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THSKTl-FOI KTII CONtsBES*.
CE< ORD • MKIO*.
HOUSE OF REPRESENTATIVE®.
Mo*dav. J*n. 9. 1KT7
Jkditim of Slurry ill ®b Out nrt if Ca/nmhia
Mr. ADAMS offered In present the petition of
■on* bundled mtd fifty women, wlmm be stated to 1m*
the wive* fend daughters of hi* immediate Miiitit<i I
rut*. piating forth* abolition nf slavery m tin* Di»* |
trirt of Columbia ; and moved that the |* istioti be i
read.
Mi. GLASCOCK objected tn its reecpimn.
Mr. ADAMS Mid that, in referenre »«• lhr rccep- 1
linn of the petition, he did nut know(but fel. nf m.y 1
Observations to make. except thut h*C"fi»n , <-i< <1 il* •<
thr nhlifation rested oil tin- lfl"tii>c to #.ntin*
-petition, and lie frit lumarlf hound ‘by hi» duty t« ;
J»rr»rnt It.
Mi • BOON roar to a question of order lh* w«*»»UI
in«|inr<* whethei, under the rule, a |»«*liti<ui could hr |
debated on the d.ty of its presentation *
The SPEAKER said that, under the derision
made at the last sct-mn-of Conge *-.. .**<1 who'll had ■
been sanctioned by a large majority nf tin* 11'Mim .
the question of '*rece|»tiou” nnumt mrlndrd in the I
4 r »th n®e, and that then-fore it wn« ih-bateahle at
time the pehttim ««« i*t<m-ui*.1
Mr. ADAMS said lie hnd not expected (lent any
objection would have been mad - the lereption nf
this petition; inasmuch aa nur pc'imoi a emiil.tr ■
character, presented ny hinwll. had already been
terctved. At the laid session «*| Congress, after
murh ronaidrration and drh.-ite. it hail l»-eu derided
as formally a* any thin* Amid !*•■ that petitinna nf
this description should lie reei-iv < d ; slid the ll"ii,i»,
had mailr a apertal order nalnthr manner in which
they *)*wdd he treated after they had been received.
He considered that that preredent \v a* pond, nt |ea»t ■
so fur a* that the im it inn should he n'.nrtd I «
d*ri#inntnf the limn* at fire la* - w n'mi i f ('•
gi ess went quit* far cit'iogii tow id* sij|-pr«*»-i . t •
right nf |>otilinM infill mill'll* ; amtijni . I. i . 1. ■ . <■
towards the unpiwcspuiu nt tin* freedom „( »,n ei i
in this H'NM!. ‘ft proposed umv m g«» one at* p !
further: the aintinilfil the g« a ntl<*inaii fimm Georgia
went tn eettle the «pie«iinn, that n jieiirinn *•* inter* '
endue and l in port ant aa the ene under discussion
Could not he presented end -dionhl Hot be received— '
a proposition direetlv in the lure of ihe Cioisfiliitmn
itself N n »\ . lie ||n|M*d that the IVnpIr of ill IS mil II-
Ire would he spared the luortificnlioii and the injus
tice nnd the wrong whirl* wouid he inflicted np«*n
/Ill-in hy thru narnediitle re|.rr-eotatives, by a dccis-
ion thaleurb petitions*hoidd not he received. No
sitrh example hud been given. It i\n>, indeed, true
tint all discussion, all fresdnm * if spree h, all free-
doni of tfie press, online sub|ei*t. hurl, within the |
last twelve inniillis. |»eeii violently ustailed; and us- •
suded, too, in every form in winch the lihertice of
the People could he assailed. This was the truth, i
He had iiiiaentnl the derisions nnd termination of I
the House at the last sessnni nf Congress, even so
far a* they went. He considered them as outrages
on the Constitution of the country and on the free
dom «f the People. The presriit prnpnoilimi pn»- !
posed to go one step further, lie Imped that step
would imt he taken, and that it would tint receive I
the sanction of that House, it was alxvnvs in the I
power of the House to reject petitions, after they j
imd been considered ; nud the House, hy a large j
nnd overwhelming majority, had given evidence .
enough to the country that they had no disposition !
t*» favor petitions of iliis character ; that they were I
eeady, too ready, to slate their views, nfainsi soeh I
petitions, nml tore|ect the nraver ot'ihem Among;:! j
the outrages that would he endured hy that |»orti«ii
■of the People of this country whose aajiirnfioiis '
were raised to the «reatest iinproveinent »htif i iiM 1
possibly be effected in the condition of the human
race—the total abolition of slavery on earth—that '
of rulumiiy was one nf the moat glaring Their pe
titions were not only to he treat' d with contempt ns ;
nt the last session of Congress hot the petitioners i
themselves were lobe loaded with foul and iufamotia |
imputation*, poured «*p«n a class of eitirens a« pine |
and as virtuous as the inhaliitnnt* of nny section of !
ill** f nioii. Such, he had ao doiihr, were the pen* I
(toners whose names were appended to the present
|trillion. They wtrrfemitlrs To men animated {
hy that sentiment which does honor to Immaii tin* j
tore, this fact alone, in his opinion, wa* a recommen* !
dan.mi for the reception of the petition.
lie had satd that the petition waa signed bv one
hundred nnd fifty females; the wives nnd dnuglitcm
of his unmediiitc constituent*. They were, ninnx
■of them, sisters nnd iinMlu pa of Ins onastitueuts. |
Every member of the Hoiwe, suid Mr. A., has, or '
■had, a mother: and he apwenl- d to the fesdings of I
every member to so v whether, in the whole class of I
h-iman affrctions, there wne one eeutiiaent more |
Itwiiorahle. or more diverted of earthly alloy, than \
that »x Inch every man uiimt entertaiii lor his mother.
I.et him put n case, and, suppose that the own moth- 1
er of any member of the House wna one of the pe
titioner*. He (Mr. A.) would ask ilia? meinhei !
whether lie wnuhl reject and turn the pi tition out of
doors, and say that lie would not even hear it tend !
The petition was peilcc.Uv respectful in Ms terms ]
and language; it consisted of nothing mote ilia 11 ;
four nr five lines, which could In* read in half a j
minute. What' said Mr. A. do 1 speak to men ? |
nnd «h* they say that they will not even listen to n I
petition coming from such a souice? What had lie, j
<»r this House, to fear from femnh- petitioners * Were
■in*iii rectum, nml bloodshed, and slaughter to be ap
prehended front the petition nf •co/tm * There was
no aucb disposition ; their u ns nothing of an intlniu*
mntory charnetcr or tendency coin.lined in the peti
tion itself. He Imjted that the gen.leinnti who had
•objected to its reception would withdraw his objec
tion. lie hoped so, for the sekr of that gentleman's
character as a man : for the sake of Ins character ns
a son; and he Impsd that no ■cn»eh‘*s nr cowardly
viitlnence would dater that gcutlriuau from doing
justice In ibest females, so far as to allow the peti
tion to he teceivrd withmit objection.
Mr. CL\^nO('K said it was xxrll known what
p---.ru i * l'ini taken on tin- question diiritig the ( I
]n-.'s<***:w t (,'oiigi•■«« ; and r, on the present oc-
i. • i. ie were to accede H* the proposition of the
gentleman from .Ma^sarhuscits winch, however, he
had no dM>pn*;lutn tu do, it would he inconsistent
with, and an entire nhatulaiinicut of, the principle
whieh, at that tuue, he aud those acting with kmn i
bad assumed. Jii reference to the lem.iie petition- I
era, to whom the gentleman had aoeloqiieatl) nllud
ed. he xxouhl say that no man would show or pay ‘
higher regard to a petition coming Iromeuch a quar
ter, «*it a pm|M-r sahject, than he (Mr. (i.) would
•how. But, fioin the course pursued, and the scenes
preaentel at Ihe last n-nioii, aud from indications at
-the present, it was time that all those members of *
the !!••u■e, who hrlietwd they had the coinUilotional
right to reject these petitions, slomld now eiereiee
that privilege which-they conceit ml to he eecured to t
them L-y the CoiistltuRon, and to have thru votes re-
corded against petitions of tins rharai ter.
