Cherokee phoenix, and Indians' advocate. (New Echota [Ga.]) 1829-1834, May 17, 1834, Image 2

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Congressional, ■ Fro n the New York Advertinr. IV SEVATE—April 21 A message was received from the President of the United States, by the hands of Mr. Dinelson, explanatory of some of the expressions and arguments contained in his Message and Protest, communicated last week, which was read. (The message will be found in another column ) A debate ensued, in which Mr. Pres ton. Mr. Forsyth, Mr. Ewing, Mr. Poindexter, Mr Ki tg, of Geogia, Mr. 'Calhoun. Mr. Clayton, and Mr. Web ster, took part, and which will be given with all oracticable despatch. Mr. Clay then moved to lay the pres ent subject on the table, in order to proceed to the consideration of the un finished discussion. After a f**w words from Mr. Pi»in- Je-.der and Mr Calhoun, at the sug- g<; oi l i of the Chair, that the two mes- *h-j"s were to be regarded as one, Mr. CUiv having withdrawn his motion, the Senate proceeded to tlie consideration of the unfinished business, being the special order M-. Poindexter then modified his nse’i 'i, tliat the pao«r he not received, by s i ^uniting a in >ti >n to adopt the fallowing resolution: “Resolved, That the President, in transmitting the paoer which he did to gislative Department to provide ly law 1 much more in it than indecorum, or for the custody, sate keeping, and dis-j want of respect to the Seuate; and I prop-1 think we shall best consult the cliatac- I ter of this body, and better fulfil thee.x- Although 1 am well satisfied that 1 pectation of the country, by going at such a construction is not warranted by once to the dangerous assertions of pow- any thing contained in that Message, er which the paper sets up, - and fully erty yet, aware, from experience', that de- i exposing those claims of power to the tached passages of an argumentative People. The President denies that document, when disconnected from this House, or indeed either Houses of their context, and considered without Congress has any right to express -any reference to previous limitations, and ; opinion upon his conduct, except by the particular positions they were way of impeachment This is, indeed, tended to refute or establish, may be , new and startling. That in a popular made to boar a construction varying : Representative Government, the Re- altogether from the sentiments really presentatives ot the People may not 1 will resist with lirnindss and constancy; entertained and intended to be express- J express their opinions upon measures ot and in that resistance they will be sup- shall know who has approved sending of this Protest. I hopo we shall learn who haa made himself partaker in it, by positive sanction, or silent acquies cence. Sir, I will not now discuss the asser tions, the pretensions, the dangers, ot the Protest Others are in possession of the debate. 1 do not see that the. case is altered by this codicil. The whole measure is of an alarming ex tent and character It attempts one great strnte tow ai ds the accumulation of all the power in Executive hands; u stride which 1 d mbt not the Senate ed; and deeply solicitous that my the Executive power, is a doctrine, 1 views on this point, should not, either believe, now, for the very first time put now or hereafter, he misapprehended, | forth Mho has ever heard of it ite- 1 have deemed it due to the gravity of fore? Though this right is denied to the subject, to the great interest it in- ‘ either House, the President’s reasons volves,’ and to the Senate, as well as to : ate urged mainly against the right of myself, to embrace the earliest oppor-j the Senate, and the chief reason is, tunity to make this communication. | that the Senate are judges in eases of 1 admit, without reserve, as 1 have • impeachment, and that, therefore, until ported by the country. lHMBIMit. done before the constitutional power | impvachment come, it should be silent. of the Legislature to provide by law, the place or places in which the pu lie money or other property U to lie de posited; and to make such regulations concerning its custody, rein >val, or disposition, as they may think proper to enact. iNor do 1 claim > >r the Ex ecutive any right to the possession or disposition of tiie public property or treasure, or any authority to interfere the Semite, on the 17th instant, which j with the same, except when such pos- he requested to be placed on its J nr- j session, disposition, or authority, is gi- nals as ai Executive Protest, against a Resolution oasspd by the Senate, made a communication not authorized ven to him by law; nor do 1 claim tiie right in any manner to supervise or in terfere with me pers n