scribed; and, in failure to do so, they will be guilty of misconduct in the discharge of their public duties.

[SENATE.

the estimation of all men, he would be a traitor and an enemy to his country. In case of homicide, the unlawful killing being proved, the law presumes the evil intent from the unlawful act. This Senate has found the Chief Magistrate guilty of an unlawful act, which, if done with an evil intent, makes him a high culprit. The law, according to the principle I have laid down, accompanies the act with the criminal intent, unless he shall show the absence of any evil design on his part.

[Here Mr. LEIGH asked Mr. GRUNDY to yield the floor to him; and remarked, that he wholly disagreed to the positions laid down by him.]

Upon the resolution respecting the insufficiency of the reasons of the Secretary of the Treasury, which was reported upon favorably by the Committee on Finance, all and every act of legislation can be founded which may be deemed necessary in relation to the safe keeping and preservation of the public money. But I should be glad to hear what provision, in the form of law, can be based upon the resolution now under consideration. If gentlemen shall say, they mean to legislate so as to prohibit removals from office without the consent of the Senate, in order to prevent a recurrence of such circumstances as Mr. GRUNDY replied: This shows how fallible we are. have lately taken place, my answer is, that the constitu- We can't agree-such is the nature of our positions upon tion gives the power of removal in the unqualified man- the plainest and best established principles. The princiner in which it has been exercised, and Congress cannot ple I have laid down can be found even in Blackstone's take it away by law. Further, if the Senator from Ken- Commentaries; can be found in every elementary treatise tucky [Mr. CLAY] originally intended to proceed in this on criminal law. So familiar is it to my mind, that I can way, he abandoned that intention by the introduction of state it almost verbatim from memory, as found in East's another resolution now pending before the Senate, in Crown Law. The principle is, the implication of malice which it is declared expressly that this power of removal arises in every instance of homicide, amounting, in point is not given to the Executive by the constitution. of law, to murder; and in every charge of murder, the fact of killing being first proved, all the circumstances of accident, necessity, or infirmity, are to be satisfactorily proved by the prisoner, unless they arise out of the evi dence produced against him.

am unwilling that it shall be believed that I misstate them here. My constituents and my colleagues of the other House, whom I see before me, would not have charity enough to believe that I had done it ignorantly. The presumption with them would be, that it had been done knowingly and with an evil intent.

[Mr. CLAY here asked Mr. GRUNDY, if an indictment for treason would be good without charging that the overt act had been done traitorously.]

I therefore conclude, that no legislative act was intended or could grow out of the resolution which has given rise to the protest of the President now under consideration. The language of the resolution is, "That the President, in the late Executive proceedings in relation I think I can say without vanity, that however defecto the public revenue, has assumed upon himself author- tive in knowledge I may be on other subjects, I have some ity and power not conferred by the constitution and laws, acquaintance with the principles of criminal law, and I but in derogation of both." Upon its face, and by its language, it is wholly retrospective, and does not indicate a design to legislate with a view to prevent repetitions of such infractions of the constitution and laws as are charged in it. As I understand it, and as I believe the people will understand it, it is wholly accusatory and condemnatory. As further evidence of this, it has been adopted for several weeks, and no proposition to proceed further upon the subject of its contents has been made by any Senator. It is a judgment against the President, pronounced by a Mr. GRUNDY replied, Certainly not. Nor is the indictmajority of this body, condemning him of high crimes and ment which we have found against the Chief Magistrate, misdemeanors-a judgment inoperative, so far as to de- good and sufficient in law. It is defective in form, and prive him of office or disqualify him from holding places wants a portion of the substance, but we have found all of trust under the constitution, because the accusation the facts necessary to a conviction, and we have prowas not preferred by the House of Representatives, the nounced the law upon them. We have said by our resoonly accusers known to the constitution; because not pro-lutions that the Chief Magistrate has done particular acts, nounced by this tribunal upon a case regularly presented and we have declared also, that the acts thus done were to its consideration and decision; and because not pro- unconstitutional and unlawful. His case is adjudged. It nounced by two-thirds of this body. But for every pur- is decided, if the position assumed by me in reference to pose touching character and public standing, so far as the voice of twenty-six Senators can go, he stands condemned! Gentlemen say, that although the Senate has pronounced the conduct of the Executive unconstitutional and illegal, it has not imputed to him a criminal intent. This is true; but surely I need not argue or produce authority to prove to this tribunal, composed chiefly of learned lawyers, the principle which exists in the criminal jurisprudence of this and every other enlightened country, that where an unlawful act is committed, which, if done with a criminal intent, would be punishable, the law Already have we done that which will relieve us from presumes or supplies the criminal intent; and it lies upon all serious difficulty and trouble. Should he deny the the party accused to show that it was committed under existence of the facts referred to by the resolution, the circumstances which do away or destroy that legal pre- Senate has solemnly declared that the facts do exist; they sumption. I will illustrate this. Suppose, on a day of were found before the trial commenced, before the acbattle, an American citizen shall be found in the ranks of cusation was preferred, and found by the ultimate triers the enemy; the law considers him a traitor; and upon of the facts, and their finding is on record. Hitherto, it proof of that fact, and that alone, he would be convicted has been understood that the law and the facts were open and executed; because the presumption of the law, arising to a full and impartial investigation upon the final trial from the fact of his being in the ranks of the enemy, of a party accused. In this case, should the President would be, that he was there traitorously-still, he might be brought forward, and put upon his trial, and attempt prove that he had been taken captive; that he had been to show that all the powers exercised by him were conplaced in that situation by superior force. This would ferred by the constitution and laws, there stands the be a good defence. He would be acquitted: but until judgment of the Senate on record, declaring they are not he shall make out his case, in the eye of the law and in given; the law of the case is settled, as well as the facts.

