Newspaper Page Text
Coitgrcgg.
From the Chronicle <s• Sentinel, of Jan 19. j
We have seldom ever read a more withering '
blasting retort, than that of Mr. Peyton in reply
to Mr. Dunlap, hie colleague, which are pub.,
lished iu to days paper. The occasion Vas
this—Mr. Peyton in his speech on Mr. '/Vise’s
resolution* had remarked pretty severity upon
gic electioneering conduct of Ger,. Jackson
tn Tennessee last summer, detai’,fog some of
his very objectionable conveysations. Mr.
Dunlap, on the authority of fo e President.de
i.ied a portion tnthe renw.-gs attributed to him
by Mr. P. Tlfiakralled up Mr. Peyton in the
reply which will be found in to-day’s paper.
Mr. Peyton’s Speech.
Mr. Peyton said: Since my Colleague has
vormteered his services and come upon the
stand to give evidence against me, the direct
tendency of which is to attack my veracity,
although he seems to evade that, 1 claim the
Tight to examine the witness. I mean, sir,
to examine him upon his voire dire, and re
quire him tospeakthe whole truth. This seem
ing extraordinary sensitiveness of the gentle
man, the mock sympathy in the loud appeals
which he has just exhibited* the pretended ne
cessity of defending the Presi dent, are the us
ual evidences which I have observed to ac
company a Van Buren conversion. Yes, sir,
and 1 am not at all surprised to witness it in my
colleague. I thought I had seen strong pre
monitory symptoms ofthis before. I have ne
ver known a deserter to leave our ranks but
what he went over hallooing glory, glory, to
General Jackson. He says that he has differ
ed with General Jackson as the succession,
ido not know, sir; I thiik, if that gentleman
differed with the President at all, the difference
teas not worth naming. I looked with anxiety
for friends to Mr. White every where through
our State, and I never was able to put my fin
ger on that gentleman’s services. But sir, I
understand the gentleman as giving in his ad
hesion now, and as pledging himself in advance
to the support of the new administration. He i
wishes to know if any man who possesses the
feelings of patriotism can oppose the measures I
of that administration, before he knows whatl
they are. Sir, us to principles and measures, I
1 shall ba found ever supporting the same
that I have done heretofore. I shall not turn
from my course, and leave my principles, be
cause they may or not be advocated and sus
tained by any President. But, sir, I never
■will ratify the deed of succession. I never will
countenance a t act which makes the domina- '
tion of a successor a cabinet measure, and is
sues iu advance a veto on the ballot-box. But,
sir. my object in rising was to notice the evi
deuce of the gentleman, and to get a little out
<»f him, if possible. He professes ignorance of
that which was known to every body else in ;
Tennessee, and, to strengthen his ignorance,
he says that the President authorized him to j
come here and make the denial which he has
made. Now, in the first place, I wish to know
•f the gentleman when this denial was made:
was it since the beginning of the present ses
sion of Congress? I wish the gentleman to
ray when.-
[Mr. Dunlap rose, and said he did not intend
to be catechized in this style by his colleague,
(Mr. Peyton); but as to the time when the
President made the denial to him, he (Mr. D.)
was not unwilling to give his colleague what
ever information lie might desire. He would,
therefore, say that he (Mr. D.) had not seen
the President from July last until December;
he had no conversation with the President in i
relation to the tales circulated in Tennessee
until after his colleague (Mr. P.) had made his
bite speech on the resolution before the House.
In reference to this speech, and the speech
made by the Senator from Tennessee, (Mr.
White,) the President made the denial which
lie had repeated.]
Mr. Piy ton resumed. Just as I expected,
Mr. Speaker. The evidence has been ex-'
trncted at this session of Congress, since I
made a speech, to be used upon this occasion.
Is it not extraordinary, while the gentleman is
bellowing so pathetically, thundering his sym
pathy into the very stones of the Capitol, about
the poor sick President, the dying President,
that he should convict himself of tormenting and
harassing him on such subjects? But, sir, this
shows that what I have often said is the fact—
that nothing transpires here but it is immedi
ately hissed into the ears of the President by
some eaves -dropper, some penny-post carrier of
news, from this Hall. Sir. they know the
President’s excitability; they know how to j
extract from his excited feelings denunciation,
broad denials, general and special, of whatever
was said, especially in the shape in which
they present it before him, and then they run
forth proclaiming to the world that they are !
authorized by the old Hero to denounce and
convict the object of their attack of falsehood.
The gentleman says he will not be catechized
by me. How dare he then volunteer himself
as a witness here against me? No, sir, he
cannot stand up and answer me; if he were,
1 would make him acknow ledge that the Presi
dent did not deny what I stated to be true. At
what has the gentleman taken fire? At the
Charge that the President was highly excited
in Tennessee, and took an active part in favor
of Mr. Van Buren while there! Yes, sir, and
he professes to bear a commission from the
President himself, which will destroy all that 1
stated on the subject. Does he pretend that
the President of the U nited States of America
authorized him to de ly what I related as hav
ing taken place at Jonesborough in relation to
his defence of Reuben Whitney?
[Here Mr. Dunlap inquired whether his
colleague (Mr. P ) wished him to answei him.]
Mr. Peyton. No, sir, not yet. I wish the
gentleman to take it not in broken doses, but
all together, and may be it will operate the
belter. I know the President made no such
denial, because that exhibition wes published
in the Van Buren press of Jonesborough. Se
condly, did he commission the gentleman to
come here anil deny that he charged me with
opposing the appropriation to the Cherokee
treaty? I know not, sir, what strongly operat
ing cause has induced this evidence, now vol
unteered in this Hall. But, sir, I know that
no man can get the President to forget or
deny that. Thirdly, did the President deny
that he charged the gentleman from Vir
ginia (Mr. Wise) with being a liar at
Sparta, Tennessee? fourthly, did he deny
saying of the able, manty, and lucid speech of
my colleague, ( Mr. Forester,) at the same place,
that any one could get such a speech written
at Washington, for five dollars? Fifthly, did
he deny saying at Mrs. Saunders’, in Sumner
county, Tennessee, that my colleague (Col.
