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idem subjected to any such responsibility; and in no part of that instr >meu( is any such power conferred on either branch of the Legislature. The justice of these conclusions will be il lustrated and confirmed by a brief analysis of the powers of the Senate, and a comparison of their recent proceedings with those powers. The high functions assigned by the constitu tion to the Senate, are in their nature either Le gislative. Executive, or Judicial. It is only in the exercise of its Judicial powers, when siftingas a Court for the Trial ofl inpeachments, that the Senate is expressly authorized nod ne cessarily required to consider and decide upon the conduct of »he President, or any other pub lic officer. Indirectly, however, as has alrea dy been suggested, it may frequently be called on to perform that office. Cases may occur in the course of its Legislative or Executive proceedings, in which it may be indispensible to the proper exercise of its powers, that it should inquire into, and de ide upon, the con duct of the President or other public officers; and in everv such ?ase, its constitutional right to do so is cheerfully conceded. But to au thorize the Senate to en'er on such a task in its Legislative or Executive capacity, the in qniiy must actually grow out of and tend to some Legislative or Executive action; and the decision, when expressed, must take the form of some appropriate Legislative or Executive act. The resolution in question was introduced, discussed, and passed, not as a joint, but as a separate resolution. It asserts no Legislative power; proposes no Legislative action; and neither posseses the form nor any of the attri butes of a Legislative measure. It does not appear to have been entertained or passed, with any view or expectation of its issuing in a law or joint resolution, or in the repeal of any law or joint resolution, or in any other Le gislative action. Whilst wanting both the form and substance of a Legislative measure, it is equally manifest, that the resolution was not justified by any of the Executive powers conferred on the Senate. These powers relate exclusively to the con sideration of treaties and nominations to offif < SJ and they are exercised in secret sess’bn, and with closed doors. This resolution does not apply to any treaty or nomination, and was pas sed in a public session. Nor does this proceeding in any way belong to that class of incidental resolutions which re late to the officers of the Senate, to their chamber, and other appurtenances, or to sub jects or order, and other matters of the like nature —in all which either House may law fully proceed, without any co operation with nature —in nil which either House may lawful ly proceed, without any co-operation with the other, or with the President. On (be contrary, the whole phraseology and sense oflbe resolution seem to be judicial. Ils essence, true character, and only practical ef fect, a,e !<• be found in the conduct which it ch rg s upon the President, and in the judg in’- . 1 ahich ii pronounces on that conduct. Tim resolution, therefore, though discussed uml nlopted by the ‘einiem tis Legislative cap icitv, is, m its offic >, and in nil its charac tcn-tics, essential!' judi• i.il. Tt at the Senate possesses a high Judicial puw- r, and that instances may occur in which the Pre.-ident of the Uni'ed Suites will be urm liable to it, is undeniable. But under the previsions of the cnnsutntion.it would seem to be (qu ill Y plain that neither the President imr any other officer can he rightfully subject ed to the operation of the Judi<*t il power of the Senate, except in the cases and under the forms pr s. ribed by the • onslitut on. Tin* constiiinon de< kirns ihat “tho Presi dent, “Vice President, and all the civil officers ■“of Hu United Slates, Uiall tn removed from 4 . slice on impeachment f r and conviction, of 4 \rt I on, bribery, or other high crimes and u*i d uo i<iotß ,T —that the House of Repn scn la ives “shall It tvo the so t* power of imp* ach cieni” —that (he Senate “shall have tho sole pn w. r u» iry all impeachments'’—that ‘when si ting for 'hat purpose, they shai! be on oath “or • ffirniaii<»u” iha when the President ol “the United Suites i< tried, the Chief Justice “s'lall or, side”—hat no person shall be con “vi< led wi h t the concurrence of twothirds “•>f the members present’’—and that “judg ‘•incut <m ,l| n >t extend further than to remov “ai fro ith c, and disqualification to hold “uud<*tj'“ a.j office of honor, trust, or profit, “» ndor th* L lined States.” t he les dution above quoted, charges in sub-fam th at in eci tain proceedings relating to t.ie public revenue, the President has usur ped authority and power not conferred upon him hi the citnstibiuon and laws, and that in doing so he violated both. Any such act con stitu'es a tiigti eriinc -"lie of the