the criminal intent be correct. Now, what remains to be done? Only that the House of Representatives present their indictment or articles of impeachment drawn out in the usual form, stating that Andrew Jackson, President of the United States, not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil, did do and perform certain acts, (specifying them,) upon which this resolution is based, with an evil and wicked intent and purpose, &c. Then he stands before us for trial.

SENATE.]

President's Protest.

[APRIL 29, 1834.

All this is done without notice, without defence, or op- of an infraction of the constitution and laws, can the other portunity of making defence; and done too, by the high-be charged with intrusion, or improper interference, when est judicial tribunal known to our Government. In other he shall say to him, "You have pronounced me guilty of tribunals, the trial precedes the judgment. Before this, the commission of error, or dereliction of duty; but our the sentence of condemnation is passed, and then comes constituents and superiors have declared that I have done the trial-a trial pro forma merely, to comply with the my duty, and you have committed an error; and in supletter of the constitution. But suppose the evil intent is port, and as evidence that I am not mistaken, the Legisnot to be legally inferred from the act, and that the ac- lature of New Jersey, the generally acknowledged organ cusers must bring proof to establish it. This kind of in- of the public will, have, upon their records, declared that vestigation depends on no known and fixed principles or I have not violated the constitution or laws?" Further, rules. Each individual most frequently decides according can it be wrong for the President to show to his contemto his predisposition to think favorably or unfavorably of poraries, and to posterity, that although certain Senators the party accused. Those who have habitually denounced did pronounce him guilty of misconduct, yet the Legisthe Chief Magistrate as a tyrant, despot, usurper, and that lature of the very States represented by those Senators he is endeavoring to concentrate all power in himself, approved of his conduct, and the vote of condemnation will feel inclined to think badly of his motives, whenever given against him by those Senators was an act of disobethey are called on to judge of them. On the other hand, dience to legislative instructions? those who believe the Chief Magistrate to be a patriot, a These same gentlemen have often done the very acts friend to liberty and the constitution, will not readily ac- which they complain the President has done. How often quiesce in the opinion that he has been guilty of inten- has each of them in our hearing declared that the memtional error. So that, in fact, the mind of every Senator bers of the Legislatures have pronounced an erroneous is made up, as to what his judgment would be, were the judgment, and have taken an appeal from the decision of President now before us, on his final trial for the acts their Legislatures to the people themselves. This is complained of. According to my humble judgment, al- right when they do it, but if the President of the United though the constitution designed that this body should States does not submit quietly under their judgment and be the ultimate judge between the state and its high of- denunciations, he is interfering improperly between them ficers, on account of its wisdom, independence, integrity, and their constituents. I think it will be difficult for genand impartiality, it has, by prejudging the acts of the tlemen to succeed in satisfying the people that they can Chief Magistrate in this case, unfitted and disqualified it-interfere between members of the State Legislatures and self from the discharge of its functions in the manner con- their constituents; can censure and condemn the Chief templated by the framers of the constitution; and the con- Magistrate, unimpeached by his constitutional accusers; clusion I draw from all this is, that the Senate of the Uni-and that the party thus treated has no right to speak and ted States "has assumed upon itself authority and power be heard in his own vindication and defence. Sir, there not conferred by the constitution and laws, but in deroga- is a strong sense of justice in the people of the United States, which forbids me to believe that they will sanc

tion of both."

protest and its explanation.

