9IINERS’ & FARMERS’ JOURHTALr.
FKINTED^U PUUIJHjIEU I^EKY SATUHUAY, »YTHa>IAS J. Iioi/ijx
VOL. IV.
. L - — — . . _ L. ’ __ sy
. W..L «ACH TOU TO >U.CK T..» aowt,., or T..»A«T.. »K,NO OVT «OM T..« C^EKM. Or> H^-.NTA.N^ U^K^.T.nU
■•%'■ ~ —rr-r--r—r-::—r-r“-r=—' —^r ■ —-v— ...
SATUKDAY, MAY 17, 1831.
NO. 189.
rilKXil PKOTK^T.
ui:ss\(;e of thk i'ki^ioknt of the
I'MTLD «TATE« TO 'I’lIK SENATE.
['.-UftCLDOEU.]
i8 Kul>j«‘ct to the Bupcrvitiioii and control of j take advantaf>e of any seeming usurpation
the President, and in all important meanures 1 on the part of the Exwoulive, had diutructcd
having relation to them, consults the Chmf|our councils; frequent removala, or forced
Maf{iHtrate, and obtains his approval utid resignatians, in every sense tantamount to
The art of 181fi, oMablishing the Bank “•'‘J'*'" ‘^e ^ank ! removal,, had been made of the Secretary
,f ,hc United State-, d.rected the d.,H«.t..« j I ; and yet.
J public money to be made m that Hauk ^ ^^cretary,, ,n no o„e m«tanc« ,s ,t known, that any
,t. Branches, .n places .n which the
obiiga- ; man. whether patriot or partisan, had raised
",d n»..k ...d BriMhl. tlwrecr n»y be ... • 'I™? 'oito it, as . v.ola.io., of ti.e
••iinleM the Secrelarv of the I " «u|>«rvi9ion Coniititution. 1 he expediency and justice
T«L..rv should otherwise order and di. l"'“^ control; that afterwards, ami before, (of such changos, in reference to public of.
required to Swcretary did in fact consult, and obtain ! firers of all grades, bave frequi ntly been
to ConL'retts This wab PreKideut, to transfers the topi-'s of discussion ; but the consti'tution-
. of his pre-existinc pow- |'"‘VTr’" f “T «l right of the President to appoint, control,
f • IV. . dcpurtmenlji ol the (loveriimont, i and remove the head of (he Tn?ahurv, as
f>i &n r'jXi^cuuv® 1-n.Miari* i _» ,i ^ _ .. j : n n .1 i * 1
Tffanury
ffct;”in which event
give hiH reasons
but a continuation
irn, as thv head
oe considered that this provi.iM in any de- j aitunptcd t_o obtain a renew-
|f«e altered the relation b«lw«en
rsury of tbe Treasury and
ij thw respon*ible head #f the E;»,\t>vuino jTC- ■ . , . . ■ . , • ■ i .
^„t„i™,al .W.£.t.™ 10 care that ' I" i*^ ■' »•> '» tl*» l’..si(k-Nl
*. I... !«■ railbfully On ll,« " P'“- "" w- ru..,,,, in tra„.
J... Mates m otlur depositories. Hio S'creta-, the srime course of measures, with the view
Iwten' the Sec I charter, and the solemn decision of the at of ile charter, by controlling the elections
the I’reoidf-nt people, «if the Bank of the Tnited j of the People, ami the action of the Cloxern-
I Fxecutive l>e' ' '• * xp«.-di*nl, and its f Tposed ' iiient. 'I’he use of its corporate funds and
co'iirsrv-. It increased his res|>»n»ibilities,
bv adding another to tbe long list ot laws
which It wB!t his duty to carry into efl’t't t.
ry did not concur in that opinion, and dc- ; of making another vigorous effort, through
dined givin*; tl*e necessary order and direc- | an intcrfeience in the elections of the f>eo-'
itcn H wa« ni» uuiy lo carry inio ciitt i. , t • .11 1 i 1 1 ■ ■■ , • .
