SENATE.] President's Protest. [APRIL 29, 1834. All this is done without notice, without defence, or op- of an infraction of the constitution and laws, can the other portunity of making defence; and done too, by the high-be charged with intrusion, or improper interference, when est judicial tribunal known to our Government. In other he shall say to him, "You have pronounced me guilty of tribunals, the trial precedes the judgment. Before this, the commission of error, or dereliction of duty; but our the sentence of condemnation is passed, and then comes constituents and superiors have declared that I have done the trial-a trial pro forma merely, to comply with the my duty, and you have committed an error; and in supletter of the constitution. But suppose the evil intent is port, and as evidence that I am not mistaken, the Legisnot to be legally inferred from the act, and that the ac- lature of New Jersey, the generally acknowledged organ cusers must bring proof to establish it. This kind of in- of the public will, have, upon their records, declared that vestigation depends on no known and fixed principles or I have not violated the constitution or laws?" Further, rules. Each individual most frequently decides according can it be wrong for the President to show to his contemto his predisposition to think favorably or unfavorably of poraries, and to posterity, that although certain Senators the party accused. Those who have habitually denounced did pronounce him guilty of misconduct, yet the Legisthe Chief Magistrate as a tyrant, despot, usurper, and that lature of the very States represented by those Senators he is endeavoring to concentrate all power in himself, approved of his conduct, and the vote of condemnation will feel inclined to think badly of his motives, whenever given against him by those Senators was an act of disobethey are called on to judge of them. On the other hand, dience to legislative instructions? those who believe the Chief Magistrate to be a patriot, a These same gentlemen have often done the very acts friend to liberty and the constitution, will not readily ac- which they complain the President has done. How often quiesce in the opinion that he has been guilty of inten- has each of them in our hearing declared that the memtional error. So that, in fact, the mind of every Senator bers of the Legislatures have pronounced an erroneous is made up, as to what his judgment would be, were the judgment, and have taken an appeal from the decision of President now before us, on his final trial for the acts their Legislatures to the people themselves. This is complained of. According to my humble judgment, al- right when they do it, but if the President of the United though the constitution designed that this body should States does not submit quietly under their judgment and be the ultimate judge between the state and its high of denunciations, he is interfering improperly between them ficers, on account of its wisdom, independence, integrity, and their constituents. I think it will be difficult for gen and impartiality, it has, by prejudging the acts of the tlemen to succeed in satisfying the people that they can Chief Magistrate in this case, unfitted and disqualified it-interfere between members of the State Legislatures and self from the discharge of its functions in the manner con- their constituents; can censure and condemn the Chief templated by the framers of the constitution; and the con- Magistrate, unimpeached by his constitutional accusers; clusion I draw from all this is, that the Senate of the Uni-and that the party thus treated has no right to speak and ted States "has assumed upon itself authority and power be heard in his own vindication and defence. Sir, there not conferred by the constitution and laws, but in deroga- is a strong sense of justice in the people of the United tion of both." States, which forbids me to believe that they will sanetion such sentiments or such proceedings. I will now proceed to say something upon what has been urged by others, who oppose the reception of this protest and its explanation. to. Gentlemen opposed to the protest and explanation, change their position so frequently that it is impossible Some of the remarks made by the Senator from New to say on what proposition we are finally to vote. When Jersey, [Mr. SOUTHARD,] I will neither repeat nor reply it was first presented, the Senator from Mississippi (Mr. I can do neither, without the use of language which POINDEXTER] moved its rejection. After a discussion of I do not indulge in elsewhere, much less will I do so in some days the Senator from Kentucky [Mr. CLAY] moved this honorable body; but upon this occasion, as upon all an amendment proposing a quasi reception of it, by which others touching the veracity of individuals, whenever it it was to be received, read, and sentence passed upon its may become my duty to decide, I claim the right, not contents, but it was to be refused a place upon our Jouronly for myself, but for every American citizen, of manals. The other Senator from Kentucky [Mr. BIBB] now king the decision according to the convictions of my own moves an amendment, by which the original proposition mind, paying a due regard to the opportunities which is to be restored, and these papers to be rejected. I coneach of the parties may possess of knowing the facts of sider the proposition of the Senator from Kentucky [Mr. which they respectively speak. The same honorable CLAY] as the most exceptionable course that can be sugSenator has charged the Chief Magistrate with an imper-gested. If this protest be unfit to