entrusted with by the Constitution, nor warranted bv ] such property or treasuie, unless he be mutual interchange of communications which the discharge of official duties render necessa r v and proper between the Legislative Departments of the G •- ernment. “Resolved, That the President, in the naper above referred to. assumes powers in relation to the Senate not authorized by the C institution, and calculated, in its consequences, to de stroy that harmony which ought to exist between the co-ordinate Do lartments an officer whose appointment, under tiie Constitution and law s, is devolved upon the President alone, or to con junction with the Senate, and tor wn .se conduct he is constitutionally respon sible. As the Message and Protest refer red to may appear on the Journal of the Senate, and remain among tne re- j corded documents of the nation, 1 am ! unwilling that opinions should be impu ted to me, even through misconstruc- of the General Government; to inter- tion, which are not contained in it; and fere with the Senate in the discharge more particularly, am 1 solicitous that 1 may not be supposed to claim for my- ofits duties; to degrade it in the public opinion: and finally, to destroy its in dependence. bv subjecting its rights a>d duties to the determination and control of the Chief Magist rate. “Resolved. That a communication <#*a inner of such a character, with the declarations that accom >anierl it, is a : and that it mayr tie entered therewith")!! sell', or my successors, any power or authority not dearly granted, by the (’•institution and laws, to the Presi dent. i have, therefore, respectfully But this objection, it is obvious, would stop the mouth of the Senate, with tes-l pect to every other officer . of the Go vernment, as w ell as the I resident, because all officers aie equally im peachable, and the Senate must try all impeachments 1 kuow aot, Sir, who drew this Pro test, but whoever he was, instead of looking for S">und constitutional piinei- ples in the history ot t:ee Government* in the practice of 1 egislatures in the United States, or elsewhere, lie has coctented himselt w ill) an ancient truism from the black letter law nooks, that the 11 use of Lords cannot institute an impeachment, or frame articles, and then try it themselves. But do not the Lords, ail well as the Comm ns, ex press their opinions, by votes and ies- olutious, of the conduct of Ministers ot tne Crownr \ et they have the power, and the sole power, of impeachments Lhe Senate lias an und unted rignt, in my opinion, to express ns opini ns <>n tne puuii: conduct of the Executive >>l- ficers. The c mimgency , that it may he called on to try an impeachment, is no bar to the exercise of this right.— Doubtless the*e may be cases in which the propriety of its exercise might be too much influenced by the considera tion that the Senate held the power of judging on impeachment. But this is matter of discretion. In every case, Correspondence of me Jouml of Commerce. Washington, April 17, 1834 T ln»' has been a day of unparalled excifi inenl hi Congiess. At fii o' clock, when the Senate met, Mr. D* n- elson, I mate Secietary of the i resi dent si * od at the door with a message which was immediately judged to ue the expected “appeal from the tbeuate to the people.’1 he messagi was an nounced and its reading commenced. 1 he me in be is ol the ’louse lushed al most in u u.dy to the Senate ciiambwr. '1 he document purported to reluie to the Resolutions passed oy the beiiate on the .-.tiifjecl ot the- assumption and will all be here next week it is believ ed. - . You will find the President’s mes sage in the Globe of tomorrow. The President and the Senate are now at issue, and you will shortly see further demonstrations of hostility on both sides. The Senate will refuse the appropria tions, and the President will adjourn Congress and carry on the Government without them. The Senate will reject all nominations of importance, and the President will appoint what officers he pleases. No one can look at the pres ent state of things without foreseeing this result. -The House had up the appropriation Bill today It goes heavily and slowly through the House No progress was ! made in it today. The amount of gov ernment money in the Bank of Alcxun. dria was $20,000, but it is well secur ed. ilV iro abuse oi power by the Executive lit to request that this communication may ! the Senate must proceed upon its own be c nsidered a part of that Message plain, an open breach of the constitu tional rights an;l privileges of the Sen ate. and that it -annot be received by the b.dv, without a surrender of the just lowers confided to it bv the C >n- stitn'ion, in t-not, to secure the liberty, and or-nnote the