highest, in deed, which the President can commit —a <*n;n< which justly exposes him to impeach ment by the ilouse of Representatives, and upon due convrcimn, to removal from office, and tn the complete and immutable dtsfran chtsv'Mtnt pres- tibed by the Constitution. The resolution, then, was io substance an impv i' hinent of (he President j and in its pas amounts to a dechtratmu by a majority of tl • >« nnte, that be i; guilty « f »n impeach üb'tc iff- •ice. As such, it is spread upon the journals of the Venule —published to the na tioii ami to the world—made par* of our en cl n t.g in hives—and incorporated n the l.is twr t 1 e age. The punishment of removal from • Hi e and future disqualification, doe* •m • - true, follow this division; nor would it t ave fuMvwed the like decision, if the regu lar fi rins of proceeding had been p .rsued. be csssv the requisite number did not concur in the r- suit. But the oi jal influence of a so lemn declaration, by a ui.ij »ritv of the Senate, that the ac< used is g-nliv of the off uce charg ed upon him, t.i- l»e« n ns > fl".dually secured, as if the like declaration had turn made upon ai> impeachment expressed in ths same terms Ind rd, a greater practical effect has been gain* d, because the vote* given for 'he re«o lutiuu, -«i anffictent to am Sorina a judgment of guilty on an impeachment; were numerous enough to carry that resol uiion. That the resolution does not expressly at ledge that the assumption of power and au thority, which it condemn, was intentional and corrupt, is no answer to the preceding view of its character and effect. The act thus con demned, necessarily implies volition and de sign in the individual to whom it is imputed, and being unlawful in its character, the legal conclusion is, that it was prompted by improp er motives, and committed with an unlawful intent. The charge is not of a mistake in the! exercise of supposed powers, but of the as sumption of powers not conferred by the con stitution and laws, but in derogation of both, and nothing is suggested to excuse or palliate ; the turpitude of the act. In the abscene of any such excuse, or palliation, (here is only room for one in r errence; and that is, that, the intent was unlawful and corrupt. Besides, the resolution not only contain no mitigating suggestion, but on the contrary, it holdsup the act complained of, as justly obnoxious to cen sure and reprobation; and this as distinctly stamps it with impurity of motive, as if the strongest epithets had been used. The President of the United States, there fore, has been, by a majority of his constituti onal triers, accused and found guilty of an impeachable offence: but in no part of this pro ceeding have the directions of the constitution been observed. The impeachment, instead of being prefer red and prosecuted by the House of Repre sentatives; originated in the Senate, and was prosecuted without the aid or concurrence of the other House. The oath or affirmation prescribed by the constitution, was not taken by the Senators; the Chief Justice did no* preside; no notice of the charge was p; ven j o the acused and no opportunity afforded hj m lo respond to the accusation, tq, mect hig accus . ers face to face, to crop's examine the witness es, to procure coi’ jteracting testimony, or to be heard in tos defence. The safe grounds and fo'mahties which the constitution has p 3nne.:ted with the power of impeachment, were doubtless supposed by the framers of that instrument, to he essential to the protec tion of the public servant, to the attainment of justice, and to the order, impartiality, and dig nity of the procedure. These safe guards and formalities were not only practically dis regarded, in the commencement and conduct of these proceedings, but in their result, I find myself convicted by less than two-thirds of the members present, of an impeachable of fence. In vain may it be alledged in defence of this proceeding, that the form of the resolution I is not that of an impeachment, or of a judg- { men! thereupon, that the punishment prescrib ed in the constitution does not follow its adop tion, or that in this case, no impeachment is to be excepted from the House of Represcnfa uves. It is because it did not assume tne form of an impeachment, that it is the more palpably repugnant to the constitution, for it is through that form only that the President is judicially responsible to the Senate; and though neither removal from office nor future di-quallification ensues, yet it is not to be presumed, that the ‘ramers of the constitution considered either or both ofthoao results, as constituting the whole of the punishment they prescribed. The judg ment of guilty by the highest tribunal in the Union; the stigma it would inflict on the of fender, his family and fame; and the perpetual record on the journal, handing down to future generalions the story of his disgrace, were