I, ^.ould U an extmordinarv result, if, ^ the abus.-s and cor- , pie. to contr..l public opinion, and lorce the
rn.sa tbe perw.n charged by 'law with a : '“P"""*' ^ ''IT I demands. 1 his
lAc dutv. one of the S^retaries. it ; "> •'« corrup-ion ot the press, its violation
le*. the dutv .f tbe Prt-idenl to s.e . "’‘’‘'-.'Yind ,K.v.. r, f. ro„. of its chartwr. its exclusion of the Govern.
*wta,thfully'ex«^^uled,lh.notherla., "u 'T
Kcn
pul
»«re
t!i»t Uw
'* ■ «.•« rtw- I •‘‘•'i I ^'♦■'*'♦*'1 It tho ini(>rrati\e dutv of negh-ct of dutv,and arrogant iiretensions.
e iKMnmtt dirties upon sulx>rainate otticers' . . .1 . 1 .1 • .
,r7ri^«te cl./.en.. if tSere be anv difler- . autliorify. by the exertion of made it in the opinion of tl.a President, in-
e./,, „ «ould seem that the obligulion is ! 7'*'^ confided to it by Uie ( onsMMi- compatible «uli the public interest and *ife-:
® tionano la«», forliork itsrnr«?er, and Irshcn i (y of our inatilutiooH, that it thould be i
Its ability to do mischief, even in the pniii- ( er employed as the fi.sc.il agent of the Treas-
fill alternative of distuiSMiig the 1 li'.-id of one jury. A St' retary of the Treasurx, iip|»oint-
of the de|>artnieiits. At the tiiiie the re- i-d in tiia reressofthe Senate, who had not
iiioTdl was madf, other causes Kuflicient to been confirmed b\ that b.Kly, and whom the
justify It existed, l«if, if thej had not, the I’resident might, or might not. at his pleas-
Srretary would ha\o been disuii.^-d for jure, nominate *.o them, refused to do whal
tbis rsu!*e finly. i his 6U{jorior in the E\ecutive Department'
liis place I ^^lpplied bv one who«ie opin- * considered ttie most imperative of his du- :
mns were w*#l! known to me, and wli»« ' ti»*s, and became, m fact, however ii:noceut I
trank expresj-i >n ol’ them, in another oitiia- , bis motive, the protector of tne liank. And i
iM'ii, and who>e gt-ncroiis sacrifices ,f inter- ‘ ‘‘•f* 'bis occasion, it is discovered, tbr the
‘st and feeling, when unexpectedly ruilt-d j fir'* lime, that those who framed the Con-1
^i'iiuM.rdid'oot bmrhlm'toT-e'rhe ‘he station he nrm .x-cupies, ought forev- ^H'ution mi-^.icd.-rMood it; that the first
thlolU .x«cut,^. b.^«us- It w„s one his motives trom s.spi- Congress, j„.d all its successors have been
.1 h.s S.crt-t«r.es, snd n.4 bii«m*lf, ui«.n reproach. In -nder a delu.iun; tha the practice of near
»r.om the «T»ico was tperially r .'M«h theopinions h>ng leiorctx- ortv-five v-urs, i, but a continued usurpa-^
«,.ht he not .sUed whether there wb, ‘ '*.lh mj Lon ; that th.- Secretary ol ibe I reasurs is ■
i V such hmitati.^ to h.s obiigati.Ki^ pre- «rrangein^nts for d. (.r,s. ' uot resiK|nsible to the I resident; and that to i
. rihed in the Con.t.tution? U he!lier he ""I o, ,h« I nitcd Slate, m remove him u a M-.Lition of the ( onstitu-1
, no. equally bound lo take c.re that the ‘ ^’resident do- ■
»-i fie fiiilhfiilly executed, wfiether tfiej j 'I he resolutions of th« Sonate, as origin- ,
dull*** "H the higfie*>t uflicer 4 the frurn**l, and as pntv>d, if it refers to ® jtnate.
