SENATE.] President's Protest. [APRIL 25, 1834. elected who are to be pledged or averred to be pledged for the resolve of the Senate, I did not mean to impute in advance, to support all measures of the President, what was not charged, either the light and knowledge or known and unknown, proposed or to be proposed, (like the corrupt motive. I can sincerely say, "Lord forgive those who swore to et ceteras,) whereby those who are him, he knew not what he did." Even towards the inthe natural checks upon the power of the Executive do terior invisible cabinet, who advised and brought about but swell the train of his retainers. Have we not seen, the measure, I am charitably disposed to think, they did in the elections to the Legislature of an adjoining State, not foresee the extent of the mischiefs necessarily to administration candidates backed by the patronage and flow from their counsels and machinations. The agent influence of the Federal administration? looking to the selected by the President to confer with State banks, election of a Senator of the United States to support the says in his correspondence, and the President repeats in administration, rather than to the great interests of the his manifesto, that the funds of the Government will not State and State legislation? Have we not seen many other be annihilated by being transferred. They will immediexamples in the States of like character? It will require ately be issued for the benefit of trade, and if the Bank of time to corrupt the great body of the people. But this the United States curtails its loans, the State banks, deadly poison to our institutions will, in process of time, strengthened by the public deposites, will extend theirs; be circulated through the whole system, unless the people what comes in through one bank will go out through apply the antidote. The people of Ohio have manifested others, and the equilibrium will be preserved. The Presa movement to oppose the system of the office-holders, ident verily believes the bank has not the power to proand to assert their just rights and proper weights in elec- duce the calamities its friends threaten. But now, alas! tions. It is devoutly to be wished that they will counter- when the calamities have visited the great interests of the act the movements of the self-created guardians of their people, we are told the bank has produced them. How suffrages, and that resistance to arrogant assumptions grievous to the community, that the President did not elsewhere will be successful. listen to the counsels of Mr. Duane, the Secretary of the The President has been made to say, that the resolu- Treasury, and such like "friends of the bank," rather tion of the Senate is a judicial proceeding, an impeach- than to the deceitful nostrums of mountebanks, and the ment; that he has been accused and found guilty, and whisperings of tinkers and pedlers in politics, dealing in convicted by less than two-thirds of the members present, court favor, and in slanders upon the Senate and House and without a hearing. I regret that the President of of Representatives. the United States, occupying such an elevated position, How unfortunate that the President, before he conshould have put his name to such a paper. The Senate demned the directors and inflicted the punishment on the have done no act which bears the form of a judicial pro- bank, was not reminded of the golden rule, "Hear the ceeding; no judgment of conviction, no award of punish- accused before you punish," now so eloquently pleaded ment, no disability, is declared or adjudged or ordered. in his behalf. The Senate have not passed their resolve The President has labored to prove that the resolution touching the conduct of the President, without hearing convicts him of an impeachable offence, because it does him. We proceeded upon his own statements, his own not expressly acquit him of impure motives. The res-acts, his own words, his own communications, and upon olution of the Senate does not charge any traitorous the arguments of his own attorney, "his instrument," as design, or corrupt motives. And if the President, who he calls him; and if he has been convicted of error, out best knows his own motives, chooses to connect with the of his own mouth is he convicted. We have proceeded transaction, impure motives, as impelling him to those upon undisputed facts, not collected from secret informacts, I reply, "Qui capit ille facit:" He who takes the im-ers, but proclaimed by himself, notorious to the millions putation, makes it. The resolution of the Senate has not suffering under the effects of his misguided policy. The made it. In treason, the traitorous design must be charged facts are matters of indelible history, the deduction and as well as the overt act. In high crimes, the corrupt mo- conclusions of the Senate from those facts are before the tive, the malice premeditated, must be charged: in mis- public; the censure and the praise will be bestowed demeanors in office, the mala fides must be alleged. An where it is due, by the intelligence of the public, now and accusation not founded on such allegations would be in-hereafter. sufficient. No judgment of conviction, based upon an ac- But the protest rebukes the Senate as having overcusation void of such averments, ought to be pronounced, leaped the boundaries assigned to them by the constituand no punishment would be inflicted in a judicial pro- tion. It is said they did not act in their judicial characceeding. Judges Chase and Peck were acquitted by ter, as a court of impeachment, nor by any executive the high court for the trial of impeachments, because the