DEC. 30, 1833.] Removal of the Deposites. [SENATE. deduce his authority? Is the superintendence of the Ameri- May, 1820, sixth section, it is enacted, "that no contract can press a part of the financial duty of a Secretary of shall be hereafter made by the Secretary of State, or of the Treasury? Why did he not lay the whole case before the Treasury, or of the Department of War, or of the NaCongress, and invite their revival of the old sedition law? vy, except under a law authorizing the same, or under an Why anticipate the arrival of their session? Why usurp appropriation adequate to its fulfilment; and excepting, the authority of the only department of the Government also, contracts for the subsistence and clothing of the army competent to apply a remedy, if there be any power or navy, and contracts by the quartermaster's department, to abridge the freedom of the press? If the Secretary which may be made by the Secretaries of those departwishes to purify the press, he has a most Herculean duty ments." Now, sir, what law authorized these contracts with before him. And when he sallies out on his Quixotic the local banks, made by the Secretary of the Treasury? expedition, he had better begin with the Augean stable, The argument, if I understand the argument intended to be the press nearest to him-his organ-as most needing employed on the other side, is this: that, by the bank purification. charter, the Secretary is authorized to remove the public I have done with the Secretary's reasons. They have deposites; and that includes the power in question. But been weighed, and found wanting. There was not only the act establishing the Treasury Department confides, no financial motive for his acting, (the sole motive which expressly, the safe keeping of the public moneys of the he could officially entertain,) but every financial consider- United States to the Treasurer of the United States, and ation forbade him to act. I proceed now, in the third not to the Secretary; and the Treasurer, not the Secretary, and last place, to examine the manner in which he has gives a bond for the fidelity with which he shall keep exercised his power over the deposites. them. The moment, therefore, that they are withdrawn III. The whole people of the United States derive from the Bank of the United States, they are placed, by an interest from the public deposites in the Bank of the law, under the charge and responsibility of the Treasurer United States, as a stockholder in that institution. The and his bond, and not of the Secretary, who has given no bank is enabled, through its branches, to throw capital bond. But let us trace this argument a little further. into those parts of the Union where it is most needed. The power to remove the deposites, says the Secretary, Thus it distributes and equalizes the advantages accruing from a given place, implies the power to designate the from the collection of a large public revenue, and the conse- place to which they shall be removed. And this implied quent public deposites. Thus it neutralizes the injustice power to designate the place to which they shall be rewhich would otherwise flow from the people of the West moved, implies the power to the Secretary of the Treasury and the interior, paying their full proportion of the pub- to contract with the new banks of deposite. And on this lic burdens, without deriving any corresponding benefit third link in the chain of implications a fourth is constructfrom the circulation and deposites of the public revenue. ed, to dispense with the express duties of the Treasurer The use of the capital of the bank has been signally bene- of the United States, defined in a positive statute; and yet ficial to the West. We there want capital-domestic, for- a fifth, to repeal a positive statute of Congress, passed four eign, any capital that we can honestly get. We want it years after the passage of the law containing the parent to stimulate enterprise, to give activity to business, and to source of this most extraordinary chain of implications. develop the vast resources which the bounty of nature The exceptions in the act of 1820 prove the inflexibility has concentrated in that region. But, by the Secretary's of the rule which it prescribes. Annual appropriations financial arrangements, the twenty-five or thirty millions are made for the clothing and subsistence of the army and of the public revenue collected from all the people of the navy. These appropriations might have been supposed United States (including those of the West) will be re-to contain a power to contract for those articles, notwithtained in a few Atlantic ports. Each port will engross standing the prohibitory clause in that act. But Congress the public moneys there collected; and, as that of New thought otherwise, and therefore expressly provided for York collects about one-half of the public revenue, all the the exceptions. It must be admitted that our clerk (as people of the United States will be laid under contribu- the late Governor Robinson, of Louisiana, one of the tion, not for the sake of the people of the city of New purest republicans I have ever known, used to call a SecYork, but of two or three banks in that city, in which the people of the United States collectively have not a particle of interest; banks, the stock in which is, or may be, held by foreigners. retary of the Treasury) tramples with very little ceremony upon the duties of the Treasurer, and of the acts of the Congress of the United States, when they come in his way. These contracts, therefore, between the Secretary of