APRIL 18, 1834.]

President's Protest.

[SENATE.

of the whole nation—in a position that gave him a com- tions on the subject before both Houses of the Federal manding influence, sufficient to enable him to administer legislature; and the General Assembly may expect, at its the Government by the force of wisdom and virtue alone. next session, one of these protests from the President I religiously believe that he was the best, the wisest, and against its proceedings at the last session. One would be the greatest man the world ever saw: his virtues alone curious to see how the Jackson State-rights party in that constituted the highest wisdom; he had talents suited to body would treat such a protest. I hardly think they every station he ever filled; his moral qualities were all would be willing to receive and register it in their Jourgreat talents. But what is the precedent which the gen- nals in deference to the President's sense of the religious tleman from Alabama quotes? Washington nominated a obligation of his oath. The State legislatures of New Jerperson as an officer of the revenue, and the Senate refu- sey and Ohio, which have approved the measures of the sed to concur in the nomination: he did not re-nominate Executive, need not fear any such protest, any rebuke, the same person for the office, like another President- any exertion of the vast influence of the Federal Execu but, perhaps, it is not proper that I should pursue the tive, to discredit them with their own constituents, and contrast in this particular. Washington nominated an- with the American people at large: his oath of office will other person for the office; and, in the same message that nowise oblige him to suppress the sentiments of those who contained the new nomination, stated the information he join in hosannas to the praise and glory of General Jackhad received as to the character of the first nominee, as son's name. Indeed, I do not see how the duty imposed, his apology for nominating a man for office whom the and the power conferred on him, by his oath of office, Senate had deemed unworthy. I pray gentlemen, in the can be restrained to the suppression of the sentiments of first place to consider, that the President, in that instance, either branch of the Federal legislature, or of the State was communicating with the Senate, on the subject of an legislatures, or of the courts of justice, State or Federal, appointment which appertained to the Senate and the or confined to the method of protest only. I do not see President jointly, and upon which the Senate might, if it why he is not just as much bound and empowered to supsaw good cause, reconsider its former vote: the message press all assemblages of the people, held to remonstrate was strictly regular. And, in the next place, let any man against his official acts, as unconstitutional and unlawful; contrast the modest language of that message, with the and why, in order to protect and defend the constitution haughty, imperious tone of this protest, and find, if he can, of the United States, by maintaining his own executive any justification or apology in the example of Washing powers unimpaired, he may not put down the House of ton for the conduct of Jackson. Representatives as well as the Senate, turn any of the But President Jackson has discovered a new source of State legislatures out of doors, pull any of the judges from executive prerogative in his oath of office. Never had I the judgment seat, and quell any seditious assemblage of imagined it possible that any man could seriously look to the people, by the strong arm of power. It is unnecesthe President's official oath as a substantive grant of exec- sary to pursue the argument further. This resort to his utive powers. But, considered in the point of view in official oath as a measure of duty and grant of power, is a which the President in this protest regards it, it is a most claim to power, illimitable, uncontrollable, monstrous. copious source of power, and (which is worse) of vague, I can only impute it to that intoxication of mind which undefined, illimitable power. He sends us this protest, the