About Georgia courier. (Augusta, Ga.) 1826-1837 | View Entire Issue (April 30, 1834)
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SHERIFFS,CLERKS, and other public officers, wnl have 25 per cent, deducted in their favor. REMARKS OF MR KING. Os Georgia. Senate April 11,1834—0 n the motion of Mr. Poindexter, for printing 1000 copies of the Journal of the Old Con gress, with a compendious index, for the use of the Senate, Mr. KING said, that when he consid ered the heavy draws made upon the con tingent fund of the Senate during the present session, he was sorry to see an other resolution of this character pressed span the consideration of the Senate. He eaid that probably the honorable Senator from Mississippi uad not considered the expense of carving the resolution into ef fect. It would, if he mistook not, cost from thirty to forty thousand. But, he eaid, it was Dot alone this resolution at this particular time that he objected to, but to the whole system of priming and binding books for the individual use of the members. Sir,said Mr. K. the abuses of the priv ileges of extra priming, as it is called, for the use of the members of the two - - Houses of Congress, which practically results in the purchase of the libraries for the members, to be kept or even sold as their private property, is very justly considered as one of the grievances of the nation, and a practice, he said, which the people would uot much longer quiet ly submit to. Why, said Mr> K.,as a part of the his tory of this abuse, allow me to refer to a vote of the olherHouse a few days since, by which they passed a resolution, that according to the statement of one mem ber, would cost the Government some SBO,OOO, and this the House passed too, eaid he, with as little ceremony as they would vote the printing of a village mem* orial. The House, he said, had been almost spasmodically contracted with economy at the beginning of the session, and refus. ed at first to pass the appriation bill, with a clause that allowed this privilege of printing books. But now they justified the practice in the House by the bad pre cedents of the Senate, and seemed deter, mined to run with it a race of prodigality. The Senate, he said, had already passed one resolution during the session that was aaid would cost $46,000, some other pur. chases had been also made,besides an un usual quantity of extra printing,and if this resolution passed, we should see at the •ext session the startling item of $150,- 000 for the contingent expenses of the Sen. ate. Sir, said Mr. K.,it is not only an abuse but an excess of power. The constitu tion provides that money shall be drawn from the Treasury but by an apporiation made by law. If it should be said that the cost of books might be, and usually was smothered up in the appropriation bill for contingent expenses of the Senate, he only ceuld say in answer; that this would be a frudulent concealment of the object,which object was itself unconstitu tionak The pay of members, he said, by one clause of the Constition, was to be fixed by law. It was fixed by law at $8 per day, but by this practice, by the receipt of their money,and the sale of their books, they were likely to double it, as io point of fact the members frequently never ro* ceived into their possession a volnme of the works given them by Congress to qualify them for the performance of their duties; but sold them to booksellers, and gave orders for them on the officers of the House. Not expecting the Government to give him a library, ho said, and being determined that it should not if he could help it,he had negotiated for the purchase of a wot k which Congress had voted to the membeis at the last session at a cest to the Government of $55,000. The bookseller, he said, offered him an order on the Clerk for a copy, which he had purchased from a member. fHere Mr. Clay asked for the nArne of the member who sold it.j Mr. K. answered, that if be was rightly informed, the practice was common, and too general to justify any particular exposure. Ho said, however, if be thought it of any consequences to the argument, he would make the disclo sure;but it was of no consequence wheh er they kept the books as a valuable pro. petty of their own, or sold them and re. eeived their value iu money. In fact,he said if Congress gave members the books with the “jus despera nd i,” he did not see that we had any further concern with them: and they might make, without a- Dy impropriety, the same disposition of them that they made of their other pro. perty, especially after ther term of ser vice exp : red. Where is the difference, said Mr. K., whether they sold them or kept them asjtheir own? Constitutions, he said, were not made to guard against what men probably will do,but what they may do, But if gentlemen thought it im portant to know that sales had actually been made, he could refer them to a no torious instance of a former member of this body (about which there was no con cealment, having sold lhe books given to him during a single term of service