have a place upon our tinent intrusion or interference between him and his con- Journals, it is unfit to be considered and have the judgstituents, in presenting in his protest the vote of the ment of the Senate upon the merits of its contents; beLegislature of New Jersey approving the acts of the Pres- sides, there would be an unfairness in this mode of proident, and instructing her Senators to sustain him in the ceeding. The judgment of the Senate is to form a part of very measures for which the Senators of that State have, the record of our proceedings; we exhibit to the world by their votes, condemned him. I say nothing of the the judgment passed by the Senate against the doctrines harshness of the language employed by that honorable contained in the protest, but we conceal from it the subSenator. The term indelicate would have conveyed his ject-matter itself, upon which that judgment is rendered. meaning sufficiently strong; but I have something to say Those who read our Journal have no opportunity afforded in regard to the right of the President to speak upon this them of judging for themselves, whether the decision we subject. The Chief Magistrate stands in a very different have rendered be just or unjust. The object of the con relation to the people of New Jersey, to what I and other stitution, in providing that a Journal of the proceedings of Senators from different States stand. My first duties are each House of Congress should be kept, was to enable to the people of Tennessee-by them alone have I been our constituents to revise and rejudge our judgments. elected. To their interest my attention is particularly The Journal of this body is distributed throughout the directed, and to them I am accountable. But the Chief United States, not only for the purpose of general informMagistrate is the officer of New Jersey as well as of Vir-ation as to the course of the Government, but for the ginia, Tennessee, and the other States. The people of purpose of enabling our constituents, respectively, to see New Jersey are his constituents, as well as the constitu- and know how each member has acted. By the course ents of the honorable Senator. They are both the pub-proposed to exclude this paper from the Journals, and at lic agents or servants of the people of New Jersey; and the same time giving a judgment upon its contents, we when one of these agents shall pronounce the other guilty deprive our constituents of an opportunity of deciding APRIL 29, 1834.] President's Protest. [SENATE. upon the propriety of our own conduct. I shall vote protest sufficiently plain and intelligible; it is, however, against the resolution proposed by the Senator from Ken- subject to misconstruction. The explanatory message tucky [Mr. CLAY] which condemns the contents of the puts the opinions of the President beyond all cavil. In protest. When my constituents, or any of them, shall it, he states, distinctly and explicitly, what claim the Exsee this vote upon the Journals, how can they determine ecutive has, in reference to the public money, and shows whether I have voted right or wrong, unless they also see it not inconsistent with the uncontrolled power of Conand read that paper, upon the contents of which I have gress over the whole public treasure. And all we ask voted? So, on the other hand, a Senator gives a vote is, that these opinions may be placed before the people of condemnatory of the protest, how can his constituents the United States, that they may judge of their sounddetermine whether he has acted correctly? Should the ness. Gentlemen have insisted that we have no preceproposition last named prevail, our judgment against the dent to justify a message of this character to the Senate. opinions and doctrines contained in the protest is sent They are mistaken. When the Senate of the United abroad through the country and is transmitted down to States rejected a nominee to office, President Washington pasterity upon our records; but the protest itself is put sent them a message, in which he set forth the just claims away among the rubbish in the Secretary's office; it is of the nominee to public consideration, and his qualificagiven to the moles and the bats, and will never, so far as tions to fill the office to which he had been nominated; depends on us, be exhibited to the present or future and he did chide the Senate, and suggest to them, that, generations. Will not this body expose itself to the sus-had they asked of him information, they would have repicion, at least, that they were afraid that the American ceived such an account of the individual as would have people should have a full and fair opportunity of deciding produced a different decision. He also suggested to them upon the merits of this controversy? If gentlemen are the propriety of making inquiries of him, in all future willing to meet this question fully and fairly, surely the cases, where they were not themselves sufficiently acway to do it is to receive the protest, enter it upon the quainted with the individual nominated. This message Journal, and answer it in solemn form. was received, entered upon the Journals of the Senate, I should be willing to see a committee selected, com-and had such an effect upon the proceedings of this body, posed of the best talents to be found on the other side, as that, from that day to the present, the course suggestfor the purpose of preparing a response to it. These ed by him has been pursued. In that case, the inconsidgentlemen, when they went to work and put down their erate and erroneous conduct of the Senate was distinctly reasons in opposition