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ydiri you m coltl as a wedge. 1 He turned
^suddenly to hi* rider, ‘Jim,’ said he, 'here’s
^dollars, why it all goes in a man’s life time.
yfat the General looks as he'd been squeezed
through the leelle end of nothin’ or less.
CONGRESS.
KEDIABK8 OF MB. CAUIOUNi
Dtlivtrtd in Iht Senate of the United Stalee on the
nth May. Ill’ll.
ON THE PRESIDENT’S PROTEST.
In order to have a clearcouceplinn of the nature
of the Controversy, in which the Senate finds it
self involved with the President, it will he neces
sary to pass in review the events of the Inst few
months! which have led to it, however familiar
they may be to the members of this body.
Their history may he very briefly given. It i-
well known to all, that the act incorporating the
Bank of the United States, made that institution
the fiscal agent of the Government; and that a
mong other provisions it directed that the public
money should he deposited in its vaults. I tie
same act vested the Secretary of the Treasury
with the power of withholding the deposites, and
in the event of withholding them, required hint to
report his reasons to Congress. The late Secre
tary, on the interference of the President, refused
to withhold the deposites, on the ground, that sa
tisfactory reasons could not he assigned lor the
act, for which the President removed him, and ap
pointed the present incumbent in bis place express
ly with a view that he should perform the act his
predecessor had refused to do. lie accordingly
removed the deposites, and reported his reasons to
Congress, and the whole transaction was thus
brought up fur nurapproval, or disapproval, entire
ly by the art of the Executive, without participa
tion or agency on our part; and we were thus pla
ced in a situation, in which ivc were compelled to
express our approbation nr disapprobation nl I lie
trausactiun.nl in shrink from the performance ol
an important iliity. We could not hesitate. The
subject was accordingly taken up, & alter mouths
of deliberation, in which the whole transaction
was fully investigated and considered, nml after
the opinions nfnll sides, of the friends, as well as
the opponents of the administration, were fully ex
pressed, the Senate passed a resolution disappro
ving the reasons of the Secretary, lint they were
compelled to go farther. That resolution covered
only a part of the transaction, and that not the must
important. The Secretary was hut the ag"ntofthe
President in the transaction, lie had been plac
ed in the situation he occupied, expressly with a
view of executing the older of the President, who
had openly declared that he assumed the responsi
bility, and his declaration was reiterated here in
the debate, by those who are known to speak his
sentiments To omit, under these circumstances
an expression of the opinion of the Senate, in re
lation to tlrs transaction, viewed ns the act of 'he
President, would have been, on the part ol the Se
nate, n manifest dereliction of duty.
With this impression the second resolution was
adopted. It was drawn up in the most general
terms, and with great care, with the view to avoid
an expression nf opinion as to the motive of the
Executive, and to limit the expression simply to
the fact, that in the part he had taken in the Irans
action, he had assumed powers neither conferred
by the Cons'itntion nnr laws, but in derogation of
both, it is this resolution, thus forced upon us,
andthus cautiously expressed, which has so deep
ly offended the President; which has called forth
his protest, in which he has undertaken to judge of
the powers ofthe Senate; to assign limits in their
exercise to which they utay, and beyond which
they shall not go; to deny their right to pass the
resolution; to charge them with usurpation and
the violation of law and of the Constitution in a-
dopting it, and finally to interpose between the Se
nate and their constituents, anti virtually to pro-
nnunce upon the validity of the votes of some of
its members, on the ground that they do not con
form with the will of their constituents.
This is a brief statement of the controversy,
which presents for inquiry the question, what is
the real nature of the issue between the parties—
a question of the utmost magnitude, and on the
just and full comprehension nf which, the wis
dom and propriety of our course must mainly de
pend.
It would be a great mistake to suppose that the is
sue involves the question, whether the Senate had
a right to pass that resolution nr tint ; or what is
the nature and character of the resolution, or whe
ther it be correct, in point of fact or principle, or
whether it was expedient to adopt it. All these
are impoitant questions, hut they were fully and
deliberately considered and were finally decided
by the Senate in the adoption ofthe resolution—
finally and irrevocably decided, so that they can
not beopened for re consideration, and decided on
by the will of the body itself, according to the
rules of its proceedings, much less on the demand
of the President- No; the question is not whe
ther we had a right to pass the resolution. It is
one of a very different character, and of much
greater magnitude. It is whether the (’resident
has a right to question our decision—this is the real
question at issue—a question which goes in its
consequences to all the powers of the Senate, and
which involves in its decision the fact, whether it
is a separate and independent branch nf the Go
vernment, or a mero appendix of the Executive
Department. If the President has indeed the
right to question our opinion, if we are in fact ac
countable to him. then all he has done has been
rightfully done—then he would have the right to
•end us his pro'est—then he would have the right to
judge of our powers, and to assign limits beyond
which we should not pass—then he would have the
right to deny out authority to pass the resolution,
and tn accuse us of usurpation and the violation
of law, and of the Constitution in its adoption.—
But if he has not the right, and if we are not ac
countable to him, then all that he has done, has
been wrongfully done, and his whole course, from
beginning to end, in relation to this matter, would
bean open aud palpable violation of the constitu
tional rightand privileges of the Senate
Fortunately, this very important question which
has so direct a bearing on the very existence of
the Senate, as a deliberative body, Is sitsccpj
tible of the most certain | and unquestionable
solution. Under our system, all who exercise
power are bound toshow.ivhenquestioned by what
authority it is exercised. 1 deny the right of the
President to question the proceedings of the Se
nate—utterly deny it; and I call upon his advo
cates and supporters on this floor, to exhibit Ills
authority; to point out the article, the section, and
the clause of the Constitution which contains it ;
to show in a word, the express grant of the power.