powers conferred on the Senate; that the resolution ascorrupt motive was not fixed upon the accused. Judge serts no legislative action, possesses neither the form nor Peck had, under color of his office, imprisoned a citizen, attributes of a legislative measure, but is a prejudgment and suspended him from his rights and privileges and of an impeachable offence and a disqualification of the business, as an attorney of the court. These high-handed, | Senators to try an impeachment if preferred by the House arbitrary acts of the judge were without authority of law. of Representatives for the same matters. That the SenYet he was voted not guilty of a crime or misdemeanor in ate, in passing the resolve, did not act as a court of office, because the wicked and corrupt motive was not impeachment, that it possesses neither "the form nor fixed upon him. I was not a member of the court of im- any of the attributes" of the process of a court of impeachment, because I was absent by sickness until part peachment, I readily grant; but that it asserts no legisof the evidence had been given. But I was informed lative power, or has no view to legislative result, I utby my honorable friend from Tennessee, [Mr. WHITE,] terly deny. Moreover, I utterly deny that the powers and by others, that they did not accord to the judge the of the Senate are circumscribed and limited to the crippowers and doctrines of contempt which he had assum- pled, impotent mode of action supposed in the protest. ed, but they voted him not guilty of the impeachment, If the whole body cannot express an opinion upon the because they were satisfied the judge really believed he conduct of the President, nor of other officers, because was exercising only lawful powers, although such opinion it is the trier of impeachments, then no individual memof the judge was a great mistake of the law. There the ber can express himself in debate in disapprobation of bad motive was not inferred from a most oppressive, ille- the conduct of the President, or any other officer. For gal assumption of undelegated power; it was required the objection that the body had disqualified itself as the that a sin against light and knowledge, or from bad mo- trier of an impeachment, by prejudging the conduct of tive, should be brought home to the accused. In voting an officer who might be impeached for that conduct, APRIL 25, 1834.] President's Protest. [SENATE. would equally apply to each individual member who might in the person for doing the act, were both within the in debate disapprove the conduct of an officer. Such a proper powers and deliberations of the Senate. The fact construction would convert the power of deciding im- was notorious, by the manifesto of the President, and the peachments, which is a power superadded to their other publication thereof by his authority, that the removal powers, enjoyed in common with the House of Represent-was ordered by him; that proclamation of the President is atives, into a curtailment and crippling of the powers acknowledged by his response to the Senate; the fact of expressly delegated to the Senate. When sitting as a removal by the President's command is confessed. The court of impeachment, a new and particular oath of office resolution of the Senate belonged to their legislative is prescribed by the constitution. No challenge of a Sen- power; it looked to legislative action; it looked to the ator is allowed because of opinions before expressed, restoration of the law to its proper vigor-to its unreany more than a challenge of a judge on the bench for pealed and existing authority; and if the executive and opinions before delivered. As a court of impeachment, administrative faculties of the Government had been in the Senate pass a judicial opinion, and if the accused is sound and healthy action, the deposites would have been convicted of an impeachable offence, a judicial sentence restored in consequence of the resolution of either House of punishment is pronounced. A legal and effective con- disapproving the removal. For the act of 1816 is not resequence follows the judgment. But the expression of pealed-it could not be repealed, but by the assent of both an opinion upon the conduct of an officer not impeached, branches of the Legislature. The refusal of either branch can have only a moral effect and consequence. This to repeal, would leave the enacted law in force. So the moral effect to restrain public officers within proper refusal of either House of Congress to approve the reasons bounds, properly belongs to the powers of the Senate. for suspending this law, left that law in force, and ought The House of Representatives are under no obligation to to have awakened the Secretary of the Treasury to the impeach for every departure from the line of duty. Ev-restoration and observance of the law. ery aberration from duty, every assumption of power, by The resolution of the Senate does assert the legislative an officer, does not necessarily amount to a high crime, or power of the Congress over the public Treasury, by dehigh misdemeanor in office. The Senate, as a part of the nying to the President the custody, control, and manageLegislative department, have a right to guard their own ment, as exercised and asserted in his late proceedings, powers of legislation from encroachment by the Execu-in relation to the public revenue. It cannot be admitted, tive, by interposing a moral effect and restraint; by exert- as the theory of the constitution, that the President of the ing their political powers, by declaring their sense of the United States can take into his custody and management boundaries