If thia were a new subject, upon which the sense
of thie House had never been taken, nml a petition,
•vtuxualmg from*och s source, had been presented,
be would have responded to i» as promptly as any
member on the floor. Ibit did not the gentleman
4mm MaeeaelHieetts know that, evon if tin* petition
bad been received, it wewld, by the almost utiaui-
mous vote of the House, without bring read, aud
without actum of any kind Iminjr had upon it. In
laid upon the table. where, aa liie gooilemau him-
sell hafl once said, it would sleep •• in the tomb of
ell the Cupnlets.' It was indeed true tin. I tin- peti
tion had emanated from wives, and mothers, and
daughters . hut he most say that he doubted very
much whether all petrtiooa of this nature were imt
presented for effect «*f same kind or other, and that
these females were improperly influenced hymen
in ike cnnimnnity ill which they resided. The gen
tleman bad saiu that thane who Imd mothers and
daughters <mwlrt to pay some reyraid to this petition,
otherwise it would he tn treat them, iw it were, with
di*rr«|»ect If lie (Mr tj.) were situated a« was the
grutUman frsm Massachusetts, had se«xn the many
votes which had hern taken on this subject, nnd been
a witness to the «iriieineMl w lit* Ii Imd been produc
ed by taeaus of simdar a indication/. Ins (Mr. ii's.)
language to a mother and a daughter would have
Eecn vary ihflen o\ I'mm the iaugimge of that gen
tleman. He (Mi (I.) would have told them that
their petition might b* jutt and right, according to
the view• of those by wboaitlu y were immediately ,
surrounded, yet that they ought nm to raise their !
voice# At this time ; that thew petitions were cn-nt-
ang an etertrment which ought to Imp put down, and
be would advise them »«• pause m their course. Dot
the gentleman from MneoacUuoert*. in nppt-aling to
the feeli-iga of the llwooe, sop|H**e that the I'rople
«»f the 8'ioth were not ao much entitled to sympathy
au thioe who wise leas delicately |dxci^|* In the
mmd any eeflseiiug man, could aov good result
from the roe e pi m ii nf these petitions* Th«v weie
amt to he acted upon, and on good could result from
their peroeiitainoi. though evil might.
The gentleiosn fiom Massachnsrlts hvd lh«*oght
proper to admtw lom. (Mr Q.) f«r the sake id*Tim
character as a man to withdraw lo* object mo. I
Were he lo do so, he w no id pnive rer reant imt onlv
to kie own feelings, b it to the Ac 1 mgs „f thousands
win. emit hint hers, and *hn»« inleveela U repre-
aentrd. Hiesnly object was. that th-.sr who agreed
with him tlmt the petition should not he received, i
"“I** 1 an opfmrtanitf of veenrding their votes’
•ad sf showing what thew (nurse w ,« i« b« lie '
wished to have a voteoti the direct question, " Shall | ileinanfmin Masaachueette; hut lie (Mr. C.) thought |
the |ietiiion l»« received t" #« that those whr believ- ! there was an important principle involved, which j
ed they had the constitutional right to ieject it might, | ought to he decided. The House must either ?»' *• .
hy their vote, record that opinion on the journals of a man the right to read every thing ha liked, or they
the House. must restrict him in every instance, jfe could nut >
Mr. I*ARK® said that, believing this discussion withdraw liis objection,
could h»-productive of no good, hut might hr pro- I he point of order vv a« debated further hy Messrs,
diictive of' evil, he would move that ihe prrlmiiuary BKItitjrt, IIAKI'I.K, < IIA.MBEKS, and ADAM>, j
nioto-u on the reception of the petition he laid on the latter gentleman contending that, nm-much •- \
tne t.ible. j the whole petition was in five lines, he could not f
In reply to an inquiry from Mr. Glascock, the himself give verbally a more •• brief statement of
HpkaBIA said that the effect of this motion, if car- the contents" than the petition yselt gave,
ried, would be simply to arrest ihe actum «f the J The HPEAKER presented, in writing, the sub-
llonse on the petmoi, and not to lay the pelimm it* stance of Ins decision, that it was not in order for a
n il' on the table. member to rend the whole petition if objected to. !
Mr. HEED called (or the yens and nay* on that hut that lie li.ul only the light to make •• a brief,
luoium; w Inch were ordered, and being tnkru, w ere, statement nf the contents thereof,
yeas CIO. naysOU. Mr ADAMS said lie proposed to withdraw his !
Ro the preliminary motion wn« laid on the table, appeal in order to save the time of the House, if j
.Mr AD VMS said that, if he had understood Hie the gentleman from Kentucky would penult him to
deeinon of ihe Hpeaker in this case, it was not the complete Ins • brief statement nf the contents’ of t
petition itself which was laid no the table, hut the the petition It wa-*. indeed, so hr.ef, that to read ,
motion to receive. Now, in order to save the tune the petition in its own language whs Bin briefest |
of the House, ho wished (ogive notice that lie sln-uld statement that could be made.
call up that motion for decision every (Jay ■<» long as Mr. A. then rend from the petition that the peti-j
lie should he permitted to do so hy lint House-■: he- turners •• respectfully aninmiired their intention to
cause In- should not consider his dfetv acc.omph-heJ present tin- same petition yeaily before this honors* :
so Ion* .lathe petition was not received, nnd so Ion* hie hmly, that it nn-jlit nt least he a memorial m the |
ns the House hud not decided tl.-g it would noire* Indy cause of human freedom, that they hud dune
reive it This was an operation fen which he could what they could.”
not consent. These words were read amidst tumultuous eric*
Mr. PINCKNEY rose to a question of order, and for order from every part of the House. Ana order [
iiuiiiired il there was now any ipifalioii pending he* having a* length been restored,
foie the House. Mr. ADAM® w -thdrew Ins appeal.
The SPEAKER said he had understood the gen- The question then lecurred on tlm objection of,
th man from Massachusetts as ntrtfply giving notice Mr. HEAMUOrK tn the reception of the m tit ion.
of a motion hereafter tu he made; In doiogso,it After some remarks from Mr. DAWRON. depre-
««*i tuisil v was not in order to elites into debate. cisting any evruciurnt on the subject, nml oondemn-
Mr. ADAM® said that, so l ag ns freedom of mg, in strong terms, the conduct of the fanatics in
s|H-i*ch was allowed to him «s » member *•! that agitating it.
House, he would call up that queaQini until it should . Mr. A M ANN said that, as this question had
lt<- decided. | hern most fully discussed nt the Inst res.uuu of Con* '
Mr. Anvus was railed tn order. ' gross, nud ns the House Imd at that time resolved
.Mr V said he would then have Ihe honor of prr- that these petitions should he laid uu the table whil
st tiling to the House the petition of women, the ; out being referred or printed, he would, to save the
win « nud daughters of hi* immediate constituent*; | time of the House, mil lor the Previous Question. |
aud. ns a pait nf the speech which lie intruded to , And the House seconded the cull—ayes 114, line* j
make he would take the liberty of rending the peti- • tail counted
lion. It w ns not long, nnd would not consume murh i Ami tin- House determined that the main question
time. should now he put.