Three months have elapsed, and the Secretary has not the Treasury and the local banks, are mere nullities and yet found places of deposite for the public moneys as absolutely void, enforceable in no courts of justice whatsubstitutes for the Bank of the United States. He tells ever, for two causes: 1st. Because they are made in vious, in his report of yesterday, that the Bank of Charles- lation of the act of the 1st May, 1820; and, 2dly, because ton, to which he applied to receive them, declined the the Treasurer, and not the Secretary of the Treasury, custody, and that he has yet found no other bank willing alone had, if any federal officer possessed it, the power to to assume it. But he states that the public interest does contract with the local banks. And here again we pernot in consequence suffer. No! What is done with the ceive the necessity there was for avoiding the precipitancy public moneys constantly receiving in the important port with which the Executive acted, and for waiting the meetof Charleston, the largest port (New Orleans excepted) ing of Congress. Congress could have deliberately refrom the Potomac to the Gulf of Mexico? What with the viewed the previous legislation, decided upon the expedirevenue bonds? It appears that he has not yet received ency of a transfer of the public deposites, and, if deemed the charters from all the banks selected as places of de- proper, could have passed the new laws adapted to the posite. Can any thing be more improvident than that the new condition of the treasury. It could have decided wheSecretary should undertake to contract with banks, with- ther the local banks should pay any bonus, or pay any out knowing their power and capacity to contract by their interest, or diffuse the public deposites throughout the charters? That he should venture to deposite the people's United States, so as to secure among all their parts equality money in banks, without a full knowledge of every thing of benefits as well as of burdens, and provided for ample respecting their actual condition? But he has found some guaranties for the safety of the public moneys in their new banks willing to receive the public deposites, and he has depositories. entered into contracts with them. And the very first step be has taken has been in direct violation of an express and positive statute of the United States. By the act of the 1st But let us now inquire whether the Secretary of the Treasury has exercised his usurped authority, in the formation of these contracts, with prudence and discretion. SENATE.] Removal of the Deposites. [DEC. 30, 1833. Having substituted himself to Congress and to the Treasu- Secretary disperses upwards of twenty-five millions of pubrer of the United States, he ought at least to show that, in lic revenue among a countless number of unknown banks, the stipulations of the contracts themselves, he has guarded and stipulates that, when the amount of the deposite exthe public moneys, and provided for the public interest. ceeds one-half of their respective capitals, security is to I will examine the contract with the Girard Bank of Phila- be given! delphia, which is presented as a specimen of the contracts The best stipulation in the whole contract is the last, with the Atlantic banks. The first stipulation limits the which reserves to the Secretary of the Treasury the powduty of the local bank to receive in deposite, on account er of discharging these local banks from the service of the of the United States, only the notes of banks convertible United States whenever he pleases; and the sooner be into coin in its immediate vicinity," or which it is, "for exercises it, and restores the public deposites to the place the time being, in the habit of receiving." Under this of acknowledged safety, from which they have been stipulation, the Girard Bank, for example, will not be bound rashly taken, the better for all parties concerned. to receive the notes of the Louisville Bank, although that Let us look into the condition of one of these local also be one of the deposite banks, nor the notes of any banks, the nearest to us, and that with respect to which other bank, not in its immediate vicinity, even if it be a we have the best information. The banks of this District deposite bank. As to the provision that it will receive the (and among them that of the Metropolis) are required to notes of banks which, for the time being, it is in the habit make annual reports of their condition on the 1st day of of receiving, it is absurd to put such a stipulation in a con- January. The latest official return from the Metropolis tract, because, by the power retained to change the babit Bank is of the 1st of January, 1832. Why it did not for the time being, it is an absolute nullity. Now, sir, how make one on the 1st of last January, along with the other does this contract compare with the charter and practice banks, I know not. In point of fact, I am informed, it of the Bank of the United States? That bank receives made none. Here is its account of January, 1832, and, every where, and credits the Government with the notes, I think, you will agree that it is a Flemish one. On the whether issued by the branches or the principal bank. debit side stand, capital paid in, $500,000; notes in The amount of all these notes is every where available to circulation, $62,855; due to banks, $20,911 10; indivithe Government. But the Government may be overflow-duals on deposite, $74,977 42; dividend and expenses, ing in distant bank notes when they are not wanted, and a $17,591 77; and surplus, $8,131 