Cherokee phoenix, and Indians' advocate. (New Echota [Ga.]) 1829-1834, May 17, 1834, Image 2
Congressional,
■ Fro n the New York Advertinr.
IV SEVATE—April 21
A message was received from the
President of the United States, by the
hands of Mr. Dinelson, explanatory of
some of the expressions and arguments
contained in his Message and Protest,
communicated last week, which was
read. (The message will be found in
another column )
A debate ensued, in which Mr. Pres
ton. Mr. Forsyth, Mr. Ewing, Mr.
Poindexter, Mr Ki tg, of Geogia, Mr.
'Calhoun. Mr. Clayton, and Mr. Web
ster, took part, and which will be given
with all oracticable despatch.
Mr. Clay then moved to lay the pres
ent subject on the table, in order to
proceed to the consideration of the un
finished discussion.
After a f**w words from Mr. Pi»in-
Je-.der and Mr Calhoun, at the sug-
g<; oi l i of the Chair, that the two mes-
*h-j"s were to be regarded as one, Mr.
CUiv having withdrawn his motion, the
Senate proceeded to tlie consideration
of the unfinished business, being the
special order
M-. Poindexter then modified his
nse’i 'i, tliat the pao«r he not received,
by s i ^uniting a in >ti >n to adopt the
fallowing resolution:
“Resolved, That the President, in
transmitting the paoer which he did to
gislative Department to provide ly law 1 much more in it than indecorum, or
for the custody, sate keeping, and dis-j want of respect to the Seuate; and I
prop-1 think we shall best consult the cliatac-
I ter of this body, and better fulfil thee.x-
Although 1 am well satisfied that 1 pectation of the country, by going at
such a construction is not warranted by once to the dangerous assertions of pow-
any thing contained in that Message, er which the paper sets up, - and fully
erty
yet, aware, from experience', that de- i exposing those claims of power to the
tached passages of an argumentative People. The President denies that
document, when disconnected from this House, or indeed either Houses of
their context, and considered without Congress has any right to express -any
reference to previous limitations, and ; opinion upon his conduct, except by
the particular positions they were
way of impeachment This is, indeed,
tended to refute or establish, may be , new and startling. That in a popular
made to boar a construction varying : Representative Government, the Re-
altogether from the sentiments really presentatives ot the People may not 1 will resist with lirnindss and constancy;
entertained and intended to be express- J express their opinions upon measures ot and in that resistance they will be sup-
shall know who has approved sending
of this Protest. I hopo we shall learn
who haa made himself partaker in it,
by positive sanction, or silent acquies
cence.
Sir, I will not now discuss the asser
tions, the pretensions, the dangers, ot
the Protest Others are in possession
of the debate. 1 do not see that the.
case is altered by this codicil. The
whole measure is of an alarming ex
tent and character It attempts one
great strnte tow ai ds the accumulation
of all the power in Executive hands;
u stride which 1 d mbt not the Senate
ed; and deeply solicitous that my the Executive power, is a doctrine, 1
views on this point, should not, either believe, now, for the very first time put
now or hereafter, he misapprehended, | forth Mho has ever heard of it ite-
1 have deemed it due to the gravity of fore? Though this right is denied to
the subject, to the great interest it in- ‘ either House, the President’s reasons
volves,’ and to the Senate, as well as to : ate urged mainly against the right of
myself, to embrace the earliest oppor-j the Senate, and the chief reason is,
tunity to make this communication. | that the Senate are judges in eases of
1 admit, without reserve, as 1 have • impeachment, and that, therefore, until
ported by the country.
lHMBIMit.
done before the constitutional power | impvachment come, it should be silent.
of the Legislature to provide by law,
the place or places in which the pu lie
money or other property U to lie de
posited; and to make such regulations
concerning its custody, rein >val, or
disposition, as they may think proper
to enact. iNor do 1 claim > >r the Ex
ecutive any right to the possession or
disposition of tiie public property or
treasure, or any authority to interfere
the Semite, on the 17th instant, which j with the same, except when such pos-
he requested to be placed on its J nr- j session, disposition, or authority, is gi-
nals as ai Executive Protest, against
a Resolution oasspd by the Senate,
made a communication not authorized
ven to him by law; nor do 1 claim tiie
right in any manner to supervise or in
terfere with me pers n entrusted with
by the Constitution, nor warranted bv ] such property or treasuie, unless he be
mutual interchange of communications
which the discharge of official duties
render necessa r v and proper between
the Legislative Departments of the G •-
ernment.
