APRIL 25, 1834.] President's Protest. [SENATE. On the 2d March, 1833, in accordance with the committee, the House of Representatives "Resolved, That the Government deposites may, in the opinion of this House, be safely continued in the Bank of the United States."Ayes 109, nays 46.-(H. J., p. 450, 463-4.) The Senate had resolved "that the President, in the The committee went to Philadelphia, examined witnesslate executive proceedings in relation to the public reve-es, directors and others, upon oath-(among these Mr. nue, has assumed upon himself authority and power not Sullivan and Mr. McElderry.) They made a reportconferred by the constitution and laws, but in derogation counter reports were made by the minority of the comof both." To this resolution the President has sent his mittee. protest. Of this resolution, he complains that "there is no such certainty of time, place, or circumstance, as to exhibit the particular conclusion of facts or law which induced any one Senator to vote for it." And, in a subsequent part of his protest, he endeavors to confine the public attention to his acts in "dismissing the late Secre- Thus, by more than two-thirds, the suggestion of the tary of the Treasury, because he would not, contrary to President as to the removal of the deposites, was dishis sense of his own duty, remove the money of the countenanced by the House of Representatives. So stood United States in deposite with the Bank of the United the matter when the Congress adjourned. The RepreStates and its branches, in conformity with the President's sentatives refused to sell the bank stock; voted that the epinion, and appointing his successor to effect such re-deposites might be safely continued in the Bank of the moval, which has been done." This necessarily brings United States-the proceedings about the 3 per cents., into review the facts and deductions alluded to in the res the rumors alluded to by the President, and the funds of olution, and draws into discussion the principles avowed, the bank, having been examined. asserted, and defended by the protest. The protest had been committed to the press before it was delivered to the Senate, and thousands of copies have been distributed. The President has appealed from the Senate to the people. Notwithstanding these two reports concurring in the safety of continuing the deposites in the Bank of the United States, and the overwhelming vote of the House of Representatives, sufficient to drown even a veto, the President hurried to his next act in chronological order, disclosed by document A, appended to the report of the Secretary of the Treasury. Conscious of the importance of the subjects, and of the gravity with which they should be treated; believing, moreover, that the acts of the Executive have sufficiently 3d. By the letter of Messrs. Sullivan, Wager, and Gilcharged the political atmosphere with electricity, I have pin, in answer to a letter of the President, it appears that, covenanted with myself, not to utter wittingly any thing on the 14th of April, 1833, he had instituted another inwhich can justly be taken in offence by the Senators who quiry. Neither the powers of the Secretary of the Treasvoted against the resolution, and who sustain the princi-ury, nor the report of that agent, nor the report of the ples avowed in the protest. If I shall not keep this cove- committee of the House of Representatives, nor the vote nant, it will be by force of a habit of free and undisguised of that branch of the Legislature, nor the investigation utterance of my opinions upon questions which involve the principles of free government, which those who know me best will avouch. In voting for the resolution complained of, I was not confined to the limits supposed by the protest. As I intend that my argument shall apply to acts done by the President, to deductions from facts alone, and to principles of action avowed by him, not to mere abstractions, I will state succinctly the facts to which the resolution of the Senate was applied by me. made by their more ample powers, nor the powers of the Judiciary to hear and try a scire facias against the bank upon fifteen days' notice, were sufficient to quiet the apprehension of the President for the safety of the "money of the people." To his own more ample powers he resorted, and by proceeding under his sign manual, Messrs. Sullivan, Gilpin, and Wager, were put to the honorable employment of secret informers. In less than six weeks after the adjournment of Congress, this new court of inquiry was instituted. What compunctions of conscience 1st. By the message of the President of the 4th De- they had in performing the task set upon them by the cember, 1832, he recommended to the Congress to pro- President, will appear by the conclusion of their letter to vide for selling out the stock of seven millions of dollars him of the 22d April, 1833, in answer to his of the 14th; held by the Government in the Bank of the United States, they say: "We may be permitted also to add, that the and for placing the proceeds in the Treasury: he com- wishes and opinions which we took the liberty of expressplained of the conduct of the bank in relation to the 3 ing in our former letter, have been since more strongly per cent. stocks: moreover, he said "such measures as confirmed; and that we should not only feel more satisare within the reach of the Secretary of the Treasury faction ourselves, but be enabled to convey to you more have been taken, to enable him to judge whether the pub. full and correct information, were