None other can fulfil the requirements of the Con
stitution. I proclaim it as a truth—as an unques
tionable truth, of the highest import, and hereto
fore notsufificier.tly undeistood, that the President
has no right to exercise any implied or construc
tive power. I speak upon the authority of the
Constitution itself, which, by an express grant,
vision and the simple but efficient contrivance, by second inthe Pre .idem, ami the last in ... . , .
which these happy resultsare secured. with a lew exceptions, which he enumerates, ileal- he mistaken. It is preparatory to farther hoshJi- |so creat
tJie courts, ! only friend and supporter? The object cannot, I am indeed, (said Mr. Calhoun,) amazed, that j them. One would think, that a gentleman and a # a r
tes. ilnal- ho mistaken. It is preparatory to farther host i li -so treat a misconception of the essential pow- lant soldier, if lie could ever laugh, or dre*9 his couu'
so informs us, that these departments are coequal, ties—to an appeal to the people; and is intended ' er of a deliberative body should be lormed, as to | tenance in smiles, would do so when surrounded by
and that neither has the right to coerce or con- to prepare the way in order to transmit to them his | deny to a legislative assembly, the right to express j ? °' 1 r "r ; If,?,'® U1 l,,i » never so;
trol the other; ami then concludes, that the f declaration of war against the Senate, with a view ; its opinions on all subjects of a public naftne, ) ^ hun . hab i Uiu | av jS^^>ever softened, nor
to enlist them as his allies in the war, which lie freely, fullv ami without^ ^iriciionJiinitntion. j wa ^\ n hlH family,said, that his manner iiipublif life’
Senate had no right to pass the resolution in
question.
It is not my intention to inquire, whether the Government. If any one doubts his intention, let j power to make, repcnl anti to modify the laws—j the same. Heing asked whether Washington^could
view ofthe Government, which the President lias j him cast his eye over the contents of tins paper, j to deliberate upon the state of site union,...to as- [ laugh, this person said, that this was a rare occurrence
presented, he, or he not correct; hut if it were it i and mark with what anxiety heseeksto place him- certain its actual condition...the cause of exist-i hut that one instance was remembered when he laugh!
would m»t lx? difficult to show, that his conception, ! self in an attitude hostile to the Senate, how he has ■ ing disorders....to determine whether they ortgi- *'d most^ heartily^ at her narration, of an incident in
that they a»c coequal, ami that neither has a right . converted a simple expression of opinion into an j nated in their laws, or in the execution. &. to de-
to coerce or control the other, taken in the ordinn- accusation—a charge of guilt—a denunciation ol vise the proper remedy. What sort ol a icgisln*
rv acceptation of these terms, would deprive the his conduct—an impeachment, in which he repre* ! live body would it be. that had no right to pro
Senate of all its judicial powers, and much ol it- scuts himself as having been tried aud condemned
legislative. I will assume that his views arc without hearing or investigation. The President
correct—and that as coequal departments, neither | is an old tactician, and understands well the ad
has the right to interfere wi»li the other, and what vantage of carrying on a defensive war with often- ,
follows ? If we have no right to disapprove ol his \ sive operations, in which the assailed assauhsthe
conduct, he surely has none, on his own prtnci- j assailant ; and his object is to gain a position so
pie. to disapprove of ours. It would seem impossi- | commanding in the prosecution ol hostilities
bit* that .so obvious and necessary a consequence which he meditates.
could he overlooked; yet so hlmd is ambition | Having secured this important position, as he
the right to interfere with him, or to quest- ' lies in the contest, lie tells them of his wounds
(iori his arts, does not hesitate to charge the j —wounds received in flo* war ofthe Revolution—
Senate, directly and repeatedly, with usurpation '■ of his patriotism ; of his disinterestedness ; of his
violation ol the laws ami of the Coiistilu-
freedom from avarice or ambition; ol his advanc
ed age, and finally, ol his religion ;« l his indiller-
ence to the alf ms ofthis life, and of his solicitude
about that which is to come. Can we mistake the
object! Who docs mu mm* what is intended ?
Let u.s bring under a single glance the lads ol the
case, lie first seized upon the public money,
lent id' the United States, but m his individu il took it from the custody of the law, and placed it
character, as Andrew Jackson. We may assert in his own possession, as much so as if placed in
any thing—that black is w hite, or that white is j his own pocket....The Senate disapproves of the j the Government
black. Every page—every line of this paper, j net, and opposes the only obstacle that i»re- But wherever the E
port on of h
•ind
tion.
The advocates of the president could not but
feel the glaring inconsistent.y audabsurdiiv ol his
course, aud in order to re concile his conduct with
(he principles that he laid down, asserted, in the
ussion, that he stint his piotcst, not as Presi
contradicts the assertion, lit? throughout speaks I vents him from becoming complete!) master
in his official character, as President of the United | the public Treasury. To crush the resistance
States, and regards the supposed injury that has j which they interpose to his will, he seeks a quar-
lieen done him, as an injury to him, not in hi
private, hut in Ins official character. But the ex
planation only removes the difficulty, one step
further hack. 1 would ask, what right has the
President of the United States to divest h'mselfof
his official character, in a question between him Ac.
this body, touching bit. official conduct ? Where
is his authority to descend from Ins high station,
in order to defend himself ns a mere private indi
vidual,
acier ?
rel with them ; and, with that view, seizes on the
resolution in question, as the pretext, lie send-,
us a protest against it, in which he resorts to ev
ery art toentlist the feelings ofthe people on his
side, preparatory to a directsippeal to them, with a
view to engage them as allies in the war, which
he intends to carry on against the .Senate, fill they
submit to hit authority, lie has proclaimed in
advance, that the right to inteifere, involves the
what relates to him in Ins public char* right, to make that interference efteelual. To
ake it so, force only is wanting. Give him an
But the part of this paper, which is the most | adequate force, and a speedy termination would
which these happy results are
It has been often said, that this provision ofthe
Constitution waa unnecessary, that it grew out of
abundant caution, to remove the possibility ol a
doubt, as to the existence of implied or construc
tive powers; and that they would have existed
without it and to the full extent that they now do.