“Resolved, That the President, in
the naper above referred to. assumes
powers in relation to the Senate not
authorized by the C institution, and
calculated, in its consequences, to de
stroy that harmony which ought to exist
between the co-ordinate Do lartments
an officer whose appointment, under
tiie Constitution and law s, is devolved
upon the President alone, or to con
junction with the Senate, and tor wn .se
conduct he is constitutionally respon
sible.
As the Message and Protest refer
red to may appear on the Journal of
the Senate, and remain among tne re- j
corded documents of the nation, 1 am !
unwilling that opinions should be impu
ted to me, even through misconstruc-
of the General Government; to inter- tion, which are not contained in it; and
fere with the Senate in the discharge more particularly, am 1 solicitous that
1 may not be supposed to claim for my-
ofits duties; to degrade it in the public
opinion: and finally, to destroy its in
dependence. bv subjecting its rights a>d
duties to the determination and control
of the Chief Magist rate.
“Resolved. That a communication
<#*a inner of such a character, with the
declarations that accom >anierl it, is a : and that it mayr tie entered therewith")!!
sell', or my successors, any power or
authority not dearly granted, by the
(’•institution and laws, to the Presi
dent. i have, therefore, respectfully
But this objection, it is obvious, would
stop the mouth of the Senate, with tes-l
pect to every other officer . of the Go
vernment, as w ell as the I resident,
because all officers aie equally im
peachable, and the Senate must try all
impeachments
1 kuow aot, Sir, who drew this Pro
test, but whoever he was, instead of
looking for S">und constitutional piinei-
ples in the history ot t:ee Government*
in the practice of 1 egislatures in the
United States, or elsewhere, lie has
coctented himselt w ill) an ancient truism
from the black letter law nooks, that
the 11 use of Lords cannot institute an
impeachment, or frame articles, and
then try it themselves. But do not the
Lords, ail well as the Comm ns, ex
press their opinions, by votes and ies-
olutious, of the conduct of Ministers ot
tne Crownr \ et they have the power,
and the sole power, of impeachments
Lhe Senate lias an und unted rignt, in
my opinion, to express ns opini ns <>n
tne puuii: conduct of the Executive >>l-
ficers. The c mimgency , that it may
he called on to try an impeachment, is
no bar to the exercise of this right.—
Doubtless the*e may be cases in which
the propriety of its exercise might be
too much influenced by the considera
tion that the Senate held the power of
judging on impeachment. But this is
matter of discretion. In every case,
Correspondence of me Jouml of Commerce.
Washington, April 17, 1834
T ln»' has been a day of unparalled
excifi inenl hi Congiess. At fii o'
clock, when the Senate met, Mr. D* n-
elson, I mate Secietary of the i resi
dent si * od at the door with a message
which was immediately judged to ue
the expected “appeal from the tbeuate
to the people.’1 he messagi was an
nounced and its reading commenced.
1 he me in be is ol the ’louse lushed al
most in u u.dy to the Senate ciiambwr.
'1 he document purported to reluie to
the Resolutions passed oy the beiiate
on the .-.tiifjecl ot the- assumption and
will all be here next week it is believ
ed. - .
You will find the President’s mes
sage in the Globe of tomorrow. The
President and the Senate are now at
issue, and you will shortly see further
demonstrations of hostility on both sides.
The Senate will refuse the appropria
tions, and the President will adjourn
Congress and carry on the Government
without them. The Senate will reject
all nominations of importance, and the
President will appoint what officers he
pleases. No one can look at the pres
ent state of things without foreseeing
this result.
-The House had up the appropriation
Bill today It goes heavily and slowly
through the House No progress was
! made in it today. The amount of gov
ernment money in the Bank of Alcxun.
dria was $20,000, but it is well secur
ed.
ilV
iro
abuse oi power by the Executive lit
to request that this communication may ! the Senate must proceed upon its own
be c nsidered a part of that Message
plain, an open breach of the constitu
tional rights an;l privileges of the Sen
ate. and that it -annot be received by
the b.dv, without a surrender of the
just lowers confided to it bv the C >n-
stitn'ion, in t-not, to secure the liberty,
and or-nnote the prosperity of these
/safes, and which *he memners a>e
bon id to maintain under the sacred ob-
liga'ion of an *ath.
.1 solved, therefore, Thn‘ the paper
be not received by the Senate.”