we to proceed in an inlic deposites in that institution may be regarded as entirely vestigation whose object was avowed, and if we were safe; but as his limited power may prove inadequate to strengthened by that official sanction which we sugthis object, I recommend the subject to the attention of gested." Congress, under the firm belief that it is worthy of their 4th. By document B, appended to the same report, it serious investigation. An inquiry into the transactions of appears that these informers were further stimulated by the institution, embracing the branches as well as the the letter of the President of the 3d August, 1833. In the principal bank, seems called for, by the credit which is conclusion of their answer, they say "that a more exact given, throughout the country, to many serious charges statement could only be obtained by an agent directly auimpeaching its character, and which, if true, may justly thorized by the Executive." excite the apprehension that it is no longer a safe deposi tory of the money of the people." These communications formed the basis of the manifesto read to the cabinet. 2d. These subjects of the message were referred by 5th. By the documents communicated by the Secretary the House of Representatives to the Committee of Ways of the Treasury, it appears that Mr. Kendall, the Fourth and Means. An investigation by that House, with its am- Auditor, (attached to the Navy Department,) was appointple powers, did take place. The report of the agent ap-ed by the President, not by the Secretary of the Treasupointed by the Secretary, was, that the deposites were ry, as an agent to communicate with the State banks, to safe, and this report was communicated to the House of ascertain upon what terms they would be willing to accept Representatives. On the 13th of February, 1833, a bill the deposites of the public moneys, and perform the dufor the sale of the bank stock, recommended by the ties stipulated to be performed for the Government, in President, was rejected by the House of Representa- the charter of the Bank of the United States; and he retives.-(H. J., p. 325 to 327.) ported accordingly. VOL. X.-94 6th. On the 18th September, 1833, the famous manifesto of the President was read to the cabinet, and published to the people of the United States in the Globe of the 20th September. The authenticity of this document is acknowledged, in his response refusing to send a copy to the Senate. [APRIL 25, 1834. Secretary to examine the banks.-(Documents D, G, I, 12th. The deposites being so changed, loans of two millions three hundred thousand dollars were made by four Treasury checks on the Bank of the United States, of half a million each; and three others of one hundred thousand dollars each, in favor of the cashiers of certain 7th. In his manifesto, the President declares the first of those selected State banks, "to be used upon certain day of October as the time fixed for the removal of the contingencies;" that is to say, to enable those banks to deposites-avows "the proposed measure as his own"- settle the balances against them, and to guard them against "its responsibility (he says) has been assumed, after the bankruptcy. They were loans, emphatically; they most mature deliberation and reflection, as necessary to were not drawn for any financial purpose of the Govpreserve the morals of the people, the freedom of the ernment; they were in pursuance of no appropriation press, and the purity of the elective franchise." Mark by law, but for the private purposes of the banks, that! The President has taken the "morals of the people, not to be used but upon contingencies; and if those the freedom of the press, and the purity of the elective contingencies did not arise, (that is, if the bank should franchise" under his jurisdiction. settle the balances demanded of them without the aid of these loans,) they were "to be returned to the Treasury, to be cancelled." When he invited the Congress to interfere, the safety of the deposites was the question. But the Congress would not order the removal; and the House of Representatives resolved they might be safely continued in the Bank of the United States. Thus the President, not content with the examination made by the Secretary of the Treasury, (Mr. McLane,) not content with the examination by the House of RepreThe Congress would not sell the seven millions of stock; sentatives and the vote of that House, got on foot an nor would they repeal the law which declared that the inquiry of his own, by secret informers; decided on the notes of the Bank of the United States should be removal of the deposites; appointed the agent to confer receivable in all payments of revenue. The deposites with the State banks; appointed the time for the removal increased the profits of the bank, and the United States to take effect; removed Mr. Duane for refusing to betray received their proportion of the semi-annual dividends the trust confided to the Secretary by law, and to surupon their capital stock. Therefore, the Congress would render his judgment and discretion to the President. He not make war upon the capital of seven millions, nor upon assumed the power over the Treasury, and appointed the dividends. Mr. Taney to consummate his scheme. 