doubtless regarded by th“m as the bitterest por'ions, if not tne very essence of that pun ishment. So far, therefore, as some of its most meterial pans are concerned, the passage, recording, and promulgation of the resolution, are an attempt to bring them on the President, in a manner unauthorized hv <he constitution. To shield him and other officers who are lia ble to impeachment, from consequences so momentous, except when really merited bv offi, ial delinquencies, the constitution has most carefully guarded the whole process of impeachment. A majority of tho House of Representatives, most think the officer guilty, before he can be charged. Two-thirds of (he Senate must pronounce him guilty or he is deemed to be innocent. Forty-six Senators appt ?r by the journal to have been present when th*» vote on the resolution was taken.— If, after all ’be solemnities of an impeachment, thirty of those Senators had voted that the President w.’« gu.'lly* yd would be have been ..cquainted: but byt.'re mode of proceeding a-; dop-.ed in the present a lasting record of conviction has been eotered up by the votes of twenty-six Senators, without an impeachment or trial; whilst the constitution expressly de clares that to the entry of such a judgment, an accusation by the House of Representa tives, a trial by the Senate, and a concurrence of two-thr a in 'he vote of guilty, shall be in dispensable pre requisites. Whether or not an impeachment was to be expected from the House of Representatives, was a point on which the Senate had no consti- | tuuonal right to speculate, and in respect toi which, even had it possessed the spirit of pro phechy, its anticipations would have furnished no just grounds for this procedure. Admitting that there was reason to believe that a violation of the constitution and laws had been actually comitted bv the President, still it was the duty of the Senate, as his sole constituional judges, to wait for an impeachment until the other House should think proper to prefer it. The members of me Senate could have no right to infer that no impeachment was intended. On the contrar*’, every legal and rational presump tion on their part ought to have been, that if there was good reason to believe him guilty of an irrmeavhable offence, the House of Repre sentatives would its constitutional du ty, by arraigning the offender before the jus •jee of his country. The contrary presump uon w ould involve an implication derogatory • o the integrity and honor of ‘he R »prescn’a tt»r« of the PennJe. B’V c *’?no 5 <j the 9U«pi- cion thus implied were actually entertained, and for good cause, how can if justify the as sumption by the Senate of powers not confer red by the constitution? It is only necessary to look at the condition in which the Senate and the President have been placed by this proceeding, to perceive its utter incompatibility with the ptovisions and (he spirit of the constitution, and with the plainest dictates of humanity aud justice. If the House of Representatives shall be of opinion that there is just ground for the cen sure pronounced upon the President, then will it be the solemn duty of that House to prefer the proper accusation, and to cause him to be brought to trial by the constitutional tribunal. But in what condition would lie find that tri bunal? A majority of its members have al ready considered the case, and have not only formed but expressed a deliberate judgment upon its merits. It is the policy of our benign systems of jurisprudence, to secure, in all cri minal proceedings, and even in the most trivial litigations, a fair, unprejudiced, and impartial trial, Jlnd surely it cannot be less important, that such a trial should be secured to the high est officer of the Government. The constitution makes the House of Rep resentatives the excluseve judges, in the first instance, of the question, whether the Presi dent has committed an impeachable offence. A majority of the Senate, whose interference with this preliminary question, has, for the best of all reasons, been studiously excluded, anticipate the action of the House of Repre sentatives, assume not only the function which belongs exclusively to that body, but convert themselves into accusers, witnesses, counsel, an ‘l judges, and prejudge the whole case.