Bell) told twenty lies in one speech, and knew
them to be lies at the time, and that I was a
greater liar than Bell? No, sir, the gentleman
wi'l not, he dare not, say that the President
denied one of these five specifications, going
to show his interference in the election while
he was in Tennessee. Then the gentleman
has not, I perceive, got a carte-blauche from
the President to deny auy thing and every thing
which he may think necessary. If ho denies
any thing which I have said upon the authori
ty of the President, I demand that he produce
a witness, and prove that the President told
hire so. It is not surprising that the Presi
dent should have forgotten a part of what took
place in Tennessee. I wish he could forget
all these things—all that transp’red while he
was in Tennessee. I envy him not his office
who will run to the President, harrass him teith
goading refleetinns, and then draw forth the
hasty declarations of an exasperated man, to j
be used for a hidden purpose. This is unac.
(.ountsfole, unless it is necessary to bolstp.V up
a political summerset, about to be cut iu the
face of a frowning and indignant constituency.
Such a manoeuvre could not, perhaps, be safe
ly made without the benefit oi the .President’s
name to give it sanction. But, sir, I would
always prefer a bold, optn, honest opponent to
a spy in the camp. These doubtful hesitating,
news-carrying men are not fit for these times,
and the sooner they make an open desertion the
better. Now is the time for men to come up
on the stage, and act their parts; high-minded
men, who love liberty more than they do gold;
who love office less than they do honor. Such
a man, iu a good cause has nothing to fear.
My colleague. (Mr. D.) it would »e?m, only
wished an opportunity of manifesting his zeal
by filling the honorable office of trumpeter, to
announce the President’s denial in this House.
I am sorry to see the gentleman fixing his fan
cy upon office and then make his first appear
ance in such an office, as this. If the gentle
man was offended with my remarks, why go
to the President? why not meet me? why drag
the President in, and attempt to force an issue
between him and myself? why say that the
President denied the whole, and then say he
will not bo catechized by me? I say that the
President has not denied the whole; be has on
ly denied, according to the gcntleiqan’s own
admission, when he rose to answer my ques
tions, two specifications out of seven; and the
charge of interference is as fully made out by
those five uadenied and undeniable specifica
tions, as it would be by seven, or seventy.
And yet the gentleman says he is authorized
to contradict the whole charge asfalsg.
Now, sir, with all the gentleman’s profess’/.’
feelingsof regard for Mr. White, he has never
had his sensitiveness shocked into his defence
upon this floor. Oh, no, he has been unmoved
while deluges of eahunny have been poured up
on him from the press, and the batteries of'Ea:-
eculive denunciation have been leveled at him
from the day of hts announcement us a candid-
I ate for the Presidency. And now this same
dumb supporter of his is running to the Presi
dent for evidence to assail him as tho propaga
tor of falsehood. He a friend of Mr. White!
When and how has he shown it? I think it is
time for these insidious assaults upon that ven
erable man to cease. All his assailants tree
themselves behind the President before they
take their aim at him. Bat he is armed too
strong in honesty. They have not the power
to tarnish his name. In reference to the com
ing administration, my colleague seems to be
quite in a rage that any one should think of
any thing but passive obedience and non-resist
encc to it; he speaks loudly’ of pure measures,
not yet known or understood, and therefore not
to be opposed. I myself will support all that
is pure in that pure administration, It is a
sorry dynasty, to be sure. But, sir, the man
himself is “tainted with original sin,” as was
once said by a voice (I wish it was now ani
mate and here,) now stilled and gone, (John
Randolph’s) and the People have a right to
demand an atonement to their offended rnaji'S
ty. To succeed in his ambitious views, he
has struck a deadly blow at the ballot-bob'; he
has broken down the sacred guaranties of liber
ty; he has transferred the sovereign power from
the People to the President, which President
he is. And is he not answerable for this!
Are not these principles incompatible with
freedom? What atonement can he make, but
to give back into the hands of the People their
violated rights, their lost privileges, their an
cient sovereignty and freedom of .elections?
Nothing but the full and complete restoration;
nothing short of the entire razing to its founda
tion his caucus system, his Executive patron
age system, his bribery system, his whole
New York system, will be an atonement for
what he has already done.
IN SENATE.
Thursday, January 19.
TEXAS.
The following message was received from the
President ofthe United States, through Andrew
Jackson, Jr. his private Secretary :
To the Senate of the United Stales:
In compliance with the resolution of the Sen
ate dated the 16th inst. I transmit a copy and a
translation of a letter addressed to me on the 4th
of July last, by the President ofthe Mexican Re
public, and a copy of my reply to the same on
the 4th of September. No other communication
upon the subject of the resolution referred to,
has been made to the Executive by any other
foreign Government, or by any person claiming
to act in behalf of Mexico.
ANDREW JACKSON.
Washington, January 18, 1837.
[Translation.]
The President of the Mexican Republic to the Pres
ident of the United States.
To his Excellency, General Andrew Jackson,
President of the llmted States, of America.
Columbia, (in Texas,) July 4, 1836.
Much Esteemed JSir : In fulfilment 4 of the
duties which patriotism and honor impose upon
a public man, I came to this country at the head
of six thousand Mexicans. The chances of war,
made inevitable by circumstances, reduced me
to the condition of a prisoner, in which I still re
main, as you may have already learned. The
disposition evinced by General Samuel Houston,
the Commander-in-chief of the Texian Army,
and by his successor, General Thomas J. Rusk,
for the termination of the war—the decision of
the President and Cabinet of Texas in favor of
a proper compromise between the contending
parties, and my own conviction, produced the
conventions of which I send you copies enclose !,
and the orders given by me to General Filisola,
my second in command, to retire from the river
Brasses, where he was posted, to the other side
of the river Bravo del Norte.
