed a petition to you, and then send your sergeant-at-arms is incompatible, gentlemen, with my view of the solemnity to bring them into your chamber. Arraign, try, conof the occasion, to descend to the language of invective demn, punish, and incarcerate them; then put a tongue or complaint. By exposing the depravity of other men, in every wound you see, and teach it to sing hosannahs to I should do little to demonstrate my own innocence; and the all pervading, all-absorbing, transcendent, omniscient, an expression of sensibility at any personal indignity that omnipotent privileges of the Senate. It is the duty of has been inflicted, might be construed into an encroach- patriotism to ask the remnant of our revolutionary vetement upon the freedom of legislative debate. But the rans to leave us all the evidences of the hardships and dantenor of my public and private life will, I hope, be suf-gers of the struggle through which they passed. Never ficient to repel every vague and declamatory aspersion. did Desdemona listen with a more greedy ear to the tales The discernment of our constituents will readily detect of Othello's disastrous chances, than we, in our childhood, any latent motive of hatred and malice. The justice of to the recitals of the battles, sieges, and fortunes of our the Legislature upholds an ample shield against the spirit revolutionary heroes: "so well their words become them of persecution; and the conscious rectitude of my own as their wounds; they smacked of honor both." When mind will yield a lasting consolation, amidst all the vicissi- they have gone, let us repeat their stories to our progeny, tudes of popular favor and applause.' That I may have till we see the tear of gratitude glistening in their eyes, erred in judgment; that I may have been mistaken in my and their countenances lighted up with a glow of patriotgeneral views of public policy; and that I may have been ism direct from the heart. Then turn to them the other deceived by the objects of executive confidence, or be- side of the tapestry. Show them the envy, malice, unnevolence, I am not so vain nor so credulous as to deny; charitableness, and mad ambition of the wretch, in human though, in the present instance, I am still without the form, who never perilled a hair in his country's service, proof, and without the belief; but the firm and fearless stretching out his sacrilegious hand to snatch a laurel from position which I take, invites the strictest scrutiny, upon the silvered brow of the aged warrior, sinking to his etera fair exposition of our constitution and laws, into the nal rest. sincerity and truth of the general answer given to my

May our venerable President live to count his wounds, accusers-that no act of my public life was ever done "longer than I have time to tell his years;" and when from a corrupt motive; nor without a deliberate opinion old time shall lead him to his end, "patriotism, goodness, that the act was lawful and proper in itself.' Mr. McKean and he, fill up one monument." then proceeds, in a circumstantial and irrefutable manner, When Mr. KANE had concludedseparately to repel the charges of the committee; and Mr. BIBB obtained the floor, but yielded it to Mr. triumphantly to vindicate his character, in every particu- WILKINS, who moved to postpone the consideration of lar, from the aspersions with which it had been assailed. the special order until to-morrow, and to make it the speThis replication comprehends a very learned and masterly cial order for to-morrow. The motion was agreed to.

VOL. X.-93

SENATE.]

Ontario County (N. Y.) Memorial.

[APRIL 25, 1834.

On motion of Mr. WILKINS, the Senate then proceed-this, too, done under pretence of an experiment, but ed to the consideration of Executive business, and remain- really and truly out of hostility to a banking corporation; ed for some time with closed doors.

At half past 4, the doors were re-opened, when Mr. HENDRICKS offered the following resolution; which lies one day on the table:

Resolved, That, for the remainder of the present session, the Fridays and Saturdays of each and every week shall be devoted to the consideration of bills.

Mr. SILSBEE moved to take up a bill to authorize the issuing a register to the brig American, of Savannah. Mr. CHAMBERS moved that the Senate now adjourn; which was negatived.

The bill was then taken up, acted on as in Committee of the Whole, reported without amendment, ordered to a third reading, and was then read a third time and passed. The Senate then adjourned.