prosperity of these /safes, and which *he memners a>e bon id to maintain under the sacred ob- liga'ion of an *ath. .1 solved, therefore, Thn‘ the paper be not received by the Senate.” After the rending of a u irtion of the original protest, by Mr. Bibb, on the subject of the charge of the public mon ey by the Executive, in order to show what .ere the statements which had been explained away by the supple mentary message— ''•Ir. E ving addressed the Senate at h igth, on the subject of the motion by M Poindexter. (His remarks will * b<; given hereafter ) Mr. Kane then obtained the floor, but gave w a y while. Mr. vVilkins moved to lav the motion on the table, and to proceed to the con sideration of Executive business; which was negatived —ayes 19, noes 20. Mr Forsyth then moved to amend the resolutions, so as to introduce into the body of them the original protest of the President, and also the supplemen tary message, and asked for the yeas and nays on the motion. Phis motion led to a discussion which occupied some time, and in which the m tion was objected to, on the ground that the rule of the Seriate required that every motion to amend a written pro p -sition, should he submitted in writing. Mr. Forsyth thpn sent to the Chair the originals of the documents, which the Chair (Mr King of Alabama) decided to be a compliance with the rule.— Against this decision, an appeal was made by Mr. Calhoun; but before there was any decision on the motion of ap peal, The Senate adjourned. tne Journals of the Senate. ANDREW JACKSON. April 2Is/, 18.94. This Message gave rise at once to an animited ^though incidental) debate; and trie whole day was consumed, as the reader will see by the Report ol the proceedings, in a discussion growing out of the original Message and this a- mendmefit t«> it. T he late hour, and previous engagements of our columns, Compel us to i»e content, for to-day, witn u onuf notice of the day’s pro ceedings. From the Notional Intelligencer. Another Chapter of History.—The following Message from the President of the United States, to the Senate, was received' and read in that body, at tll<? Oneninor nt* VAalPrrlnv’a uittimr* (he opening of yesterday’s sitting To the Senate of the United States: Hnving reason to believe tlint cer tain passages contained in my Messuge and Protest, transmitted to the Senate on the 17th inst may be misunderstood 1 tin k it proper to state that it was not 111 f ' 1 i *n f deny in the said Mes- Monday, April 21, 1834. The Explanatory M ssage from the President of the United States, to the Senate, having oven.received and read and Mr. Poindexter having moved to include the said Message in the mo tion winch he had made upon the ori ginal Message, viz: that it be not ro- oen ed— Mr. Webster rose. He said he had arrived in that City, and resumed his seat since tiro debate begun, and he rose to say , that he thought the trans mission ol tins Protest to oe one of the most important und ominous occurren ces of tne times. It is, suid Mr. W , a communication of so anomalous a character, in the first place, that it per plexed the discrimination ot tfie Senate to know what preliminary disposition to make ol it. Some are for receiving it, others are against receiving it, altho’ it has been read and its contents com mented on. It seems to hang, at pre sent, in a pendulous condition, between reception and rejection. It has no rest ing place. It is like the coiiin of Ma homet, suspended between Heaven and earth, as unfit to go higher, and find ing no proper abiding place here be low. But 1 am unwilling that this dis cussion ol this great and grave topic should be embarrassed by questions of form. I am obliged to the member lrom Mississippi, for the strong grasp which he laid on the principles of this Paoer, at its first appearance, but as to the form of proceeding with it, i confess 1 should preferred to have pass ed over the question of reception, and gone at once to the substantial charac ter ot the Protest itself. It is too in teresting, and it will prove so—too ex citing, and it will prove so, to go from the benate, till it shall have received such discussion and such reply ns it is entitled to. it is said that the paper is Indeco rous, and justly ofi'ensive to the self- sense ol propriety and justice. There may be, sometimes, good reason to re frain tri m expressing opini ms, and sometimes there may be tfie highest propriety in expressing such opinions in the strongest manner. '1 fie right ol doing so is clear, and is not to ne dis puted. The- possession of judicial pow er does not abridge the legislative pow er of the Senate it does not take a- wav any ofits rights as a representative body. Sir, the President of the United States lias been misled He is unin formed, or misinformed, as to the real stale ol opinion in tne country i fear there are those who share his confi dence, and who present to his view on ly one side of things. The state of the country is alarming. Members of the Senate, who have not been nut of this city for five months, are not aware of the depth and strength of the punlic feeling. 