Whole JWi. 862.
Tarhorouzh, (Edgecombe County) N-C.J Saturday, September id.
Ko. XVlllXo 36.
27ic Tarborough Press,
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From the Madisonian.
THE PROTEST.
We sive the President's Protest against
the proceeding? of t he House of Represen
tative, in relation to the appointment of a
Committee to repot t on his late Veto Mes
sage, and the adoption by the House of
that Report by a separate and distinct vote
The prner we now give has beon delayed
by the President, under the mistaken hope
thu the Houe of Representatives would,
before its adjournment, have reviewed, in
same mo le, its extraordinary proceedings
!;v which it in fact converted itself into
a court of accusation and of trial. The
Protect is written in strong and decided
ia:igu.:j;S but is, at the same, time, highly
respectful and courteous to the House of
Repiesentatives. We regard it as one of
the most important and interesting docu
ments which these eventful times have
brought forth.
PROTEST OF THE PRESIDENT.
To the House of Representatives:
By the Constitution of the United States
it is "provided, that "every bill which shall
have pas-cd the House of Representatives
and the Senate, shall, before it become a
law, be presented to the President of the
United States; if he approve, hshau sign
it; but if to, he shall return it, with his
objections, to that House in which it shall
have originated, who shall enter the objec
tions at. large upon the journal, and proceed
to reconsider it."
In strict compliance with the positive
obligation thus imposed upon me by the
Constitution, not having been able to bring
myself to approve a bill which originated
in the House of Representa'i ves, entitled
An act to provide revenue from imposts,
and to change and modify existing laws
imposing Unties on imports, and for other
purposes," 1 returned the same to the
House, with my objections to its becoming
a law. These objections, which had en
tirely satisfied my own mind of the great
impolicy, if not the unconstitutionality, of
the measure, were presented in the most
respectful, and even deferential, terms. I
would not have been so far forgetful of
what was duo from one department of the
Government to another, as to have inten
tionally employed, in my official inler
course with the House, any language that
could be, in the slightest degree, offuHve
to those to whom it was addressed. If, in
assigning my objections to the bill, I had
so far forgotten what was due to the House
of Representatives as to impugn its mo
tives in passing the bill, 1 should owe, not
only to that House, but to the country, my
most profound apology. Such departure
from propriety is, however, not complained
of in any proceeding wtveh the House has
adopted. It has, on the contrary been ex
pressly made a subject of remark, and al
most of complaint, that the language in
which my dissent was couched was studi
ously guarded and cautious.
Such being the character of the official
communication in question, 1 confess I was
wholly unprepired for the course which
has been pursued in regard to it. In the
exercise of the power to regulate its own
proceedings, the House, for the first time,
it is believed, in the history of the Govern
ment, thought proper to refer the Message
to a Select Committee of its own body, for
the purpose (as my respect for the House
would have compelled me to infer) of de
liberately weighing the objections urged a
gainst the bill by the Executive, with a
view to its own judgment upon the ques
tion of the final adoption or rejection oi the
measure.
Of the temper and feelings in relation to
myself of some of the members selected for
the performance of thisduty, I have noth
ing to say. That was a matter entirely
within the discretion of the House of Rep
resentatives, But that Committee, taking
a different view of its duty from that which
I should have supposed had led to its crea
tion, instead of confining itself to the ojec
tions urged against the bill, availed itself
of the occasion formally to arraign the mo
tives of the President for others of his acts
incehis induction into office. In the ab
sence of all proof, and, as I am bound to
declare, against all law or precedent in
parliamentary proceedings, and at the same
time, in a m-inner which it would be diffi
cult to reconcile with the comity, hitherto
sacredly observed in the intercourse be
tween independent and co-ordinate depart
ments of the Government, it has assailed
my whole official conduct, without a shad
ow of a preiext for such assault, and, stop
ping shoit of impeachment, has charged
me, nevertheless, with offences declared
to deserve impeachment. Had the extra
ordinary report which the Committee thus
made to the House been permitted to re
main vviihout the sanction of the latter, I
should not have uttered a regret, or com
plaint, upon the subject. Hut, unaccompa
nied as it is by any particle of testimony to
support the charges it contains, without a
deliberate examination, almost without any
discussion, the House of Representatives
has been pleased to adopt it as its own,
and, thereby, to become my accuser before
the country, and before the world. The
high character of such an accuser, the grav
ity of the charges which has been made,
and the judgment pronounced against me,
by tirt adoption of the Report upon a dis
tinct and separate vote of the House, leaves
me no alternative but to enter my solemn
protest against the proceeding, as unjust to
mvselfas a man, as an invasion of my con
stitutional powers as Chief Magistrate of
the American People, and as a violation, in
my person, of rights secured to every citi
zen by the laws and the Constitution. That
Constitution has entrusted to the House of
Representatives the sole power of impeach
ment. Such impeachment is required to
be tried before the most august tribunal
known to our institutions.