to the principles advanced by the pointed out, but the Senate were not disposed, unnecesPresident, and placed them side by side with his reasons sarily, to take exception to the conduct of the Chief in support of his principles, would find more difficulty in Magistrate. There was no proposition then made to rethe execution of this duty than when resort is had to gen-ject the message, or to pass a vote of disapprobation eral assertion and declamation. If this course were pur-upon it. sued, then the people of the United States would have If we turn to the history of the State Governments, we both sides of this controversy presented to them. But, shall find that the present Chief Magistrate is not the by the course proposed, one side can only be heard or only aged patriot who, after having spent almost a life of seen. If doctrines dangerous and unconstitutional be toil and usefulness for his country, has been assailed by contained in this protest, are gentlemen who entertain his political adversasies in his old age, and an effort made this opinion, doing their duty when they fail to expose to despoil him of his well-earned fame. After Governor them! If gentlemen are serious in this opinion, and no McKean, of Pennsylvania, had spent a long life in the doubt they are, ought they not to take up the paper and service of his country; after he had acted as President of answer every principle advanced in it-strip it of its falla- the old Congress; had affixed his name to the Declaration cies, expose its deformities, or in other words, nullify it? of Independence; had contributed to the adoption of the Then the President can have no advantage over this body; Federal constitution, as a member of the convention that the refutation will go along with the protest, and its per- ratified it in his own State; after he had, with distinguishnicious influence will be destroyed. But gentlemen will ed reputation, for many years, filled the highest judicial not agree to this course; they cannot answer it; therefore, station in his own State; when age had enfeebled his they will not attempt it. If they were competent to the body, but left the vigor of his mind unimpaired, he was task, they would make the trial, overturn the arguments, elected Governor of Pennsylvania; he discharged all the and reason this protest down. Sir, I wish to see their duties of this high and difficult station, in the most trying skill put to this test; I wish to see them advance foot to times, with fidelity and ability. All this, however, could foot; lay hold of this protest, and prove, if they can, their not secure him from the virulence of party feelings. assertions, to the satisfaction of the American people. If When his sun was almost set, men, actuated by party hathey shall fail to adopt this course, I should think the con- tred, rose up in the Legislature of Pennsylvania, and clusion in the public mind would be, that the protest is charged him with a violation of the constitution and laws, Tot susceptible of a satisfactory refutation. I will not, at and attempted to expel him from the high and last office this time, go into an examination of the merits of this pa- he ever filled. Articles of impeachment were prepared per: if it shall be received and referred to a committee, by a committee, and preferred against him, charging him and that committee shall report that the doctrines and with high crimes and misdemeanors; and it is a little reopinions contained in it are dangerous and unconstitution-markable that, in their report, they indulge in that same al, then the merits of the paper will be fairly before the anticipated triumph, and the same accusatory language, Senate, and an opportunity afforded for a full discussion; and broad assertion, which are so often employed in refand upon that occasion, I may ask the indulgence of the Senate to be heard upon the merits of the protest and explanation. I understood the Senator from South Carolina [Mr. PRESTON] as expressing the opinion that the explanation contained in the second message amounted to a retraxit of the obnoxious doctrines contained in the original protest. erence to the present Chief Magistrate. The committee, in that case, said, "that they deemed it superfluous to sustain the resolution which is submitted, by an appeal to the patriotism or intelligence of the House. They are aware that they are anticipated by its judgment and integrity. The facts speak so loudly for themselves, that the feeble voice of the committee cannot be raised to [Mr. PRESTON here remarked that he ought not to be reach their tone-justice and the public welfare demand understood as assenting to the idea, that the second mes-punishment. If we desire to preserve our constitution sage removed his objections to the first.] in its letter and spirit, then punish the infraction of it. Mr. GRUNDY proceeded. I think, myself, the original Do we desire a government of laws, instead of the will VOL. X.