They who consider this provision in this light,
as mere surplusage, do great injustice to the wis
dom of those, wlio lormed the constitution. I
shall not deny that implied or constructive powers
would It;ive existed, wild to the full extent that
they now do, without this provision ; hut had it
been omitted, a most important question would
have been left open to controversy. \V lute would
they reside! In each department? Would each
have had the right to interpret its own power, and
to assume oil its own will and responsibility, all
the powers necessary to carry into eftect those
granted to it by the Constitution? What would
have been the consequence ? Who c.m doubt, that
;i state of perpetual and dangerous conflict, be- .
tween the departin' ots would he the necessary, in pursuit of power —so regardless of reason or I supposed, he next endeavors to excite the syntpa-
the inevitable result, anti that the strongest would j consistency, that the President, while lie denies I thy ofthe people, whom he seeks to make his al*
ultimately absorb all the powers ol the other do
par'mrots ? Need 1 designate which is the strong
est ? need I prove, that the Executive a* the arm
ed interpreter, as 1 said on another occasion, vested
with the patronage of the Government, would ul
timately become the sole expounder of the Con*
Htitution ? It was to avoid this dangerous conflict
between the departments, and to provide most et-
fcclually against the abuses of the discretionary
or implied powers, that this provision has vested | di
ail the implied powers in Congress 1 Hut it may I
he asked are they nut liable to abuse in the hands j
of Congress? W ill not the same principle of our j
nature, which impels one department to encroach
upon the oilier equally impel Congress to encroach 1
upon the Executive Departinen'. Those who r m
ed the Constitution, clearly foresaw this danger
and have taken measures effectually, to guard a*
gainst it. With this view tke Constitution has rai
sed the President Iron) being a men? Fxecutive
officer, to a participation in the legislative func
tions of the Government; and has, among other
legislative powers clothed him with that of the ve
to, mainly with a view, to protect liis rights against
the encroachment of Congress- In virtue ol this
important pow er no hill can become a law, till sub
mitted lor his consideration. If he approves, it
becomes a law, hot if he disapproves, it is return
ed to the House, in which it originated, and can
not become a law unless passed by two thirds of
both Houses; and in order to guard his powers
against the encroachment of Congress, through all
the avenues by which it can possibly he approach
ed, the Constitution expressly provides, “that
every order, resolution or vote to which the con
currence of the Senate and House of Represen
tatives may he necessary, (none other can pass
the limits ol their respect ve halls,) “ext cpt a ques
tion of adjournment, shall lie presented to the Presi
dent ofthe fj. S At. before the same shall take effect
shall he approved by him ; or being disapproved,
shall he repassed by two thirds of the Senate and
House of Representatives, according lo the roles
and limitations prescribed in the case of a bill."
These provisions with the patronage of the 1'lxe-
cutive, give ample protection to the powers of the?
President, against the encroachment of Congress,
as experience has abundantly shown.
But here a verv important question presents it
self, which when properly considered throws a
flood of light on the question under consideration.
Why has the Constitution limited the veto power
to bills, anti to the orders, votes and resolutions,
requiring the concurrence of both Houses ? Why
not also extent! it to their separate votes, orders,
or resolutions? But one answer can be given.
The object is to protect the independence of the
Houses—to prevent the Fxecutive from interfer
ing with their proceedings, or to have any con-
troul over them as is attempted in this Protest: on
the great principle which lies at the foundation of
libety, and without which it cannot he preserved;
that deliberative li .idi* s should he left without ex
traneous control or influence, free to express their
opinions and to conduct thcr proceedings areorrting
to their own sense of propriety. And we (iud ac
cordingly, that the Constitution has not only lim
ited the veto to the cases requiring the concurring
votes nf the two Houses, hut has expressly vested
each House with tin* power of establishing its own
rule of proceed) ig, a cording toils will & pleasure,
without limitation or check. Within these walls,
then, the Senate is the sole an I absolute judge
of its own powers; and in the mode of conducting
our business, and determining how, and when,
our opinions ought to he expressed, there is no
other standard of right or wrong, to which an ap
peal can be made, blit the Constitution, and the
rules of proceedings established under the author
ity of the Seriate itself. And so solicitous is the
Constitution to secure to each House a full con
trol over its own proceedings, and the freest and
fullest expressoin of opinion, on all subjects,
that even the majesty ofthe laws are relaxed to
ensure a perfect freedom of debate. It is worthy
of remark, that the provision or the Constitution,
which I have cited, in vesting in Congress the
implied or constructive powers, is so worded as
not to comprehend the discretionary powers of the
oantenance of Washington never softened nor
Red its habitual gravity. One who had lived «|.
. r . , in his family,said, that his manner in public tlf«*
(contemplates waging against this branch of the jjit inherently belongs t» the law making power—the inthe seclusion of most retired life, was alwa '
Government. If any one doubts his intention, let j power to make, repeal and to modify the laws—j the same. Being asked whether Washington could
which she was u party concerned, and in whicn7ia
applauded her agency. The late General Cobb, who
was long a member of his family during the war, (and
, ... who enjoyed a laugh ns much us uny man could, i gaiir
nounce an opuiion whether a law was not in coni or- t liai he never saw Washington laugh, excepting when
• , iii'ii i — —-- •• excepting when
. tv to the Constitution ; ami whether it had or j Colonel Mcamtne! (if this was the person) came to
hail not been violated by those appointed to ail- j dine at head-quarters. Scammel had a fund of hidi,
minister the laws J What eould be imagined more | crons anecdotes, nod a maimerof telling them, winch
absurd ’ and yet. if the principle contended fur, | relaxed even the gravity of the commander in chief
he correct, such would be the character of the : ‘ , f.?^ oc ? edin »?
Senate We ha
unconstitutional, <
. I : —: |..vvocuiii»
e no right renounce a law "t lurad nuurters were exact and prec.se; orderly and
■ . . 1 . , , . , punctual. At the appointed moment, Washington
tn assert that it had been vio- n pp ( . a , et j al t | ie brenklast table. He expected to^fmd
la fed, lent it should uisquaiily us from perlormmg j „jj the members of hi* family, (Cobb, Hamilton, Hum-
judicial functions. _ j phreys, were among them,) awaiting him. He cams
I dressed for the day, and brought with him the letters
iud dispatches of the preceding day, with short me-
There semis to he (said Mr. C.) a great miscon
ception in reference to the motive and character
of the legislative him.' executive functions. The
former is in its nature deliberative, and involves,
necessarily, free discussicn and a lull expres
sion nf opinion on all subject! of public interest.