of the Legislative, Executive, or Judicial de- the public money, devise a system of financial operapartments; although their judicial power is not called into tions and agencies, and hold on until, by a concurrent vote action. Such political action, short of their judicial pow-of the two Houses of the Legislature, a limitation upon er, is one of the checks and guards against disorders and his system and a dispossession of his agents shall be deaggression properly resulting from the structure of our vised, in a form which shall meet his approbation; or, if Government, and so intended. not, shall command the concurrence of two-thirds of both As the act of Congress giving a discretionary power to Houses to overrule his veto. The powers over the puborder the deposites not to be made in the Bank of the lic Treasury are expressly delegated to the Congress. United States required the reasons to be reported to Con- The Senate of the United States is one branch of that degress in case that discretionary power was exercised, the pository of power-one of the trustees and guardians of message of the President and the report of the Secretary the public purse. The constitution has distributed the assigning the reasons for the removal, necessarily called powers of the Government between three departmentsupon each House of Congress to approve or disapprove. Legislative, Executive, and Judicial; and has delegated to The general command of the law was, that the public each its appropriate powers by enumeration. If the moneys should be deposited in the Bank of the United Chief Magistrate endeavors to subvert this distribution, if States; but a special authority to suspend the execution of he overstrains his powers, and trenches upon the powers this general command, has been delegated by the Con-delegated to the Legislature, the Senate, as a component gress to the Secretary of the Treasury, the financial agent branch of that Legislature, have the right and are in of Congress. The message of the President and the re-duty bound to resist such encroachment, and to maintain port of the Secretary, informed us that the execution of their powers and authority. To be supine, to throw the the general command of this law had, in the recess of whole watch upon the House of Representatives, would Congress, been suspended. Whether the special author- be unworthy of the Senate, an abandonment of their trust, ity to suspend the execution of this law, delegated by a disregard of their oaths, and treachery to the constituCongress to another, had been pursued, or transcended, tion. When the distribution of the powers of the Govwas presented for the consideration of the Senate. Such ernment is assailed by the Chief Executive Magistratesuspension of the execution of law, made, not by the Le- when the public faith is brought into question-when the gislature, but by another power, necessarily involved three essential principles of free government are assaulted, considerations. First: the person to whom the special shall the Senate look on the conflict, connive by slothful authority to suspend had been committed. Secondly: indifference, and be silent as if turned to stone? Whether that special authority had been exercised by the When Great Britain overleaped the boundaries of the person or officer to whom it was delegated, or by some constitution, when the King stretched and abused his other, to whom it had not been intrusted. Thirdly: The powers and prerogative, to the detriment of the rights of existence or non-existence of the reasons for suspending the colonies, our forefathers did not remain silent and inthe execution of the law contemplated by the Legislature active in their colonial assemblies. They declared their in the delegation of the authority. rights by resolutions; and the spirit and courage of the The delegation of the authority was confided especially people maintained those rights. to the Secretary of the Treasury. If the suspension of The liberty now enjoyed in England has been prethe law by the removal of the deposites, had been effect-served by the House of Commons in resisting the ened by the Attorney General, that suspension of the com-croachments of the powers and prerogatives of the monmand of the law would have been palpably contrary to arch by spirited resolves, and by refusing to vote the monthe authority delegated by the Legislature; and it would eys to support government, until power was in the hands have been within the power of the Senate, and its duty, of persons acceptable to the people, or while factions to disapprove the removal for that cause. The insuffi- predominated in the court. Out of the many examples ciency of the reasons, and the want of competent power which parliamentary history furnishes, I shall content myVOL. X.-96 SENATE.] President's Protest. [APRIL 25, 1834. self with reference to two: In 1604 the Commons voted Washington, nominating a collector of Charleston. The that they were free to guard against the encroachments Senate rejected the person first nominated; the President of arbitrary power-free to preserve the liberties and nominated another, (not a re-nomination of the person reproperty of the subject. In 1621 the Commons resolved, jected,) and gave his reasons for the former nomination, "that redress of mischiefs and grievances which daily with kind suggestions, that he supposed the Senate rehappen in this land, are proper subjects and matter of fused their assent for the want of information of the per. counsel and debate in Parliament; and that in the hand-son and his character; and it might conduce to mutual ling and proceeding of those