After the rending of a u irtion of the
original protest, by Mr. Bibb, on the
subject of the charge of the public mon
ey by the Executive, in order to show
what .ere the statements which had
been explained away by the supple
mentary message—
''•Ir. E ving addressed the Senate at
h igth, on the subject of the motion by
M Poindexter. (His remarks will
* b<; given hereafter )
Mr. Kane then obtained the floor,
but gave w a y while.
Mr. vVilkins moved to lav the motion
on the table, and to proceed to the con
sideration of Executive business; which
was negatived —ayes 19, noes 20.
Mr Forsyth then moved to amend
the resolutions, so as to introduce into
the body of them the original protest of
the President, and also the supplemen
tary message, and asked for the yeas
and nays on the motion.
Phis motion led to a discussion which
occupied some time, and in which the
m tion was objected to, on the ground
that the rule of the Seriate required that
every motion to amend a written pro
p -sition, should he submitted in writing.
Mr. Forsyth thpn sent to the Chair the
originals of the documents, which the
Chair (Mr King of Alabama) decided
to be a compliance with the rule.—
Against this decision, an appeal was
made by Mr. Calhoun; but before there
was any decision on the motion of ap
peal,
The Senate adjourned.
tne Journals of the Senate.
ANDREW JACKSON.
April 2Is/, 18.94.
This Message gave rise at once to
an animited ^though incidental) debate;
and trie whole day was consumed, as
the reader will see by the Report ol the
proceedings, in a discussion growing
out of the original Message and this a-
mendmefit t«> it. T he late hour, and
previous engagements of our columns,
Compel us to i»e content, for to-day,
witn u onuf notice of the day’s pro
ceedings.
From the Notional Intelligencer.
Another Chapter of History.—The
following Message from the President
of the United States, to the Senate,
was received' and read in that body, at
tll<? Oneninor nt* VAalPrrlnv’a uittimr*
(he opening of yesterday’s sitting
To the Senate of the United States:
Hnving reason to believe tlint cer
tain passages contained in my Messuge
and Protest, transmitted to the Senate
on the 17th inst may be misunderstood
1 tin k it proper to state that it was not
111 f ' 1 i *n f deny in the said Mes-
Monday, April 21, 1834.
The Explanatory M ssage from the
President of the United States, to the
Senate, having oven.received and read
and Mr. Poindexter having moved to
include the said Message in the mo
tion winch he had made upon the ori
ginal Message, viz: that it be not ro-
oen ed—
Mr. Webster rose. He said he had
arrived in that City, and resumed his
seat since tiro debate begun, and he
rose to say , that he thought the trans
mission ol tins Protest to oe one of the
most important und ominous occurren
ces of tne times. It is, suid Mr. W ,
a communication of so anomalous a
character, in the first place, that it per
plexed the discrimination ot tfie Senate
to know what preliminary disposition to
make ol it. Some are for receiving it,
others are against receiving it, altho’
it has been read and its contents com
mented on. It seems to hang, at pre
sent, in a pendulous condition, between
reception and rejection. It has no rest
ing place. It is like the coiiin of Ma
homet, suspended between Heaven and
earth, as unfit to go higher, and find
ing no proper abiding place here be
low. But 1 am unwilling that this dis
cussion ol this great and grave topic
should be embarrassed by questions of
form. I am obliged to the member
lrom Mississippi, for the strong grasp
which he laid on the principles of this
Paoer, at its first appearance, but as
to the form of proceeding with it, i
confess 1 should preferred to have pass
ed over the question of reception, and
gone at once to the substantial charac
ter ot the Protest itself. It is too in
teresting, and it will prove so—too ex
citing, and it will prove so, to go from
the benate, till it shall have received
such discussion and such reply ns it is
entitled to.
it is said that the paper is Indeco
rous, and justly ofi'ensive to the self-
sense ol propriety and justice. There
may be, sometimes, good reason to re
frain tri m expressing opini ms, and
sometimes there may be tfie highest
propriety in expressing such opinions
in the strongest manner. '1 fie right ol
doing so is clear, and is not to ne dis
puted. The- possession of judicial pow
er does not abridge the legislative pow
er of the Senate it does not take a-
wav any ofits rights as a representative
body.