The latter is essentially t lie power of executing,
and has no power ol deliberation beyond ascer
taining the meaning of tiie law and carrying its
e:i ict iie its into execution ; and even within this
I mi:* d sphere, its constructions of its powers are
formed under responsibility, not only to public
opinion, but also to the Legislative Department ol
characteristic—that which lets into the real u
tore ami character of this movement, is the source
from which the President derives the right to inter-
fur** with our proceedings. He does not even pre
tend to derive it from any power vested in him by
the Constitution, express or implied. lie knew
that Hitch an attempt would he utterly hopeless,
and accordingly, instead of a question ol right,
lie makes it a question of doty ; nod thus iuveiis
the order of tilings, preferring Ins rights to his du
ties, instead of his duties to Ins rights and forgetting
that rights always precede duties, and are in fact
hut the obligations which they impose, and of
course, that they do not confer power, hot impose
obedience—obedience in li is case to the Con
stitiiiion and the laws in the discharge of his offi
cial duties. 'Hie opposite view—that on which
lie acts, and which would give to the President, a
right to assume, whatever duty he might choose,
and to convert such duties into powers, would it
admitted, render him, as absolute as the autocrat
of all the Rossi,is. Taking ibis erroneous view
of bis powers, he could beat little loss to justify
bis conduct—to justify did I say ? He takes
higher, far higher ground ; lie makes bis interfer
ence a matter of obligation ; of solemn obligation,
imperious necessity—the tyrant’s plea, lie tells
us that it was due to bis station, to public opin
ion, to proper self respect, to the obligation impos
ed by bis constitutional oath, to bis duty to see the i
laws faithfully executed, his responsibility as the
head of the Fxecutive Dapartmenf, &. to bis obli
gation to the American people, as their immediate
representative, to interpose Ins authority against
the usurpations of the Senate. Infatuated .nan !
Minded t»v abmition—intoxicated by flattery and
vanity! Who, that is the least acquainted with
the human heart—who, that is conversant w ith the
page ol history, does not see under all this, the
worivi ig ofa dark, lawless and insatiable ambition,
which, il not arrested, will finally impel him to
his own, or bis country’s ruin ?
It would be a great mistake to suppose that this
protest is the termination of his hostility against
the Senate. It is but the commencement—it is
the proclamation in which he makes known his
will to the Senate, claims their obedience and ad
monishes them of their danger, should they refuse
to repeal their ordinance—no, not ordinance—
their resolution. I am hurried a way by the re
collection of events of the last session. The hos
tilities then and now waged are the same in their
nature, character, and principle : differing only in
their objects and the parties. Then it was direct
ed against a sovereign member of this confederacy
—now against the Senate. Then the Seriate was
associated with the Executive, as its ally—now it
pot to the controversy.
Since then hostilities are intended, it is time
that we should deliberate how we ought to act; how
the assaults upon our constitutional rights and
privileges ought to he met. If we consult, what
is due to the wisdom and dignify ofthe .Senate,
there is hut one mode; meet it at the threslihold
—Encroachments are most easily resisted at the
commencement. It is at the extreme point....on
the frontier, that in a contest of (his description
cutive is vested with any
slative function, so essentially do
those functions involve trie right of deliberation,
and a full ami free expression of opinion, that
they transfer with them, to the Executive, the
right of freely expressing his opinions on all sub
jects connected with such functions. Thus the
President of the I'nited States, who is vested by
the <'oiisiiiutior. will) iht? right of communicating
to Congress information on the state ofthe I'nioo;
of recommending to its consideration such mea
sures as, in Ins opinion, the public interests may
require; to approve of its acts; and to ratify trea
ties, which have received the consent of the Se
nate; has. in the performance of all these high le
gislative functions, a right to express his opinion
astothf? nature, ami character, and constitution
ality of all the measures, the consideration ol
which may he involved by the. performance of
these duties—a right which the present Chief Ma
gistrate has, on all occasions, freely exercised, as
we have witnessed this session, both io his annual
message, and the one announcing his veto on the
inorimdn of the answers to be made; also the
stance of orders to be .issued. When breakfast wni
over, these papers were distributed among bis aids, to
be pot into form. Soon after, lie mounted his Imrse
to visit the troops, and expected to liud, on Ids return
before noon, all the papers prepared for bis inspection
and signature. There was no familiarity in his pre
sence ; it was nil sobriety aud business. His niede
of life was abstemious and temperate. He had ado*
cided preference for certain sorts of food, probably
from early associations. Throughout the war, us it
was undersood in his military family, lie gave a part of
every day to private prayer and devotion.
U bile he lived in Philadelphia, as President, ho rose
at four in the morning: mid the general role of his
house was that the tires should be covered, and the
lights extinguished at a certain hour; whether this was
nine or ten, is not recollected.
He devoted one hour every other Tuesday, from
three to four, to visits. He understood himself
t«* be visited as the Presiilcntof the United States, and
not on his own account, lie was not to be seen by
any body and every body ; but required tbui every one
who came should be introduced by bis Secretary, or
| by some gentleman, whom lie knew himself. He liv
vd on the south side of Chesuut street, just below
Sixth. The place of reception was the dining room r
j in the rear, twenty-five or thirty feet in length, inclnd-
ing the bow projecting into the garden. Mrs. Wash-
) ington received her visitors in the two rooms on the
j second floor, from front to rear.
At three o’clock, or at any time within a quarter of
an hour afterwards, the visitor was conducted to this
dining room, from which all seats had been removed
lor the time. On cn ering, lie saw the tall manly
figure of Washington clad in black velvet; bis hair
in I'uiI dress, pow dered and gathered behind in a large
silk bag ; yellow gloves on his hands, holding a cock
ed hat with a cockade m it, aud the edges adorned with
black feather about an inch deep. He wore knee
, li,. i , c r , . |T a .Main luauiui .kamu mi mu. ucuu. nu wuiu Kliee
land bill. In the former fie pronounced the Uni- J1Ild ahll8 buckles, and a long sword, with a finely
ted .States* Bank to be unconstitutional, and b
of course, according to his own principle
the assailant is the weakest, ami (he assailed the j peached the conduit of Washington and Madt-
strongesf. If is there that the purpose of the ustir- son, (the former of whom signed the charter of
per Is the most feeble, and the indignation of those , the first bank, and the latter of the presents) and
whose rights are encroached upon, the strongest
Permit the frontier of our rights to be passed, and
let tl.e question be, not resistance to usurpation,
but at what point we shall resist, and the con
quest will be more than half achieved. I, at least,
lid Mr. Calhoun will net on these principles, the President of the U. Slates, should be found
all the members of both Houses of Congress, who
voted lor the act incorporating them.