^ uii*. or the lowsnt Hufiordiimte in snj ofi'hese arts, pru-su|i|>oM*« a right in that Imj- | *_**[* '.*!T
\\e i). psrtments’ .Might he not be told, > to interfere with this exercise of etecu-
I. t ,1 was for the solo purjunwi nf rautting tivepiwer
i'! e«*-tuii'o officers, from the hi
! . lewTKt, fiiithfull) to perform tfje
i.jri d t>r them f)} Uw, that the pe [
ar priM
ear*, il
It'ae iir’Oger in relation lo tbe formsr, bo
Lttj'*' the neglect is in his presence, and
pf>« rem--dy at band.
It nanot ho doubted that it was the legal
Idulv "1 the Secretary of the 'I'ffasury to
[ofjor and dir* ct the depusitcs •►f the |hiI»Iic
• lo fi« made elsewhere thiin 111 th>-
I}’ink «> the I nitcd States, wAcnrrrr
|ri> '1/ n ajiii'ni d for making tkt chtingt.
in durfi II fus*-. Il*' neglectid or refu>tel
’ id, he wi'uld neglect or rtfiiiw to exwcute
;^e Isa- hat would tfien fi® the sworn
ot' the President * ('uuld he say that
ls-r\esto stand forever dishonored on tbe
• circiimsfanccs
I connected with the discn-smn and pa^sage
, It the prim-iple be once admit, rev.lution to which I fed it to l»e,
i«he*tto fd.it IS not ditlKult to p*-rceive where It!"" nglit. Imt my duty, to refer,
e scrvicr ">«> end. If, by a more d-nuncation, tike , J'*''"'"'
• Lirt u III mem ij) luw, inai me pe r.Is tit *bis resolutmn, ttif President f«;,[iu'l ever be t ii**! among t i twu.t\-six ^matorsw o
. I „Hd States have m:«le him their -.‘lucd to art. in a matter of nfKi.l d.ity. r..M,iut,o.. on its hnal pass;.ge,
I* and ih« C(«ie*iitufn)r» hn» Ito the honot roi,\u in.ns ol liu sUj»nor i in e la e I's
srverally
.nv wav chsn-ing , '• ihe C.nMitiitii.n. Put it'the Senate l.ave «P«'"ons in res,H.cl to the ,
P;esid;mt an^the ,H right to interfere witl. thoex.cut.ve pow- ■'-’cutive proceedings drawn m ijuestion ^
•>, or as placing '"rs, the> hav« also the right to make that T '
j'lniction of the act, which shows that it '-id had fH*n accomplished b\ an amendment
»«not underxitjod as in anv
• f^latl'ins b* tween th« 1
Miary of the Treusurv, or as placini; ■ •-’» •••■.» ■••••" "ij"' mam.- mui , r .1 t i . .•
l;itter out ot Kxecutive control, even in eflectivo; and if the assertion ^ wo rauc les o le >egis a ure o ,
•: a.„n to the d*.,K«.Mes of th. public .non- ' |h>«t n.iplicd in the resolution be si- ^ '.
V. Nor on tin. point are we iL to any o- I' oH.v au,n.. s*-ed in, we im.y r. us-nablv ,
•*vor#il ic^tuijon). '1 h(* diM'ijniCMilK of tbi* ’ apprclieml timt il \\\W tie folNiwod, at Hoint* ® •
O I'lirs lKM«rtin* nt show th..t the S ere- ‘ I'uturo da\ . h\ nn attempt at actual enfi>rce. 1 “ «*'>>' rrifnf after tlio election j
, , , , . , ! • 'i'l # »• * ofAndrt u Jnck»i)n lo thr rrrsidrncv, in accord-
ol th^ I r. M.ury did apply to the Pres- ' -n. nt. I f.e M-nate may retu^-, except on > .rnmne.H. « l..ch ho had un.formiy
' .t, anil obtained hi.n MffproUiIioti and winc- . *hr condition that lir » ill siirrrnder hi» o- '
t xprcsMd, llic stlcution ot'('or>^rpiti uats Cttilt'd to
'I to iIk' original triinsli r i>f Iho public pmion to theirs, and «ib*?y their w ill. to p'r- ihr rmfinuticnalitj and i xp di. nry ofihe rcnew-
i'-«iles to the oresent Kmik t»f th*‘ I nited l"nn their own constitutioiml fum tions; to •‘1 o' il>c rhari. r ol ili. I mini Sinit> l’.ank: And
'lies atid d;d earrv the measure into. |i: cl |'»'«‘ ‘bo nec. ssary laws , to s;inction appro- .