When

I will now proceed to say something upon what has tion such sentiments or such proceedings. been urged by others, who oppose the reception of this Gentlemen opposed to the protest and explanation, change their position so frequently that it is impossible Some of the remarks made by the Senator from New to say on what proposition we are finally to vote. Jersey, [Mr. SOUTHARD,] I will neither repeat nor reply it was first presented, the Senator from Mississippi [Mr. to. I can do neither, without the use of language which POINDEXTER] moved its rejection. After a discussion of I do not indulge in elsewhere, much less will I do so in some days the Senator from Kentucky [Mr. CLAY] moved this honorable body; but upon this occasion, as upon all an amendment proposing a quasi reception of it, by which others touching the veracity of individuals, whenever it it was to be received, read, and sentence passed upon its may become my duty to decide, I claim the right, not contents, but it was to be refused a place upon our Jouronly for myself, but for every American citizen, of manals. The other Senator from Kentucky [Mr. BIBB] now king the decision according to the convictions of my own moves an amendment, by which the original proposition mind, paying a due regard to the opportunities which is to be restored, and these papers to be rejected. I coneach of the parties may possess of knowing the facts of sider the proposition of the Senator from Kentucky [Mr. which they respectively speak. The same honorable CLAY] as the most exceptionable course that can be sugSenator has charged the Chief Magistrate with an imper-gested. If this protest be unfit to have a place upon our tinent intrusion or interference between him and his con-Journals, it is unfit to be considered and have the judgstituents, in presenting in his protest the vote of the ment of the Senate upon the merits of its contents; beLegislature of New Jersey approving the acts of the Pres-sides, there would be an unfairness in this mode of proident, and instructing her Senators to sustain him in the ceeding. The judgment of the Senate is to form a part of very measures for which the Senators of that State have, the record of our proceedings; we exhibit to the world by their votes, condemned him. I say nothing of the the judgment passed by the Senate against the doctrines harshness of the language employed by that honorable contained in the protest, but we conceal from it the subSenator. The term indelicate would have conveyed his ject-matter itself, upon which that judgment is rendered. meaning sufficiently strong; but I have something to say Those who read our Journal have no opportunity afforded in regard to the right of the President to speak upon this them of judging for themselves, whether the decision we subject. The Chief Magistrate stands in a very different have rendered be just or unjust. The object of the conrelation to the people of New Jersey, to what I and other stitution, in providing that a Journal of the proceedings of Senators from different States stand. My first duties are each House of Congress should be kept, was to enable to the people of Tennessee-by them alone have I been our constituents to revise and rejudge our judgments. elected. To their interest my attention is particularly The Journal of this body is distributed throughout the directed, and to them I am accountable. But the Chief United States, not only for the purpose of general informMagistrate is the officer of New Jersey as well as of Vir-ation as to the course of the Government, but for the ginia, Tennessee, and the other States. The people of purpose of enabling our constituents, respectively, to see New Jersey are his constituents, as well as the constitu- and know how each member has acted. By the course ents of the honorable Senator. They are both the pub-proposed to exclude this paper from the Journals, and at lic agents or servants of the people of New Jersey; and the same time giving a judgment upon its contents, we when one of these agents shall pronounce the other guilty deprive our constituents of an opportunity of deciding

APRIL 29, 1834.]

President's Protest.

[SENATE.