8th. Mr. Duane, then Secretary of the Treasury, could I shall treat the stoppage of the public moneys from not, in his conscience and judgment, see any reasons for being deposited in the Bank of the United States, the making war upon the capital stock of the United States, removals, transfers, and loans to the State banks, as the and the half-yearly dividends accruing to the Treasury. acts of the President; the reasons assigned by Mr. Taney He could not see the propriety of removing the moneys as the reasons of the President; and the principles assertof the United States from a bank of safety, in which the ed by that report, as the principles of the President. I United States had an interest and derived profit, into State shall consider the Secretary, (Mr. Taney,) as the "inbanks, in which the Government had no stock, from strument" employed by the President for the occasion, which they could receive no dividends, and over which and the report itself as having been inspected, approved, they had no control. He respected the powers of the and referred to in his message at the opening of this Congress and the interests of the Treasury. session. My authority for so doing rests upon public documents and admitted facts. They are notorious: they do not depend upon moral 9th. For refusing to submit the trust confided to him by law, and his oath and judgment, to the dictation of the President, Mr. Duane was dismissed on the 23d of Sep-testimony; they are on record in the public offices. tember, 1833, and Mr. Taney was appointed to succeed him-to do that which Mr. Duane refused to do. 10th. On the 26th of September, 1833-but three days after Mr. Taney was appointed, the orders were issued for depositing in certain State banks the revenues falling due on the 1st of October and after. Similar orders followed in succession in favor of other State banks.-(See documents C, E, I, appended to the report of the Secretary.) They are too notorious to the multitude of citizens who are enduring the tortures of mental and bodily distress, privation, and ruin, which this ill-fated measure has inflicted upon them. The honorable Senator from TenPresident's, and is unwilling that he should be deprived nessee [Mr. GRUNDY] has avowed these acts to be the of any part of the honor and glory of the achievement: and surely in this instance he had authority for so saying. The report of the Secretary has been, by the ComThus a movement so important to the finances of the mittee on Finance of the Senate, so satisfactorily exposed United States, so deeply affecting the currency, exchange, and refuted, and with so much more ability than I preand all the important interests of the people, was adopted tend to, that I shall say no more of it as a financial measin three days, by a new Secretary of the Treasury, trans-ure, than is absolutely necessary to preserve the chain ferred from the office of Attorney General, before he of my argument. could possibly have studied or surveyed, much less com- But I shall examine the political principles and powers prehended, the vast field, and the consequences. But practically exercised in the removal of the deposites, in the Attorney General, accustomed to obey the mandates the dismissal of Mr. Duane, and asserted and proclaimed of a court, easily transferred his obedience to the mandate in the manifesto and protest of the President. of the President; and so the will of the President was done. 11th. By the documents communicated to the Senate, it appears that a system is attempted by the Executive, of forming a league of banks; that contracts have been made with those banks by the Secretary of the Treasury, not only without law, but in defiance of law; that one article of the agreement is for authority to him to levy a contribution (a tax) upon them, for defraying the compensation and expenses of agents to be appointed by the I shall consider them, 1st. As they have been brought to bear upon the chartered rights and franchises of the stockholders of the Bank of the United States. 2dly. As they have been brought to bear upon the officers of the Treasury, and the security of the public treasure. 3dly. As they affect the distribution of powers and safeguards ordered and ordained by the constitution. These acts of the President in relation to the public revenue appear to me to have made an attack on private APRIL 25, 1834.] President's Protest. [SENATE. rights: they have made a breach of public faith; and with of the United States and its branches, and continue there it a wound upon social confidence and credit: have de- until the 3d of March, 1836, unless the Secretary of the ranged the currency and exchange: have erected a new Treasury shall at any time otherwise order and direct, in jurisdiction for ascertaining offences and affixing punish- which case the Secretary of the Treasury shall immediatements unknown to the laws and forbidden by the con- ly lay before Congress the reasons of such order or distitution: have asserted and acted upon powers and pre-rection. The contract says, "unless the Secretary of the rogatives which tend to subvert the radical principles Treasury shall otherwise order and direct." of the constitution, and to uproot the essential foundations of all free government. On the 17th September, President Jackson announced his final determination for the removal of the deposites; In reviewing and descanting upon these measures, I appointed the day, and took the responsibility on himself. feel nothing of the joy of victory over a fallen enemy: Was be the Secretary of the Treasury? Is the President nothing of the complacency of a prognosticator, who of the United States ex officio the Secretary of the Treas having predicted evils, finds his forebodings verified. ury? Clearly they are separate and distinct offices, inNo, sir; far, far