FRIDAY, APRIL 25.

out of hostility to an institution which has existed with great usefulness to the country, which is now approaching a time when it might be modified, altered, and accommodated to any new state of things, or so as to accord with the lights of past experience, and be continued with every prospect of advantage to the country. How can conscientious men feel themselves justified in pushing, with such ruinous effects on the people, a quarrel of this kind, to this extent? How do they find within their own bosoms a monitor to tell them that all this is right? If the bank was not to be renewed, why not let it quietly expire and why not leave the public moneys in it till it should expire? A measure, so causeless, so uncalled-for, so destitute of all reasonable object, and all just purpose, and so disastrous in its effects on the whole body of the people, is, so far as I know, no where else to be heard of. This changing the custody of the public money, without authority of Congress, is, as a measure of ONTARIO COUNTY (N. Y.) MEMORIAL. policy, wholly without justification, and, as a blow on the Mr. WEBSTER presented a memorial signed by three prosperity of the country, wholly without example. The thousand citizens of the county of Ontario, in the State people ought not to submit to it. Their respect, their of New York. These memorialists, said Mr. W., are attachment for any individual, however strong that refarmers, mechanics, merchants, and other citizens. They spect and attachment may be, ought not to make them represent that they inhabit a portion of western New willing to submit to such an extension of executive power, York, essentially agricultural, and second to none in fer- and to the consequences which flow from it. And I am tility of soil and other natural advantages. This will be sure they will not submit. The country is effectually readily admitted by all acquainted with the county. It roused. The people feel a spirit stirring within them, is in the beautiful lake country, is large, constituting a which they know is the spirit which has come down to Congressional district by itself, and is doubtless in the them with the blood which fills their veins. It is the very first class of agricultural counties. Its great prod-spirit of their fathers, who did not wait till unjust power ucts are wheat and cattle, and its principal manufacture had crushed them, but who saw its approach in the lowerthat of flour; although there are, in the county, manufacing storm, snuffed it in the tainted gale, and met it, and tories both of wool and cotton. Ontario, in its leading resisted it, and repelled it. It is the most alarming circharacter, is a county of intelligent farmers. It belongs cumstance in our whole condition, that in order to justify to that interest which is at once the most general in the the removal of the deposites, principles are advanced by United States, and is also the basis of other pursuits. Its the Executive which threaten a change in the substantial rich lands and other local advantages, have invited into it, character of our Government. The argument which is as the memorialists state, considerable capital, and stimu- to justify the Executive in this instance, seems to me to lated strongly the industry of the people. The growth leave little or no power to Congress over the public treas of the county is good proof of this. This growth resem-ure. We thus see a constant advance in the claims of bles the vigor with which population has spread forth, power. Those who defended the letter read to the cabiand penetrated the wildernesses, in regions beyond the net, probably never expected to be called on to support Alleghany. I am old enough to remember when he who such reasons as were afterwards given by the Secretary; had seen the Seneca lake, had performed a journey from and those who made up their minds to stand by the Secthe Atlantic coast fit to be spoken of; and I see it stated, retary's report, could not have foreseen that, ere long, indeed, in some interesting recent account of the settle- they must prepare themselves for the doctrine of the proment of this part of New York, that, when the county test. And what is next to be put forth, time only can show. of Ontario was established, it contained only a thou- Sir, a month or two ago, an honorable member, of New sand inhabitants, though it extended from the Seneca York, spoke with pleasure of the unanimity of feeling lake to Lake Erie, carrying the whole breadth of the which prevailed in New York, and of the quieting, in State, between Canada and Pennsylvania; an extent of some measure, of what he thought an unhappy controcountry now embracing thirteen or fourteen counties, versy, which had existed, heretofore, in the western parts with a population of near four hundred thousand. A of that State particularly. I think, too, sir, there are country so rapidly growing, with so much necessity of signs of union, and much stronger signs than there were sale, purchase, and exchange, of course requires credit when the gentleman alluded to the subject. Sir, the letand confidence, and a stable currency, to conduct its bu-ter addressed to the honorable member from Kentucky siness beneficially. The memorialists declare that the and myself, committing this memorial to our care, is signeffect of recent measures of Government has been most ed by names, many of them not unknown here. They disastrous, on all their great interests. The farmer, the are, Nathaniel W. Howell, John C. Spencer, Mark H. merchant, the mechanic, all feel alike the pressure of the Sibley, James D. Bemis, Z. Barton Stout, John Dixson, times. Produce has fallen in price from twenty-five to Phindres Prouty, H. R. Schermerhorn, Robert Carey thirty-three per cent. since the interference of the Execu-Nicholas, Abraham C. Post, Samuel Rawson, Stephen tive with the public revenue; and land, land itself, the Bates, and Moses Fairchild.