to a foreign minister for S9OOM The enly power, he said, which Con gress had on the subject, was to print for the use of the members as an official bo dy,and then only to print and furnish official facts, for the information of the members whilst in the performance ot their duties. But he denied the power to reprint and bind books ofauthoi ity and history, either to enrich the libraries of the members or to enlighten the country. Where is the practice to stop, said Mr. K., if wa can print and furnish one book because it is useful to the politician. Why not reprint any other? Why not reprint some of lhe books of Livy, Gib bon’s Decline and Fall, and all the use ful books on history, politics and politi cal economy? For those books, he said, were all used by politicians, especially at home,much more than the books which it was now proposed to furnish, and much more than the books generally reprinted by Congress, and disturbed among the members. The work, he said, which it is now proposed to print,at such an enor mous expense, had been once reprinted by Congress already, and was a work on which no member who had it, he believ ed, placed much value as a library book. He had known one copy given away by a member as an iucnmbrance to his shelves. And no work could be more worthless except ro members whilst here, and they can refer to the 3 or 10 copies which are now in the library, and scarce once touched, he would venture to say, during a whole session. Look farther, said Mr. K., at the practi cal inequality of the system. It depends on members how much they will waste of the treasure of the nation in this way.— The House and the Senate seem now trying who shall get the most book'.— Look again how the system fails in its object, even when the members keep their books. His honorable predecessor, he said, (<>n doubt against his wish) had voted to him last session, books lhal cost the Government some hundreds of dol lars, not one volume of which he received whilst he was a member, but which are to be sent hence to him by the Secreta ries to qualify him for the duties of a seat he has long since resigned; and I, said Mr. K., who fill the seat am without the books, and intend to retnaiu so, unless 1 choose to purchase them with my own funds. Bcoks, he said, which tvere sent home to members who had resigned, or w’hose time expired before the books were completed, and also such as were sold to booksellers, or carried by the pur chasers to Europe, were, he supposed, “enlightening the members in the per formance of their duties and spreading useful information among the people.”— But, sir, said Mr. K., it is of no conse quence what they do with them, if they are allowed to carry them off as their own;the reasons given for the practice are mere evasions. Congress has no power to enlighten the people, or school their members in this way. Let us, he said, when necessary, print useful official doc uments for the use of the office, & not buy or make books for the officer. If the rule were adopted, he said, that works primed by Congress were to be left in the capitol under lhe control of the pub lic officers, for the use of members for the time being, we should al least get rid of purchasing the same books from year to year at a progressively increasing expence “to put new members on a foot ing with the old”—the plan lately adopt ed by the House. Io tact, he said, with this rule wo should soon get rid of the a buse altogether, as the argument of “spreading useful information, ho ap prehended, would be much weakened with many gentlemen, when they knew (hey were only to use the books whilst in the servico_of the country. In fine, he said, this practice was one of the gross est abuses, as well as one of the most pal pable usurpations that ever had crept in to the legislative branch of the Govern ment, and he thought it due to the char acter of the two Houses, that whilst they were daily charging usurpation and übuse upon one department of the Government, that they should cast an eyo to their own department. They should first sweep out their own chambers boforo they com plained 100 harshly of the disorders else where. He concluded by moving that the resolution lie on the table for the balance of the session. Mr. PRESTON having asked whe ther the resoliuion was so worded as to give the books to the members— Mr. KING said the resolution was in the usual form, ho beiieved—that was, to place the books at the disposal of the Senate; and the constant practice was to first supply the members; but ho did not know, nor could he imagine, what was to be done with the balance of the uue thou sand copies. Mr. EWING having supported lhe principle of priming and buying books for lhe use of members, tec. and con tending that Congress had the implied power on the same principle that they had power to build lhe Capitol, Mr. KING said he did not deny the power to print for the use of members in their official character, as he had al already explained; and he thought the course a hopeless one, that invoked the