02; making an aggregate bankrupt at the places of great expenditure, under this singular arrangement. With respect to the transfer of moneys from place to place, the local bank requires in this contract that it shall not take place but upon reasonable notice. And what reasonable notice is, has been left totally undefined, and of course open to future contest. When hereafter a transfer is ordered, and the bank is unable to make it, there is nothing to do but to allege the unreasonableness of the notice. The local bank agrees to render to the Government all the services now performed by the Bank of the United States, subject, however, to the restriction that they are required "in the vicinity" of the local bank. But the Bank of the United States is under no such restrictions; its services are co-extensive with the United States and their territories. of $684,496 31. On the credit side there are bills and notes discounted, and stock [what sort?] bearing interest, $626,011 90; real estate, $18,404 86; notes of other banks on hand, and checks on ditto, $23,213 80; specienow, Mr. President, how much do you imagine? Recollect that this is the bank selected at the seat of Government, where there is necessarily concentrated a vast amount of public money employed in the expenditure of Government at this place. Recollect that, by another executive edict, all public officers, charged with the disbursement of the public money here, are required to make their deposites with this Metropolis Bank; and how much specie do you suppose it had at the date of its last official return?-$10,974 76. Due from other banks $5,890 99; making in the aggregate, on the credit side, $684,496 31. Upon looking into the items, and casting The local banks agree to submit their books and accounts them up, you will find that this Metropolis Bank, on the to the Secretary of the Treasury, or to any agent to be 1st day of January, 1832, was liable to an immediate call appointed by him, but to be paid by the local banks pro for $176,335 29, and that the amount which it had on rata, as far as such examination is admissible without a vio- hand ready to meet that call was $40,079 55. And this lation of their respective charters; and how far that may be is one of the banks selected at the seat of the General the Secretary cannot tell, because he has not yet seen all Government for the deposite of the public moneys of the the charters. He is, however, to appoint the agents of United States! A bank, with a capital of thirty-five milexamination, and to fix the salaries which the local banks are lions of dollars, and upwards of ten millions of specie on to pay. And where does the Secretary find the power to hand, has been put aside; and a bank, with a capital of create officers, and fix their salaries, without the authority half a million, and a little more than ten thousand of Congress? dollars in specie on hand, has been substituted in its But the most improvident, unprecedented, and extraordi- place! How that half million has been raised; whether, nary provision in the contract is that which relates to the se-in part, or in the whole, by the neutralizing operation of curity. When, and not until, the deposites in the local bank giving stock notes in exchange for certificates of stock, shall exceed one-half of the capital stock actually paid in, does not appear. collateral security, satisfactory to the Secretary of the Trea The design of the whole scheme of this treasury arsury, is to be given for the safety of the deposites. Why, rangement seems to have been to have united, in one sir, a freshman, a schoolboy, would not have thus dealt common league, a number of local banks, dispersed with his father's or guardian's money. Instead of the se- throughout the Union, and subject to one central will, curity preceding, it is to follow the deposite of the people's with a right of scrutiny instituted by the agents of that money! That is, the local bank gets an amount of their will. It is a bad imitation of the New York project of a money, equal to one-half of its capital, and then it conde- safety fund. This confederation of banks will probably scends to give security! Does not the Secretary know be combined in sympathy as well as interest, and will be that, when he goes for the security, the money may be always ready to fly to the succor of the source of their gone, and that he may be entirely unable to get the one nourishment. As to their supplying a common currency or the other? We have a law, if I mistake not, which in place of that of the Bank of the United States, the plan forbids the advancing of any public money, even to a dis- is totally destitute of the essential requisite. They are bursing agent of the Government, without previous secu- not required to credit each other's paper, unless it be isrity. Yet, in violation of the spirit of that law, or, at sued in the "immediate vicinity." least, of all common sense and common prudence, the We have seen what is in this contract. Now let us see DEC. 30, 1833.] Removal of the Deposites. [SENATE. what is not there. It contains no stipulation for the pre- liable to refund, and puts them in banks which have paid servation of the public morals; none for the freedom of to the American people no bonus. elections; none for the purity of the press. All these 5. Depreciates the value of the stock in a bank where the great interests, after all that has been said against the General Government holds seven millions, and advances Bank of the United States, are left to shift and take care that of banks in whose stock it does