possession of power is so apt to produce, and to that and deems it his right and his duty to do so, and our duty lust for more and more power, which has but too often, in to register it in our Journal, because he is bound by his the history of nations, rendered the favorites of the peooath of office, "to the best of his ability, to preserve, pro- ple their bane and scourge. tect, and defend the constitution of the United States." The gentleman from Alabama intimates the opinion that Supposing this a justification of this protest against the the whole and sole object of the opposition to the measproceedings of the Senate, this appeal by the President ures of this administration is to pull down the party now to the American people against this branch of the legisla-in power, and elevate other men to their places. I will ture, let us consider, for a moment, the extent to which not make the obvious retort, that it would be just as fair the President may, and, if he is consisent, must carry the to impute to the friends of the administration, that it is principle. If the Supreme Court of the United States their sole object to keep power in the hands which now shall entertain a jurisdiction which, in his opinion, the con- hold it. But I shall (as I can sincerely) say, before God stitution has not conferred on the Federal judiciary; or, if and my country, that to whomsoever the remark may be it shall decide a cause involving a constitutional question applicable, it is not justly applicable to me. I wish with contrary to his ideas of the true construction of the con- all my heart that the President would change his course of stitution; and, especially, if it shall decide a cause involv- measures, and enable me, as an honest man and faithful ing a question as to the extent of the executive powers public servant, to give him my support; neither have I under the constitution and laws-in any of these cases, it any feeling, motive, or object, that would induce me to will be the right and duty of the President to send his pro- withhold or stint it. The President concludes his protest test to the court, ask the judges to register it in their order- with a eulogium on himself, and the gentleman from book, lay an appeal from their judgment to the American Alabama, with less offence to modesty certainly, though people, and, referring to the exemption of the judges from not with more justice, concluded his remarks yesterday, responsibility by reason of their tenure of office during with a eulogium on the President, and an earnest degood behaviour, suggest a corrective of the evil. If any of mand of our gratitude for his services since he has filled the State legislatures pass an act which the President his present exalted station. He tells us that we are inthinks contrary to the constitution of the United States, or debted to the President for demolishing that temple of adopt a resolution disapproving the conduct of the Federal corruption and sin, the Bank of the United States: be it Executive, as illegal and unconstitutional, he has the right, so: we should have been more indebted to him, if, in his and is in duty bound, to send his protest to the offending attacks upon the bank, he had not laid his reckless hands body, require it to enter it on its own Journal, appeal to on the pillars of the constitution, and shaken them to the whole American people against the single State, and their foundations. Then, the gentleman insists that we suggest the propriety and necessity of curbing the free are indebted to the President for putting an end to the action and the free expression of opinion on such subjects system of internal improvement; a debt, which, if it were by any and all of the State legislatures. Sir, the case has due, only a portion of the people, excluding many of the actually occurred-the legislature of Virginia has disap- President's warmest friends, would acknowledge as an proved the President's recent measures, in terms quite as obligation; but how has he put a stop to the system of instrong as those of our resolutions, and has laid its resolu-ternal improvements, by money appropriated from the