great capital of the county, the form in which the vast Those who know these gentlemen will recognise among proportion of its property consists, has fallen, within the them persons whose political opinions have not been the same time, to the same extent. I receive this informa-same, on all subjects, nor their political objects always tion from the best sources, and to which I give entire identical. Yet they are united. They are united, as in credit. Here, then, is a reduction of the whole property of a common cause, and secking to remove a common evil. the people, twenty-five or thirty-three per cent., a strik- They come with one voice to Congress, they speak with ing off, at a blow, one-quarter or one-third of the whole one voice to the people; and I trust they will act with value of what they possess! Sir, is this tolerable? All one heart and one mind, in the present exigency of public

APRIL 25, 1834.]

Ontario County (N. Y.) Memorial.

[SENATE.

affairs. It is to this union, to these united counsels and actual danger, if he should go to Baltimore. Now, he united efforts, to this sense of common danger, and this rose on this occasion to say, that his former remarks apcommon sacrifice of minor differences to high patriotic plied to the people of Baltimore who assembled on Sunduties, that I look, and look confidently, for the salvation day last, in the afternoon, and no others. of the country. Every day accumulates new proofs of M. WEBSTER said, he should be sorry, on any occathis growing harmony of public sentiment. Far and near sion, to do the slightest injustice to the gentleman from there is a rallying for the constitution and the laws. Three Georgia. But, he would have the honorable member to days ago we heard of the clamorous and factious shouts recollect, that if, in consequence of what had been said of the citizens of Baltimore. Another peal now reaches on the subject, any thing unpleasant had arisen, he [Mr. us from the multitudes assembled in those same streets, FORSYTH] was a volunteer in the matter entirely; having and in this peal mingle many new voices, of powerful made allusion to Baltimore without any provocation whattone. Sir, the American people are so well schooled in ever. Whilst the Senate were engaged in a discussion on the great doctrines of free government, that they are the memorials from New Jersey, the honorable Senator competent to teach first principles, even to their rulers, had taken occasion to depart from it, and to introduce if unhappily such teaching should become necessary. some observations in relation to the proceedings of SunThey will teach them that public complaint, for mal-ad- day last, in which he knew an individual of this body to ministration of government, is not clamor; that indigna- have participated. Now, he (Mr. W.) would leave it to tion for unnecessary and severe national suffering, is not the honorable member and others to say, whether, on treason, either legal or moral; that to resist the encroach- that account, notice of them was rendered desirable. ments of power, is not to cabal against government; and The gentleman was altogether a volunteer in it. He that the people themselves are not a faction. (Mr. W.) wished to repeat, that he had no intention to do

from me-but the gentleman must consider to whom he applies language of that sort; and he must consider, too, the occasion to which it was applied. And I think he is bound to consider, also, that it was without cause-without provocation.