not hold a dollar, of themselves as they can. We have already seen the and whose aggregate capital does not probably much expresident of a bank in a neighboring city rushing impetu- ceed that very seven millions. And, finally, ously to the defence of the Secretary of the Treasury 6. He dismisses a bank whose paper circulates, in the against an editorial article in a newspaper, although "the greatest credit, throughout the Union and in foreign counvenom of the shaft was not quite equal to the vigor of the tries, and engages in the public service banks, the paper bow." Was he rebuked by the Secretary of the Trea- of which has but a limited and local circulation in their sury? Was the bank discharged from the public service? "immediate vicinities." Or, are morals, the press, and elections, in no danger of These are immediate and inevitable results. How much contamination, when a host of banks become literary that large and long standing item of unfavorable funds, champions on the side of power and the officers of Gov-annually reported to Congress, will be swelled and extendernment? Is the patriotism of the Secretary only alarmed ed, remains to be developed by time. when the infallibility of high authority is questioned? Will the States silently acquiesce, and see the federal authority insinuating itself into banks of their creation, and subject to their exclusive control? And now, Mr. President, what, under all these circumstances, is it our duty to do? Is there a Senator who can hesitate to affirm, in the language of the resolutions, that the President has assumed a dangerous power over the treasury of the United States, not granted to him by the constitution and the laws; and that the reasons assigned for the act by the Secretary of the Treasury are insufficient and unsatisfactory? We have, Mr. President, a most wonderful financier at the head of our Treasury Department. He sits quietly by in the cabinet, and witnesses the contest between his colleague and the President; sees the conflict in the mind of that colleague between his personal attachment The eyes and the hopes of the American people are to the President on the one hand, and his solemn duty to anxiously turned to Congress. They feel that they have the public on the other; beholds the triumph of con- been deceived and insulted; their confidence abused; scientious obligation; contemplates the noble spectacle their interests betrayed; and their liberties in danger. of an honest man preferring to surrender an exalted of- They see a rapid and alarming concentration of all power fice, with all its honors and emoluments, rather than be- in one man's hands. They see that, by the exercise of tray the interests of the people; witnesses the insulting the positive authority of the Executive, and his negative and contemptuous expulsion of that colleague from office; power exerted over Congress, the will of one man alone and then coolly enters the vacated place, without the prevails, and governs the republic. The question is no slightest sympathy or the smallest emotion. He was in- longer what laws will Congress pass, but what will the stalled on the 23d of September, and, by the 26th, the Executive not veto? The President, and not Congress, brief period of three days, he discovered that the Govern is addressed for legislative action. We have seen a corment of the United States had been wrong from its origin;poration, charged with the execution of a great national that every one of his predecessors, from Hamilton down, work, dismiss an experienced, faithful, and zealous preincluding Gallatin, (who, whatever I said of him on a sident, afterwards testify to his ability by a voluntary reformer occasion, and that I do not mean to retract, pos- solution, and reward his extraordinary services by a large sesses more practical knowledge of currency, banks, and gratuity, and appoint in his place an executive favorite, tofinance, than any man I have ever met in the public coun- tally inexperienced and incompetent, to propitiate the cils,) Dallas, and Crawford, had been mistaken about both President. We behold the usual incidents of approaching the expediency and constitutionality of the bank; that tyranny. The land is filled with spies and informers; every Chief Magistrate, prior to him whose patronage he and detraction and denunciation are the orders of the day. enjoyed, had been wrong; that Congress, the Supreme People, especially official incumbents in this place, no Court of the United States, and the people of the United longer dare speak in the fearless tones of manly freemen, States, during the thirty-seven years that they had acqui- but in the cautious whispers of trembling slaves. The esced in or recognised the utility of a bank, were all premonitory symptoms of despotism are upon us; and if wrong. And, opposing his single opinion to their united Congress do not apply an instantaneous and effective judgments, he dismisses the bank, scatters the public mo- remedy, the fatal collapse will soon come on, and we shall ney, and undertakes to regulate and purify the public mo- die-ignobly die-base, mean, and abject slaves; the rals, the public press, and popular elections! scorn and contempt of mankind; unpitied, unwept, un If we examine the operations of this modern Turgot in mourned! their financial bearing merely, we shall find still less for approbation. 