Mr GLASCOCK objected to the reception «f the I Mr. PHILLIP® culled for the yens nnd nays on
I trillion. the mam question, which were ordered.
And the main question •• Shnll the petition he r~
, :u there it no such constitutional privilege,
i only effect my purpose hy thim addressing
value of tucii a provision, however formally or
carefully it might have been inserted in the hotly
of that instrument
But
1
the Senate ; and 1 rttc, therefore, to make that
PROTEST in thin manner, in the face of the
Senate, and in the face of the country, which 1
can not present iu any other form. ,
I sju ak iu my ow n behalf, ami in hehklf of my
colleague ; we both speak at Senators from the
State of .Massachusetts, and. as sueli, we solemn
ly Phutkht against this whole proceeding.
We deny that Senators from oilier States have
any power or authority to expunge tiny vote
.Mr. A- proceeded to rend that the petitioners, in- !
habitants *»f South Weymouth, in the Stale of Mas- '
sacliusrtts, impressed with “the sinfulness of slave* ,
ry. nml keenly nggrieved hy its existence iu n part !
of nurroiintry over which Congress” —
Mr. PINCKNEY rote* tu a question nf order.
II id the gentleman from Massachusetts a right, uti* j
der the Rule, lureiul the petition T
The SPEAKER said the gentleman from Massn*
chuselts h vd a t'ght In make a staleiueut of the con
tents of lli« petition.
Mr. PINCKNEY desired the decision of the
Speaker as to whether a gentleman had a right to
rnul n petition.
.Mr. AD \ .M® said lie wa* rending the petition as
a pnrt of Ins speech, nnd he took this tu he one of
Ihe privileges nf n member of the House. It
privilege w hich he w ould exercise till he
ed of it hy some positive act.
»then taken, and decided in the allirm-
C HAM HER® insisted on his point of order,
nttd the St-v.xsva ngnin, with great earnestness of
utnttuer, told the gentleman from Marnnchusctts In
lake his seat.
Whereupon Mr. A. yielded the floor.
(Tin- confusion in tin* llnll at this time wna so
great that scarcely a word could he heard hy the Re
porters. 1
Mr. CIIAM BF.KS thnu stated his point of order.
The rule of the House provided thatevery member,
on presenting n petition, should slate hriellv the sub
stance of it. Could that rule hr evaded hy any gen-
llrmnn who chose to avow that he would rend the 1 tnhstitnte a
petition ns a part of his speech f lie would he the ( ,|,j ert ,,f which
last man in the world to disturb any gentleman in but nil others of i
his rrmnrks, hut he thought this course rntiiely out , q,,, tnlsls*. I
of order. that effect.
The HPEAKF.R rend the rule of the House ap- \j r> HAYN'K®
Mr. ADAMS moved that it he referred to the
Committee for the District of Columbia.
The SPE\KEI{ said tin- motion to lav outlie
(aide had precedence ; nnd Mr. ADA.M.S called lor
the vena nud nnva on that motion which were order
ed.
Mr. PINCKNEY, inquired If the motion nf ill*
gentleman from Georgia (Mr. Haynes) was suscep
tible of amendment.
The SPY. \ KER said it was wot.
Mr PI.\CKM.Y asked the gentleman from Gn.
ithdraw Ins umtinn, in order to enable him to
*mprehen«ive proposition; the
s. that not only this memorial,
milar eharacter, should he laid
vislu-d to offer n resolution to
. if his motion wn« susceptible
plicnhle to the question. It is ns follows: , n f »urh H n nuiendmcut, he wns w illing it should hr
•• Hair 45.—Petitions, mouiunnls, nml other papers
lo III. Ilona,. .hull hr |in-.rnlnl ky ill, Th, SPF.AKKR »niil llml .u.-li an amfmlmcin
Speaker, nr hy n member in his place; a brief x%j»* not m order.
statement of the contents thereof shall verbally In- And tin* question on the motion to lav the petition i
made hv the introducer, nud shall not lie debated or „„ ln |d P wns then taken nud decided iu the af '
derided uu the day nf their being first rend, unless tirmstive ns follows: *
where the House shall direct otherwise, loil shall
he on the table, to he taken up iu the order in w hich
they were rend.”
The SPEAKER said lie would give Ins decision
■ I* it should he insisted on; hut lie thought murh
Mine ought he saved hv not ptessiug a derision at
tins time ; tire a u«c he umlriatood that the gentleman
fioni Mnssai htta*tis had gmiei through the greater
part oi the contents of the petition.
Mr. CHAMBER® said that Ins objection wna as
the j»rinny/r. whether a member had a right
YEA®—Messrs. Anthony, Ash, Barton, Bean. I
Bell. Black. Iloekcc. Boon, Hover, lloyd. Brown, j
Buchanan. BiiiicIi, Bums Bynum. John Calhoun.
Cnmhrelcng. Campbell, Car. Cutler, Ca-ev. G. j
Chamber*. John Chambers, Chancy, Chapman. >
Clmnin, Chet wood, Nath. II. Claiborne, John F. I
II. Claiborne, Cleveland, Coles, Connor, Craig,
Cramer, Cuslonan Davis, Deberry. Doubleday, j
Diomgoolc, Dunlap. Elncr. Elinor**. Fautiel-I. I’ar- .
| Im. Forester, F«»w h-r, Frenr h. Fry, Fuller, Galbraith.
James Garland, Rice Garland, Gillett, Ulioleou,
d of such n thing. If this prnetiee
was to he reversed, let ill* decision stand u|H»n re-
eord. nnd let it appear how entirely the freedom of
speech was suppressed hi tins House. If the read
ing ot a pa|M-r wns to he suppressed in his own |ier-
sou, so help him G«*d, lie would only consent to it
ns a matter of record.
The SPEAKER repented the gmunds nf hi* de
cision, nnd in suppmt of it. read front Jefferson's
Manual a clause setting forth, in substance, “that
a member had no right to read a paper, hut that fch 1 fortv inhahitauts of the t
,Evan«. Everett. Granger. Ilale\. Ililaml llall, !
Hardin, Harper, 8. 8. Harrison, llnzelline, lien- ,
derson, ||ci«ter. Hoar, Hunt, logeisoll, lugliaui.
Janes. Lawrence, Lincoln. S. Mason. McCarty. !
McKennan. Milligan Parker, D J Pearce. Pear
son. Phillips. Polls. Reed, Russell. Slade. Sloaue.
8pr.igtie, 8torcr. Yniton, Wntdwcll, E. Wlmtlcrev
—50. |
8o the petitinu was ordered to lie on the table.
Mr. ADAM® then presented a third |tetitinn, from
f Doxer. in the coon-
ligor was not practised except there xvas nil tulen-
tmnnl or gross nhnse of the time *»f the House —
Stnctlv, also. I,y that rule, a member could read his
ow u speech if w mien,” Ac. The ®|H*akcr sanl Ins
decision was founded mainly uu the 14th rule of the
House, which required that a ” brief statement of
the contents" should alone he made. lie was of
••pinion that it was an nixasiou ol'this rule to permit i Mr Taxl<
n member, aa a matter of right, to read anv paper 1 *~‘
he chose lo (ircsciit, as a part of that brief state- |
•went
Mr. P VTTON rose to express his concurrence
in the dr* ision of the ®peaker. He thought, how 1
ever, it xxouhl have been better not tw have raiM-xl l
the iiiirstuoi in this form because, substantially, the |
g*-nih-msu from Massacliusclls woo'd effect los oh ,
j
ty ol Norfolk. Massachusetts, praying for llie
ltu«»n ol slavery ami the slur trade in the Distm t
*»t I oluinhn; and unwed that the petition he trail.