SENATE.]

President's Protest.

Mr. BELL moved that the Senate now adjourn; but the CHAIR pronounced the motion out of order, pending the other question. A motion was then made to lay the motion on the table; but the CHAIR pronounced the motion out of order. While the order of the CHAIR was in the progress of execution

Mr. CALHOUN suggested that there was one objection to the motion; and that was, the impossibility of executing the order which had been given. It was not possible for the Sergeant-at-Arms to execute any such order.

He would not be misunderstood. He did not Federal Treasury? Simply, by the invention of that not-derstood. able distinction between works of a local and works of a move to take into custody those who, in an unguarded national character, whereby he has incalculably increased moment, applauded the sentiments uttered by the Senathe patronage and power of the Executive, and in the tor from Virginia, but those who, long after that gentlepractical application of which, there has been during his ad- man had taken his seat, continued to outrage and insult ministration, more money appropriated to works of internal the Senate. improvement, and a vast deal more, than ever was appropriated to similiar objects, in the same space of time, dur. The gentleman from Ala ing any former adminstration. bama, and I, and those who think with us on this subject, We are owe him no debt of gratitude on this account. indebted to General Jackson too, in the opinion of the gentleman, for the relaxation of the system of protecting duties. Indeed! Indebted to General Jackson, who voted for the tariff of 1824! who never has said one word or done one single act to bring about any relaxation of that system! Let any man point, if he can, to any evidence of a serious hearty effort of General Jackson, by word or Mr. POINDEXTER said, that, if the honorable Senator deed, to relax this system; let any man show me how, when, or where, he has done more than to recommend a would name the person who had committed the offence, But any such order to be now is"judicious tariff," and explain to me the meaning of he would have no objection to vote for a warrant to arthat vague generality. Sir, I cannot but remember, that rest such individual. during the anxious winter of 1832-'3, when South Caro- sued, would be a general warrant of arrest, and, as such, lina, under a deep sense of injustice and oppression, would be an unconstitutional act. It was necessary to (whether well or ill founded, it is immaterial now to in- designate the offender, and the crime he had committed, quire,) was exerting her utmost efforts (no matter now, before a warrant could be issued. Here, therefore, was whether wisely or not) to bring about a relaxation of the a motion to issue a general warrant, and, under that warsystem-when all men were trembling under the appre-rant, the whole city might be brought here; every indihension of civil war-trembling from the conviction, that vidual who had been present in the gallery during the if such a contest should arise, let it terminate how it might, day might be arrested, for the purpose of discovering it would put our present institutions in jeopardy, and end who among them had been guilty of the contempt. If either in consolidation or disunion-for I am persuaded, the gentleman desired that any particular individual that the first drop of blood which shall be shed in civil should be arrested, let him name the person, and then he strife between the Federal Government and any State, (Mr. P.) would be ready to vote for the arrest. Mr. EWING said he entertained no doubt that the Senwill flow from an immedicable wound that none may hope ever to see healed-1 cannot but remember, that the Pres- ate had the power to arrest any individual, or any numident, though wielding such a vast power and influence, ber of individuals, for an actual interruption of its proceednever contributed the least aid to bring about the com-ings, whilst they remained in the chamber. But he did promise that saved us from the evils which all men, I be- not believe the Senate possessed the power to send a warHe had witnessed the inlieve, and I certainly, so much dreaded. The men are rant beyond its walls, and no man could be brought benot present, to whom we are chiefly indebted for that fore them without a warrant. compromise; and I am glad they are absent, since it en- terruption, and regretted it much, and thought that some ables me to speak of their conduct as I feel, without re- motion ought to be made to prevent it, or to punish the straint from a sense of delicacy-I raise my humble voice individuals. It could not, however, be done without the in gratitude for that service to Henry Clay of the Senate, suspension of the other order. The galleries had now and Robert P. Letcher of the House of Representatives. been cleared, except of the privileged individuals, and, [Here there was some applause in the galleries, which therefore, they could not act further in the matter. In was followed by a good deal of disorder and confusion, order to take an individual into custody, he must be designated and served with a warrant containing his name. which lasted some time.] It would not do to give a warrant to an officer and tell him to take an individual into custody. A general warrant could not be issued in any free country. It would be useless to proceed further in this discussion, for it was now out of the power of the Senate to designate any indis-dividual, and, therefore, he should vote against the motion of the honorable member from Missouri.

The VICE PRESIDENT suspended the discussion, and ordered the galleries to be cleared.

While the Sergeant-at-Arms was in the act of clearing the galleries, the noises in them were repeated.

Mr. BENTON then moved that the Sergeant-at-Arms be directed to take into custody those persons who turbed the Senate.

Mr. MOORE expressed a doubt as to the propriety of the motion; it being utterly impracticable. The gallery was clearing as rapidly as possible, and he was not disposed to vote for the motion.

Mr. BENTON called for the yeas and nays on the motion; and they were ordered.

Mr. CLAYTON said, that he regretted that the motion had been made, but since it had, he should vote against it. The motion was placed, by the gentleman from Missouri, on the ground of an intended contempt of the Senate. Now he did not regard this act as intending to insult the Senate. It was an indiscreet expression of the public opinion; but he could not consent that, for this in discretion, the Senate should array itself against the galleries and the people.

The galleries having been cleared, the CHAIR said he had decided the motion to lay the motion to take cer. tain persons into custody on the table, to be out of order, because the order to clear the galleries was then in execution. The galleries having been cleared, the motion to lay on the table was now in order.

Mr. BIBB said he had great aversion to any noise being permitted to be made in the galleries, although he regretted the order that had been given to clear them, because there were many individuals, no doubt, present, who were strangers here, and of course totally unac quainted with the rules of the Senate. The motion on which he was now called to record his vote, was a general arrest of all persons in the gallery. He disclaimed any such power, and never would record his vote in favor of Mr. BENTON replied, that the terms in which he ex-its exercise. From time immemorial, ever since there pressed his motion were so distinct, as not to be misun-was a spirit of liberty in England, the public voice and

APRIL 18, 1834.]

President's Protest.