upon the propriety of our own conduct. I shall vote protest sufficiently plain and intelligible; it is, however, against the resolution proposed by the Senator from Ken- subject to misconstruction. The explanatory message tucky [Mr. CLAY] which condemns the contents of the puts the opinions of the President beyond all cavil. In protest. When my constituents, or any of them, shall it, he states, distinctly and explicitly, what claim the Exsee this vote upon the Journals, how can they determine ecutive has, in reference to the public money, and shows whether I have voted right or wrong, unless they also see it not inconsistent with the uncontrolled power of Conand read that paper, upon the contents of which I have gress over the whole public treasure. And all we ask voted? So, on the other hand, a Senator gives a vote is, that these opinions may be placed before the people of condemnatory of the protest, how can his constituents the United States, that they may judge of their sounddetermine whether he has acted correctly? Should the ness. Gentlemen have insisted that we have no preceproposition last named prevail, our judgment against the dent to justify a message of this character to the Senate. opinions and doctrines contained in the protest is sent They are mistaken. When the Senate of the United abroad through the country and is transmitted down to States rejected a nominee to office, President Washington posterity upon our records; but the protest itself is put sent them a message, in which he set forth the just claims away among the rubbish in the Secretary's office; it is of the nominee to public consideration, and his qualificagiven to the moles and the bats, and will never, so far as tions to fill the office to which he had been nominated; depends on us, be exhibited to the present or future and he did chide the Senate, and suggest to them, that, generations. Will not this body expose itself to the sus-had they asked of him information, they would have repicion, at least, that they were afraid that the American ceived such an account of the individual as would have people should have a full and fair opportunity of deciding produced a different decision. He also suggested to them upon the merits of this controversy? If gentlemen are the propriety of making inquiries of him, in all future willing to meet this question fully and fairly, surely the cases, where they were not themselves sufficiently acway to do it is to receive the protest, enter it upon the quainted with the individual nominated. This message Journal, and answer it in solemn form. was received, entered upon the Journals of the Senate, I should be willing to see a committee selected, com- and had such an effect upon the proceedings of this body, posed of the best talents to be found on the other side, as that, from that day to the present, the course suggestfor the purpose of preparing a response to it. These ed by him has been pursued. In that case, the inconsidgentlemen, when they went to work and put down their erate and erroneous conduct of the Senate was distinctly reasons in opposition to the principles advanced by the pointed out, but the Senate were not disposed, unneces President, and placed them side by side with his reasons sarily, to take exception to the conduct of the Chief in support of his principles, would find more difficulty in Magistrate. There was no proposition then made to rethe execution of this duty than when resort is had to gen-ject the message, or to pass a vote of disapprobation eral assertion and declamation. If this course were pur-upon it.

seen.

sued, then the people of the United States would have If we turn to the history of the State Governments, we both sides of this controversy presented to them. But, shall find that the present Chief Magistrate is not the by the course proposed, one side can only be heard or only aged patriot who, after having spent almost a life of If doctrines dangerous and unconstitutional be toil and usefulness for his country, has been assailed by contained in this protest, are gentlemen who entertain his political adversasies in his old age, and an effort made this opinion, doing their duty when they fail to expose to despoil him of his well-earned fame. After Governor them? If gentlemen are serious in this opinion, and no McKean, of Pennsylvania, had spent a long life in the doubt they are, ought they not to take up the paper and service of his country; after he had acted as President of answer every principle advanced in it-strip it of its falla- the old Congress; had affixed his name to the Declaration cies, expose its deformities, or in other words, nullify it of Independence; had contributed to the adoption of the Then the President can have no advantage over this body; Federal constitution, as a member of the convention that the refutation will go along with the protest, and its per- ratified it in his own State; after he had, with distinguishnicious influence will be destroyed. But gentlemen will ed reputation, for many years, filled the highest judicial not agree to this course; they cannot answer it; therefore, station in his own State; when age had enfeebled his they will not attempt it. If they were competent to the body, but left the vigor of his mind unimpaired, he was task, they would make the trial, overturn the arguments, elected Governor of Pennsylvania; he discharged all the and reason this protest down. Sir, I wish to see their duties of this high and difficult station, in the most trying skill put to this test; I wish to see them advance foot to times, with fidelity and ability. All this, however, could foot; lay hold of this protest, and prove, if they can, their not secure him from the virulence of party feelings. assertions, to the satisfaction of the American people. If When his sun was almost set, men, actuated by party hathey shall fail to adopt this course, I should think the con-tred, rose up in the Legislature of Pennsylvania, and clusion in the public mind would be, that the protest is charged him with a violation of the constitution and laws, not susceptible of a satisfactory refutation. I will not, at and attempted to expel him from the high and last office this time, go into an examination of the merits of this pa- he ever filled. Articles of impeachment were prepared per: if it shall be received and referred to a committee, by a committee, and preferred against him, charging him and that committee shall report that the doctrines and with high crimes and misdemeanors; and it is a little reopinions contained in it are dangerous and unconstitution-markable that, in their report, they indulge in that same al, then the merits of the paper will be fairly before the anticipated triumph, and the same accusatory language, Senate, and an opportunity afforded for a full discussion; and broad assertion, which are so often employed in refand upon that occasion, I may ask the indulgence of the Senate to be heard upon the merits of the protest and explanation. I understood the Senator from South Carolina [Mr. PRESTON] as expressing the opinion that the explanation contained in the second message amounted to a retraxit of the obnoxious doctrines contained in the original protest.