I am mortified, (said Mr. Calhoun,) that'll) this
country, boasting of its Aiiglo-.Snxon descent,
that any one of respectable standing, much less
I shall take my stand at the door of the Senate, if
I should stand there alone. I deny the right ol
the President to send us bis protest. I deny bis
right to question, within this chamber, our opin
ions, in any case, or in reference to any subject
whatever. He has no right to enter here in hostile
array. These walls separate us. Beyond this he
lias his veto to protect his rights against aggres
sions from os; but within, oorauthority is above
bis interference or control.
Entertaining these views, I for one, cannot agree
to receive the protest. But it is said, that the .Sen
ate never lias yet refused to receive a message from
to entertain principles leading to such monstrous
results ; and I can scarcely believe myself to be
breathing the air of our country, and to he within 1
the walls ol this Senate? chamber, when I hear
Mich doctrines vindicated. It is proof of the won- j
wrought and polished steel hilt, which appeiyed at the
left hip ; the coat worn over the blade, and appearing
from under the folds behind. The scabbard was white
polished leather.
He stood always in front of the fire idace, with his
face towards the door of entrance. The visitor was
conducted to him, aud lie required to have the name
so distinctly pronounced, that he could hear it. He
had the very uncommon faculty of associating a man's,
name, and personal appearance, so durably in his me
mory, as to be able to call any one bv name, who made
him a second visit. He received bis visitors with a
dignified bow, while his bands were so disposed of a»
to indicate tint the salutation was not to be accompa
nied with shaking hands. This ceremony never oc
curred in these visits, even with fiis most near friends,
that no distinction miglilhe made
As visitors came in, they formed a circle around the
derlul degeneracy of the times—ol a total loss of j room. At a quarter past three, the door was closed,,
the true conceptions of constitutional liberty.— and the circle was formed for that day. He then be-
But, in the midst of this degeneracy, 1 perceive; gan on the right, and spoke to eucli visiter, calling him
the symptoms of regeneration. Jl is not my w ish
to touch on the party designations that have re
cently nbt lined, and which have been inttoduced
in tlie debate, on tins occasion. I however, can
not hut remark, that the revival ofthe party names
the President. In reply, I answer, that it has never I ( d fhe revolution, alter they had so long slumber
yet agreed to receive a Protest from him; and I,
at least, shall not contribute by my vote to establish
the first precedent of the kind. \\ itli these im
pressions, although I agree to the resolutions ot-
fered by tlie Senator from Mississippi, [Mr. Poin
dexter] as modified, n sense of duty will compel
me to go farther, and to add, at the proper time,
two additional resolution"; one nffirmiur, rb#,«
the President has no right to protest against our
proceedings, and the other refusing to receive this,
his protest.
I have now said all that I intend in reference to
the question at issue between the Senate and the
President; and will conclude by a few remarks ad
dressed more directly to the Henate itself.
Of all the surprising events, said Mr. C. in these
surprising times, none lias astonished me more,
than that there should be any division of opinion,
even the slightest, as to the right of the Senate, to
pass the resolution which has been seized on as
the pretext, tn send ns this protest. Before the
commencement of the discussion, I would not have
believed, that there was a single individual, in our
•juntry, the least conversant with parliamentary
is the object of his attack. I repeat, hostilities I proceedings, who entertained any doubt ofthe right
will he prosecuted against us unless we repeal our i of any free and deliberative body, fully andfrcely to
resolutions, to effect which, is the object of send discuss and express their opinion on all subjects,
ing us this protest; for, disguise if as we will, to J relating to the public interests, whether in refer-
w11ether in approba-
venture the assertion,
two Houses, in determining the rules of their pro ^ .. . _ ^
reeding*, which, of course, places them beyond i receive this protest and enter it upon our journals, ence to men or measures ;
the'inteif* • ice ofCotigress itself. would be a virtual repeal—a surrender of our rights, turn or disapprobation. 1
Let iis now cast our eyes back in order that we
may comprehend at a single glance, the admirable
airangemcnts by which the harmony of the Gov
ernment is secured, without impairing the separate
existence and independence ol the parts. In or
der to prevent the conflicts, which would have re
sulted, necessarily, if each department had been
left to construe its own powers, all the implied, or
constructive powers are vested in Congress ; that
Congress should not, through its implied powers,
encroach upon the Executive Department, (I omit
the Judiciary as not belonging to the question,)
the President is clothed with the veto power; and
that his veto should not interfere with the rights
of the two Houses to control their respective pro
ceedings, it is limited to hills, or votes that re
quire the concurrence of the two Houses. It is
thus that our walls are interposed to protect the
rights, which belonging to us, separate constitu
ent member of the Government, from the en
croachment of the Executive power; and if is thus
that the power, which is placed in his hands as a
shield to protect him against the implied or con
structive [lowers of Congress, is prevented from
being converted into a sword to attack the rights
which are exclus vdv vested in the two Houses.
Having now established, beyond controversy,
that the President has no implied or constructive
power—that lie has no authority to exercise any
right not expressly granted to him by the Consti
tution ot vested in him by law ; and that the Con
stitution has secured to the Senate fhe sole right
of regulating its own proceedings free from nil
interference, the fabric reared by ibis paper, and
by name, and exchanging u few words with him.—
when lie bad completed bis circuit, lie resumed In*
first position, and the visitors approached him, in suc
cession, bowed and retired. By four o’clock, this cero*
mony was over.
Caspar Hauser.
An entire new aspect is given of the circumstances
j connected with the death of this singular personage by
! a letter written from Ausbacli, Hauser’s residence, by
! the Chevalier de Lang, to the editor ofthe Leipzig Li
terary Gazette. The details of the writer tire so curi*
i deem them worthy of an insertion.
[Philad. Gax.
Ansbacii, ftd Jan. IttIM.
ed, is not without a meaning—not uitlioui
dication of a return to those principles, which lie
at tiie foundation of out Si u-rty.