Mr. l.\\\ 1.1‘R objected to i<* reception.
A debate followed, in which Messrs. FNDER
'VOOD. REED, and RYNI M paniripatr.l
Mr B had not eoueluded, when he gave way to
r Tavlor, on whose motion
The House adjourned.
I* ®E*ATit. January lfi.
THE EXPENDING RESOUTION.
MR. WEBSTER'S PROTEST.
The debatehaving closed, and tin- questiuti
being about lo he taken. Mr. \YF.H8TER t
,l-it m Im- drhMrihl.. II, ihonghl >i wmihlhiWM.! -* ,r '. . r,HIM ilu-1 rulli nn.l Ju.lin- of]
ter not tnconsNUte the tuue of the House m the dia- • *''• ••‘tgitial rctolutinn of the Senate, and ti|H>tt i
rosaion, ami he hoped the gentleman from Keutuc- lh p authurily of the Senate t*i pass that resolil- I
kv (Mr I'hamhsrsl \xouhl wubdrsxv his nbjertiou, linn, I had an op^nirturnty lo express my wpui t
,,Ml.""t | iln-i.Hik nf Il.n '-h.rt it,II. I! » •iih.ciiucnl iwnntl. » hi ll th, I’rr.idmil'.
I II Will. UK Mk|MllijMii pn.lct «it h,f„r. Thm. r.m ini
In .|.,,-.l tn Mm inivnil ittwria il. B-Uh. aliMgritiw Uiirii.ii.,,1
geutlrmaii from \ irgu.ia (Mr Pa’ton) w as mistaken . , . , .
as to.br pi arm al effee| mf the M ,m-tmn whirl; he ,he J®iislil»|MMi •scored the j
(Mr Cl had raised A memlo-r emild not do by a *** ° rn,r r"»K • *«*TI 'ton ill* journal. I .
sidewind that which he had not tit* power lo d" ill- ••'ouhl not one wold on ihit occasion ; al- ]
redly There was no ni**ml*er of the House whom ihougli, U w hat is now proposed shall he accont* j
h* would indulge so much on a subject as th* gen pltxhed. I kuotv not what would have been ill* *
purpose of co-operatm* lo accomplish a meas
ure, in ourjudgineut, so unconstitutiuual, so de
rogatory tn the character nf the Senate, and
marked w ith so broad uu impression of compli
ance with power.
Dm this resolution i» to pnxs. We expect it.
That cause, which has been powerful enough to
influence so many State Legislatures, will allow
itself powerful enough, e<| ecially with such
aids, to ftecui'c the passage of the resolution
here.
\Ve make up our minds to behold the specta
cle v' hich is to ensue.
\Ve collect ourselves lo look on, in silence,
while ascetic is exhibited which, if we did not
Hive, as folio
YEAS — Means. Adams, lldiinn Allen. Anthony,
Bailey, Beale. Been. IWk. e, I. Boon, Horde,.
Ilnvrr. Boyd, Biigga. Brown, Buchanan. Burns,
Williiui II. Calhotin, Camhrclcng. Car. Carter, (’«- |
scv,G*nrfc IMiamhera. Cliaucy . Chapin, C’hetxvtHHl, l
Childs (’lark, (7,/.l7.7J.Y/l, Corwin, Cramer,
Crane,Cauliing,Cushman. Dsilmi'ton. Denuv. D"U-
hh-dav, Evans. Everett. Fwirfield, Earliu, Fowler,
French. Frv. Fuller, Galbraith. Gillett, Granger, .
fiHASTl.ASD. Gicuuell. Haley, Jnseidi lldl, ,
llamer. Hard, llnrdiu, llatper, S. S. Harrison, t
lf.iY\tS, lln/h-ltiue. Henderson, lleister, ||onr, !
Holt. Ilowell, lluhlev. Ilnur. Iluntiugloii, lugersoll,
Ingham, Janes, Jarvis, Cave Johnson, IE Jones. Kil*
depriv-! gore, Klingeusmirli. Lane, Lansing, Lapnite, Law-|
! retire. Gi<|eun L*e. Thomas Lee. Leonard. Lincoln,
The SPEAKER repeated, that the grittleinati { Ahijah Mann. J. Mititti. Mim»c* Mason. Sampson Mn-
from Massarhusctts had n right to make a brief stale- mm, McCarty, MeComas. McKay. McKeimnn. Me- I
iiieut of the contents of the (»etitnoi. It wna not lor I Kean. Mdligxu, Montgomery, Moore, Morgan, .Midi- j
the S|M*aker to decide whether that brief statement j lenherg, IIIIJ.'.YV Page. Parker, Parks, Patterson, I
should he made in the gentleman’s own language, or I Franklin Pierce. DutecJ. Pearce. Pearson. Phelps, J
whether ho should look over thu petition, ami take I |*».»!•;-.«_ p •* |! d, J -ho 11 y ooljs, Jo»«-pu, K' a > • i
his statement troui that. ! oolds, KnsseiS, Scheuek, Seymour, Shinn, Sirk'es,
Mr. ADAM®. At the limn my friend from South Slade, Slenne. Smith. Sprague, St*»rrr. Sudierland,
Cn'oRua l Taylor. John Thompson. Toucoy.Turrill, Vaudcrpo-
The SPEAKER anid the gentleman must proceed . i I, Yioltm. \Yag< u«*i. Ward, Wurdwell, \Veh«ter,
to atalc the contents ot tin: petition. Weeks. Eli*hn Whittlesey, T. T. Whittle*ey. Slier-
Mr. ADAMS. | nm doing so. air. | io«l Williams, Young—E17.
The 8PEAKE.R. Not in the opinion of the NAYS—Messrs. Ash, Ashley, Barton, Bell. Black,
Chair. ; Bouldiii. Bunch, Bvnum, John Calhoun, Campbell,
Mr. ADAM®. I waist this point of the petition— John Chambers. Chapman. Nath. II. Claiborne,
“ Keenly nggriexed hy its existence m a part of. John F. IE Claiborne. Coles, Connor. Cring. Davis,
nor country over which Congress possesses excle- i Dxwsos. Deberry. Dromgnolc, Donlnp, Elmore,
stve jniisfliction in all cases whatever” " ■ Forester, James Garland, Rice Garland, Gludson.
Loud cries of" Order, order.” Glascock, Graham, Graves, Grayson, Griliiu, linn-
Mr A. proceeded : i n« gan. Ilarlan. Albert G. IImhum, Hopkins. Il"*v-
" Do most earnestly petition your Imnornhlc Is*- aid. Iliiutsmau, Jenifer, Richard M. Johnson, lien-
dy” --— } ry Johnson, I,awlrr. I,tike |,en. Lewis, Loyal, Lit-
Mr. CHAMBER® nf Ky- roe# ton point of order. ’ c.is, Martin, !Maury, May. McKmi, McLean Mer-
Mr. A. proceeded : • leer, Miller, ration, l***ttigrew. Peyton, Pickens,
" Immediately to aholish slavery iu the District of Pmckucv, Renclier, Richardson, H'diortsou, Rogers.
Cnlumhia** —- ■ i W. B. Shepard. A. 11 Shepperd, Shields. Standi*
Mr. I’ll\MBEU® reiterated hiscall loonier,and f«-r. Steele. Tnliafetro, Thomas, W. Thompson,
the Spkakkh told Mr. Anxu* to take his seat. Underwood, Washington, White, l^-wis Williams,
Mr. A. proceeded, (with great rapidity of cnrnci- \ Yell—75.
ation and in a very loud tone of voice)— ! So the petition was receiyed.