aid of an analogy so unfortunate. Sir, said Air. K., I understand that this Capi tol, being built al the public expense, is for the use of the members of Congress and other officers, for the lime being-, an I when the honorable Senator should be able to prove that *he members had the power to vote the Capitol to be their own properly, and sell it if they chose, and put lhe proceeds in their pockets, the analogy would bear him out, and not be fore. Mr. K., went on to answer more fully the arguments of Mr. E. and to en force his views, and concluded by renew ing his motion. Patriots are to courtiers, what women are to libertines, as many as they have triad, they pretend to have found corrup tible. Krom the Richmond Enquirer. We make no exception to the Presi dent’s attempt to clear himself from the charges of the Senate. They have tried and condemned him—upon general grounds, without any specification of the facts, and without any hearing. They assume to themselves the power of im peachment, while it belongs to the House of Representatives, and prejudge him in the very case, in which they might be called upon to appear as the ultimate judges of his conduct. They charge him with assuming a power not conferred by the Constitution and laws, without saying what law he has violated, or what clause of the constitution he has disturb ed!! If it bo asked, when was it known that a President of lhe United States had ev er before protested against the acts of the Senate, it may bo answered when was it known before that ‘the Senate has pass ed so harsh a resolution against the Pres ident? When was it known before, that the Senate has charged him in round and general terms with having violated lhe Constitution? When was it known be fore, that party? pit it tan so high, and avarice and ambition so strongly concen trated their energies to increase it?— When before was a Senate so constituted as this one? When did it contain so mar ny political aspirants, so anxious to in crease the public agitation, so determined to attack and pull down an Administra tion—so reckless in its means; so desper ate io its designs? When was the major ity of the Senate of the United States ever known to be made up of such mate rials-so discordant in their general views, yet so united in one common object of assailing the Executive? And when was it known that five of a marjority, without whom, in fact, that majority could not exist at all, misrepresented their constitu ents, contemned their positive instruc tions, and strip! themselves of much of that dignity, which attaches to the body; and all of that importance which they de rive, from reflecting the sentiments <>i the sovereign States which they were consti tuted to represent? When, in ‘act, was this body impelled to pass a resolution so harsh in its denunciations, so accusatory in its character, so fraught with the moral power of an impeachment, as the one which has called forth this Protest from the Ptesident us the U. States?’* Their resolution too was not a joint, but a separate one. It was not sent to the House of Representatives; because, in the first place, it would have been re jected by that House; and in the 2nd place, in case they had concurred in it, it would necessarily have been sent, (un der the 7th sect. Ist art, of the Constitu tion,) to the President himself, and thus have given him a direct opportunity of answering the charge of usurpation which it conveyed. We confess, therefore, that we are not at all astonished, at the Protest which he has addressed to them. He has regarded their resolution as an attack upon bis constitutional functions, and he has coma forward, in temperate and respectful terms, to reply to their accusation—and to justify his conduct. They have at tacked him with unprecedented violence; and he has come forward to defend him self, in a calm and dignified manner. Af ter having transcended the spirit of the Constitution; assumed to themselves the power of impeachment, and inflicted a part of its punishment upon the character of the accused, can the Senate complain of the Protest they have received? If they have violated the Constitution, has be not a right to protest? If they accus ed is he not even bound to defend? If they attack a co-ordinate branch of the government, nas it not a right respectful ly to reply?—So far, then, all seems to us unquestionably fair and right. The motive of the reply then appears to ns to be perfectly proper. In its man- •The last Globe refers in the following terms to a precious confession of one of the most dis tinguished and eloquent of the SenatDts; ‘Mr. Preston, who so recently acted a con spicuous part in the Senate in carrying on its prosecution, and obtaining the decree of the Senate against the President, has gone on to the city of the Bank, fresh from the triumph, and before the assembled People of Philadelphia, in a public speech, made this proclamation; ‘Congress has failed to accomplish the wishes of lhe People’, it is disarmed; but this, as well as the Executive, have appealed to lhe Country.