Gentlemen ought to reflect that the extensive
and sudden revival of these names could not be
without some adequate cause. Names are not to ) ous that ?
be taken or given at pleasure; there must be some
thing to cause tiieir application to adhere. If 1
rememberrightly, it whs Augustus, in all llicplen- [ * * * - y 0 u know that Caspar Hauser was living
titude ol bis [lower, who said that he found if ini- i here with a schoolmaster, under whoso care he had
possible to iulro-.luce a new word. What, then, is i been placed. He returned home on the I4tli of Ue-
tlint something ? What is there in the meaning I cember last towards evening, wounded iu the breast, of
of Whig aud Tory, and what in the character ol j winch wound lie died on lire 17tli of tlm same month,
the times, which lias caused their sudden revival According to his own saying he had been invited bf
as party designations, „t this time ! I ta„e it, u T"' S V ', l “' 1,1 “ violent tempest of wind
.1 , ,i . . • , | and ram) to take a walk m the garden of the entitle,
.bat the vent essence of tory.sm-tbat which con- j „ ,/,, ir Ul0 m0Mlll „eut erected to the memory of
jtitutes a lory, is to sustain prerogative against j Uz, * lliisiinkiiowuperson presented loliim a silk purse
privilege—to support the executive against the le- with a letter, whilst opening which the stranger struck
gitlative department ol the Government, and to , him a blow with his poiguurd, which wounded bun in
lean to the side of power again*! the side? of h- j the breust.
berty ; while the Whig is, in all these parti- ^ i,e J"‘h r 'ml inquiry which lias just taken place
ciilars. of the very opposite principles. These! l )roVes d ,l *i all bis declarations are false* Until now,
arc the leading characteristics of tiie respec- I "" °" e llas •>eeu uldo to discover die least irace of this
live parlies, Whig and Tnry, and run through ! * C “’T" " L '“V! I S ""’'T
1 , , ,, .. r n eties and whiskers, tall, wrapped up m a blue mantle,
thnr application m all he variety of circuiu- ttIM] witd spurs ou. The wm.esses examined, affirm,
stances in which they have been applied^ ei- / under oath, that they saw Hauser, (who, in fact, went
thcr in this country, or Great Britain. Their | out at the hour he did, contrary to the restrictions which
sudden revival and application at this time, ought i bad been imposed on him,) enter the garden of tlis
to admonish my old friends, who are now on the side vastlo alone, and walk towards the monument without
of the administration, that there is something in being accompanied by any one; that saw him utter*
the times—something in the existing struggle ' «“"sfetufit. no person pursuing him.
ti.«. ....rtit.u il.. . i it oesides, at the place where the monument is erected
between the parties, and in tl.e principles and doc- the grollIltl covered with snow, and here and
and an acknowledgment of bis superiority, and I that such a right has never been questioned before
char in that light it would be considered by the in this country; either here or in the stale legisln- . . , — „ UB ve,v, cu „„„ „c. 0
country and the world—by the present and future I lure, or in Great Britain, for the last century, by trines advocated by those in (lower, which has ! there the print of Hausers fiotsteps were only percep
generations. any party, whig or lory Nor is my astonishment 0,1 1 1 ’ "
Should we repeal our resolutions hy receiving diminished by tin? distinction, which has been at-
nnd entering the protest on the journals, we no tempted to be taken, between the expression of an
doubt will be taken into favor and our past often- i opinion, in reference to the conductor public of-
ces be forgiven; but if not, we may expect that fleers, intended to terminate in some legislative act,
the war message (unless indeed the public indig- ' and those, not so intended....a distinction without
nation should arrest it) will follow in due time, of example or precedent, and without principle or
which the protest contains many indications, not reason. Nor am I less surprised, that it should
to he misunderstood. | he gravely asserted, as it lias been in debate, that
ed so sudden a revival, and such extensive t tible. The purse which llaiibcr said was presented ip
application of the terms. I have not contributed bi n, wan found there, but with it, a letter, the writing
to their introduction, nor am I desirous ot seeing 1 ,J1 which, and ilis now said, the contents betray ing ex-
them applied, but 1 must say to those who are in- 1 lrelne ignorance, leave the strongest reasons io pre*
teres ted. that they should not be, that nothing but s,ll,, °* l, ! L T proceeded from Hauser lnmself. In it. n*
tiieir reversing tiieir course cun possible prevent rV/ “ a ' d i 1 '"' ‘V " ' ’"" f .