businesses, every member of convenience, and the ends of justice, if the Senate would the House hath of right, and ought to have, freedom of in future ask the President for information where the perspeech, to propound, treat, reason, and bring to conclu- sons nominated were unknown to them. This suggestion sion the same; and that the Commons in Parliament have has been followed ever since. President Washington did like liberty and freedom to treat of those matters in such not rebuke the Senate; he did not persist in his first nomorder as in their judgment shall seem fittest," &c. This ination; he acquiesced in the authority and decision of the resolve was highly offensive to the King, and he sent his Senate, manifesting his respect for that decision by nomiletter missive to the Commons. All such like resolutions nating promptly a different person for the office. It is to condemning the acts of the ministry, and censuring the be regretted that this example of President Washington encroachments of executive power, were taken in ill part has not been imitated by President Jackson. by the King, but the Commons and the people ultimately The example of the House of Representatives of Pennprevailed. sylvania has been cited in receiving a communication from Governor McKean. Articles of impeachment against the Governor had been reported by a committee. The House refused to concur with the committee, and rejected the articles of impeachment. The response of the Governor to the articles reported against him was received by the To receive and record the protest of the President House. This act of that body in receiving the message of would be to countenance, in a degree, the dangerous doc- the Governor, in accordance with their own decision, has trines it is intended to inculcate. It would be establishing been cited to induce the Senate to record a message rea precedent in favor of the Executive interference with buking them for their decision, and persisting in the conthe freedom of the proceedings of the two Houses of Con- duct and assertion of powers complained of in the resolugress. tion. The two Houses of the Congress, and the members individually and collectively of each House, are sentinels placed by the constitution in the watchtowers of liberty, to sound the alarm when the ramparts are assaulted, and to summon the people to the defence. This message falls within no description of powers In furtherance of the Presidential rebuke and threatgiven by the constitution or the laws to the President, for ening of the Senate with the chastisement of the people, his intercourse with the Congress. It communicates no the case of Mr. Wilkes's expulsion by the House of Comnomination to office, no treaty, no measure for legislative mons of England, and his support by the people, have action, no information touching the state of the Union, re-been alluded to. In this I do see some analogy between commends no measure judged necessary or expedient for that which has happened in England, and what has hapCongress to legislate for the general welfare, but it is in pened, and may happen, in the United States. 1 will name, face, and character, a protest against a proceeding state the case. Mr. Wilkes was a member of Parliament, of the Senate, and a Presidential rebuke of the body. and in opposition to the administration. The ministry can neither consent to enlarge the prerogative of the prosecuted and convicted him in the King's bench, for President, nor to give the message a place on the Jour-printing and publishing what they called, and they adnals, to be quoted in after times, either as a precedent for judged, a seditious libel, and three obscene libels, and interference with the deliberations of either of the two outlawed him. The ministry, no doubt, did this "as neHouses of Congress, or by his successors in favor of the cessary to preserve the morals of the people" and "the all-absorbing powers of the Executive. freedom of the press." On the eve of a general election Precedents are seized with avidity to support Execu- for the next Parliament, Mr. Wilkes appeared in public, tive power, but weigh nothing when opposed to arbitrary the outlawry notwithstanding, and was elected a member will. Junius has given an impressive warning never to of Parliament by the votes of the county of Middlesex. suffer an invasion of the constitution, however minute That Parliament, by the ministerial majority, expelled the instance may appear, to pass by without a determined, him for the seditious libel and the three obscene libels persevering resistance. One precedent creates another. for which the King's bench had convicted him, and also They soon accumulate, and constitute law. What yester- for having written a preface to a letter which had been day was fact, to-day is doctrine. Examples are supposed printed in the public papers, which they also called "an to justify the most dangerous measures, and where they insolent, scandalous, and seditious libel"-and thereupon do not suit exactly, the defect is supplied by analogy." a writ of election issued. No doubt the ministerial party The disposition to justify the workings of arbitrary power did all this "as necessary to preserve the morals of the by precedents and forced analogies, is exemplified in the people, the freedom of the press, and the purity of the quotations resorted to by the President, and the support-elective franchise!" The voters of Middlesex, however, ers of his measures. The example of a former Secretary unanimously re-elected Mr. Wilkes. The ministerial of the Treasury, (Mr. Crawford,) in relation to the de-party voted that the