As there was no doubt that General Filisola
would religiously comply, as far as concerned
himself, the President and Cabinet agreed that
I should set off for Mexico, in order to fulfil the
other engagements ; and, with that intent, I em
barked on board the schooner luvitif foie, which
was to carry me to the port of Vera Cruz. Un
fortunately, however, some indiscreet persons
raised a mob, which obliged the authorities to
have me landed by force, andb’ougbt back into
strict captivity. This incident has prevented
me from going to Mexico, where I should other
wise have arrived early in last month; and, in
consequence of it, the Government of that coun
try, doubtless ignorant of what has occurred,
has withdrawn the command of the army from
General Filisola, and has ordered his successor.
General Urrea, to continue its operations, in
obedience to which order that General is, ac
cording to the latest accounts, already at the riv
er Nueces. In vain have some reflecting and
worthy men endeavored to demonstrate the ne
cessity of moderation, and of my going to Mex
ico, according to the convention: but the ex
citement of the public mind has increased with
the return of the Mexican army of Texas. Such
is the state of things here at present. The con
tinuation of the war, and of its disasters, is there
fore inevitable, unless the voice of reason be
heard, in proper time, from the mouth of some
powerful individual. It appears to me that you,
sir, have it in your power to perform this good
office, by interfering in favor of the execution of
the said'conv ention, which shall be strictly ful
filled on my part. When I offered to treat with
this Government, I was convinced that ii was
useless for Mexico to continue the war. I have
acquired exact information respecting this coun
try which I did not possess four months ago. I
have too much zeal for the interests of my coun
try to wish for any thing which is not compati
ble with them. Being always ready to sacrifice
myself for its glory and advantage, I never would
have hesita ted t o subject myself to torments or .
r " iU^er than consent to any compromise,
if Mexico could thereby have obtained the. slight
es t benefit. I am firmly convinced that it is
proper to terminate this question by political ne
gotiation ; that conviction alone determined me
sincerely to agree towhat has been stipulated;
and in the same spirit, I make to you this frank
declaration. Be pleased, sir, to favor me by a
like confidence on your part; afford me the sat
isfaction of avoiding approaching evils, and of
contributin''’ to that good which my heart ad
vises. Let us enter into negotiations by which
the friendship between your nation and the Mex
ican may be strength:-tied, both being amicably
engaged in giving being and stability to a Peo
ple who are desirous of appearing in the politi
cal world; and who, under lhe protection ofthe
two nations, will attain its objects within a few
years.
The Mexicans are magnanimous When treat
ed with consideration. I will clearly set before
them the proper and humane reasons which re
quire noble and frank conduct on their part, and
I doubt not that they will act thus as sooa as
they have been convinced.
By what I have here submitted, you will see
the sentiments which animate me; and with
which I remain your most humble and obedient
servant.
ANTONIO LOPEZ EE SANTA ANNA.
I The President of the United Stales to the President
of the Mexican Republic.
Hermitage, September 4,1836.
To Gen. Antonio Lopez de Santa Anna :
Sin: I have the honor to acknowledge the
receipt of your letter ofthe 4th of July last, which
has been forwarded to me. by General Samuel
Houston, under cover of one irom him, trans
mitted by an express from Gen. Gaines, who is
in command of the United States forces or. the
Texian frontier. The great object of these
communications appears to be to put an end to
the disasters which necessarily attend the civil
I war now raging in Texas, and asking the inter
i position ofthe United States in farthering so hu
j nano and desirable a purpose. That any well
intended effort of yours in aid of this object should
have been defeated, is calculated to excite the
regret of all who justly appreciate the blessings
of peace, and who take an interest in the caus
es which contribute to the prosperity of Mexico
in her domestic as well as her foreign relations.
The Government ofthe United States is ever
anxious to cultivate jjpeace and friendship with
all nations. But. it proceeds on the principle
that all nations have the right to alter, amend, or
change their own Government, as the sovereign
power, the People, may direct. In tins respect
it never interferes with the policy of other Pow
ers, nor can it permit any on the part of others
with its internal policy. Consistently with this
principle, whatever we can do to restore peace
between contending nations, or remove the caus
es of misunderstanding, is cheerfully at the ser
vice of those who are willing to rely upon our
good offices as a friend or mediator.
In reference, however, to the agreement which
you, as the Representative cf Mexico, have made
with Texas, and which invites the interposition
of the United States, you will at once see that we
are forbidden, by the character of the communi
cations made to us through the Mexican Minis
ter, from considering it. That Government, has
notified us that, as long as you are a prisoner,
no act of yours will be regarded as binding by
the Mexican authorities. Under these circum
stances, it will be manifest to you that good faith
to Mexico, as well as the general principle to
which I have adverted, as forming the basis of
our intercourse with ail foreign Powers, make
it impossible for me to take any step like that
you have anticipated. If, however, Mexico
should signify her willingness to avail herself of
our good offices in bringing about the desirable
result you have described, nothing could give
me more pleasure than to devote my best ser
vices to it. To be instrumental in terminating
the evils of civil war, and in substituting in their
stead the blessings of peace, is a divine privilege.
Every Government and the people of all coun
tries, should fee! it their highest happiness to en
joy an opportunity of thus manifesting their love
of each other, and their interest in the general
principles which apply to them all as members
ofthe common family of man.