-98 SENATE.] President's Protest. [APRIL 29, 1834. of a public functionary, then make him amenable to jus- in this Senate. He no doubt feels great solicitude, not tice, who dares substitute his will for that of the laws. only to possess the good opinion of his countrymen who Do we desire to preserve our republican institutions, then are his cotemporaries, but that posterity, when his charpermit no man to trample upon them with impunity. acter shall be presented to it, shall consider him to be Do we hold the right of electing our public function- what he has labored to be through a long life of public aries to be the essence of free government, and its ex- service and toil. And, Mr. President, let us do as we ercise to be dear to the freemen of Pennsylvania, then may, when the party strifes of the present times shall render him constitutionally accountable, who, by an ar- cease, and this individual out of the way of aspirants to bitrary fiat, has laid it prostrate. Do we consider vir- office and public favor, and faithful and impartial history tue the vital principle of republican government, then shall present him to future times, justice will be awarded punish the officer who attacks republican virtue in her to him. The men of the South will see and acknowl citadel; who, in disregard of public sentiment, and pub- edge, that when they were borne down by oppressive lic duty, and in defiance of solemn obligations, treats the taxation, in the form of a protective tariff, that he, from people as his patrimony, and their rights as his inher- the moment he came into office, assiduously exerted himitance." self for their relief; that, in every annual message transFrom the extracts which I have read, the analogy be- mitted to Congress, he recommended and urged an ametween the case of the Chief Executive of Pennsylvania, lioration of their condition. When that gigantic plan of and that of the present Chief Magistrate of the United profusion and waste of public treasure, misnamed the States, is most striking. The accusers, in that case, an- American system, shall have gone into entire disrepute, ticipated the final success of their accusation, with the the author of the veto on the Maysville road bill will be same confidence that the accusers of the present Chief pointed to as the individual who arrested that scheme of Magistrate claim the ultimate decision of the American policy which threatened to bring ruin upon the people people. They declared that justice and the public wel- of this republic. Then, too, it will be admitted by all, fare demanded his punishment. They charged that he that, with no other motive save that of the public good, had substituted his own will for that of the laws. They he encountered, successfully, the Bank of the United invoked the lovers of the constitution to punish him who States, a vast moneyed power, in a conflict in which any had prostrated it by his arbitrary fiat. They charged him other man would have faltered and failed; and all this with disregarding public sentiment and public duty, and for the purpose of securing and placing on a permanent treating the people as his patrimony, and their rights as basis the rights and liberties of his countrymen. his inheritance. The resemblance between the report of Were there no precedent or authority on this subject, that committee, and the language we daily hear, is so what does fairness and impartial justice demand of us? strong, that the first would well answer for a precedent, We have placed on our Journals a resolution condemning or form, for the attacks made upon the present Chief the President's conduct, and shall not the other side be Magistrate. But, sir, how did this exhibition of charges seen? If the sentence of the Senate be right; if we terminate? The saine way, as I apprehend, those now have confidence in our own decision, we ought not to be against the Chief Magistrate of the United States will afraid to place on our Journals what the accused has said terminate-in the discomfiture and defeat of the accusers, in his vindication. and in the triumph of the accused. The House of Rep- It is intimated that a new oath of office has lately been resentatives of Pennsylvania refused to vote the impeach- administered to the clerks in the different departments, ment. They refused to tarnish or sully the fair fame of with a view, as is supposed, to secure their allegiance to one of their first citizens. It should be remarked, that the present Chief Magistrate. I will state the facts as Governor McKean stood acquitted and discharged upon they really are, for the purpose of showing what light, the records of the Pennsylvania Legislature. Still, the airy, and unsubstantial pretences are seized hold of with accusation remained upon their Journals. It was unan- eagerness, in order to bring this administration into disreswered, except by the vote of a majority of that body. pute. By act of Congress, passed in 1791, each clerk, On the next day after the articles of impeachment were before he enters upon the duties of his office, is required rejected, he sent a message to the House of Representa- to take an oath before some judge of the Supreme Court tives, containing his vindication, and asked that it might of the United States, or a district judge, to support be placed upon the Journals of that body, not as a mat- the constitution of the United States, and faithfully to ter of constitutional right, but as an act of justice, in or- perform the trusts committed to him. During the pres der that all who might read the charges exhibited against ent session, a very respectable member of the other him, might, in the same book or record, read the refuta- House, as he has informed me himself, addressed a letter tion of them. The House of Representatives did enter to the different Secretaries, or some of them, inquiring it at large on their Journals. This is precisely what the whether the oath prescribed by law had been taken by President of the United States now asks. In his vindica- their clerks, and, upon examination, it was ascertained tion, Governor McKean takes a retrospect of his past that the oath had been administered to most of the clerks life, and refers to what he had done for his country, as by magistrates of this District, and not