[SENATE.

public indignation, and the best whig blood in the coun-refuse to sanction the appropriation of public money as try, were raised in opposition to general warrants. Our he desires, or to confirm his nominations. This threat, constitution contained an amendment carrying out the accompanied by an appeal to the people, while his execsame principles. He cared not how technically lawyers utive nomination of a host of office-holders is before us, might apply it in courts of justice, he went for the spirit demands of us, in my judgment, the exercise of whatever of the rule; and if it be fit to be applied in a court of of energy and firmness of character we possess, to vindijustice, it was equally fit to be applied by both Houses cate and maintain the honor, dignity, and character of the of Congress. American Senate, and of the States it represents. I propose, sir, that we pass no bill, nor confirm any important and disputed nomination, until we have decided the question before us; after which, unawed by power, and unruf fled by passion, let us proceed, without the slightest regard to the President's threats, insults, or denunciations, to do our duty precisely as if he had not violated his. Let us then-but not till then-forget that this electioneering document ever had an existence, and proceed to reject all his nominations which ought to be rejected, as well as to confirm all that ought to be confirmed; in short, to do all that ought to be done, without the slightest regard to any stratagem he may resort to, for the purpose of seducing or frightening us from our duty.

Mr. B. said a few words more, indistinctly heard, of his readiness to support any proper measure to prevent interruption to the proceedings of the Senate. The Senate had power enough to protect its own deliberations, and he would not aid in carrying this power into excess. Therefore he should vote against the motion.

Mr. BENTON asked what was the motion before the Senate.

The CHAIR replied that the motion pending was that made by the Senator from Missouri himself, to take persons into custody who had offended against the rules of the Senate.

Mr. BENTON said, the persons were all gone, and, therefore, the motion could now have no effect. The Sir, the true view of this subject will not escape the motion he made was to arrest those who where then pre- American people. They will see at once that the Presi sent, and were then insulting and outraging the Senate. dent has been guilty of a palpable violation of the fundaHe made no motion for a general arrest, and no person mental privileges of their public servants in this hall. should be permitted to charge him with having done so, The third section of the second article of the constitution, without being contradicted in such terms as admitted of no regulating the official intercourse of the President with equivocation. He made the motion in reference to those the Senate, gives him power to send messages to the Senwho were then outraging and insulting the Senate, whom ate: 1st, containing information of the state of the Union; he heard over his head. He asked if the business of the and, 2dly, recommending some measures for their conSenate was not interrupted? He asked if it was possible sideration and adoption. It has not been pretended that for business to proceed while the tumult was going on; this message purports to give information of the state of and if hisses as well as applauses were not heard? Those the Union, or that it recommends any measure whatever who were permitted to applaud in a legislative body would for the Senate to adopt. On the contrary, it expressly find the same right to censure; and he asked if this was purports to be a mere "protest" against a measure alnot a commencement of such scenes as were exhibited by ready considered and adopted. It denounces the conduct the fish-women of Paris in the French legislature, when of the Senate, as unjustifiable and unconstitutional, in the members were threatened with bludgeons? He did agreeing to the resolution which denied his unlimited aunot know whether the applauses or the hisses were loud- thority over the purse as well as the sword of the nation; est, but both were equally censurable. it debates his claim of royal prerogative, and re-affirms all his pretensions to unlimited power; it professes "promptly to expose the wrongs the Senate has done him;" and for this purpose, and under this pretence, demands a place on our records. It recommends no legislation, proposes nothing, not even the repeal of the obnoxious resolution; and is intended as a popular harangue, to be used by his partisans in the coming elections. He might as well ask us to insert any other matter on our Journals, which is daily published by his Government press, for the

He did not, he repeated, move to take into custody those who applauded the gentleman from Virginia, but those who insulted the Senate and interrupted its proceedings long after he had sat down; those who were hissing, those who were applauding, and those who were tramp ling over his head at the time. The Sergeant-at-Arms could have designated the individuals-his eye would have been sufficient-and taken them into custody while committing the offence. He hoped those who heard him, and those who were taking notes, would not represent same purposes. him as making a motion for a general order of arrest. Mr. The Senator from Virginia [Mr. LEIGH] has shown, by B. then withdrew his motion, because, he said, the peo-referring to Mr. Jefferson's Manual, that, independently ple were all gone. of the grant of power to the President in the constitution,