Your letter and that of General Houston,
Couinwider-in-Chief of the. Texian army, will
he made the basis of an early interview with the
Mexican Minister, at Washington. They will
hasten my return to Washington, to which place
I will set out in a few days, expecting to reach
it by the Ist of October. In the mean time, I
hope Mexico and Tex >s, feeling that war is the
greatest of'calamities, wi'l pause before another
campaign is undertaken, that can add to the
number of those scenes of bloodshed which have
already marked the progress of their contest,
and have given so much pain to their Christian
friends throughout the world.
This is sent under cover to General Houston,
who wi'l give it a safe conveyance to you.
I am, very respectfully, your obedient servant.
ANDREW JACKSON.
IN SENATE.
Monday, January 16,1837.
The Resolution.
The Senate proceeded to the farther consid.
eration ofthe expunging resolution, offered by
Mr. Benton.
Mr. Clay addressed the Senate at length in
opposition to the expunging resolution, and in
vindication of the principles involved in the re
solution ofthe Senate censuring the President.
Mr. Buchanan followed, in vindication of
the Expunging resolution, and in reply to Mr.
Clay. He insisted that the meaning of ex
punge, as used in the resolution, was not literal,
but metaphorical, merely implying that the
passage in the journal operated upon would not
be obliterated, but that its force as an act of the
Senate would be annihilated.
Mr. Dana made a lew remarks.
Mr. Buchanan spoke at some length; ard
was followed by Mr. Bayard.
Mr. Bayard having concluded his remarks
in opposition to the resolution,
Mr. Hendricks said that, at this late hour
of the day, it would bo out of place to attempt
an argument or a speech of the Senate, and
such was not his purpose in the few words he
had at present to say. It had been his inten
tion, some Dme ago, to h..ve troubled the Sen
ate with his views somewhat at large on this
subject; but he wou'd content himself now
with saying a very few words; and this was
perhaps necessary, owing to the peculiar posi
tion he occupied in relation to the proposition
before the Senate, it would be recollected
that he had voted against the resoiuti >u which
it was now proposed to expunge from the jour
nals of the Senate. He did so for many of
the reasons contained in the preamble to" the
resolution now on our tables. In some of the
rea ons, however, contained in that preamble
he did not concur, and, of course, could not
vote for it. For some ofthe reasons contained
in it he could most cheerfully vote. No mem
ber of the Senate more than himself (said Mr.
II.) regretted the passage of that resolution.
Noone could have been more opposed to it.
He viewed it as an apple of discord set in mo
tion, a firebrand thrown into the community,
calculated to do more harm than any other
measure proposed at that eventful session; and
be now believed that it had done more harm
in exciting party spirit to its present danger
ous height than any other measure which
could have been proposed. The danger ap.
pi / bended to the Constitution by this act of ex
punging (said Mr. H.) tea natural consequence
ofthe measure of 1834; as much so as that
one act of violence should succeed another.
A party in power to-day, and who sLu.il use
that power indiscreetly, will be sure to meet
with retaliation as soon ns the opposite party
shall triumph. Hence, violent measures of this
kind are as sure to succeed each other in the
mutations of party power as effect is to follow
cause.
Much, however, as ho was opposed to the
resolution of 183'1, he could not vote to
> o u t lit r st It < $ ♦
punge it from the j >urnafer» That was a ques- |
tion, in his opinion, havu.g nothing to do with I
the merits or demerits ofthe original proposi- |
tion. The-question before the Senate was one
of power to expunge the journal, no matter
what journal it might be. He thought that no
such power existed in the Senate, nor any
where else; and his oath to support the Consti
tution of the United States was imperative,
and prohibited him from giving any such vote,
whatever may bavo been bis opinion of the
resolution propose Ito be expunged. It was,
in his view of the Constitution, as much a duty
to keep and preserve the journals of unccrsti
tutional proceedings, if such there be, as of any
other. Our constituents have as much right
to know our bad nets ns our good ones; be
cause it is for these v will call us to account,
and it would be strange doctrine, that we could
shield ourselves from responsibility by expung
l i->g the journals. The argument, then, of the
Senator from Pennsylvania, that the resolution
of 1834 was unconstitutional, and therefore
ought to be expunged, did not in the least re
lieve his mind. He understood, too, that this ,
wr.s the basis of the votes of other members
ofthe Senate m favor of’ expunging. Much I
as he disapproved of the resolution of 1834, j
he believed that it was constitutional, and that
it was such a proposition ns the Senate might
entertain and adopt. lie saw nothing uncon
stitutional about it. It might, or it might not,
be considered an abstract proposition. It. had,
indeed, remained as a mere declaratory expres
sion of the Senate, but it might have been the
basis of legislation. Whether it be true or
false, is a matter of opinion. Those who vo
ted for it, unquestionably believed its nifii ma
tions to betrue. They believed that thePres
idert had, in re’ : ’ ■ . revenue, exercised
authority and povr"«- c. ..’erred by the Con- i
stitvifion and lav.’.’ but < ro.g’-'i >n of both.
He, who voted a...- 4, b.' ; ;( ; ved that (no’au-
thority and power '.fowl by th > President
was not in derogation of the Constitution and
laws; and, however much he dissented on the
ground of expediency from Il:at which had
been done,he never doubted the constitutional
and legal power of file President to do what he
did.
It had been said (continued Mr. H.) that
the resolution of 1834 contains impeachable
matter against lhe President, and that, on this
; account, it is not entitled to a place on the
| journals, He did rot think, however, that it
j contained any impeachable matter. It char
ged nc evil or corrupt intention, which was
the essential ingredient of impeachable matter.
He referred to the case of Peck’s trial before
the Senate, and stated that the absence of
proof of corrupt intention was the basis of his
acquittal by the Senate.—This had been the
reason of his own vote of acquittal, and this,
ho had good reason to Mieve, was the basis
of votes of acquittal generally.
In voting against expunging, he did not vote
to affirm the truth of the resolution of 1834.