,t ; . ...w;,...,7 .. 'p. .. „ .1 i l fctr, awl that he icuultl Unoic better than nnu one icho teas
their application, flicy owe ,r to themselves- the *t ranger and wlio sent him. The woundafter scratch-
they owe it to the duel Magistrate (whom they mg the pericardium enters his stomach, passes through
support.) a* the head of their party, that they ! its whole length till it is lost in the liver, which is of a
11 is impossible for the most careless observer to ' the resolution in question was not intended to ter- ^ should hall in their support ol despotic and sla- 1 larger size than usual, ujipeurs to show that it was in*
read this paper, without being struck with the ex- I minute in some ulterior legislative measure. How ] visit doctrines, which we hear daily advanced, he- | H^t«d hy himself, and renders it improbable that it
frame solicitude which the President evinces to j this impression was made, or could be ventured fore a return of the reviving spirit of liberty shall ^ ,l |l ^| ,c *5 usmM " IHlantimg
place himself in a position between the Senate ! to be expressed, I am at a loss to conceive, as it I overwhelmthem, with those who arc leading them j H|1| ,| i n d i r „ plinl ’ /, ,^, e J
and the people. He tells us again anti again-
with the greatest emphasis, that he is the immedi
ate representative of the American people. He,
i he immediate representative of the American peo
ple? I thought the President professed to be a
State Rights* man, placed at the head of the State
High's' party, that lie believed that the people of
reference to the resolutions less extraordinary
I had supposed, that our judicial were in addition
these States were united in n constitutional com- our legislative functions, and not in dimimi-
pact, as forming distinct and sovereign rommtini* j lion; and that we possess to the full extent, witli-
ties ; ami that no such community or people, ns out limitation or suh'rnction, all the legislative
the American people, taken in fhe aggregate, ex | powers possessed by the House of IG'prescnla
isted. I had supposed that lie was the President off tives, \vi»h a single exception, ns provided in the
the United States, the only title by which he is le- I Constitution Were it possible to raise a rational
gaily and constitutionally known; and that the | doubt on the subject, the example of the Lnglirli
tiled in a single parliament would clearly prove, that our judicial
have given bis weapon
i . » .1 . i i„ min . such a direction. In considering vvli.it could have in*
0|.et.ly avowed, an.l fully understood, chat we to Hieir rinn. . dueed lluuserlo commit an uct of this kind, two con-
only waited for the pioper moment to carry the j I can speak, (said Mr. Lalhotin,) with imparti- | jecturos present themselves. It is possible that as for*
resolution into effect, by giving it the form ol a | ality. As far as I am concerned, I wish no change merly ut Nureuibiirg,lie wanted to interest and mystiiy
joint act of both bouses. Nor is the attempt to j of party designation—1 am content with that the public by another story of a pretended attempt ot
limit our legislative functions by our judicial, in | which designates those with whom I act. It is. I } assassination, and that ho nad given the instrument lit
admit, not veiy popular, but is at least an honest j U8tJ d H wrong direction. It is possible too that the re*
and patriotic name. It is synonymous to resis- I P r caches ol bis conscience on his culpable impostures,
lance, to usurpation—usurpation, come from what i * ,ave driven him at last to this desperate step. The ex-
quarter .in<l uudur what aliapu ■( may; whether it j i'VT'T’ , Wl ', ICl 7'''.T P
' . . , ,, * i i , I organization was perfect, also forbids the belief in In*
Im that from llim (.nvernmont on the rights ol the long captivity ,n a dungeon deprived of all liberty «f
States, or the Lxccutivc on the Legislative De- 1 motion. .Murks of iiiocululion have too been discover*
partment. j ed on his body.
^ m i What are we to conclude from this 1 This Caspar
llccollectious ol Washington. ! Jl«»«erlia*. always acted like u mischievous boy, lying,
The following extract, on the personal character and ! Iaz *.’ n,,, ‘ '"aocHe. Rid,culm,, attempt, have been
wade to prove that he was the last shoot of the elder
brunch, nowextinet, ofthe CoutiUofTutleubacIi—then
again, that lie was u son of the Grand Duchess Htepha*
American people are not repre ^
department of the Government; no, not even in i functions impose no restrictions on our legislative, i habits of Washington, is copied from the Familiar Let
tin? other House which represents the people of < h is well known that the House of Lords, like the . t y rs on I uhlic Characters and Public events Ironi the
. the several .States, us distinct front the people in ' Senate, possesses the power of trying impeach- P e »!j 8 “J 11!?,oncmf , v .1 • - lon 1 .1 »ite from whom lie was taken away by stealth, «he be-
which rests upon the opposite Imsis, pre-supposing j the aggregate as was solemnly determined at there- j rnents, and 1 venture 10 essert, that in the long 1 rive j p r “ n | rep *,j te( j omurrinnifios nf .eein" Imn dn-1 ‘“tt “^ urcd that the child of which she had been deli*
the right to the fullest and boldest assumption of j ry commencement of the government, under the j course ol time, in which it has exercised this pow- r|nR t(io t |, r( . c , | ast } , (l j- |,j s p„|,|j u |j,- e . j | M was
discretionary powers, on the part ofthe President, immediate authority () | Washington himself,— cr, not a single case can be pointed out, in which j ovt , r s j x f ecl j„ mature ; of strong, bony, muscular
has vested all fhe implied and constructive powers | falls prostrate in the dust. ; Such, 1 had supposed, was the established politi- j it was supposed, that its judicial functions were j frame, without fullness of covering, well formed and
in Congress, and in Congress alone. Hear what With these views it will not lie expected that I j cal creed ofthe party at the head of which he pro- ; diminished in any degree hy its legislative; and straight. He was a mail of most extraordinary jdivsi-
the Constiiuti ju says: M Congress shall have pow- should waste the time ofthe Senate in exatnin* I fessed to he, and yet he claims to be not only the ‘ when we reflect, that this portion of our Consti- cal strength. In his bouse bis action was calm, deli-
er to make all laws, which shall be necessary aud ing its contents; but if additional proof were nr- representative, but tlie immediate representative i tution i
nr:tn*r for parrvino info o vocntirin ilm IV.... r. ... .1.. . .... i* ■ i . I ..i* .1 A .... ... t _ It I. ......... I Aft.. . ' nl,i mu
proper for carrying into execution the foregoing
power," (those granted to Congress,) ‘*and alt ci
ther powers vested hy this Constitution hi the Go
vernment of the United Stales, or iu any depart
ment or office thereof.