‘ Ami lo.lrcl«rr ovary human bring Irte »lio mi, Mr H AYNKS niuvcl llml ih, petition he laid on
font upon its anil.” || ie tahlc
vote* which we have given here, nud wicli we , regard it as ruthless violation of a sacred instru-
Imvc recorded, agreeably to the express profit* I iiieut, would appear to us to he little elevated a-
ittit of the Coostitotiou. j hove the character of :t couteinptihle farce.
We have a high personal interest, and the i This scene we shall behold, and hundreds of
•State whose representatives we are, has also a American citizens, ns many ns may crowd into
high interest in the entire preservation of every these lobbies and galleries, will behold it al*o :
part and parcel of the record ofour conduct, us with what feelings Ido not undertake to say.
inemhers of the Senate. I But we Protkst, we most solemnly PhotksT.
Tlti» record the ConstitutionMdetniily declares against the substance and against the manner ol
shall he krpt ; hut the resolution before the tlm proceeding, against its abject, against il*
Senate declares that this record shall lie trpun- form, and against its effect. Wo tell you that
K- it. you have uu right to mar or mutilate tho record
W liether suhterfuge and evasion, and, as it ap- of our votes given here, and recorded according
(•ears to us. the degrading mockery of drawing to the Constitution ; we tell >oii that you may
black lines upon the journal, shall or shall uot as well erase the yw/i and ruti/n on any other
have our names and our votes legihle, when this | question or resolution, or uu all questions aud
violation of the record shall have been rumple- | resolutions, as on tins ; we tell you that yon
led, still the terms “ to expunge" aud the terms ( have just as much right to falsify the record, hy
“ to keep," when applied to a record, import so altering it as to make us appear to have vo-
ideas exactly contradictor)* ; as couth vo as the ted ou any question, as we did not vote, as you
terms “ to preserve” aud the terms “to de* have to erase a record, nnd make thnt page a
etroy." ' blank, iu which our votes, ns they were actual-
V'record w liich is erpun/ftd, is not a record ly given and recorded, note stand. Tho one
which is krpt* any more than a record which it i proceeding, as it appears to its, i» ns ninth afal-
itrrtrouedcnu he a record w hich is presrrrtd. xification of the record as the other.
The part expunged is no longer oart of the re-j Having made this PRO TLST , our duty is
cord; it has m> longer a legai existence. It performed. We rescue our own names, chttr-
enuiiot he certified a* a part of the proceeding actcr, ami honor from all participation in this
of the Senate for any purpose of proof or evi- matter; and whatever the wayward character
deuce. 1 ol the times, the headlong aud plunging spirit of
'J’he object of the provisions in the Constitu- ' party devotion, or tho fear or the hive of power,
lion, as we think, most obviously, is, that the may have been able to hung about elsewhere,
proceedings of the Senate shall he preserved, in we desire to thank God that they have uot, a*
writing, not for the present only, not until pub- yet, overcome the love of Liberty, fidelity to
li-du d onlv, because a copy of the printed jour- true republican principles, nnd a sacred regard
n il is not regular evidence ; but preserved hide- for the Constitution, ill that Hlate whose soil was
finitely ; preserved, as other records are preser- drenched, to a mire, by the first ami best blood
ved, till destrosed by timu or accident. of the Revolution. .Massachusetts, as yet, has
K very one must aee that matters of the highest nut been conquered; ami while we have the
importance depend oil the permanent preserva- honor lo hold seats here as her Senators, w e
linn of the journals of the tw o Utilises. NYhat j shall never consent to a sacrifice either of her
but the journal- showthat bills have been re-l rights, or our own; we shall never fail to op-
•rularly passed into laws, through the several ! pose what we regard as a plain ami open viola-
stngcH ; what but the journal shows who are j lion of the Constitution of the country ; and we
members, or w ho is President, or Speaker, or nIiuuM h ive thought ourselves wholly unworthy
Secretary, or Clerk of the body ? W hat Imt ; of her if we hnd not, with all tho solemnity ami
the journal contains the prnof, necessary for the j earnestness in our power, Protkstkd against
justification of those w lm act under our authori- the adoption of the resolution now before the
ty. ami wlm, withuur the power of producing. Senate.
such proof, must stand as trespassers ? What j The question being on the adoption of the re
but die journals show who is appointed, and who ! solution, as amended,
rejected, hy ui. on the President** nomination ; ' .Vlr. RENTON demanded the yeas nnd nays ,
or who is acquitted, or who convicted, in trials ! which were nrdrrrt!. •
«mi impeachment 1 In sb*»r», is there, at any | He then moved that the blanks in the resolil- I
time, any other regular and legal proof of any ! tion he hilled hy inserting the Kith day of
net done hy the Senate than the journal itself? January- It wns agreed to ; and, having been
The idea, therefore, that the Senate is bound i done,
to preserve its journal only until il is published, , The question w as taken, by yeas nnd unys, on
aud then may alter, mutilate, or destroy it at the adoption of the resolution in the following
pleasure, appears to us one of the mostexiraor- . form :
diuary sentiments ever advanced. j Kmotution torrjiuntfr from thr Journal the Rtso-
deeply grateful to those friends who , lution of (he Senate of March US. 1834. in rela.
practice, or hy any principle af legal iin,il»f Wl0(I
secret intendment, or menial reservation, to ri . *'
nnd continue a |»nrl of tlm written aiul’piibli-**"*
*"lve from which they were thus withdrawn *
if they could l>« so admitted, they would not li*
fieimt to sustain the charges therein contained. 1,1
And w hereas the Senate bring ihe constitnti,,
tribunal for the trial of the President, w hen elmr 'a
hy the Hourc of Represc natives with oflV fM> ,
gainst the laws nnd the Constitution, the nthmt "
of the anid resolve, before nuy imiiencluneiit .... r
r-'.l IiV ll.« II »... . hrenr.1, uf ll„
the House; tint warranted hv live Constitution.
auhversion of justice; a prejudication uf n que.',
winch might legally come before the Senate- J
n disqualification of that body to perform it* ro,,
tutional duty with fairness and impanialiiy ,f q"*
President should thereafter be regularly iinniar|,!!j
hy (lie House nf Representatives for the mum- ?
fence: °*‘
And wli.rpn, ill. Irmprrnlp. re«pr,lf,il. ,
inenlativo defence nud protest of the Presidsni
«»'»*< 'lx* nf»rv«»id pmc.i-din* ..f ||, C S.iim,
r.'i. i l.-d mid rrpiil.rd hy llim l.. K ly, m„l W11 ,
lo II. n branch of ii. privil.f.., mid wa. M
i.-d to b. cm.rad on il, journal or I
dcM uiii.nl. ; ivlnle nil iii.inorinl., p.iiiion., r.„.r, (
nud r.liiou.lriilirr. aguin.t lb. Pr«.idriil,'hmvnM
violent or iinfonuded, and calculated to infinn.r t/
People against him. were duly nnd honorably rff “*
ved. euctuniastically commented upon in speci
re.ul nt the table, ordered to he printed with tin- | l(| ’
list of names attached referred to the Finance Com.
mittee fur consideration, filed away among the
be archives, nud now constitute a pnrt of the .,,,^1^
documents of the Senate, to be handed down i., ,k.
latest posterity:
And wli.rea* I lie .nid rewdvewu, iulro.lu.ed <1..
haled, nnd ndopl.d, nl n lime and under .ircuni.1,0.