by a Supreme or high evidence that he was incapable of committing crimes Federal district judge, as required by law. Upon this dis and misdemeanors. And, Mr. Pres dent, try it when covery, the clerks were required to take the oath preyou will, let an aged patriot be assailed when he is about scribed by the act of 1791, before the persons authorized to leave the stage of active life; let the attempt be made to administer it by that act. This mistake of the clerks, to strip him of his honors and his fame; let the billows of however, was not of recent origin; it is a gray-headed party rage beat furiously upon him; he will look back to error, much older that that administration in which the all he has done and all he has suffered, and when the Senator from Kentucky [Mr. CLAY] bore a distinguished facts justify, as they do in this case, he will remember, part. This, sir, is the new oath, invented in these Jackand he will say to his countrymen, I have spent sleepless son times, and odium is attempted to be thrown upon this days and nights in your service-I have suffered cold and administration for correcting an error which grew out of hunger-I have met the enemies of my country-I have the inattention of their predecessors. Equally unfoundbared my bosom to danger, and have bled for your liber-ed is the suggestion that any apprehension is to be enter ties; and I now appeal to you to decide whether I can be tained, that this Senate is to be disturbed in its deliberayour enemy, or an enemy to your free institutions. These are the natural reflections and feelings of that individual who has been made the subject of accusation tions by an armed force. This no one fears, no one be lieves; and there is as little foundation for the apprehension, that the President of the United States will, by the APRIL 29, 1834.] President's Protest. [SENATE. Men exertion of constitutional or unconstitutional power, put This name, it is imagined, will bring together parties and an end to our deliberations. My own impression is, that men who differ on all the political measures which have we can remain here quietly, if we shall choose to do so, and still divide the people of the United States. until the 4th of March next, without any molestation from who hold no one political opinion in common-who are that quarter. Nor have I any confidence in the rumors separated from each other as widely as the poles—are to that have gone abroad, that a military force is to make its put on this cognomen, or family name. There is but a appearance here, for the purpose of overawing the Pres-single point of contact between them, which is, a dislike ident and Congress, and compelling them to re-charter to the present Chief Magistrate; and, I suppose, all his the Bank of the United States. No man who has sense friends and supporters, who, I believe, compose a large enough to command a militia company-no man who has majority of the American people, are to receive the opbravery enough to fight, will ever come to this city on such an errand. posite appellation. That distinguished representative from Kentucky [Colonel JoHNSON] whose limping gait at Having received no petitions or memorials from the every step bespeaks chivalry and patriotism-he who, citizens of Tennessee, upon the subjects which now agi- when a large and respectable portion of our citizens, imtate the country, I have been entirely silent upon the pelled by what they believed a sense of duty, and withpresentation of those emanating from other quarters, out any design, on their part, to interfere with the rights being willing that those who represent these petitioners of conscience in others, applied to Congress to arrest the and memorialists should lay them before the Senate in transportation of the mail on the Sabbath day, took up their own way. But I will take this occasion to state to the subject, investigated it, and by a forcible, argumentathe Senate my opinion upon a few of the points hereto- tive, and luminous report, convinced many of the petifore discussed by others. Although I differ altogether tioners themselves that it was inconsistent with the princiin opinion from a majority of the memorialists as to the ples of our institutions, and of the Federal constitution, cause of the embarrassment and distress which prevail in for Congress to act on the subject-is to be denominated the country, I am gratified to see the general spirit a tory. And he who fought the last and best battle of which pervades these memorials. They evince a feeling the late war-a battle which shed such lustre and splenwhich affords a confident assurance that the rights of the dor on the American arms, and terminated, gloriously, a American people can never be invaded with impunity by contest carried on to preserve our national rights-is to any functionary of this Government. If such sensitive-be called the head and leader of tories. I tell gentlemen ness is displayed when it is only imagined that their Chief this device will not do. Whatever was the original meanMagistrate has committed an error, what will not the ing of whig and tory in England, we have affixed to it an same spirit do should their rights be actually invaded? American meaning, one which not only the learned, but It will raise up and put down any man or set of men, who the unlearned, understand. My constituents have not all shall be guilty of usurpation and oppression. As to the read the history of Charles II; they consist of men and harshness of language employed in these memorials, I their descendants who fought in the revolutionary and will say this: that the right to petition