Sir, the President of the United
States lias been misled He is unin
formed, or misinformed, as to the real
stale ol opinion in tne country i fear
there are those who share his confi
dence, and who present to his view on
ly one side of things. The state of the
country is alarming. Members of the
Senate, who have not been nut of this
city for five months, are not aware of
the depth and strength of the punlic
feeling. 1 should liae to know what
advisers have recommended to the Pre
sident to send us this protest. Its cir
culation through the country will udd
fuel to leelings already sufficiently en
kindled. The President has around
him the Heads of Departments. Can
any body tell us whether uny of those
heads, and if any, which of them ad
vised him to send this paper to the Sen-,
Ur which "it them, it'any, sat bv, !
the removal of the deposition, &.<.. i tie
President rust c> in plains that ue was
not a party to tne trial, dial lie. v.as
tried and condemned wituout alieaii-.g,
tx.c. He proceeds at gieat length to
aiguc against tne power ol me ocnate
to censure me acts ot tiie Executive,
except us jmlges, in ca*e of impeach
ment. He insists too, dial the oluugo,
in the resolution as it passed, is vague
amt undenned, and that Had tne two
chaigcs, as made in the original reso
lution,' been su milted to the benate,
they w• uiu not iia>e been sustained oy
a iiiujoutj ot tliat jod_,. lie uiscusses
the two distinct cnuiges, first of his
having aoused the power ot removal
ti m V'lnce, and second, that ol usurp-
mg pviwei in leuiovui ol tne deposites,
at g.cat itiigtli, going over all the
gr uiids vvhicn have neietofote been
taken in the discussion* it this sunject.
Aitei i.lushing tins topic, he refeis to
matters inciueutal to the pussage and
discussion oi the ivesolutions lie re
fuses to cousiuer tne vote as the voice
of the Senaie, because them are a
numucr ot Senators w limn fie designates
as Senators from such and such States,
who disobey in their course tne instruc
tions of their respective Slate legisla
tures. Furtlierinoie, he contends tnut,
in case of an impeachment, fie could
not be condemned by a vote of less
than two thirds of the Senate, which
v >te was not obtained in favor ot the
resolutions,—that though he cannot he
removed from office ny this decision of
-the Senate, ^et the principal part ot the
punishment, wiiich is the reoided and
otiicial censure i.f'the f'resiffi'nt by the
Senate, lias been indicted upon him.
it he was to submit to this, tin* piffin-
ples ofthe constitution v uid be sub
verted, the executive powei w mid be
overthrown, and fall into contempt, and
the Senate would ue left in the control
of the . destinies ofthe country. He,
therefore, protests against the resolution
of censuie passed by the Senate, and
stales that he has ordered his Protest
to be recorded in the archives ofthe
Executive Department. Towards the
close of the paper, which occupied an
hour and n half in reading, he spoke . f
his revolutionary services, iris incor
ruptibility, his responsibility to the high
and eternal power at whose bar he was
and his determination
give track to the people their insti-
id
11*
tmi
Bi
se
THERE IS CAUSE FOR AT ARM!
Mr. Sprague, of Maine, thus closed
his eloquent speech in the senate, up-
ou the removal ofthe Deposites.
“imay be deemed an alarmtst.—
There is cause for alarm. M hen onb
van, encroaching upon Congreks, the
Senate, and Judiciary, arrests and mils
hack the course of Legislation—inter
prets laws, treaties and constitutions—
assumes tin* vvh le powei of appoint
nienl—h filing at the same time abso
lute contr- I over the Army , the Navy
tlie* Post Office, an affiliated Press, &
tlies whole sw arm ot Executive officer
—and now, superadded to all, and thi^e
ti emend* us money power, the fiscai
agency engiafted upon banking ca,
;al - can li> city be safe—saje—when q y
bon constrictor is dosing around her hi:
ciavving and ciushing folds!
There is cause of alarm. — If this ap.
paling accomulatian of power may b<
acquired in the time of profound peace
what may not be accomplised in th<
exigences of war—war, whicn the Ex
ecutive Chief can at any time create
He lias but to order the army acrosi
the lines to take possession of a foreigr )'"i
territory; or the commander of a sin
gle ship to insult a foreign dag, or re
sort to any of tfie well known expedi
ents of passages, to provoke hostilities
and it is done —Congress, indeed, maj [II■
not declare it—but other nations vvi|
make war upon us; and no treaty cai !of
be formed but by the President; ant or I
ll lie shall grasp further power to mee
t.ie emergencies which h« himselt liafpat
created, will you impeach him? Jm
peacli your chiei, flagrante belle, wiier Tli
u *4mug Executive may be essential t
self-pi eservation
1 confess I do feel alarmed And,
my strength bore mv propoitmn to th eu
depth and sincerity of my convictions mi
l w ould aise my voice till it passed e» ur*
ery lull, oiled every valley, and wa the
eefi ed hack from every cottage on ou
remotest Holders. 1 would say t<> th
people, the STHONG .via\ of the lan
. awake tr >,u our false security, sleep n
longer in the lap of >iir Delilah! y
will be shorn of your strength, an
bound in lettei s, y**ur eyes sealed
from the light of Heaven—and be inati
to grind in tne null for lords and inn:
ters—until, in blindness and in rag*
you shall lay hold of the pillar* of tl
fabric that sustains them, and bur
y Ouiself and your oppressors in uiuli
tinguislied ruin The progress of E.v
ecutive powei and prerogative must i>
arrested—it must be arrested And if
he n**t d* ne now in this generation, l
the peaceable means of constitution
resistance, it a\ ill be hereafter, by tli
convulsive throbs of posterity—convu
sions u'hich will baptize our children 1
their own blood!