[Mr. LEIGH then resumed and concluded his remarks.to send us messages touching the state of the Union, and He added but little more to what is given above; and of to recommend certain measures for the action of Congress, what he did say, no accurate notes were preserved.] Mr. EWING then obtained the floor, but, forbearing to proceed with the discussion at so late an hour, yielded the floor for the present, and

Mr. WILKINS moved that the Senate proceed to the consideration of Executive business.

the law of Parliament gives him no right to take notice of any matter depending, or of votes that have been given, or of speeches which have been held, by the members of either of the branches of the legislature, until the same have been communicated to him in the usual parliamentary manner. The resolution which is the subject of the Mr. CLAYTON said, that he could not assent to this President's message, was never communicated to him. motion. The President has menaced the very constitu. It was a mere test of the opinions of the Senate, prepartional existence of the Senate. He says that, whether atory to its own future legislative action, and, as such, its censures are submitted to or resisted by him, in either was not even communicated to the other House. event the consequences resulting from its conduct must duty, on this occasion, is illustrated by the precedent re"lead to serious alterations of the frame-work of the ferred to by Mr. Jefferson, and so much approved by him constitution." And he gives utterance to this sentiment that he has preserved it and made it a part of his Manual. in the same sentence in which he speaks of the Senate "Thus," says he, "the King's taking notice of the bill as a "body holding their offices for long terms, not elect- for suppressing soldiers, depending before the House; his ed by the people;", while in the communication from proposing a provisional clause for a bill, before it was which this menace is extracted, the object of it is expo- presented to him by the two Houses; his expressing dissed, by the insinuation that the Senate may, in future, pleasure against some persons for matters moved in Par

Our

SENATE.]

President's Protest.

[APRIL 18, 1834.

liament during the debate and preparation of a bill; were yes, sir, those peers who had before considered the docbreaches of privilege: and, in 1783, it was declared a trine which denied the authority to press the freeborn breach of fundamental privileges to report any opinion, subject as "new, and contrary to the usage and custom or pretended opinion of the King, on any bill or proceed- of all times," as many now declare our denial of the ing depending in either House of Parliament, with a view President's right to remove even a marshal who shall not to influence the votes of the members." The leading refuse, at his bidding, to execute a decision of one of our precedent among those referred to by Mr. Jefferson, to courts, if the President choose to consider it unconstitusustain his opinion, is one to which I now invite the partic- tional, as new and contrary to all former usage-those ular attention of the Senate. I refer to Clarendon's re- very tory peers, I say, voted with the Commons, that the port of it, because the advocates of the royal prerogative, King's protest was a manifest breach of the privileges of or of executive power, in any age, will most readily re- Parliament. Clarendon informs us, that, as soon as the spect his authority. King's proposition was received, the divided Lords and In the year 1641, at the first dawn of civil liberty in Commons immediately united themselves in a petition to that country from which we have drawn our principal in- the King, declaring that, amongst the privileges of Parstitutions, a dispute arose between the Commons of Eng-liament, it was their ancient and undoubted right, that his land and the King, pending the bill for the suppression of majesty ought not to take notice of any matter in agitathe rebellion in Ireland, in which the Commons denied tion or debate, in either House of Parliament, but by their the King's prerogative in any case but that of invasion information and agreement; and that his majesty ought from a foreign power, to press the freeborn subject. Re- not to propound any condition, provision, or limitation, mark, sir, that the dispute between the King and the to any bill or act, in debate or preparation, in either House of Commons was, at that day, as this between the House of Parliament; or to declare his consent or dissent, President and Senate is, a question of executive power his approbation or dislike of the same, before it be preand prerogative. We deny the President's right to the sented to him in due course of Parliament. They depurse, while we admit his right to the sword. They de-clared that all those privileges had been lately broken, nied the King's right to unlimited power over the liberty to their great sorrow and grief, in that speech which his of the freeborn subject, when called upon by his prince majesty had made to them, wherein he took notice of a to wield the sword. The House of Lords took part in bill for pressing of soldiers, and offered a salvo jure and the dispute with the King, as our House of Representa- provisional clause to be added to it before it was presenttives, though undoubtedly swayed by the best of motives, ed to him; and, therefore, they besought him, by his royal now take part with the President. The Commons of power, to protect them in those and the other privileges 1641 (the Whigs of the day) resisted the royal preroga- of this high court of Parliament; and that he would not, tive, in defiance of both King and Lords. Thereupon, the for the time to come, break or interrupt them; and that, King went to the House of Commons and expressed his for the reparation of them in that their grievance and princely zeal for the relief of Ireland, in terms as honeyed complaint, he would declare and make known the name as our President has employed to express his regard for of such person, by whose misinformation and evil counthe people in this message; and, (says Clarendon,) sel his majesty was induced to the same, that he might "taking notice of the bill for pressing, depending with receive condign punishment."