1. He withdraws the public moneys, where, by his own deliberate admission, they are perfectly safe, with a bank of thirty-five millions of capital, and ten millions of specie, and he places them, at great hazard, with banks of comparatively small capital and but little specie, of which the Metropolis Bank is an example. [The conclusion of the speech was followed by such loud and repeated applause from the immense crowd which thonged the galleries and the lobbies, that the Vice President was constrained to enforce the respect due to the Senate, by having the galleries cleared.] MONDAY, DECEMBER 30. 2. He withdraws them from the bank created by, and The CHAIR laid before the Senate a long communicaover which the Federal Government has ample control, tion from the Secretary of the Treasury, in reply to the and puts them in other banks created by different Gov-resolution of the 19th, calling for copies of certain corernments, and over which it has no control. respondence between Mr. Crawford and others, on the subject of the bank, &c. [See appendix.] The communication having been read, 3. He withdraws them from a bank in which the American people, as a stockholder, were drawing their fair proportion of interest accruing on loans, of which those deposites formed the basis, and puts them where the people of the United States draw no interest. 4. From a bank which has paid a bonus of a million and a half, which the people of the United States may be now Mr. CLAY rose, and said that, as to the report which had been just read, and which he now held in his hand, it was a most extraordinary and an unprecedented docu ment. The Senate had called on the Secretary of the Treasury for documents, and he had given them an SENATE.] Removal of the Deposites.-District Code. [JAN. 2, 1834. argument. With respect to that argument, the Secreta- was, indeed, a part of it which was not made out, and that ry was welcome to the full benefit of it. He (Mr. C.) was the correspondence of Mr. Crawford. The Senate, would undertake to prove, at a proper opportunity, that at his instance, had called for this correspondence; but no the Secretary had misquoted the letters of Mr. Crawford. argument was called for. They had asked for documents, Mr. Crawford had acted under the resolution of 1816, letters, evidence; and the Secretary had given-what? an and all extracts which referred to that authority had been argument. As to the name and compensation of the agent, suppressed in the report of the Secretary of the Treasury. he had not been able to find it in the report. The genThe Senate bad called for things which they had not got, tleman from Georgia might have had access to the docuand had got things which they had not called for. They ments, and seen what he (Mr. C.) had not been able to had asked of the Secretary bread, and he had given them find in the report, in which it seemed to be totally omitted. a stone. The Senate had called for the name of the agent He should feel happy, however, if the information was who had been employed to make arrangements with given in any part of the communication. As to the course the banks. The Secretary ought to have known that and authority of Mr. Crawford sustaining the Secretary, this was one of the objects of the call, because he recited he could only say that he had read the whole of the corin the beginning of his report the whole of the resolution. respondence of Mr. Crawford, and would pledge himself But the name of the agent was not communicated. The to show, at some other time, that he had misquoted, in Senate had asked for the compensation to the agent, but every instance, where there was a semblance of similarity the Secretary had not given it. The Secretary was asked between the argument of Mr. Crawford and that of the by virtue of what law this agent was appointed. It was Secretary. The powers assumed by the present Secrereplied by the Secretary, that he knew of no law but the tary were never asserted by Mr. Crawford; and if they had practice of his predecessors. It was not now the proper been, it would be nothing more than the opinion of one occasion to go into this question. He had himself looked Secretary sustaining another. into the correspondence of Mr. Crawford, at the time, and had seen it all but the circular to the banks, which he had obtained an opportunity of seeing this morning from another quarter. And he was ready to assert that it affirmed no such power as that which was now claimed by the Secretary of the Treasury. He concluded with moving that the communication be laid on the table, and printed; but withdrew the motion, at the request of Mr. FORSYTH. The report and documents were then ordered to be laid on the table, and be printed. PUBLIC DEPOSITES. The Senate resumed the report of the Secretary of the Treasury and the removal of the deposites, and the resolutions thereon. Mr. CLAY resumed his speech in support of his resolutions, and continued it till the usual hour of adjournment, (as given above;) when, not having got through with what he had to say, he yielded to a motion for ad TUESDAY, DECEMBER 31. THE PUBLIC DEPOSITES. The CHAIR having announced the hour for the consideration of the special order, being the report of the Secretary of the Treasury on the removal of the deposites, Mr. CLAY rose, resumed, and concluded his remarks, (as given entire above.) Mr. FORSYTH then said that he thought the Senator from Kentucky was most unkind to the Secretary of the Treasury, and had done him much injustice. He had ac- journment. cused the Secretary of suppression of information, because he had not returned all which had been asked for. What was asked for? The Secretary had been asked to send certain documents, to show that the extracts made from the letters of Mr. Crawford sustained