The Senate of the United States, compo
sed of the Representatives of the sover
eignty of the States, is converted into a hall
of justice, and in order to insure the strict
est observance of the rules of evidence and
of legal procedure, the Chief Justice of the
United States, the highest judicial func
tionary of the land, is required to preside
over its deliberations. In the presence of
each judicatory the voice of faction is pre
sumed to be silent, and the sentence of
guilt or innocence is pronounced under the
most solemn sanctions of religion, of hon
or, and of law. To such a tribunal does
the Constitution author ize the House of
Representatives to carry its accusations a
gainst any chief of the Executive Depart
ment whom it may believe to be guilty of
high crimes and misdemeanors. Before
that tribunal the accused is confronted with
his accusers, and may demand the privi
lege, which the justice of the common law
secures to the humblest citizen, of a full;
patient, and impartial inquiry into the
fsrtS) upon the testimony of witnesses, rig
idly examined, anil deposing in the face of
day. If such a proceeding had been adopt
ed toward me, unjust as I should certainly
have" regarded it, 1 should, I trust, have
met with a becoming constancy a trial as
painful as it would have been undeserved.
I would have manifested, by a profound
! submission to the laws of my country, my
i perfect faith in her justice, and relying on
the purity of my motives, and the rectitude
of my conduct, should have looked for
ward with confidence to a triumphant re
futation in the presence of that country,
and by the solemn judgment of such a tri
bunal, not only of whatever charges might
have been formally preferred against me,
but of all the calumnies of which I have
hitherto been the unresisting victim. As
it is, I have been accused without evidence,
and condemned without a hearing. As
far as sueh proceedings can accomplish it,
1 am deprived of public confidence in the
administration of the Government, and de
nied even the boast of a good name, a
name transmitted to me from a patriot fath
er, prized as my proudest inheritance, and
carefully preserved for those who are to
come after me, as the most precious of all
earthly possessions. I am not only subject
ed to imputations affecting my character as
an individual, but am charged with offences
ygainst the country, so grave and so hein
ous as to deserve public disgrace and dis
franchisement. 1 am charged with viola
ting pledges which I never gave; and be
cause I execute what I believe to be the
law, with usurping powers not conferred
by law; above all, with using the powers
conferred upon the President by the Con
stitution, from corrupt motives and for un
warrantable ends. And these charges are
made without any particle of evidence to
-ustain them, and, as 1 solemnly affirm,
without any foundation in truth.
Why is a proceeding of this sort adopt
ed at this time? Is the occasion for it
found in the fact, that having been elected
to the second office under the Constitution
by the free and voluntary suffrages of the
People, I have succeeded td the first, accor-
ding to the express provisions ofthefunda-
mental lawof the same People? It istruethat i
the succession ot the Vice President to. the
Chief M agistracy has never occurred" before,
& mat an prudent and patriotic minds have w influence for good or ill, are tremen
looke 1 on this new trial of the wisdom jdous. But ihere is a still mightier power,
and stability of our institutions with a some- and that power is the industry of the peo
what anxious concern. I have been ma'de'ple.