— Jackson has been arraigned, found guilty, and condemned. He, l-ke lhe Legislature, has ap pealed to the Country—and,fellow-cilixens, you are the Country. In you lie lhe verdict whether lhe issue of lhe contest shall be, Dspotism ora Free Government.’ ‘We are here told,‘Jackson Has been ar raigned, found guilty, AND CONDEMNED.’ We are told, too, that those who have given this judgment, ‘ have appealed to the country to confirm it.’ The orator exerted his elo quence upon an assembled multitude which he addressed, to impress them with the propriety of the Senate's condemnation of the President. He admitted, also, that the President had put himself upon his trial before that countiy which the Senator was addressing, upon the subject of the appeal the Senate had made by its resolution to the People, and before any vindication had yet been offered through that body, to his coun trymen. And yet Mr. Leigh wowld still insist, thrtthe accused party had no right to offer a word in his defence, neither on the trial involv ing every thing dear to him, which was prose cuted against in the Star-chamber of the Senate, nor on that appeal which the Senators them selves are carrying on tn the great forum of the People.’ ‘lt was in vain to say there could be no object, at this time, in an nihilating the political influ ence of President Jackson, and killing him off ns a public inan, with a Senatorial conviction for violating the laws and Constitution of the country. Such an assertion, if ventured upon by any one, would stand contradicted by facts, of which Europe and America ere witnesses. Does he not stand between the country and the Bank? Is he not pro claimed the sole obstacle to the re-charter of rhe Bank; and in its re-char ter is there not wrapped up the destinies of a po litical party, now panting for power? Remove this sole obstacle—annihilate its influence—kill off President Jackson, with a sentence of con demnation for a high crime and misdemeanor, a political party, now thundering at the gates of the Capital, will leap into power. Here then isan OBJECT for desiring the extinction ofthe political influence of President Jackson! An object large enough to be seen by ail America! and attractive enough to enlist the combined in terest of a GREAT MOAEYED POWER, and of a GREAT POLITICAL PARIY-” ner, his decorottrand respectful. The topics which it selects, too, are powerful' ly handled. But there is one passage in which the Opposition have seized upon in the harshest manner, and, which is en titled to particular notice. It relates to the custody of the public money. Now, we admit at once that Congress has the right to place the pub.ic funds, not only in whatsoever places they may please, but in whosoever hands they please. We contend, that “ The custody and control ofthe moneys ofthe United States, not appropriated by law, are, by the Consti tution, placed under the order and direc tion of the Congress of the U. States.”— that they may entrust its custody to “ oth er agency than that of the Executive De partment ;” and that they “ may take out of the hands of the Executive Depart ment” the custody of it, *' without an as sumption of Executive power.” But we can scarcely suppose it possible, that General Jackson means to deny this position. In one pan of this message, we find him admitting that the custody of the public property is subject to “such regulations as may be prescribed by leg. islative authority"— in another parr, that “the legislative power may undoubtedly bind him and Hie President, by any laws they may think proper to enact; they may prescribe in|what place particular portions of the public money shall be kept, and for what reason it shall bo removed, as they may direct that supplies for lhe ar my or navy shall be kept in particular stores, and it will be the duty ofthe Pres ident to see that the law is faithfully exe cuted.” We cannot, therefore, suppose, whatever may be the hasty phraseology of other parts of the Protest, that he in tended to claimja general control over the public’purse. We must presume, that the passage properly and fairly interpreted, was intended to admit without qualifica tion, that Congress have the right to make any laws on (ho subject, for its se curity and safe keeping—that the Presi dent only claims tho right of interfering or superintending it, when it has been once confided to an Executive officer, for whose general conduct he is, as the head of the Executive Department amenable. But we are free to confess, that no possi ble doubt should be permitted to exist tip on (his great principle—that ihere are expressions which ought to be explained by the President himself—and we are prepared to say, in the face of this Peo ple, that if he docs not disclaim he mean ing which has been ascribed to them, we most solemnly protest against this mean, ing. We solemnly disclaim the dangerous and extravagant doctrine which it would involve. We say again, we for one dis tinctly maintain lhe great principle, that Congress has no right to place it in the hands of persons, who are beyond the Ex ecutive control—that if the Legislative power gives it to Executive officers, which he is authorized to nominate and superintend, he then can control them—- but if to others, he cannot. And surely this must have been the meaning, and no other, which was intended to bo convey ed. This can be the only justifiable con* elusion, it appears to us, of which it is susceptible—and we would almost un dertake to assert, that if Andrew Jacksou himself were appealed to, he would not hesitate to say so. But, we repeat, that no doubt should rest upon (his matter.