the Lords, as the Commons had passed it, and the dispute “And having delivered this petition," says the royal raised concerning that ancient and undoubted preroga- historian, "they no more considered Ireland till this mantive, to avoid further debate, the King offered that tlie ifest breach should be repaired-which they resolved nobill should pass with a salvo jure both for the King and thing should do but the passing of the bill"-and so, in people," (the meaning of which was, that neither the the end, after a long controversy between the whigs and claim of the Commons nor that of the King should be tories of that day, between the people or Parliament on considered thereafter settled by the precedent,) even as the one side, and the King on the other, the King, he Af President now asks to put his protest on the Jour- adds, "was compelled to pass the bill for pressing, which nal, "to the end that the resolution of the Senate may the Commons had prepared." Yes, sir, the whigs of 1641 not hereafter be drawn into precedent with the authority refused to transact any other business, under these cirof silent acquiescence on the part of the executive de- cumstances, until the breach of their privileges was repaired. The object of the "salvo jure," or protest of partment."

You observe, sir, that no official communication, on the the monarch, was to gain all the supplies for his army subject before the Commons of England, had been made without a surrender of his prerogative. The object of by order of that House, to the King. His majesty sent the President now is, to obtain our consent to all his aphis protest, salvo jure, to that House, as our President has pointments, and to gain all the appropriations for the sent his protest to this Senate, without any previous offi- salaries of all his officers, as he terms them, not only with cial information of the proceedings regarding the execu-out a surrender of his asserted prerogative of unlimited tive power and prerogative. The important difference power over them all, but in defiance of the Senate, and between the two cases lies here: that, in the case of the while he compels us to admit his claim on our own recKing, notice was taken of the bill pending, before it was ords. Sir, I desire to imitate at least a part of the exampresented to him for his approbation or dislike, in due ple set me in the illustrious precedent of 1641. I will coure of Parliament. In the case of the President, while not fall below the standard of opposition to kingly prenotice was taken of a resolution before it was presented to rogative and executive encroachment, established by that him in due course of Congress, and which was never in- Parliament which brought a British monarch to terms, tended (as he well knew) to be, nor could be, presented and to which we are indebted for the first light of civil to him for his approbation or dislike, notice was also taken liberty. This act of Charles, in 1641, was one of that of the debates on the resolution, and of all the amend- series of aggravations which eventually brought the Engments moved to it, and the President's displeasure was also lish tyrant to the block. It remains for the American distinctly and strongly expressed against at least four of Senate to say, whether it will proceed to consider the the Senators who voted for it-I mean, sir, the Senators other business of the session, before its own character from New Jersey, Maine, and Ohio. and its own just claims and privileges have been vindicaNow, let us inquire what was done by the Parliament ted and re-asserted, by the proper disposition of this proof England, in 1641, after the King had sent in his pro- test. But, for myself, I repeat that, viewing this as a test. Why, the Lords, who before had differed in opin- flagrant breach of privilege, and an attempt to lecture ion with the Commons on the subject of the prerogative-and intimidate the Senate, because it has dared to dis

INDEX TO THE DEBATES IN THE SENATE.