He had already stated the reverse. He be- 1
lieved that the President had the power, what
ever he might tlii ik of its exercise under the
circumstances of that case. But his opinion
that the resolution proposed to be expunged
was, and is untrue, had nothing to do with his
duty in the present case, and could not, in any !
degree, influence his vote. Ths Senate had
no power to expunge the journals. He could,
without the least difficulty, vote upon the jour
nals ofthe present session. a resolution to re
scind that of 1834, or to affirm a contrary pro
position. This, while it Would clearly assert
the opinion of the Senate in relation to the pro
ceedings of 1831, would not obliterate the
journals of that day, and would have all the ef
fect. of the mode proposed.
Mr. H. here referred to the Constitution,
which says that “each Houac shall keep a jour
nal of its proceedings, and from time to time
publish the same, excepting such parts as may
in their opinion require secrecy,” and said,
that the obligations of his oath to support the
Constitution of the United States made, in his
conscience and judgment, his duty on the pres
ent occasion clear and imperative. 'I he Con
stitution required the journal to be kept. He
could not vote to destroy, er expunge, or obi it -
erate it. But it is contended (said Mr. H.)
that the black lines proposed to be draw'll around
the journal of 1834 will not expunge it in real
ity ; that they wilt take nothing away from it.
It will not, however, be contended that wri
ting the words required to be written across
the face of it will not deface, and, to a certain
extent, obliterate it. But suppose these black
lines and this writing upon the journal of
takes nothing away from that journal, it will
surely not be deified that a material addition
will be made to ii. The Constitution requires
the journal to be published, but how was this
to be published? Could it be published as the
journal of 1834 ? No. That had been pub
lished three years ago. There were in that
pulication no black lines ; no writing across
ihe face of the record. If you publish it as
the journal of 1834, you falsity the former pub
lication. You cannot publish it as the journal
of 1837, because it is the journal cf 1831.
There, and there only, are the black lines and
labellous writing to be found. No page ofthe
journal of 1837 contains any thing like it. In
what shape, or form, or manner then, will you
obey the injunction ofthe Constitution, in pub
lishing the journal of these proceedings? The
truth is, (said Mr. II.) the more we look at
this thing, the more difficulty we must see in
} it; the more certainly will it appear to be a
proceeding, not contemplated by tho Constitu
tion, but incompatible with it. It makes a
case, which, in the situ; A publication of the
journals, the Coe;-iitution v.-ili not warrant or
de.’i nd.
Mr. STRANGE rn'k'.-.-ssed -the Senate at
considerable length in its favor, and in conclu
sion moved several verbal amendments in the
preamble of the resolution, die import of which
was to declare that the Senate resolution of
1834, censuring the President, was “not war
ranted by the Constitution, illegal,” &c. instead
of declaring that it was ‘•unconstitutionally
adopted.”
Mr, EWING, of Ohio, spoke in opposition
to ttie resolution, dwelling especially on the
severe and unqualified language of reprobation
which had been used by the advocates of ex
punctioi), and friends ofthe President.
Mr. CALHOUN made some inquiries as to
the design of the amendments of Mr. Strange,
who was understood to reply that they were
designed to render the language ofthe pream
ble less severe.
Mr. BENTON expressed his acquiescence
in the pronosed amendments. He thought it
a matter of little consequence which form
should be adopted.
The amendments of Mr. Strange were then
agreed to.
The debate having closed, and the question
being about to be taken, Mr. WEBSTER rose,
and addressed the Senate as follows :
Mr. President: Upon the truth aud justice
of the original resolution of the Senate, and up
on the authority of the Senate, to pass that
resolution, I had an opportuniiy to express my
opinions at a subsequent period, when the Pres
ident’s protest was before us. Those opinions
remain altogether unchanged.
And now, had the Constitution secured the
privilege of entering a Protest on the journal,
I should not say one word on this occasion ;
although, it what is now proposed shall be
accomplished, I know not what would have
been the value of such a provision, however
formally or carefullyi t might have
cd in the body of that instrument.
But, as there is no such constitutional priv- .
ilego, I can only effect my purpose by thus
addressing the Senate ; and I rise, therefore
to make that PROTEST in this manner, in the
face of the Semite, and in the face ofthe conn-1
try, which I cannot present in any other form.
I speak in my own behalf, and in behalf of
my colleague, we both speak as Senate rs from
the State of Massachusetts, and, as such, we
solemnly Protest against this w hole proceed
ing.
We deny that Senators from other Slates
have any power or authority to expunge any
vote or votes which we have given iiere, and
which we have recorded, agreeably to the ex
press provision ofthe Constitution.
We have a high personal interest, and the
State whose representatives we are, has also
a high interest in the entire preservation of
every part and parcel of the record of our con
duct, as members of the Senate.
This record the Constitution solemnly de
clares shall be kept ; but the resolution before
the Senate declares that this record shall be
expunged.
Whether subterfuge and evasion, and. as it I
appears to us, the degrading mockery of draw
ing black lines upon the journal, shall or shall
not leave our names and our votes legible,
when this violation of the record shall have
been completed, stijl the terms “to expunge”
and the terms “to keep.” when applied to a
recor I, import ideas exactly contradictory;
as much so as the terms “to preserve” and the
terms “to destroy.”
A record which is expunged, is not a record
which islrept, any more than a record which is
destroyed can be a record which is preserved.
The part expunged is no longer part oi - the re
cord; it has no longer a legal existence. It
cannot be certified as a part of the proceeding
ofthe Senate for any purpose of proof or evi
dence.
The object of the provision in the Constitu
tion, as we think, most obviously is, that the
proceedings of the Senate shall be preserved,
in writing, not for the present only, not until
published only, because a copy of the printed
journal is not regular legal evidence ; but pre
served indefinitely; preserved, ns other records
are preserved, till destroyed by time or accident.