—We think with Patton, and Gilmer, it is due to the great principles of the Constitution, that every possible doubt should be cleared-up upon this point. In speaking so strongly upon this sub ject, we are actuated by a strong regard for the vital principle which we maintain. —We are for supporting the Executive in all his constitutional rights—but we are against extending his power one inch beyond (hem. The Executive of this Republic is already strong enough—and in some cases too strong —and we should deem it peculiarly unfortunate, if a bad precedent should be et by so popular and respected a Chief Magistrate as Andrew Jackson. Bold and bad men may come after him, who may abuse his example. We shonld regard it as one of the great est misfortunes which could happen to us, if the confidence of his countrymen were shakon in the democratic principles of A. Jackson. He is nobly contending against an Institution, which is contrary to our Liberties. The Bank is attempting to break him down—ambitious men are join, ing in the effort. Wavering politicians are willing to obandon their opposition to the Bank---to re-charter, or to prolong it;and to prolong its charter,is to perpetuate it;provided the public distress becomes more urgent, and public opiuion becomes wore accommodating to their own wishes.; Let us not deceive ourselves! The Signs of the Times are alarming to tho true friends of the Constitution. The question is not yet settled, It is still Bank or no Bankl The Bank hopes yet to be re chartered. Its friends are working for it in the most ingenious and effective man ner. Webster openly proposes to re charter (it for six years—Calhoun for twelve.—Leigh has so many “awful alter natives” flfltiug before his imagination, that he may be set down as a quasi Bank man. When this formidable Institution, this fourth Estate of the Constitution, comes to put its screws closer upon us, then we shall have all the wavering politi. ciaos crying out, if they dare, for re-char ter or for prolongation, just as they have been crying out for restoration of the Deposits; & the tug will come probably at the next session, certainly at t he next Congress. With these impressions deep ly rivetted upon our understanding; we feel more than ever the necessiry of pre serving the moral influence of Gen. Jack son—as (he strongest antagonist we have against the Bank--as the right arm, which is to break down that monstrous Institution. Thinking thus, we have thus acted We have stood by him, and will stand by him, in bis patriotic attempt “to heal the wounds of the Constitution, and to preserve it from further violation,” A burnt woman.—There are in the world, individuals, so uncharitably dis posed, as altogether to discredit the ex istence of what they are ungallantly pleas ed to term the phenomenon, ar the bead of our paragraph. Byron has compared a silent lady to a prodigy, only to be dreampt of in a poet’s philosophy, videl* icet, 'silent thunder’—but luckily for the fair sex, poetry is not argument: and the instance in prose, we are about to quote, speaks highly in favor of the possibility of there having actually existed, at. least one woman (not born dumb) who could hold her tongue to some purpose. The story is related by Madam Campan, the governess to the sister and daughter in law of Napoleon,first consul,and is found in her'Journal Anecdotique.’ And here it is. 'Madame Regnier, lhe wife of the Procureur Civil of Versailles, was one day chatting at her own kouse, in the midst of a large assembly: she happened, in the course of lhe conversation, to let fall some foolish observation or other, out of its place, it is true, but of no sort of consequence. Het husband ratted her soundly before all the company, and told her ‘to hold her tongue, for she was a simpleton;” (taixez vous, Madame, vous etes une sotte.) She lived twenty or thir ty years after this, and never spoke a sin gle word from that time; not even to her husband nor children: a concerted theft was committed beneath her very eyes: attempts were made to take her by sur prise, but it was found impossible to draw a word from her. When she gave her consent to the marriage of her children, she would nod her head and sign the con tract; never was such extreme tenacity witnessed in this world. She never once opened her mouth; her self love had been wounded, and she never forgave the af front; her dose of it must have been a strong one. Twenty or thirty years!