former expulsion rendered him incaposites of the public moneys, has been referred to as jus-pable of being elected a member of that Parliament, and tifying the removal of the deposites in the case under con- another writ of election issued. sideration. But even in this instance, the authority con- The voters of Middlesex again unanimously re elected ferred on Mr. Crawford by a joint resolution of both Mr. Wilkes. The ministerial majority again declared the Houses, for the purpose of inducing the State banks to election void, and issued another writ of election. The resume payments in specie, is overlooked. The actings voters of Middlesex again unanimously re-elected Mr. of the former Secretary, in cases which did not depend Wilkes. The ministerial party again declared the elecupon his sole will, but requiring the concurrent acts and volition of the banks, are by forced analogy made to justify the act of the Secretary in a case depending upon his sole will. An act done in pursuance of authority, is cited to justify an act done by breach of law. tion void, and ordered another election. Notwithstanding the various resolutions of the House, Mr. Wilkes was elected the fourth time to the same Parliament, by a very large majority. The King's party again declared the election of Mr. Wilkes void; but Mr. Lutterell, the minAnother example cited, is the message of President | isterial candidate, in this last election, had received some APRIL 25, 1834.] President's Protest. [SENATE. votes; whereupon, the poll-book was ordered to be but destroyed their independence and the principles of brought. All the votes given to Mr. Wilkes were, for free government, by subjecting them to his nomination. that cause, declared null and void. As Mr. Lutterell was He pretended solemnly to restore the senate and the the next highest on the poll, they ordered the return to people to their rights: he professed to lay down all his be amended, by striking out the name of Mr. Wilkes power and authority, to mingle with his fellow-citizens in and inserting the name of Mr. Lutterell; and so the min- the crowd, and "to share with them the blessings which isterial party took Mr. Lutterell to their bosom. Now, he had obtained for his country." Yet, by artifice, be all this was done, no doubt, by the ministry, "as neces got it all confirmed to him by the people and the senate. sary to preserve the morals of the people, the freedom of He got into his own hands all the jurisdiction of the seythe press, and the purity of the elective franchise!" But eral officers of State, and a despotic monarchy was estabthe people of England would not believe that Mr. Wilkes lished in him by law. He would consent to receive the was so pursued and punished by the court party, for the sovereign power for ten years only, but, at the expiration indecency of his publication, or his dissolute conduct; be- of that term, accepted it for ten more, and in this manner cause they beheld persons loaded with court favor, coun- retained it all his life. His successors had the empire settenance, and patronage, who were not only generally tled on them without limitation. Power assumed, does scandalous in their lives, but guilty of similar and more not willingly relax its grasp, and is transmitted to successcandalous libels and seditions than those for which Mr. sors by a surer title. Bonaparte expelled by force of Wilkes was punished. The point to be gained by the arms the Council of Five Hundred. He said, "France court party was, to establish a precedent tending to make wants me more than I want France." Many other examknown that the favor of the people was not so sure a ples might be cited from history, in which the people, by road as the favor of a court, to honors and trusts." Thus fair pretences, have been cheated, flattered, and soothed we see, that, as the hatred of the court party pursued into a confidence and death-like slumber, fatal to their Mr. Wilkes, the countenance of the people protected and rights and liberties. supported him. A spirited resistance to the appearance In conclusion, Mr. President, it has appeared to me, of lawless power, and an independent contempt for the that the question of the removal and restoration of the abuses and intrigues of the court, carried the voters of deposites is not a question of the bank or no bank. I am Middlesex to a degree of enthusiasm in support of Mr. no advocate of the bank, nor of the banking system. But Wilkes, enlisted the talents of Junius and others, and the it involves a question of good faith, truth, and justice. sympathies of the people. So it happened in England. To excuse the transaction, the most alarming and arbitrary In the United States, it has happened that the President doctrines have been practised upon and openly avowed. has assumed upon himself the responsibility of removing The honest opinions of the people against the constituthe deposites of the public money's from the places ap- tional power of Congress to establish the bank, and honpointed by law, and of taking the custody and manage-est antipathies against the policy of such an institution, ment of them under his own control, "as necessary to have been seized upon to blind them to the exercise of preserve the morals of the people, the freedom of the executive powers in like manner unconstitutional and press, and the purity of the elective franchise." We have much more dangerous. seen some men, not remarkable for purity of morals, To flatter and deceive the people into the support of nor for abstaining from bringing "the patronage of the bad faith, and injustice, and falsehood in the Government, Federal