Mr. FORSYTH then said, he had not seen the Balti-injustice to the honorable Senator, and had not ascribed more papers, and therefore he could not say whether the any term to him, which he had not used and applied to same thing of which he (Mr. F.) spoke, had occurred. the citizens of Baltimore. He had said, that he intended He thought, however, it could not well be. A Sabbath it only to apply to those who had chosen to assemble in day had not intervened since, so as to afford them the the streets of that city, for the purpose of making a disoccasion. He was not in his seat yesterday at the time turbance. That, however, did not help the gentleman's the gentleman from Massachusetts made some remarks case. He (Mr. W.) could assure the gentleman, that upon the presentation of a memorial from Union county, among the crowd were many individuals whom he [Mr. Pennsylvania, but he would take this occasion to allude F.] did respect, must respect, and would not say he did to them. [Here Mr. F. read Mr. W.'s remarks as report- not respect; and that they were not only in dozens, but ed in the Intelligencer.] Now, Mr. F. took it for granted by hundreds and thousands. He would not succeed in the report was correct, and if so, the gentleman had done drawing any line of respectability and of character be him very great injustice. He had never found fault with tween the citizens of Baltimore generally, and those who any of the citizens of the United States for memorializing had assembled on Sunday. The honorable Senator had Congress; nor had he ever said that meetings for such thought proper to make a warm speech against tumultupurpose were offensive in their character. His remarks ous assemblages-against proceedings which he thought referred to a meeting in Baltimore, and was confined sim-"factious." There was, perhaps, no occasion for readply to those who were celebrating the Sabbath day in that ing a lecture to any portion of the people of Baltimore. If city, in a particular way. He thought that meeting was any injustice had been done the honorable member, he noisy and clamorous, and prompted by a spirit of faction, had done it to himself. Far be it from me (said Mr. W.) and that nothing but political feeling could have caused to say any thing which would have the slightest tendency it. He believed it had been stated that one of the speak- to place the honorable member in a disrespectful light or ers, on that occasion, had endeavored to avoid that vio- character, before the people of Baltimore. Far be it lation of decorum, but was called out by the people to address them. Now, this was noise and clamor, and his remarks applied only to those who were assembled on that day. Another remark of the honorable gentleman was complimentary to Gov. Snyder, of Pennsylvania. And when, he would ask, had Gov. Snyder become a favorite with the honorable gentleman? It was not long since the party the gentleman was connected with had considered him a stupid Dutchman-that he was chosen by a community of stupid Dutch. Mr. F. spoke only of treasonable threats, and he did say that exertions were Mr. FORSYTH said, that whether he was a volunteer, making to urge the people to the commission of treason or not, was of no importance. He had found the subject against, not the President, but the Congress of the United in his way, and had used it because it was, in his opinStates. The good newspapers of this city of Washington ion, appropriate. But the gentleman from Massachusetts did not always tell the truth of what was done in this Hall. was not aware of the injustice he had done to him. What Some omitted to state what fell from gentlemen here- he (Mr. F.) had said, referred exclusively to the proothers suppressed it--while others put sentiments into our ceedings of Sunday. The terms in which he had exmouths which we never entertained, and never express-pressed himself were not stated with precise correctness. ed. But it would not do to complain of it, because it [llere Mr. F. read a portion of the remarks of Mr. WEBwould seem like interfering with the liberty of the press. STER.] "Clear gone in moral treason!" Now, it was imBut ought we not ourselves to be a little more regardful possible for any one, not present at the debate, to come of what we say of each other? Now, these remarks of to any other conclusion, than that this expression had refthe honorable gentleman were calculated to do him a great erence to those of the people of Baltimore, who assemdeal of injury. Some time since, he was abused in the bled in the ordinary manner, to exercise their legitimate public papers for the expression of sentiments which he right of expressing their opinions, and not, as was the never uttered or dreamed of. And a petition had been fact, that it referred exclusively to the Sunday prosent to the other House, containing threats against him ceedings. The gentleman from Massachusetts had emfor saying what he never did say; and these remarks of braced every thing that had happened in Baltimore, and the honorable gentleman were calculated to place him in did not confine his remarks, as he (Mr. F.) had done, to

Although I do not speak in a spirit of fault-finding, I must say, it would have been quite as well not to have alluded, without necessity, to an occurrence in which a member of the Senate took part, without his fore-knowledge or procurement.