■rliuna, mid has nliari(inncd tlie obicot of itii ere- '
Il k'!« i.i. n « to his decision. I'boy also ' pro|M.se.i b) tfie H.-use uf Hepre
tint transfers of the public de;)o«ites -«'iit.itives, e.nd to confirm proper nomina-
ni t^ Hrancin s oftbo I5,mk of the I in- made h\ iIik Pn cident. It lias already
'‘■’1 Sl.iti s to ^tato H.ink^, at ’fiillicoth* , !'*■*''> nmmtauM*d (and it is not conceivable
iniii*li, and I «rtii'v ille, in I"!!!, were 'bat the lesoliitniii of tin- S-imte can l»c
alum, hv «nya(;iii|{ in [.olilHiil conlroxtrhie^, by
icldin;; il> imwir and iiifliiencf to enib:irras> the ;
ndiiiirii>lralMin of itir (I'eiirral (lovernintirt, and
by brincinc in‘-»lv ncy and distress u;>oM the coin-
incri'ial rimiiiiiinil) : And w hi rms, the (lublic
curilv, t'roni mu h an iu.»lituliuii, coni-ihtx It ss in i
n I'rc'sfnt (H'Cjniarv i'np.ieil5 lo rti>chargu itii
e viiih tlie approl);ilion of th** President, ba.s^d on an) other principle) that the
'“i l> Uls nuthority. 'l'he\ show, th.it up-• ^' tary ol the 1 reasiiry is the ofhccr of Con- it» ,
all mt|Kirtaiil questions aiiprrtiiinini/ to ! ;;rss, and inde|>endpnl of th« President; habilitirii than in ihc fidWity with which tfi* ■
l*-i.Hrime„t whHf.er tl. v relat.d to that the Presid. nt Iwnno right to control >”'»« jn it havo iK-^n And
(-IIIIKIII, wiKiorr lot) rtirfitti m ^ w|„.rra». ihi abiisr and inisapplicalion o( the |»ow-
" iMjblii' d }>oMtes or other matters, it was nun, and ctinse()uently none to remove rum. contirnd have drsiroyid the confidence of the i
• |>n^t:^nt pructn-*-of th«-Secretary of the " i*b tfie sain*' proprii ty, and on mmilar public in the oitaersof thi fJiiiik, and deioDnstrat-i
* f 8*iurv to obtain fnr bis acts tbs approval ::'’ounds, uiav the S cretary of State, the | '•d ihnt Huch iK>sver8 mdimper the stability of re-1
S-crftari.-s ot U nr and .Nav'v, imil the I'ost- i P«l*l>can inMiiution* ; 'flu refore. Hefolrfd, 'f'hat,
111 thn removuiot the public de|>0!iiti'», Iroin the:
an in ihe man. !
in the Admiiiia- ,
rdmates of I'ongress, and removable onl\ iration an adhercuee to constitutionai rights, and |
th till! ConciirrciH'*t of the Senate. Foi- ilh« pt rtbmianee ol a piibjic duly.
■■ ■ J-nnctioii fit'the Pri’sident.