Government into conflict with the freedom of is to their ruin. In the virtues of good faith, truth, and elections," nor for the decency of their publications and justice, the whole safety of the people consists. Without presses, loaded with the patronage, favor, and counte- these, the constitution would be but wax in the hands of nance of the President and his party. We have seen his the rulers; the representatives would be but tools for protest, and his philipic against the Senate, for opposi- knaves to work with; the ligament of the representative tion to his views of his constitutional powers and duties; to the constituent would be dissolved; the people would he has threatened us with the dangers of a new modelling be subjected to the will of one man, and the sovereign of this body; and he has appealed to the people of Amer-reason of the world and the imprescriptible rights of man ica. How the people of the States will decide upon be melted and moulded by the passions, caprices, and these matters, we are yet to learn. I cannot suspect that artifices of a few cunning, weak, and giddy favorites of a they will so act as to induce their representatives to be- court. lieve that the favor of the people is not so sure a road If the abuses and assumptions of authority are not to to honors and trusts as the favor of a court." The elec- be subjects of free inquiry and resolves in both Houses tions to the Senate are established upon solid foundations; of Congress, because they may touch the Chief Magisupon the sovereign reason of the people, deliberating in trate; if the power and the will of Congress to control their respective State Legislatures. the administration of the finances, to regulate the conduct Now, I will take occasion to refer to a few examples, of public officers, and to check the encroachments of Ex(of which many more are recorded in history,) to warn us ecutive power, is lost; if the right of the Chief Executive against the insidious approaches of selfish ambition, and Magistrate to interpret the laws for all subordinate officers the march of usurpers to arbitrary power. Marius and throughout the whole executive management, and to reSylla made fair promises at first, but seized the despotic quire and enforce obedience, be conceded, then the espowers of Government afterwards. Julius Cæsar degra-sential principles of free government are lost, every valded the dignity and authority of the Senate, to pave the uable part of the Government is lost, the Congress is sunk way to sovereign power. He introduced into the Senate into comparative insignificance, and the constitution not his retainers, soldiers, and followers. He harangued the worth preserving. If the claims of power in the protest Senate, said he had never affected extraordinary honors, be admitted and sanctioned, we will have a despotic Govor illegal powers; talked of peace, equity, and justice, ernment, under the forms of a Commonwealth. Believ and immediately after broke into the public treasury and ing that such doctrines as are set forth in the protest, in 'carried off the money to procure the men. precept and example, are at war with the constitution and tend to uproot the foundation of all free government, I conjure the Senate to reject such arbitrary principles, and to stand forth in support of the constitution, and in defence of the liberties of the country. The Senate then adjourned to Monday. Otho appealed from the Roman senate to the prætorian band-by them, and the populace whom he had courted and corrupted, he was proclaimed prince, triumphed for a while over the institutions of his country, but died by his own sword. Octavius, surnamed Augustus, remoddled the senate, SENATE.] Proceedings in Virginia.—Utica (N. Y.) Memorial. MONDAY, APRIL 28. LER and BENJANIN WATKINS LEIGH. [APRIL 28, 1834. pains of presenting to Congress a memorial so numerously signed, from any improper motive, or for any groundless cause. The evils which they state, they feel; and Mr. TYLER presented the preamble and resolutions of the young men of Richmond and Manchester, in the State they state them, in order that Congress may be prevailed of Virginia, disapproving of the measures of the Execu- it is not clamor, it is not faction, that brings the farmers, upon to afford the proper redress. It is not party spirit, tive in relation to the transfer of the public moneys from the manufacturers, and the merchants, of the county of the Bank of the United States, and highly approving of Oneida before the Senate. On the contrary, they are the course taken by the Senators of Virginia-Joux Tr- brought hither by a deep sense of injury, grievous for Mr. T. observed, that the resolutions spoke for them-the present, and threatening to be more grievous, to their pursuits, their employments, and their property; and by selves, and in precise terms. They manifested an acquaintance with the subject on which they treated, equal their own voices to the voices of others, in calling on an impulse of patriotism, which induces them to join to that possessed by any who had heretofore addressed the Congress to maintain the authority of the laws over the Senate. He would simply remark, that these young men were as deeply interested in the prosperity and vital inter- the largest in the State, except the county of the city of public treasures. The county of Oneida is, I believe, ests of the country, as any other portion of its population. New York. It is in the very heart of the State. It is We, sir, said Mr. T., are going out-they are coming in to fill the places we now occupy. Without making any largely interested in manufactures, both