erence to the present Chief Magistrate. The committee, in that case, said, "that they deemed it superfluous to sustain the resolution which is submitted, by an appeal to the patriotism or intelligence of the House. They are aware that they are anticipated by its judgment and integrity. The facts speak so loudly for themselves, that the feeble voice of the committee cannot be raised to [Mr. PRESTON here remarked that he ought not to be reach their tone-justice and the public welfare demand understood as assenting to the idea, that the second mes- punishment. If we desire to preserve our constitution sage removed his objections to the first.] in its letter and spirit, then punish the infraction of it. Mr. GRUNDY proceeded. I think, myself, the original Do we desire a government of laws, instead of the will

VOL. X.-98

SENATE.]

President's Protest.

[APRIL 29, 1834.

of a public functionary, then make him amenable to jus-in this Senate. He no doubt feels great solicitude, not tice, who dares substitute his will for that of the laws. only to possess the good opinion of his countrymen who Do we desire to preserve our republican institutions, then are his cotemporaries, but that posterity, when his charpermit no man to trample upon them with impunity. acter shall be presented to it, shall consider him to be Do we hold the right of electing our public function- what he has labored to be through a long life of public aries to be the essence of free government, and its ex-service and toil. And, Mr. President, let us do as we ercise to be dear to the freemen of Pennsylvania, then may, when the party strifes of the present times shall render him constitutionally accountable, who, by an ar- cease, and this individual out of the way of aspirants to bitrary fiat, has laid it prostrate. Do we consider vir- office and public favor, and faithful and impartial history tue the vital principle of republican government, then shall present him to future times, justice will be awarded punish the officer who attacks republican virtue in her to him. The men of the South will see and acknowlcitadel; who, in disregard of public sentiment, and pub- edge, that when they were borne down by oppressive lic duty, and in defiance of solemn obligations, treats the taxation, in the form of a protective tariff, that he, from people as his patrimony, and their rights as his inher- the moment he came into office, assiduously exerted himitance." self for their relief; that, in every annual message transFrom the extracts which I have read, the analogy be- mitted to Congress, he recommended and urged an ametween the case of the Chief Executive of Pennsylvania, lioration of their condition. When that gigantic plan of and that of the present Chief Magistrate of the United profusion and waste of public treasure, misnamed the States, is most striking. The accusers, in that case, an American system, shall have gone into entire disrepute, ticipated the final success of their accusation, with the the author of the veto on the Maysville road bill will be same confidence that the accusers of the present Chief pointed to as the individual who arrested that scheme of Magistrate claim the ultimate decision of the American policy which threatened to bring ruin upon the people people. They declared that justice and the public wel- of this republic. Then, too, it will be admitted by all, fare demanded his punishment. They charged that he that, with no other motive save that of the public good, had substituted his own will for that of the laws. They he encountered, successfully, the Bank of the United invoked the lovers of the constitution to punish him who States, a vast moneyed power, in a conflict in which any had prostrated it by his arbitrary fiat. They charged him other man would have faltered and failed; and all this with disregarding public sentiment and public duty, and for the purpose of securing and placing on a permanent treating the people as his patrimony, and their rights as basis the rights and liberties of his countrymen. his inheritance. The resemblance between the report of Were there no precedent or authority on this subject, that committee, and the language we daily hear, is so what does fairness and impartial justice demand of us? strong, that the first would well answer for a precedent, We have placed on our Journals a resolution condemning or form, for the attacks made upon the present Chief the President's conduct, and shall not the other side be Magistrate. But, sir, how did this exhibition of charges seen? If the sentence of the Senate be right; if we terminate? The same way, as I apprehend, those now have confidence in our own decision, we ought not to be against the Chief Magistrate of the United States will afraid to place on our Journals what the accused has said terminate-in the discomfiture and defeat of the accusers, in his vindication.