•| , . ! . • II I J 111 t(iB removal 01 me piiuiic iif|Ki
lh( >• tifiH. and tiio principles nn which j ma.ster (lemT.il. each in mu cossion, be di'- , I’niied SiaieH,a? well
wre li.im.ied, w.-re kiit^wn to all t||.. '''lared independent of the Pn-snient, the sub- , n.r of their removal, wcrccofnisci
' o'.inents of th*’ (lovemment, to Coii-
‘-^.";J.!ir Cl! caliod m I^'7d"to'.N c:.;s;p.em-;:s“ ^
will lie ftniiid ef!ectually to destroy one co- |„ „f this Si.itc. that the Dank of tfie
ordinate department of the (iovernment, to , I'nitcd State* micht not to be recliartereJ. I
concentrate in the hands of tho senate the I “Wrati/eti/, Th.iiihi natDraofiliisStateinlhe '
wholo executive iH.w. r, and to leave the (onpr.-ss of the I’niltd States l>e nm'.riiet,-d. and |
,, , , II, Ihc ripri i.cnt:ilivfH be rctnit sftd, to op[H»ie the
President «8 powerless as he wouhl k- ust- ,|e,K..itrs and the renewal of the !
loss—tlif! shadow of authority after tbe sub- charter of ih«j I'nited Siiitis Hank." i
stHiicn hud departed. On ihc I fih of .Innuary, IKI4, the House of Ac-j
The time and the occasion which have -"'I'ly and fomu il coin|«.hinit the l.etri»lature i
tl J r .1 a 1 . *• .1 oi tlu SfMf of Ni w Ji rsc)\ pa^j»eda prt'iiubloaiid I
called forth the rest.lulion of the .St^i^atc, ^ ^ a.o,i» in iho tldWin^ words: i
seem foimpose „pon mo an additioni ohl.ga- , ,f. !
tion not to pis^ It over in siltnce. .Nearly j ^ .Itcid.d exfrft-^on of the voice of|
fiirtv -hve yems bad the I’lesidfilt exerci.sed, j |),p people of tlii» State : and wliercn-j we eonaider |
without a fjui’stion as to hiw ri"htliil author- j ii the uiuloubttd n^fht ol the LecislatnrcK of the j
itv , those i«iweis, for thf recent assumption -' '' rnl ^ to inHlruct those who represent i
1 llitir inltri .-Is in th»i coiincil.s ol Ihe nalion in all ;
r,... of whit h he IS now d.-nonnced. I be v lussi-|
^ Ol Ite- I reimury mid his siibirdmalf«; ; tudes of pence :.nd uar b id attended oiii j „,„y ,,({•,,rt the. huppiu'.sa or well.bring of tfie
lu the pi.iformutice of tlic«j dutii.-, he  Jovciniiifnt; vioicul puilics, watchful to f* uple• Thcri;«.ir.',
api
TJpiioii.
^ I Inis wa.a it settled by the C’on«titution.
" ''"'".'Old thH whole practice of the Uov-
fiirneiit, ih.it the i>iitir«.' r.xceulive |M>vver is
' ■''•‘d III the President of the I . States;
' iiieident tu that |Hiwer; the right of
■'•''lilting 1111,1 removing those oflicers vvfio
''' >1) Hid bun III th*J execution of tho laws,
■ai"i. h reHtrietioiis only as the ('onsti'.u-
Jpfstirils-s, IS vested m the I'residenl;
'•'I till) Si-creiary of the 'I'lOii'-nry is one
* •’ '’llleeis; i|,o ciisttxly of tlie
j!‘ K- pro|M rty and money is an l!xeciitive
whieh, in rehition to tho money
‘"■•iKvii\s |)et M evert is*d through the Sec-
f'-tarL -I- ... *'
“1. He U rrsolvrd hy thn Council and General
A»itinhly uf lhi$ Slate, That while we acknow.
ledge wilh feeiinga of devout pra'itude our obii.
gations to tiic ereat Ruler of nations, Ibr his nier-
cies to u» as a I’eople, that we have been preserved
aliko from tbrei)rn war, from the evils of internal
coininotions, and tiic machinations of deaigning
Slid aiiihitioua iiien who would proatrate the fair
fabric of our Union ; that we ought, nevertheless, to
humble ouraclves in llis presence, and implore His
aid for the perpetuation of our republican institu
tions, and for a eonlinuance of that uneiampled
pruajterity which oiir country has hitherto eojoyed.