different are my feelings. They are compatible, and not to be united in the same person. The the acute and pungent sorrows of one who sees but too laws had appointed the Bank of the United States as the certainly, that those in whom he put his trust and con- place for keeping the public moneys; and the public faith fidence are running down to ruin: that the deep founda- was pledged to it by contract and by a charter. But this tions of former political associations are broken: that same law and contract gave a discretion and a power to those who have been, and yet should be friends, are a particular officer (the Secretary of the Treasury) to gloaring on each other, and looking with eyes of wild suspend the execution of this law, for reasons to be redistrust: that principles which have been avowed, cher-ported to and adjudged by Congress. The authority ished, struggled for, and maintained by the great repub-given by the Legislature was to a designated officer. lis lican family, are betrayed, deserted, enfettered, and judgment was to decide, his judgment was to rule, his wounded by him, from whom assistance was expected to reasons were to be reported to the Congress for their apgive them strength and activity: principles which awaken proval or disapproval. To the Secretary of the Treasury the fairest hopes and solicitudes of the friends and patrons alone, the Congress had expressly and particularly confi of human liberty; and which, like the rounds of a ladder, ded the discretionary authority for suspending the execuwere used as auxiliaries and supporters in his elevation. tion of the law. Mr. Duane, then Secretary of the Treas1st. The conduct of the President towards the bank ury, not only could not see reasons for suspending the and bank directors, violated principles not to be profaned, execution of the law, but his reason and his judgment rewhich are at the foundation of liberty and asserted as jected the proposition. He refused. For so refusing, fundamental in the State and Federal constitutions. "No for the honest, faithful, conscientious exercise of his reason person shall be despoiled of his property, immunities, or and judgment, in the discharge of a trust expressly comprivileges, put out of the protection of the law, exiled, mitted to him by law, the President removed him from ofor deprived of life, liberty, or estate, but by the judgment fice; and by the command of the President, and upon his of his peers or the law of the land." The right of responsibility, the law was suspended. The removal was trial by jury shall be held sacred and inviolable." "No effected by the mandate of the President. law shall be made respecting an establishment of religion, That the discretion and authority to remove the deposor abridging the freedom of speech or of the press." These axioms are declared as self-evident truths, in the bill of rights of not less than eighteen States of the Union, and in the constitution of the United States. These established leading principles are declared for the purpose of limiting and controlling the actions of all government. They are the pillars of human liberty, and distinguish a free government from a despotism. The ites is confided and belonged to the Secretary of the Treasury, by the act of Congress, accorded with the Pres idents own view of the subject, until after Mr. Duane's refusal; an event, no doubt, very unexpected. President seems to have supposed that his dictum would have been reason with Mr. Duane. Under these suppositions, the President seems to have labored when he read his manifesto to his cabinet, on the 18th of September. The President has despoiled the bank and the stock- Here Mr. B. read from the manifesto: "The power of the holders, United States and individuals, of their immuni- Secretary of the Treasury over the deposites is unqualities and privileges, without the verdict of a jury, and fied. The provision, that he shall report his reasons to without any law of the land. By the act of Congress Congress, is no limitation. Ilad it not been inserted, he proposing the Bank of the United States to such persons would have been responsible to Congress, had he made a as should subscribe their funds for shares, and by the ac- removal for any other than good reasons; and his responceptance of the terms, the law became a contract between sibility now ceases upon the rendition of sufficient ones to the Government and the stockholders; each bound to per- Congress. The only object of the provision is to make form their respective correlative stipulations. By this his reasons accessible to Congress, and enable that body charter the stockholders, foreigners and citizens, ac- the more readily to judge of their goodness and purity, quired private rights and immunities, not to be despoiled and thereupon to make such further provision by law," &c. nor taken away, but in the manner provided by the char- Here the power belongs to the Secretary; he is reter and the laws of the land. These immunities and priv-sponsible to Congress; and the removal must be for "good ileges they have purchased and paid for by one million reasons," to acquit the Secretary of his responsibility to and a half of dollars, and other valuable considerations, Congress. honestly paid and performed to the United States. The But again: in the same document, the President said, United States are bound, on their part, to a full and punc-Far be it from him to expect or require that any memtilious observance of the stipulations of the charter. The ber of the cabinet