and in the triumph of the accused. The House of Rep- It is intimated that a new oath of office has lately been resentatives of Pennsylvania refused to vote the impeach- administered to the clerks in the different departments, ment. They refused to tarnish or sully the fair fame of with a view, as is supposed, to secure their allegiance to one of their first citizens. It should be remarked, that the present Chief Magistrate. I will state the facts as Governor McKean stood acquitted and discharged upon they really are, for the purpose of showing what light, the records of the Pennsylvania Legislature. Still, the airy, and unsubstantial pretences are seized hold of with accusation remained upon their Journals. It was unan- eagerness, in order to bring this administration into disreswered, except by the vote of a majority of that body. pute. By act of Congress, passed in 1791, each clerk, On the next day after the articles of impeachment were before he enters upon the duties of his office, is required rejected, he sent a message to the House of Representa- to take an oath before some judge of the Supreme Court tives, containing his vindication, and asked that it might of the United States, or a district judge, to support be placed upon the Journals of that body, not as a mat- the constitution of the United States, and faithfully to ter of constitutional right, but as an act of justice, in or- perform the trusts committed to him. During the pres der that all who might read the charges exhibited against ent session, a very respectable member of the other him, might, in the same book or record, read the refuta- House, as he has informed me himself, addressed a letter tion of them. The House of Representatives did enter to the different Secretaries, or some of them, inquiring it at large on their Journals. This is precisely what the whether the oath prescribed by law had been taken by President of the United States now asks. In his vindica- their clerks, and, upon examination, it was ascertained tion, Governor McKean takes a retrospect of his past that the oath had been administered to most of the clerks life, and refers to what he had done for his country, as by magistrates of this District, and not by a Supreme or high evidence that he was incapable of committing crimes Federal district judge, as required by law. Upon this disand misdemeanors. And, Mr. Pres dent, try it when covery, the clerks were required to take the oath preyou will, let an aged patriot be assailed when he is about scribed by the act of 1791, before the persons authorized to leave the stage of active life; let the attempt be made to administer it by that act. This mistake of the clerks, to strip him of his honors and his fame; let the billows of however, was not of recent origin; it is a gray-headed party rage beat furiously upon him; he will look back to error, much older that that administration in which the all he has done and all he has suffered, and when the Senator from Kentucky [Mr. CLAY] bore a distinguished facts justify, as they do in this case, he will remember, part. This, sir, is the new oath, invented in these Jackand he will say to his countrymen, I have spent sleepless son times, and odium is attempted to be thrown upon this days and nights in your service-I have suffered cold and administration for correcting an error which grew out of hunger-I have met the enemies of my country-I have the inattention of their predecessors. Equally unfoundbared my bosom to danger, and have bled for your liber-ed is the suggestion that any apprehension is to be enterties; and I now appeal to you to decide whether I can be your enemy, or an enemy to your free institutions.

These are the natural reflections and feelings of that individual who has been made the subject of accusation

tained, that this Senate is to be disturbed in its deliberations by an armed force. This no one fears, no one believes; and there is as little foundation for the apprehension, that the President of the United States will, by the

exertion of constitutional or unconstitutional power, put an end to our deliberations. My own impression is, that we can remain here quietly, if we shall choose to do so, until the 4th of March next, without any molestation from that quarter. Nor have I any confidence in the rumors that have gone abroad, that a military force is to make its appearance here, for the purpose of overawing the President and Congress, and compelling them to re-charter the Bank of the United States. No man who has sense enough to command a militia company-no man who has bravery enough to fight, will ever come to this city on such an errand.

[SENATE.