Every one must see that matters ofthe high
est importance depend on the permanent pre
servation ofthe journals of the two Houses.
What but the journals show that bills have been
regularly passed into laws, through the sever
al stages; what but the journal shows who
are members, or who is President, or Speaker,
or Secretary, or Clerk of the body? What
but the journal contains the proof, necessary
for the justification of those who act under our
authority, and who, without the power of pro
ducing such proof, must stand as trespassers ?
What but the journals show who is appointed,
and who rejected, by us, on the President’s
nomination ; or who is acquitted, or who con
victed, in trials on impeachment? In short,
is there, at any time, any other regular and
leg?! proof of any act done by the Senate than
the journal itself?
The idea, theref..* ■, that the Senate is bound
to preserve its journal only until it is publish
ed, and then may alter, mutilate, or destroy it
at pleasure, appears to us one of the most ex
traordinary sentiments ever advanced.
We are deeply grateful to those friends who
have shown, with so much clearness, that all
the precedents relied on to justify or to excuse
this proceeding, are either not to the purp ■,
or, from the times and circumstances at and
under which they happened, are no way emi
tted to respect in a free Government, existing
under a written Constitution. But, for our
selves, we stand on the plain words of that
Constitution itself. A thousand precedents
elsewhere made, whether ancient or modern,
can neither rescind, nor control, nor explain
away these words.
The words are, that “ each House sha I keep
a journal of its proceedings.” No gloss, no
ingenuity, no specious interpretation, and much
less can any fair or just reasoning reconcile the
process of expunging with the plain moaning
of these wbrds, to the satisfaction of the com
mon sense and honest understanding of man
kind.
If the Senate may now expunge one part of
the journal of a former session, it may, with
equal authority, expunge another part, or the
whole. It may expunge the entire record of
any one session, or of all sessions.
It seems to us inconceivable how any man
can regard such a power, and its exercise at
pleasure, as consistent with the injunction of
the Constitution. It can make no difference
what is the completeness or incompleteness of
the act of expunging, or by what means done ;
whether by erasure, obliteration, or deface
ment; if by defacement, as here proposed,
whether one word or many words are written
on the faee of the record ; whether little ink
or much ink is shed on the paper; or wheth
er some part, or the whole, of f h° original
written journal may yet by possibility be tra
ced. If the act done be au act to expunge,
. to blot out, to obliterate, to erase the record—
i then the record is expunged, blotted oat, obli
terated, and erased. And mutilation and al
teration violate the record as much as oblitera
tion and erasure. A record, subsequently al
tered, is not the original i cord. 11 no longer
gives a just account of the proceedings of the
jenate. It is no longer true. It is, in short,
no journal of the real and actual proceedings
of the Senate, such as the Constitution says
each House shall keep.
The Constitution, therefore, is, in our delib
erate judgment, violated by this proceeding in
the most plain and open manner.
The Constitution, moreover, pt ovides that
' the yeas and nays, on wy question, shall, at
(he request of one-fifth of the members pre
sent, be entered on the journal. This provis
ion, most manifestly, gives a personal right to
those members who may demand it, to the en
try and preservation of their votes on the re- }
cord of the proceedings ot the body, not for
one day or one year only, but for all time.
There the yeas and nays are to stand, forever,
as permanent and lasting proot of the manner
in which members have voted on great and
important questions before them.
But it is now insisted that the votes of the
members, taken by yeas and nays, and thus en
tered on the journal, as matter ot right, may
still be expunged; so that/Auf,which requires
more than four-fiftbs of the Senators to p- *
vent from being put on the journal, may, ’
ertheless, be struck off, and erased, t/T;'
moment, or at any period afterwanl® ’
will of a mere majority ; or, if this W-**..
mitted, then the absurdity is odopted ot
taining, that this provision of the Constitution
is fulfilled by merely preserving the yeas and
nays on the journal, after having expunged and
obliterated the very resolution, or the very
question, on which they were given, and to
which alone they refer; leaving the yeas and
nays thus a mere list of names, connected with
no subject, no question, no vote. We put it to
the impartial judgment of mankind, if this
proceeding be not, in this respect also, directly
and palpably inconsistent with the Constitu
tion.
Wo protest, in the most solemn manner, that
other Senators have no authority to deprive us
of our personal rights, secured to us by the
Constitution, eithey by expunging, or oblitera
ting, or mutilating. or defacing, the record of
our votes, duly entered by yens and nays; or
by expunging and obliterating the resolutions
or questions on which thosq votes were j>ivpn
and recorded, ■
, We have seettewith deep and sincere pain,
the Legislatures of respectable States instruc
ting the Senators of those States to vote for
and support this violation of the journal ot
the Senate ; and this pain is infinitely increas
ed by our full belief, and entire conviction, that
most, if not all these proceedings of States
had their origin in promptings from Washing
ton ; that they have been urgently requested
and insisted on as being necessary to tho ac
complishment of the intended purpose ; and
that it is nothing else but the influence and pow
er of the Executive branch of this Govern
tnent which has brought the Legislatures of so
muny of the free States of this Union to quit
the sphere of their ordinary duties for the pur
pose of co-operating to accomplish a meas
ure. in our judgment, so unconstitutional, so
derogatory to the character of the Seaate, and
marked with so broad an impression of com
pliance with power.
But this resolution is to pass. We expect
it. That cause, which has been powerful e
nough to influence so many State Legislatures,
will show itself powerful enough, especially
with such aids, to secure the passage of the
resolution here.
We make up our minds to behold the spec
tacle which is to ensue.
We collect ourselves to look on, in silence,
white a scone is exhibited which, if we did
not regard as a ruthless violation of a sacred
instrument, would appear to us to be little ele
vated above the character of a contemptible
farce.
This scene we shall behold, and hundreds
of American citizens, as many as may crowd
into these lobbies and galleries, will behold it
also: with what feelings Ido not undertake to
say.