of woollen and further remarks, Mr. T. said he would move for the cotton, which were in active operation, until the Execreading and printing of the resolutions, and their refer- utive began its experiment; and, as the experiment has gone on, one of these establishments after another has stopped. ence to the Committee on Finance. They were read, referred, and ordered to be printed accordingly. Mr. LEIGH presented a memorial on the same subject, from sundry citizens of Gloucester county, in the State of Virginia. He should not, he said, accompany the presentation of the memorial with any remarks, but would content himself with moving that it be read, printed, and referred in the usual manner. All which was agreed to. UTICA (N. Y.) MEMORIAL. For the close union of agricultural richness and beauty with manufacturing industry, I have never seen any thing equal to the vale of the Sauquoit. Under the eye for many miles, in its meanderings, its banks green to the pound weight of its water but what has its use, on every water's edge by handsome cultivation, and scarcely a fall and ripple, in some manufacturing purpose, it presents a most beautiful view of fine scenery, rich and natu ral products, and varied human employments. I believe, sir, that the merchants of Utica, many of whose names Mr. WEBSTER said, that another voice, and that not are attached to this memorial, are distinguished for intela faint or feeble one, had reached the Senate from the in-ligence, liberality, enterprise, and public spirit. They terior of the State of New York. More than six thou- desire nothing from Government but good laws, well adsand of the freemen of the city of Utica, and the county ministered, and they think they have a right to expect of Oneida, have put their names to a memorial, which that their interests shall not be sacrificed, or their customthey have done me the honor to request me to present. ary pursuits broken up, for the mere purpose of introAt a season of the year when the roads in that rich soil ducing wild theories and rash speculations into public are deep and almost impassable, and when the business measures. of the opening year naturally engrosses the attention of Sir, this memorial is transmitted to me by gentlemen farmers, so great a number as six thousand citizens have well known to me. I know them to be incapable of misyet come forward to make known to Congress their sen- representation, and I know them to be good judges of the timents and their sufferings. Their memorial is short; sentiments of their county. They express an earnest for they think but few words necessary, either to set hope that Congress may yet do something for the relief forth the condition of their part of the country, or to of the country, before it adjourns. But should it not, point out the causes which have produced that condition. should it remain deaf to the demands of the people, they They say that the people are distressed and alarmed; the speak with undoubting confidence of the effectual opercurrency of the country deranged; the local banks com- ation of that great and sovereign remedy, which the pelled to withhold their usual loans; public and commer-people still hold in their hands, and which, in season, they cial confidence not only shaken, but almost destroyed; will well know how to apply. They believe, sir, fully, commerce languishing, and merchants failing; many man- that that great State, which has so much power, so much ufactories ceasing their operations, and those who have intelligence, and so great a stake in all the leading interbeen employed in them deprived of the means of sub-ests of the country, will not be, cannot be, long found sistence; agricultural products much reduced in price, out of her place in the Union. They say they do not and finding any sale with difficulty; and mechanics de- despair of the republic. They need not despair. As prived of employment. This, sir, is their statement of General Lafayette said of France, at the time of the three the facts. days' revolution, "a salutary excitement pervades the country." As to the cause, they see but one, the removal of the deposites, and the control over the public treasures as sumed by the Executive. The people feel that their interests have been needlessly sacrificed; but, what is more, they see danger apMr. President, are these and similar statements true, or proach the constitution and the laws. They forget the are they not? Does this distress exist in the country, or actual loss of property, in the anticipated loss of liberty. does it not? Thousands allege that it does exist, and if it Of all other inheritances, their dearest and choicest is the do not, why do not others come forth to deny it? And if constitution and the laws; and this inheritance they mean it do exist, how long is it expected the people will be to defend. I wish, sir, I could say to the people of Onewilling to bear it? da county, that there was more hope than I think there Sir, I have the pleasure of knowing some of the inhab-is, of any measure of relief, at this session of Congress. itants of Oneida county, and especially of the city of Uti-They see, as well as I do, what that is, which continues ca; and I bear my testimony most cheerfully and cordially to obstruct all proper measures of relief. They see the to their general intelligence and respectability. I believe difference of opinion between the two Houses, and they the character of the people of the whole county to be know that the concurrent action of both Houses is necesinferior to that of none other. They have not taken the sary for any effectual measure. The Senate has pro |