and memorialize is last war, and who fought the Indians in the early settlea constitutional right; and, although citizens may not ments of the Western country; they are also the supportmeasure their terms and phrases exactly to suit our taste, ers of this administration; and should any man go amongst still it is better to let them pass uncensured and uncom-them, and call them tories, he would be apt to receive a plained of by us; although I confess I should prefer to very prompt signification of the meaning they attach to see petitioners confine their remarks and strictures to the term. I do not think gentlemen are doing justice to those representing them, and not travel out of their own their friends, when they attempt to clothe them now with districts and territories, for the purpose of lecturing this name or covering of whiggism, as though it were a those not elected by, nor amenable to, them. Yet, even new garment, because this implies that it was not possess. this course is without a remedy; it is the excessive use of ed before; when, in truth, it has been worn by them and a right which you cannot prevent, without endangering their fathers for more than half a century, and is made and impairing the right itself. It is like the licentiousness of such excellent materials, that it has become none the of the press, which cannot be cured without destroying worse by wear. From what has occurred this morning its liberty. between the Senator from Kentucky [Mr. CLAY] and the That pecuniary distress exists in the country, no one Senator from North Carolina, [Mr. MANGUM,] I find I was ean doubt. As to its extent or degree, no accurate opin-mistaken in one thing. I had supposed the union beion can be formed. My own belief is, that it may be-tween the national republicans and State-rights men, even come much greater. This depends upon the will of the of the strictest sect, had been consummated. I had no bank; for it certainly has the power to increase it. The doubt, if it were so, that a divorce would speedily take existence of this distress, and the probability of its be- place, because, for them to remain together without an coming greater, furnishes no argument to me in its favor. abandonment of their principles on one side or the other, So far from it, it proves to my satisfaction, that no cor-I knew was wholly impossible. poration, capable of bringing such distress and ruin upon From the sentiments expressed by the Senator from our citizens, ought to exist in our country. Without it, North Carolina, in this day's debate, if he be not in a I admit, we shall have less of the show and splendor of state of rebellion, he certainly feels a little insurrectious, wealth, but we shall possess more substantial security and or insurrectional, towards the party with whom he is happiness. operating. He says that he is against all assumptions of I wish to say a few words upon the name and designa-power not granted by the constitution, whether by the tion of parties which our opponents have lately assumed Executive, the Legislative, or the Judicial departments and taken upon themselves. They denominate themselves of the Government. This, he says, is the whiggism of the "Whigs," and, I suppose, they wish to affix the correla- South. Now, I ask him, if the imposition of an oppresfive term "Tory," upon their adversaries. I wish to be sive protective tariff, upon his principles, savors of whigdistinctly understood as saying, that the great body of in- gism? Yet, a majority of those who are now acting with dividuals composing every political party in this country, him, advocate it. I ask him further, does the exercise of are whigs. It is an appellation common to all parties; it the power to make internal improvements by the Federis a generic term, and no one class of them has a right al Government, constitute any portion of a claim to to appropriate it to themselves exclusively; and nothing whiggism in the South? Is a bank of the United States but a spirit of monopoly could give rise to the effort now a whiggish institution, according to Southern doctrines? making by a portion of the politicians of this country. I presume he will answer all these inquiries in the nega SENATE.] President's Protest. [APRIL 30, 1834. tive. If all this will not do to prove that the national re- pecuniary distress into which that measure had plunged publicans and Southern gentlemen cannot stand and act them, in common with other portions of the country, and together, surely the fact that the national republicans protesting, in emphatic terms, against the experiment of were almost unanimously in favor of the force bill, and in the President upon their prosperity and the currency of favor, too, of the proclamation, will be decisive: for the country, and insisting that the possession and custody always have understood, and 1 presume it will not be de- of the public moneys rightfully belong to Congress. nied, that these were the measures of this administration Mr. S. said, the memorial so strongly and repeatedly most censured and condemned by the South. Under the insisted upon this power of Congress, that one would alname and standard of the national republicans, the South most imagine that they had foreseen the extraordinary will not, cannot rally, because the principles of that class doctrines of the Presidential protest, which had been reof politicians, in the opinion of the South, lead to con- ceived since this memorial was subscribed. I know, solidation. Under the name of the State-rights party, the said Mr. S., that some contend that the subsequent comnationals will not unite, much