— Thus presenting the appalling spectacle, in a free state, of judges going through a labored preparation for an impartial hearing and decis ion, by a previous ex parte investigation and sentence against the supposed offender. There is no more settled axiom in that gov ernment whence we derived the model of this part of our constitution than, that “the Lords cannot impeach anv to themselves, nor join in the accusation, because they are judges.” In dependently of the general reasons on which this rule is founded, its propriety and impor tance are greatly increased by the nature of the impeaching power. The power of arraign ing the high officers of Government, before a tribunal whose sentence may expel them Irom their seats and brand them as infamous, is em inently a popular remedy—a remedy designed to be employed for the protection of private right and public liberty, against the abuses of injustice and the encroachments of arbitrary power. But the framers of the constitution were also undoubtedly aware, that this formi dable instrument had been, and might be abus ed: and that from its very nature, an impeach ment for high crimes and misdemeanors, what ever might be its result, would in must cases be accompanied by so much of dishonor and reproach, solicitude and suffering, as to make the power of preferring it, one of the highest solemnity and importance, It was due to both these considerations, that the impeaching pow er should be lodged in the hands of those who from the mode oftheir election and the tenure of their offices, would most accurately exuress the popular will, and at the same time be most directly and speedilv amenable to the Pcoule. The theory of these wise and benignant inten tions ts, in the present case, effectually de seated by the. proceedings of the Senate The members of that body represent, not the Peo ple, but the Senate; and though ihev are un doubtedly responsible to the States, yet, from their extended 'erm of service, the effect of that responsibility, during the period of that term, must very much depend upon their own im pressions of its obligatory force. When a body, thus constituted expresses, before hand, its opinion in a particular cnse, and thus indi rectly invites a prosecution, it not only as sumes a power intended lor wise reasons to be confined to others, but it shields the latter from that exclusive and personal responsibili ty under which it was intended to be exercis ed, and reverses the whole scheme of this part of the constitution. Such would be some of the objections to this procedure, even if it were admitted that there is just ground fur imputing to the Presi dent the offences charged in the resolution.— But if, on the other hand, the House of Rep resentatives shall be of opinion that there is no reason for charging them upon han, and shall therefore deem n improper to prefer an im peachment, then will the violation of privilege as it respects that H<>use, of justice as it re gards the President, and of the constitution, as it rela'e- to both, be only the more conspi cuous and impressive. The constitutional mode of procedure on an impeachment has not only been wholly disre garded, bui some of the first principles of na tural right and enlightened jurisprudence, haCc been violated in the very form ot the re solution I* carefully abstains irom averring in which of “the late, proceedings in relation to “to the pub»’.’<* revenue, the President has as “sumed upon h’mselt .luthority and power not “conferred by the constitutution and laws.”— It rareful'y abstains i' l '™ specifying what laws or what parts of the constitution have be* n violated. Why was u>t the certainty ot the offece—“the nature and raust? ot tne accusa tion”—set out in the manner required in the constitution, before even the humblest indi vidual, for he smallest crime, can be exposed to condemnation? Such a specification was due to the accused, that he might direct hi defence Io the real points ot attack; io the People, tnat they might c learly understand what particulars heir iri-ltiunons nad been i violated; and to the truth and certainty of <» r public annals. As the record now stands, I whilst the resolution plainly charges upon the President at least one act of usurpation m “the late Executive proceedings in relation io the public revenue,” and is no trained that those Senateors who believed that one mu n act, and only one, had been commuted, could assent to it; its language is yet broad enough to include several Such acts; and so it may have been regarded by some of those who voted for it. But though the accusation is thus comprehensive in the censures it implies, there is no such certainty of time, place, or circumstance, as to exhibit the particular con clusion of fact or law which induced anv one Senator to vote for it. And i» may well have happened, that whilst one Senator believed that some particular act embraced in the reso lution, was an arbitrary and unconstitutional assumption of power, others of the majority may have deemed (hat very act both consti tutional aud expedient, or if not expedient still within the pale of the constitution. And thus a ma jorily of the Senators may have been enabled to concur, in a vage and undefined accusation, that the President, in the course of “the late Executive proceedings in relation to the public revenue,” had violated the con stitution and laws; whilst if a separate vote had been taken in respect to each particular act, included within the general terms, the accusers of the