But wc Protest,we most solemnly Protest,
against the substance and against the manner i
of f his proceeding, against its object, against
its form, and against its effect. We tell you
that you have no right to mar or mutilate the
records of our votes given here, and recorded
according to the Constitution; we tell you
that you may as well erase the yeas and. nays
on any other question or resolution, or on all
questions and resolutions, as on this ; we tell
you that you have just as much right to falsify
the record, by so altering it os to make us ap
pear to have voted on any question, as we did
not vote* as you have to erase a record, and
make that page a blank, in which our votes, as
they were actually given and recorded, now
stand. The one proceeding, as it appears to
us, is as much a falsification of the record as
the other.
Having made this PROTEST, our duty is
performed. We rescue qur own names, cha
racter, and honor from all participation in this
matter; and whateverthe way ward character
of the times., the headlong and plunging spirit
of party devotion, or the fear or the love of
power, may have been ab’, to bring about else
where, we desire to thank God that, they have
not, as yet, oyercomw the love of liberty, fidel
ity to true republican principles, and a sacred
regard for the Constitution, in that State whose
soil was drenched, to a mire,.by the firstand
best blood of the Revolution. Massachusetts,
as yet, has not been conquered; and white we
have the honor to hold seats here as her Se
nators, we shall never consent to a sacrifice ei
ther of her rights, or cur own ; wo shall nev.
er foil to oppose what we regard as a plain and
open violation oi’ the Constitution of the coun
try; and we should have thought ourselves
wholly unworthy of her if we had not, with
all the solemnity and earnestness i,n our power,
Protested against the adoption of the resolm.
tion now before the Senate.,
The question being
resolution, as amended,
.Mr. BENTON
which were ordered.
He then moved that the blanks in the resolu
tion be filled by inserting tlie 16tn’ day of Jan
uary. It was agreed to; and, having been
done,
The question was taken, by yeas and nays,
on the adoption of the resolution in the follow
ing form:
Resolution to expunge from the Journal the Re
solution of the Senate of March 28, 1834,
in relation to President Jackson and the Re
moval of' the Deposit es.
Whereas, on the 26th day df December, in
the year 1833, the following resolve was mo
ved in the Senate:
Resolved, That, by dismissing the late Se
cretary of the Treasury, because he would not,
contrary to his own sense of duty, remove the
money of the United States in deposite with the
Bank of the United States and its branches,
in conformity with the President’s opinion, and
by appointing his successor to effect such re
moval, which has been done, the President has
assumed the exercise of a power over the
Treasury of the United States, not granted him
by the Constitution and laws, and dangerous to
the liberties of the People
Which proposed resolve was alteied and
changed by the mover thereof, on the 23th day
of March, in the year 1834/sd as to read as
follows :
“ Resolved, That in taking upon himself the
responsibility of removing the deposite of the
public money from the Bank of the United
States, the President of the United States has
' assumed the exorcise of a power over the
Treasury of the. United States not granted to
him by the Constitution and laws, aiid dange
rous to the liberties of the People
Which resolve, so changed and modified by
the mover thereof, on tne same day and year
last mentioned, was further altered, so as to
read in those words;
* Resolved, That the President, in the late
executive proceedings in relation to the reve
nue, has assumed upon himself authority and
power not conferred by tho Constitution and
laws, but in derogation of both;”
In which last mentioned form the said re
solve. on tfie same day and year last mentioned,
was adopted by the Senate, and became the
act and judgment of that body, and, as such,
now remains upon the Journal thereof:
And whereas the said resolve was not war
ranted hy the Constitution, ana was irregularly
and illegally adopted by the Serrate, in viola
tion of the rights of defence which belong to
every citizen, and in subversion of the funda
mental principles of law' and justice; became
President Jackson was thereby adjudged and
ounced to be guilty of an impeachable of.
'*i stigma placed upon him as a vio-
, - daf? -of office, and of the laws
u e was sworn to pre-
■ ’ • ilhaut going thro’
*—l-t, rQfctyd without al-
w ‘ ial, or the
means of deh
And wherea ' j ou i all its va
rious shapes atk - .tvir'ded and er
roneous in poino • ■ ■*” .'-fore unjust
and unrighteous,Wk en X’>lar and un
authorized by thc*W- because the
said President in the act of
dismissing Mr. Duane, nor in the appointment
of Mr. ’Taney, as specified in the first form of
the resolve ; nor in taking upon himsell the
responsibility of removing the deposites, as
specified in the second form of the same re
solve ; nor in any act which was then, or can
now, be specified under the vague and ambigu
ous terms of the general denunciation con
tained in the third and last form of the resolve,
did do or commit any act in violation or in de
rogation of the laws and Constitution, or dan
gerous to tho liberties of the People :
Aqd whereas thq gaid resolve, as adopted,
was uncertain and ambigueus, containing no
hing but a loose and floating charge 1 r dero
gating from the laws and Constitution, and as
suming imgranted power and authority in the
late executive proceedings in relation to the
public revenue ; without specifying what part
of the executive proceedings, or what part ot
the the public revenue was intended to be re
ferred to; or what parts of the laws and Con
stitution were supposed to have been infring
ed ; or in what part of the Union, or at what
period of his Administration, these lute pro
ceedings were supposed to have taken place ;
thereby putting each Senator at liberty to vote
in favor of the resolve upon a separate and se
cret reason of his own, and leaving the ground
of the. Senate’s judgment to be guessed at by
the Public, and to bo differently and diversely
interpreted by individual Seiie'ers, according
to the private and particular i iderstanding ot
each : contrary to all the cuds ot justice, and
to all the forms of legal or judicial proceeding ;
to the great prejudice of the accused, who
eould not knew against what to defend himself;
and to the loss of senatorial responsibility, by
shielding Senators from public accountability
for making up a judgment upon grounds which
the Public cannot know, and which, it known,
might prove to be insufficient in law, or un
founded in fact: . * . .