the course of the Secretary. He had done so. The gentleman from Kentucky had charged that some of these extracts were misquoted, and that others had been concealed. The Secretary had, it must be well known, referred to no documents which were exclusively in his possession. They were out of his possession, and there could be no concealment. The Senator from Kentucky, when he introduced this call, had distinctly declared that he denied the Secretary's On motion of Mr. BENTON, the Senate then proceedstatement of his own case. There it was. The gentle-ed to the consideration of executive business. After which, the Senate adjourned to Thursday. Mr. BENTON then rose to reply, but, in consequence of some domestic occurrence, expressed a wish not to enter on the discussion to-day. THURSDAY, JANUARY 2, 1834. DISTRICT CODE. man had charged the Secretary with making misquotations from Mr. Crawford's letters. Here the letters werechapter and verse. He thought the Senator would be grossly mistaken, if he thought he should be able to show any misstatement of the Secretary. Mr. F. then referred to the charges made against Mr. Crawford before the Mr. CHAMBERS moved the reference to the CommitHouse of Representatives, to show that he was not charged tee on the District of Columbia of the report of the joint with impropriety for having made transfers of the public committee, who were at the last session charged with the money, but for having failed to communicate the fact to duty of preparing a system of civil and criminal laws. Congress. As to the other part of the charge against the Mr. C. said that the joint committee had reported a Secretary, that he had not given the name of the agent, system of laws for the District at a late period of the sesit would be found that the name was in the commission of sion, and had induced the Senate to cause it to be printed, the agent; and among the papers would also be found the in expectation that its delivery, at an early period in the compensation given to the agent. The information re-recess, would enable intelligent and professional gentlequired was here given in the most authentic form, and the gentleman could make what use of it he pleased. Mr. CLAY replied, that no one could be more free from the charge of unkind feeling towards the Secretary of the Treasury than he was. He scarcely knew him as an individual, and could have no unkindness towards him. I view him only in his official character, and in my own public capacity. The gentleman from Georgia had said that he (Mr. C.) had required from the Secretary his statement of his case. rity Had not the Secretary made least, of statement before the Senate made this call? There men, and others in the District, to be prepared at the opening of the present session with suggestions for alteration and amendment, which the committee did not doubt were necessary to the greater perfection of the system. Unavoidable circumstances, and especially the time necessarily devoted to the preparation of a full and satisfactory index, had delayed the publication until the commencement of the present session. The deep interest to all classes of persons resident in the District on this subject, and the imperative duty of Congress to act promptly and efficiently, were so obvious, JAN. 2, 1834.] Removal of the Deposites. [SENATE. that the Committee on the District had already made it an has been done, the President has assumed the exercise of object of their attention; and it was believed that the most a power over the treasury of the United States not granted eligible plan of proceeding would be, to refer it to the to him by the constitution and laws, and dangerous to the standing committee, to whom could be proposed such liberties of the people. THE PUBLIC DEPOSITES. The Senate resumed the consideration of the report of the Secretary of the Treasury, respecting the removal of the deposites, and the resolutions thereon offered by Mr. CLAY. views as might occur to practical and professional men, "2. Resolved, That the reasons assigned by the Secrefor the further improvement and perfection of the pro-tary of the Treasury for the removal of the money of the posed system. He had presented these remarks for the United States, deposited in the Bank of the United States purpose of making known, to those who might be disposed and its branches, communicated to Congress on the 3d day to avail themselves of the information, the course de- of December, 1833, are unsatisfactory and insufficient." signed to be pursued by the committee, and to announce Mr. B. said that the first of these resolutions contained the willingness of the committee to act finally at the pre-impeachable matter, and was in fact, though not in form, sent session, if it should be found practicable to do so. a direct impeachment of the President of the United States. He recited the constitutional provision, that the President might be impeached-1st, for treason; 2d, for bribery; 3d, for high crimes; 4th, for misdemeanors; and said that the first resolution charged both a high crime and a misdemeanor upon the President: a high crime, in violating the laws and constitution, to obtain a power over The VICE PRESIDENT took the occasion to remark, the public treasure, to the danger of the liberties of the that all expressions of opinion, on the part of the specta- people; and a misdemeanor, in dismissing the late Secretors, concerning the matters in debate, were improper, tary of the Treasury from office. Mr. B. said that the and would, on no account, be tolerated. He adverted to terms of the resolution