Comment is unurccssary«>tlie result is inevita
ble. The Executive, and I may add. no depart
ment, can exercise any power, without eiprrtt
borrowed from 'li“ British, their exam
i decisive, as to the point
cessary to confirm the truth of my remarks, and to ! ofthe American people. \\ hat effrontery! What , pie must be considered
show how strong would have been the tendency to j boldness ol assertion ! The immediate represen- ] under consideration,
conflict, and how dangerous it would have been to | tative! \\ hy, he never received a vote from the A- 1 But let us reflect a moment to what cxL-nt we
have left the several departments in possession nf> merican people, lie was elected by elec tors elect- i must necessarily be carried, il we once admit the
the right to exorcise implied powers at (heir [dea- j cd either by the people of the States or by their I principle. If the Senate lias no right
sure, thin paper would afford the strongest. In j Legislatures, &.of course is at least as far removed quence of their judicial functions, lo express an
illustration of the correctness of this assertion, I from the people as the members ofthe body who ' opinion hy volt? or resolution, in reference to the
will select two or three of its leading positions, ' are elected by legislatures, chosen l»y the people ; : legality or illegally ol the . ctii of public function-
Imratu, and dignified, without pretension to grace
fulness, or peculiar manner ; hut merely natural, und
inch iis one would think it hliould be hi hucIi a man.—
When walking in tlio street, hi* movements Iud not
the soldierly air which might bo expected. His ha
bitual motions bad been formed long before lie took
consc- | command of the American armies, in the wars of the
interior, and iu the surveying of wilderness lands, em
ployments in which grace and elegance were not likely
to he ncpiiml At the age of sixty-five, time had
grant by the Comtitution or by authority of taw. j which will cliow, whai u chic barriers reason or re- mill who, if liia trnlh must he told, more Cully iinii j uries, they have no riulit tu express such opinion ' lm,e "ollntig imv.irilx l/cmliu* him nut of bis natural
A most noble and wise provision full of the mosi 1 C a n | lo consistency would be to nrevent conflict licrlectlv represent the iieinileof these Slates than I individually in debate ; ms the (injection, if it exists 1 . 1 In deportment was invariably
debate 7ms tl.e objection, il it'cxisls I er«ctn.;ew His deportment was invariably «r«v
. . . rl . ii ' . .i i ..... i t . 1 was sobriety that slopped short of Hudut'M. His pra
Die introduction of j nl all. k»t's to the expression olan op moo by j,,,„ v ,! l ! B „ li0 |, i am , „ ,.,„ li „ K ol awe
lie w io fins | r;jr( .jy experienced in the presence nf nny man
( ered was dead. It is thus that his stupidity has been
I worked upon and his imagination perverted by forcing
i him to believe that he was die son of a prince, or at
least of a count. Accoiding lo my belief, it is very pr^
liable dial this phenomenon is no one else than the Mer
ry Andrew, of some one of those troops of mendicant*
which abound iu Lower Bavaria, and that Ins parent*
bad takeiihiiii with themon a pilgrimage to Alten-E.ten*
gen, where ho was to exhibit himself al one lime as crip
ple, at another as a simpleton; then when a wager li«d
been mad**, be w as to surprize the public by marks ot
good senso or some other unexpected talent- Such®*
lor instance, the cripple leaping with agility on a hor*«
and then managing the animal like a good rider.
In support of this opinion, are the facts of hi® # P*
poarance at Nureinburg in the garb of a niondi®*^’
Ins vulgar dialect, common in those parts of Bavsri®.
. 1119 llllgu, U.UIUVI, » WIIIIIIIJII III IIIURU | , i
I ilm roaiiry ho had about liim wnh die prayer, print*
JR-
and addreaaed to our Lady of Alton-Euiiijeu; d'* n *'
gain Ilia deileriiy iu riding which immediately * ,rl ! c .
Ilm good citizen, of Nurcmburs. And 1 conclude *"*
- •— mendicant"
In. own a«;
t . gird to cnnaialeney would be lo prevent conflict ] perfectly represent llie people of llieae fc>lale, than I individually
important con.equencea. By if.uuraia madeem-I between tile dcpiiilnienta. or to protect the le^ia- llie clcitoral college., ainre the introduction of j nl all. goca
politically, a conatitutionni nod a legal Govern- | Intiv,- from the Executive branch of the Govern- i nalinnal convention, composed ol oflice holder. ! dividual, aa well aa by the body.
merit in.tead of a Government, which ia con- | ment, and how regardle.a the I’re.ulent ia of con- l and aa|>iraula, under wliuae auspice, the preaideu- made up an opinion ami avowed ii in ib bate would . of .peaking waa alow and delibernle, not u« ) omaona m lauremimrg.
Milled by the di.cretion or caprice of tbo.e j ai.teney or reason, where liie object ia the ad- ! tial candidate of the dominant party ia .elected, be a. much disqualified Inperforni hi. judicial Tunc* 1 though lie waa in search of fine word., but that he [ niirwr e na troupe o avaria j
,r# iPPoioled to ^admini.ter und execute its j vanerment of the power, of hi. department. j and who, inatead of the teal voice of the pie, tio.ia, aa a judge oil a trial of impeachment, as if might alter tlmae only adapted to hi. pnrpoao. It wa. Cl 1|4I1( ®*™™ ]™ j" 0# niion and my.liti
MVera. By it, our Government, inatead ol cm- In order to prove that the Semite bail no right ( uner that of a mercenary corps, with interests di- he had e,pressed it hy a vote ; and id eourae, die usage for all persona, in good society, to attend , ml „ )r t(l a „ c |, „f thh.
aiWng of three independent, .euarate, conflicting I «o pa.s the rcaoluiion in question, the President recily hostile to them. whatever restrictions the judicial function* of the Washington’, levee every I relay evening, lie ., r '„uer, and in aubiisli it with of wl*"
Mdhoatilo department*, ha. all it. powers blend- enters into a long di.quiaiiion outlie nature and i llui why all this aolicitudn on the part of the Senate may be .opposed to impose, would lie res- , ecLUl? ! out my signature. I-ANO^
•d harmoniously into one, without the danger of
•onfliet, and without destroying the separate and
independent etislenre of the parts. Get us psuee
fef • moment, lo coutemplpte thin admirable pro-
v::; ( :.r.r.!r: i zt ule,,, “ : ,,r
... whatever restriction* the judicial functions of the ■' lr ». Washington’s levee every Friday evening, lie ■ Uu’uk’iiriipar'uud to publish il with or w
solicitude on the part of the Senate may he supposed'.,, tmpoae. would he res- """ »>«;•>* I-'*"" The young lailte. njed to throng | J,' , !' ' Z P ' ' * NU
v—at,,-, uuvBram.nl. no ma u.. Mini ■ "..m" •*» i>i«e« nimsell near lo the people, and tnctiona on the lilerty ol discussion, us well us , t( „. vv "|| remembered beUn of that ilsy 1 • A Ivric poet horn at Aiwbach
It couaiala ol these separate and independent de- to push o. oil lo the greatest .linlai.ee 7 Why that ol voting ; and consequently destroy Inc { „| in imagmed ihonisolvM lo h* favorites will, bun.— j The Hoelety nf “ the friends of I
part menu—l Im legislative, egei ulivc, and the ju- this aolicitudn lo make him. elf their side repre- freedom of the debate tecured in a* hy the Con- these were the only opportunities whiiii they had | memory tins monument, surmn
dicisl. That the iint t* vested in Congress, the .enislin', llie,r only guardian and protector, their aliluliun. of roineiMog with him, they were disposed tn us« 1 bust