... i.lli.ll Imd llie .fleet of co-operating will, ,|„
Hunk of III. United Slnle, in ihe p.rri.idal alirnnu
wbi.b llml in.iltlnli.Mi mi then iiinking tn prudn,,
a panic nnd pr.Mnre in llie cnmilry ; In de.lmy t|„
rnufld.iire of llie Penpl. in Pre.id.nl J.rkw.n-
puraly/.e hi. Ailmini, trillion ; tn govern llntelectinn.-
I'* hnilUrUpt tile Diaio Unto, 7u'u. thru curren. ’
All llie whole Uniun with lerrnr and di.lrr..- iii'j
thereby In e.tnrt frun. llie .ufl.rinp. and llie alum,,
ol llie People, llie realnralinn of llie depn.de. Ju j
t!ic renewal of its dinner:
And whereas the said resolve is of evil exam*./*
nnd dangerous precedent, nnd should never li Ute
been received, debated, or adopted hy the 8 r ,„ |r
or admitted tu entry upon its journal: VYIi*rsf. ir /
lie sot red. That the said resolve be expunged iY.,,n
the journal; nml fur tlint purpose, thntlhe Sejrrt a .
ry of the Senate, nt such time ns the Senate nmy
appoint, shall bring the mnuiisrript journal of t|,' 0
aessiun l®33->'34 into the Senate, nud, in the pre«encs
of the Senate, draw black lines round the »nid re-
solve, nml write nrrnsa the face thereof, in strong | rl .
ters, the following words: “ Expcsc.v.d ar ok an
n> rm. Sinai k. tin- Hint day or January, in thk
YKtftor ouh Loro is'.?7.”
On agreeing tu this resulutiun. the vote wasaifol.
lows:
Yens—24—Nays—19.
So the resolution was agreed to.
Mr. BENTON, observing that nothing now r ».
rn.Vined Imt for the Secretary to carry into effort tin-
order of the Senate, moved that that he forthwith
kliown, with so iniicl) clenrtiesthat nil die
dents, relied on to justify or to excuse this (
ceding, are either tint to the purpose, or.
lion to President Jackson and the Removal oj
the Deposit's.
Whereas, on the 2Gth day of December, in
IYuiu .he lime, null circumstance.at Mini under IK St. , he folloniug rc.lv. wa, moved
which they happened, are no way cutitlcd tores- J ®
pect iu a free (sovornment, existing under a writ-
it ('oiKtitiition. But, for ourselves, we stand
iu the Senate :
•• Resolved, Thar, hy dismissing the late Se
cretary of the Treasury, because he would uot,
contrary to hi« ow n sense of duty, remove the
money of the United Slates in deposite w ith the
Bank ol the United States and its branches, iu
on the plain words of that CoiiNtilution itself.
A thousand precedents elsewhere made, wheth
er ancient or modern, can neither rescind, nor
'''"rheumdsTe^llmT-’epeh 1 k.:kp ! ™,.IWn.i.y »ill. .he rrc.idei.f.upini,,,,. mid by
a journal of it* proceedings.'* No gloss, no iuge
unity, no specious interpretation, and much lew
, u„y fair or ju.t ran,, reconcile ihe pro- , S|HWI> I10 , „ rillltc ,, | lim , >y lho Cun.titu-
The SECRETARY therrupon prmlurcd the rer-
I ord of the Senate, and o|tcuiug it nt the pngc nlurh
, contained (In* resolution In h* eipiiMKe*'. did ••
. presi-nct* nt surf? the tnetuhi'ts nf the Si-nalv ns
remained, (many having retired.) prm erd tn draw
black lint j entire! if round the resolution, and tn endorse
across the line« the xxordi “ Eepunged bg oiutr „f
the Semite, the. If>/A day of January, 1K17.”
No •(Htnner hnd this been done, than liissrs, loud
and repeated, were heard from various parts of the
gnll.ry.
The CIIAIR. (Mr. King, of Alnlmum.) CWr
the galleries.
Mr. BENTON. I hope the galleries will nolle
cleared ; ns many innorent persons will he rxrln*
ded, who have been guilty of no violation of order.
Let the ruffians wlm have made the disturbance *.
lone h« apprehended. I hope the Sergrant-at-Arms
will he directed to enti*r the gallery, nnd i-eiir
riiffiinus, ascertaining who they are in the best
lie can. Let him apprehend them, nud bring them
to the bar of the Senate. Let him seize the haok
ruffians. I hope that they will not now be suffered
to insult the Senate, ns they did when it was undrr
the power of the Bank nf the United States, when
ruffians, with arms upon them, insulted us with im
punity. Let them he taken and brought to the bar
of the Senate. Here is one, just above me, that
mnv he easily identified—the hank ruffians!
The order to clear tin: galleries was revoked,
the Sergeant-at-Arms directed to proceed into the
linn nml lmv«, nml dmiceroii. to the libertiei of, C*' 1 *''” "nd "Mprcl.coJ il.e p-rnon. „hn bad
tlm l> l„ .» ! " <* "** Swwfar. In n very fv
j appointing hi* successor tn effect such removal,
which lia* belt done, thu President has assumed
llie exercise of a power over the Treasury of the
of expunging w ith the plain meaning of these
ids. to the sat it fact ion of the common souse | t j j> j
iitzr^sft p*rt or|
March, in the year 1S3J, so as to read ns fol
lows .*
“ Resolved, Thnt, iu taking upon himself the
responsibility of removing the deposite of the
public money from the Bank of the United 1 K***'
States, tho President of the United State* has
assumed the exercise of a poxverover tho Treas
ury of the United Slates not granted to him hy
tho Constitution aud laws,nod dangerous lo the
liberties of llie People,'*
Which resolve, so changed and modified by
the mover thereof, on the same day and year last
mentioned, wns further altered, so a* to read in
these words :
" Resolved, That the President, in the lat ex
ecutive proceedings in relation to the revenue, - bdJck over-cont ]
,„ S U. 1.....H.t«;r.J ...C.U.U *>«• M.umtd upttl, him.flf»uiIturitj nt.tl power! ,M r . BENTOS -ni.l tl.,,1. ww the in.livi.l„»l h.-tfl
nl. tht'ii the rpcttrtl j, rypungril.hloltctl out, ! ,0, 1 cn " fc '. re ‘ 1 lt V‘ ("n.litutio" mil littw, but ho.-., tttkvn from itmung tbc rt-rpt-rtublv nn.lirnoo
.•ratetl, tttt.l erased. Ami ntuliUtion itnd nl- ,u ^ er0 * l ! l !" l "’ fl,0,h : . ,, , . j >» the gnll.ry, mid but I been pment'd it, tl„. pub-
the journal of a former session, it may, with e
qttal authority, expunge another part, or the
u hole. It may expunge the entire record uf any
one session, or of all session*.
It seem* to u* inconceivable how any men can
regard such a power, aud it*cxeici*e at pleas
ure, a* consistent with the injunction of the Con
stitution. It can make no difference what i* ihe
completeness oi incompleteness of the act of ex
punging, or by what means ilunc ; whether hy
erasure, obliteration, or defacement; if by de
facement. a* here proposed, whether one word
or many w ord* are written on the fare of the
record ; u liether little ink or much ink shed on
tlf paper : or whether some part, or the whole,
of the original w ritten journal may yet hy possi-
hibility he traced. If the act done he nil net to
expunge, to blot out, to obliterate, to erase the
record,
old it
minutes the S*r.
at-Arins returned, nml reported to the f’liur
that he had apprehended an individual and hnd Sum
in rnatody.