uu icn luu steiiMuiy uie uuucuiiies oi my
unprecedented position, not to know all
that is intended to be conveyed in the re
proach cast upon a President without a
party. But I found myself placed in this
most responsible station by no usurpation
or contrivance of my own. I was called
to it, under Providence, by the supreme
law of the land, and the deliberately-declared
will of the People. It is by these,
the People, that I have been clothed with
the high powers which they have seen fit
to confide to their Chief Executive, and
been charged with the solemn responsibil
ity under which those powers are to be ex
ercised. It is to them I hold myself an
swerable, as a moral agent, for a free and
conscientious discharge of the duties which
they have imposed upon me. It is not as
an individual merely that I am novv called
upon to resist the encroachment of uncon
stitutional power. I represent the execu
tive authority of the People of the United
States; and it is in their name, whose mere
agent and servant I am, and whose will
declared it their fundamental law, I dare
not, even were 1 inclined, to disobey, that
I protest against every attempt to break
down the undoubted constitutional power
of this department without a solemn a
mendment of that fundamental law.
I am determined to uphold the Consti
tution in this, as in other respects, to the
utmost of my ability, and in defiance of all
personal consequences. What may hap
pen to an individual is of little importance;
but the Constitution of the country, or any
of its great and clear principles and provi
sions, is too sacred to be surrendered, un
der any circumstances whatever, by those
who are charged with its protection and de
fence. Least of all should he be held
guiltless, who, placed at the head of one
of the great departments of the Govern
ment, should shrink from the exercise of
its unquestionable authority on the most
important occasions, and should consent,
without a struggle, to efface all the barriers
so carefully created by the People to con
trol and circumscribe the powers confided
to their various agents. It may be desira
ble, as the majority of the House of Rep
resentatives has declared it is, that no such
checks upon the will of the Legislature
should be suffered to continue. This is a
matter for the People and States to decide;
but until they shall have decided it, 1 shall
feel myself bound to execute, without fear
or favor, the law, as it has been written by
our predecessors.
I protest against this whole proceeding
of the House of Representatives, as ex
parte and extra judicial. I protest a
gainst it, as subversive of the common
right of all citizens to be condemned only
upon a fair and impartial trial according to
law and evidence before the country. I
protest against it, as destructive of all the
comity of intercourse between the Depart
ments of this Government, and destined,
sooner or later, to lead to conflict fatal to
the peace of the country and the integrity
of the Constitution. I protest against it,
in the name of that Constitution, which is
not only my own shield of protection and
defence, but that of every American citi
zen. I protest against it, in the name of
the People, by whose will I stand where
I do, and by whose authority 1 exercised
the power which I am charged with having
usurped, and to whom 1 am responsible
for a firm and faithful discharge, according
to my own convictions of duty, of the high
stewardship confided to me by them. I
protest against it, in the name of all regula
ted liberty, and all limited Government,
as a proceeding tending to the utter de
struction of the checks and balances of the
Constitution, and the accumulating in the
hands of the House of Representatives, or
a bare majority of Congress for the time
being, an uncontrolled and despotic power
And 1 respectfully ask, that this, my Pro
test, may be entered upon the Journal of
the House of Representatives, as a solemn
and formal declaration, for all time to come,
of the injustice and unconstitutionality of
such a proceeding. JOHN TYLER.
Washington, August 30, 1842.
From the New York New Era.
The Province of Government. Mr. R.
Davis, a member of the H. of Representa
tives, from this Slate an able and elo
quent speaker in his speech upon the ta
iiff bill, uttered some important truths.
He cautioned the people, in the most em
phatic language against trusting to Govern
ment for relief in their present distresses.
Their only safe reliance is in the strong at m
and active enterprise of their own unfet
tered industry.
This Is a great truth. One of the moat
pernicious effects that has Sprung from the
too-much legislation of American Iegisla
tures, is the h ibit which it has produced in
the public mind, of looking to the govern-
ment on all occasions.
Now, government
in its proper sphere,
a powerful agent.