should, at his request, order, or dictasolemn faith of the United States was pledged. The tion, do any act which he believes unlawful, or in his stockholders held their immunities and privileges by the conscience condemns. From them, and his fellow-citihighest muniments of title; they were stamped with the zens in general, he desires only that aid and support faith of the Congress; they were sealed with the faith of which their reason approves and their consciences sancthe President of the United States, affixed to the charter tions." by President Madison; they are sanctioned by the integri Again: "In the remarks which he has made on this allty of the Supreme Court of the United States. The char-important question, he trusts the Secretary of the Treaster assures to the stockholders that the deposites of the ury will see only the frank and respectful declarations of moneys of the United States should be made in the Bank the opinions which the President has formed on a meas SENATE.] President's Protest. [APRIL 25, 1834. ure of great national interest, deeply affecting the char- retary of the Treasury, the more ample powers of Conacter and usefulness of his administration; and not a gress, the powers conferred on the President by law to spirit of dictation, which the President would be as care- sue a scire facias to repeal the charter, in the circuit court ful to avoid as ready to resist." of the United States, and demand a trial upon process ex Here the Secretary of the Treasury was told by Presi- ecuted only fifteen days before the term, were too slow dent Jackson, that the Secretary was responsible to Con- and quite insufficient for the President. If a scire facias gress; that the Secretary's reasons are to be judged by had been resorted to, then the corporation would have Congress; they must be good to relieve the Secretary's been informed of the nature of the accusation; must have responsibility. He is told that President Jackson does been heard in defence; the facts in issue must have been not desire the Secretary to do any act which he "in his tried by witnesses and a jury; and the court must have conscience condemns" or "believes unlawful;" dictation pronounced upon the sufficiency of the accusation. This is not intended, but only a "frank" expression of opinion. process of law-the trial by witnesses and a jury and a Who that is himself frank and honest could have imagin-court-was not sufficiently forcible and powerful. The ed, after this, that when Mr. Duane gave his candid opin- bank monster was to be destroyed, and the operation could ion and judgment against a removal of the deposites, and only be trusted to another monster, a court of “criminal could see no good reasons to acquit his conscience, and equity," combining the legislative, judicial, and execu his responsibility to Congress, in case he should order a tive powers, in the same person; where the accuser sat removal, that he would be dismissed from office by Pres-judge; heard the witnesses in secret, made the offence, ident Jackson, for refusing to submit to the dictation of and declared and inflicted the punishment-the offence, the President; for refusing to do an act "which he be- the conviction, and the punishment, all being published lieves unlawful," and "in his conscience condemns?" to the accused and to the people at one and the same But when, on the 23d of September, Mr. Duane could see breath. no good reasons for the removal of the deposites, and therefore refused to issue such order, the relative rights and powers and duties of the President and the Secretary of the Treasury were suddenly changed. But the rights of the corporation are not the only private rights which have been invaded by this court of star chamber, sitting in privy council, in criminal equity. The corporation is a mere faculty-a person existing only in But of the contrast between the sentiments delivered contemplation of law. A corporation cannot commit before and after the refusal by Mr. Duane, I may speak treason, nor murder, nor felony, nor crimes. Criminal further hereafter. offences may be charged upon the individuals acting as It is plain that the law required the moneys to be de-president and directors, not upon the mere faculty which posited for safe keeping in the Bank of the United States; exists in its name, and acts and moves only by the agency but a power to suspend the execution of this law, was of men. The president and directors, then, are the perconfided, not to the President, but to the Secretary of the sons who have offended, as charged in the manifesto, Treasury. "The power of suspending laws, or the exe- against "the morals of the people, the freedom of the cution of them, ought never to be exercised but by the press, and the purity of the elective franchise." Now, Legislature, or by authority derived therefrom, to be ex- the president and directors are men of business, American ercised in such particular cases only as the Legislature citizens, of good name, fame, and reputation, possessing shall expressly provide for." This is one of those max- the esteem and confidence of their fellow-citizens; chosen ims, those self-evident truths, declared by the bill of rights by men of business and property, to take charge of and of the States before the adoption of the Federal constitu- manage the joint concerns of a capital of thirty-five mil tion, and which now appears in the bill of rights of eigh-lions of dollars, of which twenty-eight millions belong to teen States. The suspension of the law was not by the private