Mr. BENTON moved that he he brought to the
bar of the Senate.
Mr. MORRIS apposed the motion, nnd dcinm.ti
ed the yen** and nays ; which firing ordered and (.
17, nay** S. So the motion waaca
It was suggested hy .Mr. MOORE that there w.ia
! uot n quorum present, and the chair at first «u* deri
ded. But, on being reminded that one of die Sena-
I * tors from L*tiisiana had resigned, *45 wns n majority
ol iIm- 4!f remaining. lie declared that a quorum
was present.
Mr. MOORE now moved an adjournment; but
the motion was lost.
j The SERGEANT-AT-ARMS now produced ard
I presented an individual at the bar of the Senate,
[lie was a tall, well-dressed man, wrapped in x
In w hich last-mentioned from the said resolve. be manner, with all eye* fixed upon bun. he had
vioum* ms rccoru as inucn as uouieru- i , , , , . . , *. • , ,
r-isnro V record .nl nnnilc altered I the tome d*y ond year last mentioned, w as Pf rl, «P" been sufficiently punished in Ins feeling*.
r.t ura. A recnrtl, ,uhie<|iieM1j nltereil. , | , | t , ,| le Setimi-, nml herttma the m l atttl ' ,r **• untiluiiniml in |itt.h tht- pncMulutfiany
Mr.RM.al rocnril. I, no Rim a ” "'.“i * ‘ d fur.lt-r, „„l ,I,.-return tumid tho, bn bu tlt.rbntfr.l
II,nil. It. Jitllll-nil.
IIMIIM. ImU.IvI
llt.nl, l."\ nil, Lttriti, J.
r-nd n |M-tiiiiiii 11.11 |tarl nflti. »|ivrclt. Hr .led, tir.lmtu. lirmitlaud. (irntr.. (it.V.uu. C.rilHu, Ju-
rr,|trrl(tilly, on hnvtti|t lit® deri.itin nf th, ('bt.ir. .r,,It llall. Hanirr, Hantir-an. Il.irbiii. Albert ti
Tlta HPEAKER aattl that be dacitlrd. llieti, that Ha,ttr-, Hull, llu|ikiiia, llmvani. How-
it wa, nut iu unlri Inr n tnrinlirr In rrntl n |Mliltuii. ,.||. Hltblrv, lltitiliiiRti.i.. HttuKilian. Jam.. Jrttili-r
wh.lbrrit was long ur.hurt. By tho pro.i.imi uf Kirl.nr.l M Julitiniti. C. II Jnlinaon. Kil-
tlir rule, wltalrver |>rlili..n a nienilier tnijlil |.rrMiit »,.rr .Klintrn«nulb. I.nuc. lain..
Itr wa, bound tn make verbally "a brirt' .tatrittrnt ti, l.Mf, T. |,rr, I,. I,.m, „itrii,
ul tlir rntitruta." It wniild be an altti.e of thr tnlrtii >| , Mn . Mnrtju. M kltt’M'ii, Mitttrv, May, .Met’*
tlir rule fur a ntrmhrr In rt.r beft.Tr a ill M. Kav, McKr MrKilit. >lrl.rnr. MrrcCr, Mil
waa rrrrivrd, and when iU it wa, ..bjirlr.l |, r. MuntRunirrv. .Munir. Morgan. Mublanlurg.
tn, an,I (*r*M'r„| In rrad a Inn, mrttiurial. So far a. Owen., Pti|fr. Park., Patn-nuut. I'nllnn, I'. I’irrcr.
the principle waa rotiretiiril, il waa Ihe aanm in the ! Priliyrew, Pryion, Pltrlp., Pirkriu, Pincknrv,
rare of a .butt niruinfinl aa It lull, nor; olhrrwi.r | Krnrlirr. John Reynolds. Jn«r|ili Rrviiulda, Hirli-,
tlir rule, which looked lu eru.ioi.iy ill llie lime nl , aril. Robrrtu.n. Knyeri, .Sebeiiek. Seymour. XV. !
tlo- Ilu,I.e would he a milluv* » shepar.1, \ II Sheppcrd. Shielda, Slum,. Si. k-
Mr. All VMS .aid llml. a. be iotemle.1 to n|i|>eal lea. Simlli. Slan.lefer, Steel. Slilbribind.Tuliaferra.
Irioo llie deri.ion of ibe Chair, be woald rei|iirat Tayluf. Tlioion., J. Thom.on, Tooeev, Turrill IV
llie member from Kentucky lo redu.'« hi. pow.l ol derwnml. Vun*ler|Hwl, XVapener, \Ya.iunelon VVeh-
order to wnlio,. and lie would likewi.e re*|iie.l llie | „,r. Week., White. T. T. VVliiii:. .. t. L. XVilliann,
S|M-aker to reduce bis derision lu wrilin,. He ap- { S. William.. Yoll, Yoon, — IT.I .
pealed from mi v tier ision which went to establish NAYS Messi*. Adntns llemnn \l|en Biilev
the prinriplc tlmt a i.i mher of the House should j Bt-alc. Bond, Borden, Briggs. William B ralhonn,’
not have the power t«> rend what he chose, lie had t'lul.U, Uornin, Umnr, ng, Darbegtou, Hen-
terntioQ violate the record a* much ns oblitera
tion or
is not tbc
just account of the proceedings of the Senate*
It i* no longer true. It is, in short, no journal
of the real and actual proceeding*, of the Sen
ate, Nticlt ns tho Constitution says each llotive
shall keep.
The Constitution, therefore, is, in nur deliber
ate judgment, violated by this proceeding in the
most plain and open manner.
The Constitution, moreover, provides that the
yeas and nays, on any question, shall, at the re-
jiidgmeut of thnt body, and, as such, now re
mains upon the Journal thereof:
Aud whereas the said resolve was not war
ranted hy the Constitution, mid was irregularly
ami illegally adopted by tbc Senate, in violation
of the rights of defence which belong to cvcrv
citizen, aud iu subversion of the fundamental
principles of law nud justice ; because President
Jackson was thereby adjudged nnd pronounced
tu be guilty of an impeachable offence, and r
ofona'ifth o"f"thp Vmniiwra'pmciit! k en- I "j*™* I’ 1 ""' 1 , “I*" J 1 "" , n ‘ * 1 i,,l " 1 " , A° r h . U ,, !" h
tend on the journal. This provision, most man- °' ”*J CC * a,, ‘* ° l ‘ ,e * au s an< * Lonsiitutiou
ilr-ily, i;ivt-H n pervoniil ri,ht to thn.e iitmnber, "hich ho •"rt.nt to pro.orvo, protect, att.l
.It-mmi.l it, to the entry anti pmervn- “* fe '" 1 * »'»«•“ ihmnyli the fur.it, uf „„
lion of tit, it- the record of the procee- : l"»|*«ehmcnl. ■ltd »ttl.out allow..,;; to him the
ditiK, of the hotly, not for one .lav or otic year ! be ' ,efi , ,s , " " ’ or ,h f of :
onlv. but for all. There the yruioni/ a ays are , u * ,r re*«lve, in nil it* vnriou*
. , e ' . \\ ■ r shapes and lorms, was unrounded nml crrniiriiim m
to-ttiit.l, forever, a.permiitieitt and la proof „,»! ,|.....ju., „„|
of the meiiiH-r tit which menher, have vole,I on writ «• irregolar aud ttttauihori.r'.l by
gieat and important questions before them. t | l0 Constitution; because the Mid President Jackson.