— Ponder on this, ye traducers of the fair, and own that a woman may,‘for a con sideration,’ be ‘silent,’ though not dumb. A1 eIS ®A * WEDNESDAY, APRIL. 30. Our Senator, Mr. King, as will be seen by his remarks, published to-day, gives the Sena tors but little quarter, and the abuse he denoun ces still less. When it is ascertained, how the Virginia elec tions have concluded, we will give the result. At present both parties have heat. We were afraid to read the President’s late Message to the Senate. “ Surprized, so utterly amazed,” did we expect to be, that haviug no great portion of sound sense to dispense with, wewere afraid this'most extraordinary’document would make us lote what little we bad. We ac tually thought, when we saw the paper, it “look ed blue.” We kt the smoke evaporate, and at last sat down and read it; We found it a cool, temperate document, full of good sense, and taking all parts together, as little objectionable, as any document of the same length in the Eng lish language. It is misrepresented, or misun derstood by those, who profess to see such “chimeras dire,” in the plain practical good sense with which it abounds. If there arc any matters in it, that may properly be considered delicate, their notice is fully justified by their immediate connection with the subject. But we have neither room, nor time, for an extended criticism of its merits, or defence of its positions. The reported failure of the Bank cf Augusta, which reaches us byway of Athens, is truly news to us in this quarter. It was like a clap of thunder in a clear day—it broke upon us without the least suspicion that any such disaster was maturing so near our donicil. It is time, how ever, to say, that the report is not true, nor has it the least foundation to rest upon. That insti stitutioo, as we believe all our City Banks are, is tituated on a rock of gold &e silver, against which even thebattery,lately erected byoui friend Judge Schley, might beat in yain. Our friends of the Athens Banner, or their informants, have 'h>een hoaxed by some wag, who found the pub lic, on the subject of Banks, particularly dis posed to be credulous. The fact being, that the Bank of Augusta is the least likely to stop pay ment ts all the Banks in the whole country, the mischievous fellow who hatched the report, should be thanked that he did not select a weak er institution for the experiment. A Locomotive Engine and two Cars, for the South Carolina Rail Road Company, arrived in Charleston on the 28th inst. in the ship Rachel from Liverpool. Speculations in Exchange.— The U. S. Bank, says the New York Standard of the 19th inst. is making a neat thing out of the "derangement of the currency, and the course of exchange.” A gentleman of the highest standing informed us yesterday, that the Bank was buying drafts on New Orleans at three and one half per cent discount, and selling them at four and one half per cent, premium. The amount of exchange between this city and New Orleans is immence, and eight per cent, profit is doubtless very com fortable. The Philadelphia National Gazette states that since October last, the U. S. Bank has imported into that city and New York, $2,300,000 in spe cie, and that $600,000 more are expected. The number of deaths in New York the last week but one, was 164; a larger number than has occurred before, in any one week, since last autumn. Consumption 34, scarlet fever 18, measles 16. THE MILITARY BILL. We believe it is not so generally known as it g hould be throughout the State,says the Mercury, that the Oath of Allegiance required by the late Act must be taken Within Thirty Days after the Elections, which took place on the 11th April; and that by the neglect or refusal of any officer to take such oath, he lojfeits his commis sion. The following is the section of the Act above referred to. “ Ser, 11, If any person,elected or appointed to any military office in this State, shall accept the same, and shall neglect or refuse to take the oath of office prescribed by law, within thirty days after his election or appointment, he shall, in addition to the penalties provided by this act for refusing to discharge the duties ofthe office to which he hasbeen elected or appointed, for feit his commission - and the office - authorized to commission such person is hereby authoiized and required to appoint some suitable person to fill said office, who, upon taking said oath, shall continue to discharge the duties thereof until the same shall be filled by election or appointment, as provided by the act. All officers authori zed to commission an officer by the provisions of this act, are hereby authorized to administer the oath of office; and no person elected or ap. pointed to office under this act, who shall accept the same and wilfully neglect or refuse! to take the oath prescribed by law, shall thereafter be elegible to that office.” The President’s Protest, as will be remember ed, gave rise to much discussion aed excitement in the Senate. Mr. Forsyth, in order probably t o insure