were sufficiently explicit to define what had taken place in the galleries during the last two a high crime, within the meaning of the constitution, withor three days, by which the decorum due to the Senate out having recourse to the arguments and declarations had been violated; stated that the officers were instructed used by the mover in illustration of his meaning; but, if to do their duty, and that, in case of any repetition of the any doubt remained on that head, it would be removed by impropriety, effectual means would be resorted to for the whole tenor of the argument, and especially that part the purpose of suppressing it, by instantly clearing the of it which compared the President's conduct to that of galleries. Cæsar, in seizing the public treasure, to aid him in putting Mr. BENTON then rose, and said he would take leave, an end to the liberties of his country; and every Senator, before he took up the subject under debate, to vindicate in voting upon it, would vote as directly upon the guilt or an officer of the Senate who had been unjustly assailed, innocence of the President, as if he was responding to the and who had not the right of speaking for himself. He question of guilty or not guilty, in the concluding scene of alluded to the Secretary of the Senate, [Mr. Lowrie,] and a formal impeachment. to the threat publicly expressed in open debate by a Sena- We are, then, said Mr. B., trying an impeachment! tor from Kentucky, [Mr. CLAY,] to move to expel him But how? The constitution gives to the House of Reprefrom his office if he should remove any of his clerks for sentatives the sole power to originate impeachments; yet their political opinions. The threat implied a knowledge we originate this impeachment ourselves. The constituor belief that the Secretary intended to make such re- tion gives the accused a right to be present; but he is not movals; when, in point of fact, no such intention existed. here. It requires the Senate to be sworn as judges; but The Secretary now had every clerk in his office who was we are not so sworn. It requires the Chief Justice of the in it when he came in many years ago. He was living in United States to preside when the President is tried; but the utmost harmony with these clerks, and could not but the Chief Justice is not presiding. It gives the House of feel himself deeply wounded by a threat, which raised an Representatives a right to be present, and to manage the implication which had no manner of existence. Mr. B. prosecution; but neither the House nor its managers are said, that an acquaintance of fourteen years with the Sec- here. It requires the forms of criminal justice to be retary enabled him to say that he was incapable of the strictly observed; yet all these forms are neglected and dishonorable conduct, attributed, by implication, to him; violated. It is a proceeding in which the First Magistrate that he was a high exemplification of the character of a of the republic is to be tried without being heard, and in Christian and a gentleman, and would conscientiously dis- which his accusers are to act as his judges! charge his duties to the Senate and his clerks, without the Mr. B. called upon the Senate to consider well what slightest regard to unmerited threats. Mr. B. also spoke they did before they proceeded further in the consideraof the animadversion which had been made at the same tion of this resolution. He called upon them to consider time, and for the same cause, upon an officer of another what was due to the House of Representatives, whose pribody, (the Clerk of the House of Representatives.) Mr. vilege was invaded, and who had a right to send a mesB. was a stranger to him, knew nothing of what he had sage to the Senate, complaining of the proceeding, and done, had no opinions to give as to his conduct; but he demanding its abandonment. He conjured them to conwould say, in vindication of the privileges of the House of sider what was due to the President, who was thus to be Representatives, that the conduct of their clerk belonged tried in his absence for a most enormous crime; what was to them, not to the Senate, and that it was unparliamentary due to the Senate itself, in thus combining the incompati. for the Senate to take notice of it. Mr. B. then proceeded to the order of the day, the resolutions submitted by a Senator from Kentucky, [Mr. CLAY,] on the removal of the public deposites from the Bank of the United States, and asked for the reading of the resolutions. ble characters of accusers and judges, and which would itself be judged by Europe and America. He dwelt particularly on the figure which the Senate would make in going on with the consideration of this resolution. It accused the President of violating the constitution, and itself committed twenty violations of the same constitution in The Secretary read them as follows: making the accusation! It accused him of violating a sin"1. Resolved, That by dismissing the late Secretary of gle law, and itself violated all the laws of criminal justice the Treasury, because he would not, contrary to his sense in prosecuting him for it. It charged him with designs of his own duty, remove the money of the United States dangerous to the liberties of the citizens, and immediately in deposite with the Bank of the United States and its trampled upon the rights of all citizens, in the person of branches, in conformity with the President's opinion; and their Chief Magistrate. by appointing his successor to effect such removal, which VOL. X.-7 Mr. B. descanted upon the extraordinary organization |