But it in now insisted that the votes of mem- 1 neither in the art of disminmg Mr. Dunne, nor in
hers, taken by yeas and mij/s. and thus entered 1 the appointment of Mr. Tanev, ns specified in the
on the journal, as matter uf right, may still ho i first form of the resolve; nor to taking upon himself
expunged ; no that that, w hich it requires more responsibility of removing the deposite*. ns spe-
than four-fifths of the Senators to prevent from 1 f'** 1 ’‘* *' "
being put on the journal, mnv, nevertheless, he
strurkoff, uttd erased, the next tti<»tnettt, or al J| | | '. #l|||
any lo'iiu.l nftcryy aril., by the will ,,f a mere 1 rn tit.,.,
majority ; or, if this b« uot admitted, then tho \ or in derogation of the I* •' /• •
'ond form of the same
' hit*It "*■« then, or can now, he specified
ague and aadiiguona terms of the getter-
nl last form
to violation
"iistiiution, or
ontained *n the third i
absurdity is adopted of mRitltaiiiiMK, that tliisi dangerous to the liberties of ific Peopl,
pro\i*io« ol the Uoiistitutiou i> fulfilled hy mere- J And w lierrns the sanl resolve, a*mlwptod, wns uu* I
l\ preserving the yeas and nays on the journal, | (*rt«tn and ambiguous, c»atnining nothing hut a
after having expunged and obliterated the very bmse and flouting cliarga for derogating from the
ievolution, or the very question, on which they l"vv».naH’j.nsntuHon. arid assnining unginuted p<
id to which alone they refer ; lea
ving the yeas and nays thus a mere list of names,
connected with no subject, no question, pit vote.
\\ e put it to the impartial judgment of minkiml.
if this Proceeding lie nut, iuthis respect also, di
rectly and palpably inconsistent w.ththo Consti
tution.
and authority in the l.-xm executive proceedings
relation to the public revenue; trithout spccilying !
'■“I part of the executive proceedings, or what I
"I the public revenue was intended to he ref.-r- !
red to; or wliat parti of ihe laws nml Constitution J
w ere supposed to have heeu infring'*d: or in vvlint pan I
ot the ( nioii, or at period of Ins Administration, these
late proceedings were supposed to have taken place ; 1
part •
We protest, in ihe most solemn manner, that thereby putting each Senator at liberty to vote in favor
other Senator* have no authority to deprive us "^'l'*' ‘•'••dvr "P” n “ separate A: secret reason of his !
ol uu, |tor.t>tt«l ri e h„. .ecu..-,I lo u. by the Con- A ."' "r J^J-not" I
.tilt, ft.hcr hy counsing. or obliterating or , ’ A '!* A
|M"fci l i,.i , «"iiim»inj, vi di%eri-l\ Miteipreteil l.y individual Senainrs nreor*
7'.,•; «*•"! "f « b. thr ( Of'
duly entered liv yeas and nays ; or hy expunging each ; routeury In all ihr ,-,„|- „f justice. t ,, M || |
and obliterating the resolutions nr questions on the forma of legal nr judicial proceeding; to the
which those votes were given and recorded. 1 great prejudice of tin accused, who could not know
W e have sent, w ith deep nml sincere pain, 1 n fl*u | »t w lint to defend himself; ami to the loss of I
the Legislatures of respectable States instructing d respon*ibihtv. by «hit Iding Senators fmni
the Senators of those States to vote for and sup- l Hll>lir *" eoontahifity for making op a jndgmei
port this violation of the journal of tho rt*nate;
and this pain i* iufmircly increased by our full |”",
h.lu-r. ti ml tttUrv run,in,,,,,, that nt.. .I, if nil a'm.| TTrSfflf ■r,!!!H^f ll ,, l !!!!!!nl?T.-
these proceedings of State, bad their origin in first an.l I fonnsof the r. -.dve having hero nh- '
prompting* from U sshitlgton ; that they have j jeeied to m debate, ami shown to he insiiffieieut to
been urgently requested and insisted ou as bring the charges they were addnerd to support, '
necessary to the areompb^hmrnt of lho intended 11 being well believed that no majority eon Id f.e
purpnoo ; aud that it i* nothing else hut the itiflu "htame.l to vote for die said •penfieationa, ami the
nice and power of the Executive branch of this hern aeluallv withdrawn by the mover
-nment which ha* brought the Ufi.latorr,
> r.MiulalMfitv f>n
krhn Ii tin- Pnldte
wliiclt.ii known, might prove
nlVntmfed m I'acl:
•"••not know, and
hr iinniltiriciit in |
discharged
from custody.
Mr. MORRIS considered the whole pr«>erriling
*a very extraordinary. If the individual had been
worthy of arreyt. lie ought to have mi opportunity ef
defence. \ citizen had been brought to the bar »f
the Seunte nud not informed for what reason, n«>r
of what offence he stood charged; and now it was
moved that, without a hearing, he be disrhargrd
from eiistodv. Call you thia (anid Mr. M.) the jns-
Itec of the Senate nf the United Slates! Is it in
this manner that cilixens nre to he trmited ? It ap
pears to me a moat extraordinary proceeding-
Mr. BEVIEH moved an adjournment; hut tho mo
tion did imt prevail.
Mr. ROBINSON, near w lmsc sent the person ap
prehended then stood, proposed that the individual
nave nn opportunity to purge himself by oath front
the contempt. The Senate were not to presume
him guilty, nnd il* lie was willing to swear that be
intended tin contempt, he ought to have an opportu
nity to do a**.
Sir. MORRIS demanded the yeas and nays on tli«
motion for his discharge; and they were ordered ac
cordingly.
Mr. ullNTON observed that if the Individual *»<
ready to go to the Clerk's table, and there by oath,
to purge hitnaelf of the contempt, lie had no objec
tion. Let him do so.
Mr. ROBINSON now slated, on behalf of tb®
person apprehended, that ho was willing aud ready
to answer interrogatories.
Mr. BENTON thereupon withdrew hi* motion for
his disrhnrge.
The ('HAIR reminded hint thnt he could not do
this inasmuch ns the yens nnd nays upon it hnd been
ordered.
Mr. MORRIS was sttongly opposed to having
the individual suddenly, without warning, and *
out opportunity to consult counsel, brought lorwar'l
to take iiis oath, and undergo interrogatories. H
would he better to give him until lo-nmrrow, thstbe
might have some leisure for reflection. lie bad
been brought up here before the Senate of the tin*
te,| States, nud before the people of the I filed
States, nml to reiiuire him thus aoddenly t*» he
upon oath hi his uefeure w as wrong.
He ronrliided hy moving nn adjournment.
The yeas and nays were demanded and ordered
on the motion to adjourn.
Mr. STRANGE thought that if the individual vvns
willing now to he sworn, nnd to undergo interroga
tories, lie was certainly the best judge of Ins own
rights, lie best knew vxhnt lie ronlH undergo, a"
there wns no need that Senators should become *•'*
advoenie*
Mr. HI NTON said that if the man wished ««
purge himself uii oath, now, here, m presence ol
the Senate, it wns very well. Let bun do •«• l» u *
if he wattled to go away and consult n lawyer. ••
he must nsk n lawyer to-morrow before he conM
tell wh*fIter he meant to msolMhe Senate to-mghl.
he was opposstl toil. If he was ready to swefef.
let him d" it. hut nn 'onsnlting with law vers.
Tlo* CHAIR stated to Mr Morri"that the lodm-i-
»• a I to CMBltaly waa not brought up without a charge,
ns that Senator seemed to intimate. II* *"•
geif with disorderly Coo, I net in the picsenee ol 9
Senate, ami the law gave the Senate, as H
lift of justice, |M*wer to |»rotert itself t