1 should liae to know what advisers have recommended to the Pre sident to send us this protest. Its cir culation through the country will udd fuel to leelings already sufficiently en kindled. The President has around him the Heads of Departments. Can any body tell us whether uny of those heads, and if any, which of them ad vised him to send this paper to the Sen-, Ur which "it them, it'any, sat bv, ! the removal of the deposition, &.<.. i tie President rust c> in plains that ue was not a party to tne trial, dial lie. v.as tried and condemned wituout alieaii-.g, tx.c. He proceeds at gieat length to aiguc against tne power ol me ocnate to censure me acts ot tiie Executive, except us jmlges, in ca*e of impeach ment. He insists too, dial the oluugo, in the resolution as it passed, is vague amt undenned, and that Had tne two chaigcs, as made in the original reso lution,' been su milted to the benate, they w• uiu not iia>e been sustained oy a iiiujoutj ot tliat jod_,. lie uiscusses the two distinct cnuiges, first of his having aoused the power ot removal ti m V'lnce, and second, that ol usurp- mg pviwei in leuiovui ol tne deposites, at g.cat itiigtli, going over all the gr uiids vvhicn have neietofote been taken in the discussion* it this sunject. Aitei i.lushing tins topic, he refeis to matters inciueutal to the pussage and discussion oi the ivesolutions lie re fuses to cousiuer tne vote as the voice of the Senaie, because them are a numucr ot Senators w limn fie designates as Senators from such and such States, who disobey in their course tne instruc tions of their respective Slate legisla tures. Furtlierinoie, he contends tnut, in case of an impeachment, fie could not be condemned by a vote of less than two thirds of the Senate, which v >te was not obtained in favor ot the resolutions,—that though he cannot he removed from office ny this decision of -the Senate, ^et the principal part ot the punishment, wiiich is the reoided and otiicial censure i.f'the f'resiffi'nt by the Senate, lias been indicted upon him. it he was to submit to this, tin* piffin- ples ofthe constitution v uid be sub verted, the executive powei w mid be overthrown, and fall into contempt, and the Senate would ue left in the control of the . destinies ofthe country. He, therefore, protests against the resolution of censuie passed by the Senate, and stales that he has ordered his Protest to be recorded in the archives ofthe Executive Department. Towards the close of the paper, which occupied an hour and n half in reading, he spoke . f his revolutionary services, iris incor ruptibility, his responsibility to the high and eternal power at whose bar he was and his determination give track to the people their insti- id 11* tmi Bi se THERE IS CAUSE FOR AT ARM! Mr. Sprague, of Maine, thus closed his eloquent speech in the senate, up- ou the removal ofthe Deposites. “imay be deemed an alarmtst.— There is cause for alarm. M hen onb van, encroaching upon Congreks, the Senate, and Judiciary, arrests and mils hack the course of Legislation—inter prets laws, treaties and constitutions— assumes tin* vvh le powei of appoint nienl—h filing at the same time abso lute contr- I over the Army , the Navy tlie* Post Office, an affiliated Press, & tlies whole sw arm ot Executive officer —and now, superadded to all, and thi^e ti emend* us money power, the fiscai agency engiafted upon banking ca, ;al - can li> city be safe—saje—when q y bon constrictor is dosing around her hi: ciavving and ciushing folds! There is cause of alarm. — If this ap. paling accomulatian of power may b< acquired in the time of profound peace what may not be accomplised in th< exigences of war—war, whicn the Ex ecutive Chief can at any time create He lias but to order the army acrosi the lines to take possession of a foreigr )'"i territory; or the commander of a sin gle ship to insult a foreign dag, or re sort to any of tfie well known expedi ents of passages, to provoke hostilities and it is done —Congress, indeed, maj [II■ not declare it—but other nations vvi| make war upon us; and no treaty cai !of be formed but by the President; ant or I ll lie shall grasp further power to mee t.ie emergencies which h« himselt liafpat created, will you impeach him? Jm peacli your chiei, flagrante belle, wiier Tli u *4mug Executive may be essential t self-pi eservation 1 confess I do feel alarmed And, my strength bore mv propoitmn to th eu depth and sincerity of my convictions mi l w ould aise my voice till it passed e» ur* ery lull, oiled every valley, and wa the eefi ed hack from every cottage on ou remotest Holders. 