Government mav protect us from for
eign aggression: it mav preserve internal
concord and strength; it may preside,
like a protecting genius, over all the rela
tions of theStates and individuals. By in
cautious administration of its pdwers it
may do much to encourage trade and com
merce by not interfering with them; but it
can never give vigor to the brawny arm of
the mechanic, nor speed to the plough of
the agriculturalist. The moment it at
tempts, by direct interposition in the affairs
of business, to foster or control them, it
only thwarts or injures. Let it confine
its attention to its legitimate functions of
giving security to all classes, and busine-s
will manage itself, in the safest, p)easanlet
and most prosperous methods.
It is a fact, which we believe can be abun
dantly sustained by the experience of all
nations, that those departments of industry!
which have least attracted the notice of
government, are precisely those which in
the end are most flourishing. The policy
of government is ever fluctuating, and the
industry which depends upon it, is uncer
tain. While individual sigacity and exer
tion is perpetually steady, and whatever
it undertakes, acquires a corresponding
stability.
But we are keeping our readers from
the remarks of Mr. Davis. He says:
4Sir, 1 never have believed, 1 do not
now believe, nor have ever taught the peo
ple to believe, that instantaneous and im
mediate relief could be afforded by any ad
ministration, or by the adoption of any set
of measures. Any such expectation would
be idle. The restoration of our affairs de
pends upon the people themselves, and not
upon their Government; nor can it be sud
denly accomplished by them. Time, in
dustry, economy, the gradual regeneration
of business, will regain our lost prosperity,
and give us more. All the elements of in
dividual and public welfare remain, and we
have but to move in safe and sure paths, of
steady and slow progress, to reach the end
we seek and aim at. All this must be the
work of time; and if the Government will
but settle its policy, make no further de
rangement in the course of business; nor
too much increase its exactions from the
community, the people will soon work out
their own redemption. I have no fears for
the future, if we can keep this Government
from too much interference in the affairs
and business of the people; if we can sim
plify its action, and redure its burthens on
the community; for under such an adminis
tration of it, the freedom, intelligence, ener
gy, and industry of our countrymen, will
soon overcome all their temporary difncul
ties of to-day, and accomplish results not
yet foreseen in our hopes of human happi
ness. The great errror of the world has
been to inculcate in the public mind the
opinion that the people derive all that they
have from their government, and were de
pendant on its action & favor for their sue
cess teaching them to think that its coun
sels was their only safety, and its legisla
tion their only source of business and of
wealth. Sir, this is not true. It is false
to all the principles of the country, and
repugnant to the spirit of the age. A gov
ernment may curse, but it cannot bless a
people Legislation may rob a people, but
it cainot enrich them. As a freeman 1
abhor, and as an American legislator I
protest against, that dangerous & monstrous
doctrine, that the people are dependant
on the government. I hold that other
and opposite & divine principle, that the
government is dependant on the people.
Great Falling off in the Customs.
The New York Express, of Monday, says:
"The falling off in the customs within
the last month has been most appalling,
and will, when known at Washington,
have a deep and abiding effect. TI.e re
ceipts at this custom-house for the month
of Jul), we are informed from a source
which we are assured is entitled to entire
confidence, was only about two hundred
thousand dollars. This comparatively
small sum is the receipt of one month in
the great port of N. York, where two
thirds, or fourteen of the twenty-one mil
lions of dollars, have been the yearly col
lections from customs alone.
Ji Sad Picture of Trade. The New
York Express says: A number of our
most enterprising master builders have re
cently been compelled to make assignments
for the bankrupt act. A large number of
sail-makers, carpenters, and various me
chanics are thrown out of employ. The
great shipping interest, which is of such
vast importance to the country, and partic
ularly to this City, is in as bad a state a
we have known it lor years the great I
mass of large freighting vesse ls are wholly
unemployed, ami are tifcd up dismantled at
the wharves in the tipper pdrt of ti e City
and in Brooklyn. We believe there is
but one ship of any magnitude ! building in
the numerous shipyards in this city a fact
seldom or never known before. That the
domestic manufacturers are suffering be
yond all former precedent, the failures that
lake place among the proprietors the shut
ting up of various establishments, and the
large surplus of goods on hand, is conclu
sive evidence. Nor are the importers do
ing much better; they all complain that
their stocks are on hand and that they
make greater losses and more bad debts
than ever.