"ii. lifiujlttd, that wc have undiininished con-
fidenee in the integrity and (irinncsi of the vener.
•ible patriot w ho now holds tiie distinguisbi:d post
of Chief Magistrdte of this nation; and whose
purity of purpose and elevated motives have so of-
ten ri'ceived the untjualified approbation uf a large
majority of hia lellow eitizens.
‘•3. /{enultfd, that we view with agitation and
alarm the e.Ti--tnK'e of a great moneyed curpora-
tion, vvliieh threatens to eiiibarraiib theo|>eratioiiE
of tlm  joverninent, and. by means of its unbound
ed inlluence upon the currency of the country, to
scattirr diKtresii and ruin throu)(hnut the communi
ty ; and, that we, tiierefore, holeinnly believe the
present liank of the L'niled States ought not tu be
rechitrtrred.
“4. Jiisolved, That our Senators in ingress
be iiiatiucted, and our members of the Iloui>e of
IIc|irestiil;itives be retjueated, to sustain, by their
votes and iiifliieitee, the course sdopted by the
Secretary of the'I'rcasury, Air. Taney, iu relation
to tht* itonk of the I 'niteu States, and the defiusites
of thtj Ooverniiu lit moneys, believing as we do,
tliucoursc ot’tii' Secretary to have been conctitu-
lional, and that liju public good ret^uired its a-
duption.
“ 6. litsohed, Tbit the Governor is requested to
forv. ard ii copy ot the aUite resolutions to each of
our S. nators and Kepresi ntalivcs from this Slate
in the Con"rL«»of the United States.”
On tht 21.'t ot I’ebruary last, the Legislature of
the same Stale reiterated the opinions and in
structions betbre yivcn, by joint resolutions, ui llie
foliuuing words:
“ Rfxolffil hy thf CouticU and General Assem-
lAij uf thr State ol Mew Jimry, Tiiat they do ad-
here to the rt solutions [>asstd by them ou the 11th
day of Jttiiuary last, relative to the I’lesident ofj
the I'nited Slates, the liank ot' the United States,
and the course of .'VIr. Taney in removing iheGo-
vtrnineiil deixjfiU*.
“ A’tso/rf(/, That the Legislature of New Jersey
have not seen any rea.'-tui to depart from such re- j
suiutions since the passage tliereot; and it is their i
wish that they should rcteivc from ourSinalors
and lieprescntalivt s of this StaU , in the Congress
of the Uriili.d States, tliat attention and obedience !
whieh arc due to the opinion of a sovereign Slats, i
openly exprossed in its h'gisLlive capacity.” 1
t)n the 'Jd January, 1 s3-l. the .Sfu.ite and House
of Hi prefcciitatives, eninpoi>irig the l^egislature ot |
Ohio, pasi^ed a preamble and resolutions in the tbl- i
lowing words:
“Whereas, there is reason to believe that the j
Kank uf the Unitid Statt-s vmH attempl to obtain a
rincwal of its charter at the ptesent session of'
C'ongrt ss: Anduiiercas, it is abundantly evident
that saidKank has exercised powers deru{^atory
to tlie spirit of our free institutions, and dange
rous to tlie iits rlies of Uiese UniteC Slates: And
ulurear, there is just reason to doubt Ihe consti-
luliunal jKjvver ofCon£ress to grant acts ot incor
poration tor banking' purposes out ot the Dulrict
ol t olu:nl»ia : And whereas, we Ulu ve the proj>er
dib[)osalof the (lublic lands lo b«" of the utuiostnn-
portance lo the I’toi’le of lhe.e Culled States, and
that honor and good taith require tiieir equitable
dislritiulion : Tnerftbre,
RrKolred hy the Uciteial Assenihly uf the State
nt Oliiu, 'f'hat we eunsiaer ibe reniovai of the pub- |
lie UejtoMtis from the iiink of the I'uitad Suites |
as required by tht. U-st inlurt sts ol'our country, and i
that a pro)>er sense ol public duty inijH'riously de- ‘
iiiand( d that that iiistitution should be no longer
Used as a de;>osilury uf Itie putjhe tuuds,
" Kesuirrd, aUu, That we view with decided
disapprolialiun, the rt'newed alteinpts in Congress
to Sfcun- the passage of the bill providing Ibr the
disposal ot the public domain upon the principles
projio-'cd bv .Mr. ( lay, inasuiueh as we believe
that sueh a law would be uiiiqual lu its ojieraliuns,
and unju't in its results.