1 would say t<> th people, the STHONG .via\ of the lan . awake tr >,u our false security, sleep n longer in the lap of >iir Delilah! y will be shorn of your strength, an bound in lettei s, y**ur eyes sealed from the light of Heaven—and be inati to grind in tne null for lords and inn: ters—until, in blindness and in rag* you shall lay hold of the pillar* of tl fabric that sustains them, and bur y Ouiself and your oppressors in uiuli tinguislied ruin The progress of E.v ecutive powei and prerogative must i> arrested—it must be arrested And if he n**t d* ne now in this generation, l the peaceable means of constitution resistance, it a\ ill be hereafter, by tli convulsive throbs of posterity—convu sions u'hich will baptize our children 1 their own blood! ate \ : -‘“V"’ “ “‘V ’ a “\ u -r* I soon to appear, neither assenting or dissenting, atruid t o give back to „„ ™ to speak their minds, or unwilling to . tll .* .* hazard their places? * Litmus, tree Jrom the cor,upturn and Sir, it is not without some color of reason that the President, in this pa per, speaks of the Heads of Depart ments as/tix Secretaires. One half ol them have nev er been continued by the Senate. Three oi them, usually call ed members of the cabinet, being,one hall ot the whole, were appointed last year, in the recess of Congress, and now, when we are near the end of the fittli month ot tiie session, their appoint ments have not been sent to the Sen ate for confirmation. This is a thing before altogether unheard of 1 hesi tate not to-say that this course is de rogatory to tiie lights of the Senate, and inconsistent with the intent and spirit oj’ the Constitution, it is alto gether without precedent. Other Pres idents have felt it their duty, when they have made appointments in the re cess, to send them to the Senate imme diately upon its assembling. Usually such nominations come to us the tirst ten or twelve days of the session, it Ims rarely happened that they have been delayed so long as a month. But near live months have now elapsed, IMPORTANT* Revolution —We are really on tli eve ot a revolution.—Gcncial 'jacks* yesterday sent a Message to the Sei ate ol such a nature as calls for tli loudest reprobution ot’ the America people. It the principles of that me sage be acquiesced in bv the people- it it is to be considered as a precedeul domination of monied monopolies Mr. Poindexter rose, and, in a sol emn, but evidently agitated manner, moved tliat the paper be not received In the TT „Ai remarks, he »*M- ed to a fact no( well known l„ the pub- ,| 1H ulld lulurc Vre.ident,, then lie, viz, that this was not the tirst mes- ~ sage sent this session to the Senato, the reception of which was refused. The President had once sent them a message which his mvn friends were ashamed to defend, and it was returned to him, and not received until the of fensive passages contained in it were .... expunged This, I presume, refers to ! ses”sim7o7aU‘the moneys in the .Executive message, renominating the rejected Bank Directors. The debate soon became hot &. gen eral. Messrs. Frelinghuysen, South ard, Sprague, Benton and King parti cipated in it. Mr Leigh has the floor for tomorrow. He would not trust himself to speak upon the subject to day, for he felt that he could not restrain his indignation, and he was desirous of dicussing it with the coolness which its importance deserved. Messrs. Clay, Webster, Preston, and yet these nominations are m t sent Tyler and Forsyth, are absent from th* ana* ihk ...j : .I.. , , —. J — *> . « ■■ v, — ..w... in. me wnrmesi manner nv iviessrs. j **ge, ia« power an4 »i h ht ot the Ee-j respect ot the Senate; but there isjtous. When they do como, i hope wo j City on tins exciting occasion. They tffixter, bpiague, Frelinghuysen, an the Constitution at an end—the rev* lotion consummated, and th* L live the Lord and Master of in m States. He denounces the Lennt passing the resolution disapj * the removal ofthe deposites, ci thern with violating the Constitutim and claims for the Executive the poi the tout try. to hold it under his sate keeping in the same muuner as lie keeps th other puniic property of the Genei Government. He accompanies this with a denifi ciation of the Senator from Maine, M bprague, Air. Ewing, of Ohio, an Messrs. Suutha d, and Frelinghuvse for not voting in accordance with th instruction of their respective iegisli tures? Great excitement was produced by in the Senate, it was denounced ip wannest manner bv Messrs. Poir TI the the pc i