Starvation and Distress. That there"
is considerable distress existing in different
parts of the country cannot be denied. A
short time since a young girl died from ac
tual starvation in Philadelphia j yesterday
a poor man was arrested in the same place
for stealing a joint of meat; with tears in
his eves he said his wife and children were
starving, and he had no work; a bystander
paid for the meat, and the man was let go.
A woman in Buffalo was also a i rested this
week for stealing a loaf of bread to keep her
children from starving. Pretty tough.
At 1. Herald.
Taming Horses. The faming of Hor
ses by breathing in their nostrils seems to
be gaining friends. Mr. David Clayton,
of TyrreU county, having seen an article
in our paper stating that horses had been
rendered gentle by breathing in their nos
trils, determined to try it on a young mule
belonging to him, who would suffer no per
son to handle him; Mr. C. fastened html
in the stahle, and after considerable trou
ble, succeeded in breathing several times in
his nostrils. Before he left the stable the
mule became gentle, and would stand still
and suffer himself to be rubbed, and would
nose and smell around him. He followed
Mr. C. out of the stable, around the yard,
and wanted to go in the house. We ad
vi.e our friends who have colts to break,
to try the experiment if it does no good;
it can certainly do no harm.
Old North Stale.
The Governor of Illinois and the Mor
mons. The St. Louis Republican, on the
authority of a leiter from Quincy, Illinois,
states that since the election in that State
Gov. Carlin has resolved to comply with
the requisition of the Governor of Missouri,
and deliver up Joe Smith and A. P. Rock
well. The Sher iff of Hancock county, elec
ted at the recent election, being a Mormon,
the writ was placed in the hands of the
Sheriff of Adams County. The Sheriff
repaired to Nauvoo and arrested Smith and
Rockwell when a habeas corpus was
issued by some of the Nauvoo authorities,
and the prisoners taken out of the Sheriff's
custody and released. The Sheriff had
just returned from Quincy and reported
the facts. The letter adds that it was cur
rently reported that Gov. CarJin was then
in the act of issuing orders calling out the
military, to enforce the arrest, and it was
expected they would march On the day
following for Nauvoo. It was however
confidently believed that when the troops
should reach the city, Joe and his colleague
would have absconded.
Mormon War. The following note
was wiitten on the outside of a letter re
ceived on Saturday, at one of the public
offices, from Chicago, Illinois! A battle
has been fought between the Mormons and
A nti-Mormons. The extra says, 30 or
40 were killed or wounded. TheGovernor
has gone with 200 men." Madisonian.
The Mermaid. We called yesterday at
the Pacific Hotel, and saw the long expec
ted and much talked of Mermaid in poss
ession of Mr.Grirnn.an English gentleman
now on his way to London. It is certainly
a queer Jish, and has staggered our incred
ulity beyond measure. It seems impossible
that it should be other than it appears, viz;
an animal with the upper portion of the
body resembling the human species, and
the lower poition that of fish. We under
stand that several professors of Natural
History in the city have seen it, and declare
that they dare not say that it has never
lived as it is at present, every outward
appearance indicating that fact. Chambers,
Linnaeus, and other na'uralists bavs reided
in favor of the existence of this animal, as
also the p et Sinclair, and others. Many
well attested and authentic accounts of their
capture have been published, which really
gr far towards .rescuing this animal from
the charge of being fabulous.
W e are glad to perceive that an oppor
tunity is now so nearest hand to place this
matter in a tangible shape Our only regret
is that the national pr ide of Mr. Griffin has
determined him, in the face of large pecu
niary inducement, to have it exhibited
publicly in England before submitting it to
general examination in America.
J., j, . rut. MUV.