And whereas the specification contained in
the first and second forms of the resolve, hav
ing been objected to in debate, and shown to
be insufficient to sustain the charges they were
adduced to support, and it being well Wslieved
that no majority could bo obtained to vote fcir
the said specifications, and the same- haring’
been actually withdrawn by the mover in tho
face of the "whole Senate, in consequence of
such objection and hefiefj and before any rotu
taken thereupon ; the said specifications could
not bo afterwards admitted by a»iy rule of paj.
liamentary practice, or by any principle of le
gal implication, secret intendment, or mental
reservation, to remain and continue a part of
the written and public resolve from which
they were tb’.is withdrawn; and, if they could
be so ad’mtted, they would not be sufficient to
sustain the charges therein contained :
And whereas the Senate being the constitu
tional tribunal for the trial of the President,
when charged by the Ilousa of Representa
tives with offences against the laws and tho
Constitution, (he adoption of the said r< solve,
before any impeachment preferred by the
House, was a breach <>f the privileges of tho
House; not warranted by the Constitution;
a subversion of justice ; a prejudication of a
question which might legally come before tho
Senate; and a disqualification ot l! .it body to
perform its constitutional duty with fairness
and impartiality, if the President should there
after be regularly impeached by the House of
Representatives for the same offence :
And whereas the temperate, respectful, and
argumentative defence and protest of the Pre
sident against the aforesaid proceeding of tho
Senate was rejected and repulsed by that body,
and was voted to be a breach of its privileges,,
and was not permitted to he entered on its
journal or printed among its documents ; while
i all memorial, petitions, resolves, and remon
strances against the President, however vio
, tent or unfounded, and calculated to inflame
the People against him, were duly and honor
ably received, enoomiastically commented up
on in speeches, read at the table, ordered ti>
be printed with the long list of names attach
ed, referred to the Finance committee for con
sideration, filed away among the public ar
chives, and now constitute a part of the pub
the Senate, to be handed
•to.* \ " ...
at a time and under
which had the effect of co-op-
Rwiiug vHth tho Bank of tho United States iu,
the parricidal attempt which that institution
was then making to produce, a panic and pres
sure m the country ; to destroy the confidence
of the People in President Jackson; to para
lyze his Administration; to govern the elec
tions ; to bankrupt the State banks; ruin iheir
currency; fill the whole Union with terror and
distress; and thereby to extort from the suf
ferings and tbo alarms of the People, the res
toration of the depositys cud the renewal of
its charter:
And whereas the said resolve is of evil ex
ample qnd dangerous precedent, and should,
never have been received, debated, or adopted;
by the Senate, or admitted to entry upon its
journal: Wherefi re,
Resolved, That the said resolve be expung
ed from the Journal; and, for that purpose*
that the Secretary of the Senate, at such time
as the Senate may appoint, shall bring the ma
nuscript journal of the session 1833-’34 into
the Senate, and, in the presence of the SenaU.
draw black lines round the said resolve, and
write across the face thereof, in strong letters,
the following words : “ Expunged by order of
the Senate, this 16th day of January, in the
year of our Lord 1837.”
On agreeing to this resolution, the vote was
as follows;
he as— Messrs. Benton, Brown, Buchanan,
{Cuthbert, of Georgia, absent.,') Dana, Ewing,
of Illinois, Fulton, Grundy, Hubbard, King, of
Alabama. {King, of Georgia, absent.) Linn,
Morris, Nicholas, -Niles, Page, Rives, Robin,
son, Ruggles, Sevier,Strange, Tallmadge,Tip.
ton, Walker, Wail, Wright—24.
Aays—Messrs. Bayard, Black, Calhoun.
Clay, Crittenden, Davis, Ewing, of Ohio, Hen
dricks. Kent, Kniglit, Moure, Prentiss, Preston,
Robbins, Southard, Swift, Tomlinson, Web
ster, White—l 9.
So the resolution was agreed to.
Mr. Denton, observing nothing now re.
maiued but for the Secretary to carry into vs.
feet the order of the Senate, moved that that
be forthwith do::e.
The Secretary thereupon produced the re
cord ot the Senate, and opening it nt the pago
Wuich contained the resolution to be
did, in tho presence of such of the members
cl the Senate as remained, (many having re
tired,) pioceed to draw black lines entirely a
rauudtne resolution, and to endorse across the
lines the words "Expunged by order of the
Senate, tins 16th day of January, in the near
of our Lord 1837.”
No sooner had this been done, than hisses
loud and repeated, were heard from various
parts of the gallery.
The CHAIR, '{Mr. King, o f Alabama,)
Clear the galleries. z
Mi. BEN ION. I hope the galleries will
not be cleared, as many ianoc.mi persons will
be excluded, who have been guilty of no viola
tion of order. Let the ruffians who have mado
the disturbance alone be apprehended. 1 hope
the Sergeant-at-Arma will be directed to enter
the gallery, and seize the ruffians, ascertaining
who they are in the best way he can Lev’*
him apprehend them, and bring them to the bar
ot the Senate. Let him seize the bank ruffi
ans. I hope that they will not now be suffered'
to insult the Senate, as they did when it was
under the power of the Bank of the United
States, when ruffians, with araw upon them
insulted us with impunity. Let (hem be taken
and brought to the bar of the Innate. Hero
is one. just above me, that may easily be iden
tilled—the bunk ruffipnsA W
’Hie order to clear the galleries was revoked,
and the Sergcant-at-Ai ms directed to proceed
into the galleries and apprehend the persona
who had created the disorder In a very few
minutes the Scigeant-at-Arms returned, and'"
reported to the chair that he had apprehended
an individual apd had him in eustodv.