its insertion on the journal of the Sen ate, moved, as an amendment to Mr. Poindex ter’s resolution against its reception, that the document, thus depounced, should be inserted at large in the resolution. All amendments being required to be in writing, Mr. Forsyth obtained the original copy of the Protest and offered that, which was declared by the Chairman (Mr. King of Alabama) as complying with the requisition of the rule. An appeal was made from the de cision us the Chairy which was reversed "by the following vote: YEAS—Messrs. Benton, Black, For syth, Grundy, Hill, Kane, King, of Ala. King, of Geo., Linn, M’Kean, Morris, Robinson, Shepley, Tipton, White, Wil kins, Wright—l7. NAYS—Messrs. Bell, Bibb,-Calhoun, Chambeis, Clay, Clayton, Ewing, Fre lioghusen, Hendricks, Kent, Leigh, Man gum, Moore, Poindexter, Prentiss, Pres, 'on, Robbins, Silsbee, Smith, Southard, Sprague, Swift, Tomlinson, Tyler, Waggaman, Webster—26. So lhe decision of the Chair was re versed, and the amendment offered by Mr. Forsyth was declared to be out qj older. Mr. FORSYTH then demanded that the question be taken on lhe resolutions separately. Mr. CLAY then moved to strikeout all the resolutions after the word “Resol ved,” in the first resoluloo, and to insert the following. Resolved, That the protest communi cated to the Semite on tho 10th ins', by the President of the United States as serts powers as belonging to the Presi dent which are inconsistent with the just authority of the two Houses of Comiress, and inconsistent with lhe Constitution of the United Slates. Resolved, That while the Senate is, and ever will be, ready to receive from the President all such messages and commu nications as Constitution and laws aud the usual course of business author ze him to transmit to it, yet it cannot recognise any right in him to make a formal protest against votes and ptoccedings of he Sen ate, declaring such voles and proceedings to be illegal and unconstitutional, and re q»es'iog the Senate to enter such Protest on its Journals. Resolved, That the aforesaid protest is a breach of the privileges of the S‘en ate, and that it be not entered on the Jour nal. Mr. C. explained that his modification varied only from (he original resolutions in two particulars. The modification places on record what must indeed have otherwise been obvious, tho readiness of (he Senate to record, at ail times, such proceedings and messages as the Presi dent may think proper to transmit, in compliance with his constitutional duties. There was another dtfference, consisting in this. The proposition of the gentle man from Mississippi is, not to receive the Message. The last resolution of the modification proposes not to record it on the Journal. . In his opinion, tho record ing of a paper was its reception. Accord ing to the uuifarm practice, the Messages are all recorded. The last resolution marks the distinction between the regu lar and usual Messages of the President and tho present, and refuses to the latter that place on lhe Journal io which all Messages, agreeably to the Constitution, are entitled. Mr. POINDEXTER expressed bi» * readiness to lake either course whiclk might be more agreeable to the Senate. After some few remarks, he moved to lay the resolutions and modifications on the the table, in order to give time for reflect on the subject. He withdrew his motion. Some discussion ensued, in which Mr. CALHOUN, Mr. CLAYTON, Mr. PRESTON, and Mr. 8188, took part. Mr. 8188 sent the Chair (he folfbw-. ing amendment, which he proposed to. move when the amendment proposed, by Mr. Clay should be called up; After the words “ President of the IF. States,” in the second line of the amende men', strike out the residue of the amende men', and insert “ be not received.” Mr. POINDEXTER expressed hrs intention to accept this modification. On motion of Mr. KANE, The Senate then adjourned.— April 23 TEXAS.—This country is likely to be convul sed in civil war, in consequence of the imprison ment of Col. Austin, the founder of Austin’s col-” ony, The colonel is accused by the Mexican, government of having excited the colony to in? surrection. and driving away the Mexican troops. The colonel is now undergoing his trial in the city of Mexico, and fears are entertained for his life. Should he be executed, bis death will be revenged, and a civil war must be the result.—- N. O. Utter. Asa. [for tbe courier. J The following lines were written in a young lady’s Album on separation. Though sickness and sorrow; thy form waste away. Though th’tempests of life around thee shall play; Though friends should forsake and fortune de part, I love thee —I love thee, whatever thou art. When on th’ ocean of life, thy bark shall be cast, Assailed by each billow and lengthening blasL Thy form from my mind shall never depart; Still I’ll remember thee, wherever thou art. Though life’s busy cares, my course shall arrest, Encompassed by sorrow, by anguish distrest, Thine image unto me shall ever impart, Life, strength, and vigor, wherever thou art. “INCOGJfIJUS.”