less under that name which munication has retracted that part of the protest. A suthe South Carolina politicians have assumed, because perficial view of the last paper might produce that im their principles, in the opinion of the nationals, lead to pression. But, in reality, it retracts nothing: it leaves disunion. In this dilemma, as it is impossible to find out his exorbitant claims of power ready at any time to be or invent a name or appellation at all significant of their called into full vigor, whenever any act is contemplated principles; as they are contradictory and inconsistent with requiring their support. It seems to have been studiouseach other; and as they are anxious to get together, they ly ambiguous-to place the President in that balancing have fallen upon the expedient of taking to themselves position in which, like a skilful performer on the slack the name or title of whigs, which is extensive enough in rope, he inclines now to one side, and then to the other, its meaning to include every American citizen who loves exciting the hopes of both. The same vibrating position his country, but has nothing characteristic in it of their which he so long occupied in relation to the bank-depeculiar tenets or political principles, and is broad enough claring now that it was dangerous-then that it seemed to include not only the opponents, but the friends of the to be necessary-now that there ought to be no bankpresent administration. Before I can agree that our op- then that he could furnish a plan-one Secretary making ponents shall have the exclusive possession of the title a report for, another against. So, also, as to internal whigs, I wish to make some further inquiries. Where improvements-that, if national, he would approve-if are those men who, during the last war, discouraged the local, negative; and, whether national or local, he alone enlistment of soldiers? Where are those who used their was to judge. So as to the tariff: he was for a judicious influence to prevent loans of money to the Government, that is, just what you please to desire. Thus leaving in its utmost need? Where are all the moral traitors of his friends and partisans in various sections of the counthat gloomy and trying period? Where are those who try to insist that he was for or against banks, tariffs, imthought it immoral and irreligious to rejoice at our victo-provements, just as best suited the interests, wishes, and ries, and mourned at the defeat of our enemy? Where opinions of time and place. This supplemental protest are those who denounced James Madison as a tyrant, may accomplish the same purpose. Those who have ocusurper, and despot, and proclaimed that the country casion for a gloss, may turn to the supplement; those who would never prosper until he was sent to Elba? Where now, or at a future time, may desire the strong doctrines are the "blue light" gentry, who gave private signals to of prerogative, the possession of the public moneys, the enemy to enable them to murder our citizens? These will find them clearly in the protest, unretracted by the men are not to be found in the ranks of this administra- supplement. In the first, he insists repeatedly that the tion; they will pursue the present Chief Magistrate with possession of the public moneys, by the constitution, altheir hatred to his grave, and when dead, their enmity ways has belonged, and always must belong, to the Pres will not cease. They have their reasons for it; he did ident. He repeats it, and insists that Congress cannot their friends too much damage at the city of New Orleans take from him the custody of the public treasures, which ever to be forgiven. is given him by the constitution. I will conclude, by expressing my most earnest wish that the subject now under consideration may not be decided rashly, and under the influence of party excitement, but with coolness and deliberation, and that the decision may be such as will best comport with the dignity of this body, and promote the harmony and prosperity of our common country. When Mr. GRUNDY had concluded Mr. CLAY obtained the floor, and after a few remarks Four days afterwards, when his claim had produced astonishment and indignation almost universal, he is induced to smooth it over by saying-I claim no other cus tody or possession except what the law gives me. What law? What law does he mean-a law of Congress? No the constitution, the fundamental law. That instrument, in express terms, declares itself the supreme law. He first asserts that the paramount law gives him power, and Congress cannot divest him of it; and then comes and says, I claim nothing but what the law gives me? Again, in another aspect, in the first, he insists that in whatever hands the money is placed by Congress, the person thereby becomes an officer, appointable by him, and subject to his control; that by whatever name called, he must be an Executive officer subject to him; his officer in effect. In the supplement, he says he does not claim to interfere be placed-unless he is an officer appointable by the Pres with or control the person in whose hands the money may ident, and for whom he is accountable, but leaves the protest untouched in its assertion that the person must be an officer, and that the President must see that the law is duly executed. He no where retracts the assertion that Congress can have no officer that they can provide for none, who will not be subject to him as his officer. He says, indeed, Congress may say where the money shall be kept-but whenever placed, in whatever vaults, he must keep the key-he must be the keeper of the keep |