persons. And yet these trustees, so reputable, authority of the Congress when the President thought fit so chosen, and so confided in, are, by the manifesto, charso to order, but only when the Secretary of the Treasury ged with aggravated breaches of trust, with corruptions, should so order, for reasons appearing to him to justify with converting the means of their confiding employers the act. The President having taken upon himself to sus-"to embroil the country in deadly feuds, and, under cover pend the law, when the discretion was not confided to of expenditures in themselves improper, extend its corhim, by overruling the discretion and judgment of the ruption through all the ramifications of society." These Secretary, to whom the authority was particularly confi- are serious charges. They are promulgated by a Presided by the laws, did suspend a law of Congress without dent of the United States. He has tried them in a court authority, and in a case not provided for. The President of criminal equity, of his own creation, by witnesses beard would not suffer the law to take its course. But, under only by himself: he has punished the stockholders and the color of a power to see the laws faithfully executed, he country for offences, made known by accusation, convicdid break the law. tion, and punishment, simultaneously announced to the Without trial, without a jury, without law, the char-offenders and to the public. The bank, created by the tered privileges and immunities, the private rights of the stockholders of the bank were despoiled, violated, and taken away. The information and trial were in secret, unavowed; the offence is not defined by any law; the of fence and the punishment were measured by the President's will. 66 Congress and President Madison, was a "monstrous golden calf," and President Jackson (as a modern Moses) has produced a new monster, a huge many-headed serpent, to swallow the golden calf. There are passages in the manifesto which ought not to pass unnoticed. Speaking of his message to Congress, The most odious features of the Star Chamber in Eng-recommending an inquiry into the affairs and conduct of land were, that the trials were for offences not defined by the bank, and the resolution of the House of Representalaw, created at the pleasure of the King and his privy tives consequent upon that inquiry, he says, "It is true council, enjoining to the people that which was not enjoined by the laws, and prohibiting that which was not prohibited, and dealing out censures and punishments by the like unrestrained will." Lord Bacon called it a court of "criminal equity." To have the definition of a court of criminal equity, we must look to a court claiming a large and liberal construction in ascertaining offences, and a discretionary power in affixing the punishments-which "But it was not his purpose (as the language of his is a monster in jurisprudence. The powers of the Sec-message will show) to ask the representatives of the peo that, in the message of the President which produced this inquiry and resolution on the part of the House of Representatives, it was his object to obtain the aid of that body in making a thorough examination into the conduct and condition of the bank and its branches, in order to enable the Executive department to decide whether the public money was longer safe in its hands." Free-will they, one way, disavow, [SENATE. ple to assume a responsibility which did not belong to them, and relieve the Executive branch of the Government from the duty which the law had imposed upon it." "Whatever may be the consequences, however, to him- With President Jackson it is all right, for him, to follow self, he must finally form his own judgment, where the his own will, conscience, and responsibility, in construing constitution and the law makes it his duty to decide, and his powers and duties under the constitution and the laws; must act accordingly." The translation of these sophisti- but, in other men, it is sinful to consult their consciencated sentences into plain language is this: that by the ces, judgment, and responsibility, as to their duties and constitution and the law he has the custody of the public powers. money; as the Congress did not do in that behalf what he thought their duty required, he has taken the matter into our forefathers in the establishment of our happy system But, to prevent the "blood and treasure expended by his own keeping, and will act accordingly. Do we live of government" from becoming "vain and fruitless," under a Government of laws or under the rule of one man? President Jackson tells us that he had determined on the Has he the right thus to rate the guardians of the public removal of the deposites, and that "its responsibility has treasure, and chide them for not doing his will? Has the been assumed, as necessary to preserve the morals of the spirit of our fathers fled to brutish beasts, and left a petty people, the freedom of the press, and the purity of the race of men to peep about and find dishonorable graves? elective franchise." This tyrant necessity, which knows Public opinion is seldom erroneous when founded on cor- no law, has been but too often the plea of ambition for rect information as to the true state of facts. But, re- overturning established systems of free government, for moved from the source of true intelligence, it is easy for the purpose of preserving the morals and freedom and those who have an interest in imposing upon the people happiness of the people "from their own worst