"Kegulrid, also. That we heartily approve of
the prineiplt s set tbrth in the late veto messags
upou lh.it subject; aiiu
“ Re$o!t ed, That our Senators in Congrcis be
instriietcd, and our Ki preocnlatives requested, to
use their intlueiice to prevent the recharUring of
the fUnk of the l’niled States; to sustain the Ad
ministration in Its removal of Itie public dejjosites;
and to oppose the passage of a Land Hilieoutain-
in(> the piintiplts adopted in the act upon that
subject, passed at tht last sessinn ol Congress.
“ lifMlvtd, Th.it the tiovernor bi’ requnsted to
tripsniit copies of tin* lbrei;oin); preamble and re
solutions loeu'.’h ot our benalois and Kipresenta-
tives."
It is thus seen that four Senators have declared
by their votes, that the I’residenl. in the lalt Lie-
ciitive proeeet!inj;s in n lalion to the revenue, had
bi'in guilty of tiie iiiipeaehable oti'eiiee uf “assum
ing ii|>on hiinsslf authority and *|X)wer not con-
tVrreil bv Ihe Cnnstitutiou and taws, hut in dero
gation of both,” whilst the Legislatures of their
respeetivo States had deiibetately approved those
very proceedings, as consistent w itli the constitu
tion, and d'.'inanded hy the public giK»d. If these
four voles had been given in aecortlance w ith the
sentiuients ol the Le^islatiires, as alxive e.xpressed,
there would have been but twenty-two votes out
of t'urty SIX for eensurinj; the I’residenl, and the
un|irecei!enled record ot his eonvietion could not
havo been placc.l u|ioii the journal of the St nale.
In thus ruferrine lothe resolutions and instruct
ions of the Slate Li^gislatures, 1 diselaiin and repu-
diate all authority or desijjn to intertero with the
resjionsibility due from members ot the Senate to
llieir own conscieiiees, their constituents, and their
country. 'I he facts' now stated belong to the his
tory ot' thc'-e prticredings, anil »re ini|Krtant to
the just development ol'the principles and interests
involved in them, as to the proper vindicalion of
the Lveeutivc Uegiartiiicnl; and with that view,
and lhal view only, are lliey here made tiis topic
uf remark.
'1 he danijerons tentleney of thf" dectrines which
denies to the I’residenl the power of supervising,
directing, and removing ttie Secretary ot tho
'f'reasury. in lik* innnner with other Kxeeutive of
ficers, would soon be manifest in practice, were
the doctrines to be established, 'f’he President is
the direct representative of the .American I’eople,
but the seeuitaries are not. if the Secretary of
the Treasury be inde[ endcnt of Ihe President in
the eieention of the l.iws, then theru is no direct
responsibility to the I’eople in lhal important
liMiich of this tlevernnient. to whiuh is comuiiUcd
the care of the national finanees. And it is in th®
power of the Bank of the United States, or any
other corporatisn, body of men, nr individuals, if a
Secretary shall be found to accord with them in o-
piniun, or can be induced in practice to pronioto
I their views, to control, through him, the whole ac
tion of the Government, (so far as it is exercised
by llis Uipartnient,) in defiancs of tbe Chief .Ms-
i.gistrate elected by the I’eoplc and responsible to
them.