President might, on any such vote, have been found in the minority. (Concluded in our next.) —Painful, and even melancholy as it oftentimes may be, how frequently does the mind have to turn back uuon the scenes that are gone. How often are the thoughts drawn, insensibly as it were, from the dark ness of the future to the twilight of the past— to scenes that but faintly glimmer through the cold and sombrous laps of days and months and years! a pleasing melancholv comes over the full soul, as the green spots on the desert of life come up before the eye of the imagina tion, and ties as strong as those of “first love” binds us unconsciously to scenes where once centered all our joys. Such nre the re miniscences of childhood and youth; such are the forms pictured upon the sunny surface of t ie past—when the heart beat jealously—when every path was strewed with flowers—-when all above was cloudless skv—and when all n ■ round us was sunshine! If ever man enjoys happiness, it is in the springtime of life, when his hope first begins to bud and blossom. To his illusive eve the future appears bright as the visions of an elysian dream. But soon the frost of disappointment comes, old age “steals along w.th silent tread”—andj all but the recollerton of enjoyment perishes. Still memory like every thing else connect ed With our worldly enjoyment, has its pleas ures and its pains—its joys and sorrows.— Ihe latter too often hold a melancholy pre dominance. Memory’s page is the record of events which have marked our chequered course of life. Itisthat “simple, unvarnished tale of truth,” which reminds of the joys or sorrows that are passed— — ■■(lf hopo deceived— Os laded dreams of bliss; Ofjoys we vainly had believed Were tn a world ho drear as this.” It tells os when pleasure “led its captive at her car,” and when youthful hope, “the music of the mind,” turned to all its charms. The tenor of our past life may have been almost unvarying, vet moments of sadness have some times interrupted its evenness, and the mem ory seizes upon us like a dizziness upon the brain. Some object around which our hopes clustered, may have vanished when almost within our grasp. We felt the keenness of .disappointment, and even now the remem brace brings sadness to the soul. We may have seen the grave close over those whom we loved, and that grave seemed the sepul i rhre of our hopes! It is human nature—it is | venual weakness. Contentment.— Few men seem to be entire ly happy in the situation in which they are placed- The poor man imagines that if he possessed riches he should be contented and happy The rich, in the midst of his posses sions is often weary of a world that has no new ex< itement to offer; fretted by ten thousand claims on his generosity, embittered by in gratitude, and si kened by the heartless flat tery of contending heirs. The uneducated man envies the idol of literary fame; everv thing seems bright and golden in his path, and he does not know how often the darling of popular favor mourns for the peaceful spirit of the unambitious, and the untroubled faith of the ignorant; how often he despises the friend ship which he sees but of temporary impor tance —and bow in very heart-sicknes he sinks from the publicity which the world will heap upon mm, and the rancorous animosity it is sure io bring in its train. Content is the whole of wisdom, the amount of all philoso phy. Every class of mankind lias an equal share of happiness, and if we do not believe, it is a m"re distinct knowledge of our troubles than anv others. We believe that if we would change places with the wealthy and celebrated, we should avoid restlessness and languor; but we deceive ourselves. Mortals cannot es cape mingled destiny. For wise purposes there is a drop of bitterness al the fountain— it mixes wilh all the waters of life, whether we drink from an earthen or a golden cup, we cannot escape our portion. Adversity.— The truly wise man will neith er rashly brave nor meanly (weaklv) shrink before difficulties or dangers. To be appal led or ptmlyzed thereby is a proof of weak ness. Impediments to the straightforward pur-ui's of man are absolutely nece.-sary to his welfare. What would be the bound of pride and folly, if misfortune and suffering no longer warned us of the error of our ways? Without adversity, our faculties could not be til v elicited or drawn forth. It is the all contending therewith which realizes the greatness of character, and winch forms enper>or principles of man. If we were fully alive to our own interest, wo should neither wish nor desire universal prosperity—hut pa* tiently resign ourselves to be check by mis* fortune and guided by distress. These are the reins by which Piovtdence governs every in dividual. Providence both does and will con-' trol and direct mankind. There is an univer sal energy which never sleeps, which, without the necessity of thinking or deliberating, con* tinually impelling every thing to good (itself is good.) However clever a man may appear, ho cannot resist this influence, however wise he think his plans, however good his INTEN TIONS, they, will be scrutiniz’ d by a power* superior to thought, and controlled by a prin ciple higher than opinion. No man ought to be surprised that he cannot realize his wishes, that his projects do noi answer? but we ought to learn thereby, either that we are attempting to realize something which if sucessful, would not be to our ultimate advantage; or that wo are endeavoring to accomplish the same by improper means So far as the designs of' man are consistent with superior Wisdom, they will succeed, but no further. Poetry and Eloquence.