enemies, to mislead them to a concurrence in measures destructive themselves." to their welfare and happiness. But there is a sense of justice and generosity in the public not often to be found fathers, declared that religion and the freedom of the The system of government established by our forein men who hold the reins of government. When the press were rights too sacred to be legislated upon. The people, by candid statements of facts, and by temperate Federal constitution declares that "Congress shall make arguments, find their opinions are erroneous, they readily no law respecting an establishment of religion, or prohibrenounce them, and turn their resentments against their iting the exercise thereof, or abridging the freedom of deceivers. The tax-payers have no interest in being de-speech or of the press." The freedom of the press is exceived, or in deceiving the public-the tax-receivers have. cepted specially from the powers of legislation; and yet But the President has complained of the Senate for hav- President Jackson has, by necessity, found a power in the ing censured him without a hearing. Of that I shall speak President of the United States for punishing the presi hereafter. But when he desired to censure the president dent, directors, and stockholders, for using the press in and directors, and to punish the bank by a removal of the defending themselves and their interests against their asdeposites, then no hearing, no trial, no avowal of charges sailants. When, and by what authority, was the Presior accusations was necessary. The example, set by God dent invested with the powers of a censor, to preserve the himself, in calling Adam to answer before he was con- morals of the people and the liberty of the press from demned, has taught a lesson to mortals; it has been adopt- licentiousness? When was he invested with a supreme ed as fit to be observed by all just human tribunals. This is, however, no rule of conduct when the President is to act: but if he is to be acted upon, then this and other good old principles of 1776, are all remembered and held up to shield and protect him. If the President is to act, then his own responsibility, his own conscience and judgment are to determine the true rule of his conduct and his duty But, when Mr. Duane was called to act, then his oath, his That the President should thus proclaim that he had conscience, his judgment, his responsibility to Congress, taken under his censorship "the morals of the people, were not to determine his course, but he was to follow the the freedom of the press, and the purity of the elective President's conscience and mode of thinking. When franchise," gives just cause of alarm. For that, in the President Jackson argues for an unqualified power in himself, then the "concurrent authority of President Wash-eye of power, is purity which upholds and lauds his doings, and that is licentious abuse which exposes his errors ington, of the Senate and House of Representatives, num-and misdeeds; examples of which have come but too near bers of whom had taken an active part in the convention| to us. which framed the Federal constitution, and in the State 2dly. The claim to control the public Treasury, set up conventions which adopted it," are arguments irresistible by the President and carried into practical operation, is to his mind. But, when the bank is in question, then thus argued: The whole Executive power is vested in the neither the concurrent authority of President Washing- President by the constitution: the Treasury is an executive ton, of the Senate and House of Representatives of 1791, department: the power of the Secretary of the Treasury nor of the makers, nor of the ratifiers of the Federal con-over the deposites is unqualified: the President has an stitution, nor the example of President Madison, nor the unqualified power of removing all the officers except the opinions of the Senate and House of Representatives of judges; and thus he has the control of the whole Execu1816, nor of the Supreme Court, are of any avail,mere tive power of the Government. This leads me to the precedent is a dangerous source of authority." Now general head under which I proposed to consider the Exthese opposite opinions, promulgated according to times and circumstances, remind me of certain lines in Hudibras, applied by the author to those fanatics in religion and politics whose services Cromwell made available to overturn the Government of England and proclaim himself "Lord Protector." The inconsistencies of the leaders are thus ridiculed by Butler, in the following lines: "The self same thing will abhor, One way, and long, another, for; power to publish libels upon the character of respectable citizens, and to extinguish their rights of self-defence? The liberty of the press is the great sentinel of the State, the grand detector of governmental imposition and usurpation; and when it dies, the spirit of free government and the liberties of the people are strangled and buried in one common grave. ecutive proceedings in relation to the public revenue; the manner in which they have been made to bear upon the officers of the Treasury and the public revenue. The President took to himself an unqualified power of removing the public deposites, and when Mr. Duane delivered his opinions and reasons, and refused to comply with the measure, he was dismissed. I concede to the President the power to remove all officers appointed by him, whose tenure of office is not required by the constitution to be during good behaviour. |