This name, it is imagined, will bring together parties and men who differ on all the political measures which have and still divide the people of the United States. Men who hold no one political opinion in common-who are separated from each other as widely as the poles-are to There is but a put on this cognomen, or family name. single point of contact between them, which is, a dislike to the present Chief Magistrate; and, I suppose, all his friends and supporters, who, I believe, compose a large majority of the American people, are to receive the opposite appellation. That distinguished representative from Kentucky [Colonel JoHNSON] whose limping gait at Having received no petitions or memorials from the every step bespeaks chivalry and patriotism-he who, citizens of Tennessee, upon the subjects which now agi- when a large and respectable portion of our citizens, imtate the country, I have been entirely silent upon the pelled by what they believed a sense of duty, and withpresentation of those emanating from other quarters, out any design, on their part, to interfere with the rights being willing that those who represent these petitioners of conscience in others, applied to Congress to arrest the and memorialists should lay them before the Senate in transportation of the mail on the Sabbath day, took up their own way. But I will take this occasion to state to the subject, investigated it, and by a forcible, argumentathe Senate my opinion upon a few of the points hereto- tive, and luminous report, convinced many of the petifore discussed by others. Although I differ altogether tioners themselves that it was inconsistent with the princiin opinion from a majority of the memorialists as to the ples of our institutions, and of the Federal constitution, cause of the embarrassment and distress which prevail in for Congress to act on the subject-is to be denominated the country, I am gratified to see the general spirit a tory. And he who fought the last and best battle of which pervades these memorials. They evince a feeling the late war-a battle which shed such lustre and splenwhich affords a confident assurance that the rights of the dor on the American arms, and terminated, gloriously, a American people can never be invaded with impunity by contest carried on to preserve our national rights-is to any functionary of this Government. If such sensitive- be called the head and leader of tories. I tell gentlemen ness is displayed when it is only imagined that their Chief this device will not do. Whatever was the original meanMagistrate has committed an error, what will not the ing of whig and tory in England, we have affixed to it an same spirit do should their rights be actually invaded? American meaning, one which not only the learned, but It will raise up and put down any man or set of men, who the unlearned, understand. My constituents have not all shall be guilty of usurpation and oppression. As to the read the history of Charles II; they consist of men and harshness of language employed in these memorials, I their descendants who fought in the revolutionary and will say this: that the right to petition and memorialize is last war, and who fought the Indians in the early settlea constitutional right; and, although citizens may not ments of the Western country; they are also the supportmeasure their terms and phrases exactly to suit our taste, ers of this administration; and should any man go amongst still it is better to let them pass uncensured and uncom-them, and call them torics, he would be apt to receive a plained of by us; although I confess I should prefer to very prompt signification of the meaning they attach to see petitioners confine their remarks and strictures to the term. I do not think gentlemen are doing justice to those representing them, and not travel out of their own their friends, when they attempt to clothe them now with districts and territories, for the purpose of lecturing this name or covering of whiggism, as though it were a those not elected by, nor amenable to, them. Yet, even new garment, because this implies that it was not possess. this course is without a remedy; it is the excessive use of ed before; when, in truth, it has been worn by them and a right which you cannot prevent, without endangering their fathers for more than half a century, and is made and impairing the right itself. It is like the licentiousness of such excellent materials, that it has become none the of the press, which cannot be cured without destroying worse by wear. From what has occurred this morning its liberty.

That pecuniary distress exists in the country, no one can doubt. As to its extent or degree, no accurate opinion can be formed. My own belief is, that it may become much greater. This depends upon the will of the bank; for it certainly has the power to increase it. The existence of this distress, and the probability of its becoming greater, furnishes no argument to me in its favor. So far from it, it proves to my satisfaction, that no corporation, capable of bringing such distress and ruin upon our citizens, ought to exist in our country. Without it, I admit, we shall have less of the show and splendor of wealth, but we shall possess more substantial security and happiness.

between the Senator from Kentucky [Mr. CLAY] and the Senator from North Carolina, [Mr. MANGUM,] I find I was mistaken in one thing. I had supposed the union between the national republicans and State-rights men, even of the strictest sect, had been consummated. I had no doubt, if it were so, that a divorce would speedily take place, because, for them to remain together without an abandonment of their principles on one side or the other, I knew was wholly impossible.

From the sentiments expressed by the Senator from North Carolina, in this day's debate, if he be not in a state of rebellion, he certainly feels a little insurrectious, or insurrectional, towards the party with whom he is operating. He says that he is against all assumptions of I wish to say a few words upon the name and designa-power not granted by the constitution, whether by the tion of parties which our opponents have lately assumed Executive, the Legislative, or the Judicial departments and taken upon themselves. They denominate themselves of the Government. This, he says, is the whiggism of the "Whigs," and, I suppose, they wish to affix the correla- South. Now, I ask him, if the imposition of an opprestive term "Tory," upon their adversaries. I wish to be sive protective tariff, upon his principles, savors of whigdistinctly understood as saying, that the great body of in- gism? Yet, a majority of those who are now acting with dividuals composing every political party in this country, him, advocate it. I ask him further, does the exercise of are whigs. It is an appellation common to all parties; it the power to make internal improvements by the Federis a generic term, and no one class of them has a right al Government, constitute any portion of a claim to to appropriate it to themselves exclusively; and nothing whiggism in the South? Is a bank of the United States but a spirit of monopoly could give rise to the effort now a whiggish institution, according to Southern doctrines? making by a portion of the politicians of this country. I presume he will answer all these inquiries in the nega