ate \ : -‘“V"’ “ “‘V ’ a “\ u -r* I soon to appear,
neither assenting or dissenting, atruid t o give back to „„ ™
to speak their minds, or unwilling to . tll .* .*
hazard their places? * Litmus, tree Jrom the cor,upturn and
Sir, it is not without some color of
reason that the President, in this pa
per, speaks of the Heads of Depart
ments as/tix Secretaires. One half ol
them have nev er been continued by the
Senate. Three oi them, usually call
ed members of the cabinet, being,one
hall ot the whole, were appointed last
year, in the recess of Congress, and
now, when we are near the end of the
fittli month ot tiie session, their appoint
ments have not been sent to the Sen
ate for confirmation. This is a thing
before altogether unheard of 1 hesi
tate not to-say that this course is de
rogatory to tiie lights of the Senate,
and inconsistent with the intent and
spirit oj’ the Constitution, it is alto
gether without precedent. Other Pres
idents have felt it their duty, when
they have made appointments in the re
cess, to send them to the Senate imme
diately upon its assembling. Usually
such nominations come to us the tirst
ten or twelve days of the session, it
Ims rarely happened that they have
been delayed so long as a month. But
near live months have now elapsed,
IMPORTANT*
Revolution —We are really on tli
eve ot a revolution.—Gcncial 'jacks*
yesterday sent a Message to the Sei
ate ol such a nature as calls for tli
loudest reprobution ot’ the America
people. It the principles of that me
sage be acquiesced in bv the people-
it it is to be considered as a precedeul
domination of monied monopolies
Mr. Poindexter rose, and, in a sol
emn, but evidently agitated manner,
moved tliat the paper be not received
In the TT „Ai remarks, he »*M-
ed to a fact no( well known l„ the pub- ,| 1H ulld lulurc Vre.ident,, then
lie, viz, that this was not the tirst mes- ~
sage sent this session to the Senato,
the reception of which was refused.
The President had once sent them a
message which his mvn friends were
ashamed to defend, and it was returned
to him, and not received until the of
fensive passages contained in it were ....
expunged This, I presume, refers to ! ses”sim7o7aU‘the moneys in
the .Executive message, renominating
the rejected Bank Directors.
The debate soon became hot &. gen
eral. Messrs. Frelinghuysen, South
ard, Sprague, Benton and King parti
cipated in it. Mr Leigh has the floor
for tomorrow. He would not trust
himself to speak upon the subject to
day, for he felt that he could not restrain
his indignation, and he was desirous of
dicussing it with the coolness which its
importance deserved.
Messrs. Clay, Webster, Preston,
and yet these nominations are m t sent Tyler and Forsyth, are absent from th*
ana* ihk ...j : .I.. , , —. J — *> . « ■■ v, — ..w... in. me wnrmesi manner nv iviessrs. j
**ge, ia« power an4 »i h ht ot the Ee-j respect ot the Senate; but there isjtous. When they do como, i hope wo j City on tins exciting occasion. They tffixter, bpiague, Frelinghuysen, an
the Constitution at an end—the rev*
lotion consummated, and th* L
live the Lord and Master of in m
States. He denounces the Lennt
passing the resolution disapj *
the removal ofthe deposites, ci
thern with violating the Constitutim
and claims for the Executive the poi
the tout
try. to hold it under his sate keeping
in the same muuner as lie keeps th
other puniic property of the Genei
Government.
He accompanies this with a denifi
ciation of the Senator from Maine, M
bprague, Air. Ewing, of Ohio, an
Messrs. Suutha d, and Frelinghuvse
for not voting in accordance with th
instruction of their respective iegisli
tures?
Great excitement was produced by
in the Senate, it was denounced
ip wannest manner bv Messrs. Poir
TI
the
the
pc i