— P dry is the na tural fruit of solitude and meditation—elo quence, of intercourse with the world. The persons who have most feeling of their own, if intellectual culture have given them a lan guage tn which to express it, have the highest faculty of poetry —those who best understand the feelings of others are the most eloquent.—- The persons, and the nations, who commonly excel in poetry, are those whose character and tastes render them least dependent for their happiness upon the applause, or sympathy, or the concurrence of the world in general.—. Those to whom that applause, that sympathy, ’bat concurrence are most necessary, gener ally excel most in eloquence. And. hence, perhaps the French who are the least poetical of all great and refined nations, are amongst the most eloquent; the French, also, being the most sociable, the vainest, and the least self dependent.—Monthly Repos. RECORDER IND SPY 11. COBS & MT. 11. GATIIRICIIT, Editors. AURARXA,‘Beo. IVZA'S’ 10.1834. We are authorised to say that » meeting of flic IMOV AMI STATE IS WHIMS PARTY of Lumpkin County, will be held at Dah» lohnega, on the Ist Tuesday in June next* The President’s Protest. We commence the publication of the Presidents Protest against the resolution of the Senate, charg ing him with assuming power to himself, not dele gated, either by the laws or Constitution, and re commend our readers to a careful perusal of the same. The proceedings of the Senate in the pas sage of the resolution above referred to, was un questionably, corum r.on judice, anil in its results can have no other effect, than an increase of ex. citoment in our country. The Senators who voted for the passage of the resolution, have as all olher individuals, the right to express their opinions in respect to public measures and public men; but when they do so, let it hr* done in their individual capacity, and not in their official capacity, unless the case comes before them in the manner prescri bed by the constitution. They now complain that the President is travelling out of his duty, in at tempting to file his protest, for doing rhe very act which they have done; with this exception,that the protest is mild an ‘argumentative, whereas the re solution contains a direct charge of assumption of power, from which we mav legitimately infer, wil ful usurpation. We are constrained to the belief, that the moving objects of this resolution was. first, to render the Administration unpopular, aud se condly, to add numbeis to the bank party. The people should look to this matter and decide for themselves, whether they send their members to Congress with authority to expend the time and money of the people, in pouring forth abuse upon other departments of governmenr. We think it but sheer justice to the President, that his protest should be entered upon the same record which contains (he accusation, ur let the resolution be ex punged from the Journal, and the President with draw his protest. FOR THF. RECORDER AND SPY. Pursuant to adjournment a meeting of the Citizens of Lumpkin county, was held at Tah launeca, on Tuesday the 6th inst. to take into consideration the report of n Committee pre viously appointed, to enquire into the condition, ol the Farmers Rank of Chattahoochee, as far, as practicable, and the propriety of recom mending to the community, a free circulation, of its Bills; Isaac R. Walker, Esq. Chairman,., and H. B. Shaw, Secretary. The Committee presented the following Preamble and Resolutions, which were adopt ed without a dissenting voice. Whereas, the Farmers Bank of Chattahoo chee, did, in the days of her greatest prosper ity, establish a Branch Bank in the county of Habersham, and did accommodate many citi zens of the up country to a considerable ex tent, and did thereby evince a disposition to accommodate this section of the State; and whereas the said Bank has been struggling against great difficulties and is about as we are informed positively to surmount them, and *0 believe said Institution to be perfectly solvent, as reported bv us present and late Cashier, and that it will very shortly redeem all its Btll«; and wbercaa we know it to bo greatly to tba