Dut the evil tendency of the psrticnlar doetrino
adverted to, though sufficiently serious, would ha
as nothing in comparison with the pernicious con-
sequence which would inevitably flow from ih«
approbation and allowance by the People, snaths
practice by the Senate, ofthe unconstitutional pow.
er of arraigning ^d censuring the official con.
duct of the Kxccutive, in the manner recently pur.
sued. Such proceedings tre eminently calcalule J
to unsettle tJie foundations of the Government; to
disturb the harmonious action of its different De-
partnicnts; and to break down the checks and bal.
anccs by whicti the wisdom of its framers sought
to insure its stability and usefulness.
'I’fie honest diflsrences of opinion which occa.
sionally exist between the Senate and the Prcsi-
dent, in regard to matters in which both are o-
bliged to pariicipate, are sufficiently embarrass,
ing. But if tho course recently adopted by U*e
Senate shall hereafter be frequently pursued, it is
rot only obvious that llie baraiony of Ihs relstiona
between the President and tlie Senats will be de.
stroyed, bul that other and graver effects will ul
timately ensue. If the censure* of the Senate l>*
submitted to by the President, the confidence of
the people in his ability and virtue, and the char,
acter and uset'ulness of his administration, will
soon be at an end. and the real power of the Got-
ernuient will tall into the hands of a body, holding
their offices for long terms, not elected by the Peo
ple, and not to tliem directly responsible. If, oa
the other hand, the illegal censures of the Senate
should be resisted by the President, collisions and
angry controversies might ensue, discreditable iii
their prog:ress, and in the end compelling ths Peo.
pie lo adopt the cooclusion. either that their Chief
.Magistrate was unworthy of their respect, or that
the Senate w as chargeable with calumny and in.
justice. Either of these results would impair pub.
lie confidence in the perfection of the system, and
lead lo serious alterations of its frame work, or to
the [iractical abandonment ef seine of its provisions.
The influence of such proceedings on the other
Departments of the Government, and more espe.
ciaily on the Slates, could not fail to be extensive
ly iiernicious. When the judges in the last resort
of oflicial misconduct themselves overleap tba
bounds of their authority, as prescribed by the Con.
stitulion, w hat general disregard of its piorisiona
might not tlieir example be expected to produce!
And who does not perceive tliat such contempt of
the Federal consiitulion, by one of its most im
portant Departments, would hold out the strongest
temptation lo resistance on the part of the Stato
sovreignties, whenever they suppose their just
rights to have been invaded? Thns all the inde
pendent Departments ofthe Government, and tba
Suies which compose our confederated Union, in
stead of attending to Uieir appropriate duties, and
leaving those who may offend, to be reclaimed or
punished in the manner pointed out in the consti
tution, fall to mutual crimination and recrimina-
tion, and give to the People, confusion and anar
chy, instead of order and law; until at length soma
form of aristocratic power would f>e established oa
the ruins of the constitution, or tJjs Sutss bo
broken into sejiarate communities.
Far be it from me to charge, or insinuate, that
the present Senate of the United States intended,
in the most distant way, to encourage such a re-
suit, it is not of their motives or desigiis, hue on.
ly of the tendency of their acts, that il is my doty
to s;ieak. Il is, if p;.>88ible, to make Senators them-
selves sensible ot the danger which lurks under
the precttienl set in their resolution, and at any
rate to pertbrm my duty, as the responsible Head
of one of the co-ejual Departments of the Govern
ment, that I have beon compelled to point oat the
consequences to w hich the diseussisn and passaga
of the resolution may lead, if the tendency of tho
measure be not checked in its inception.
It is due to the high trust with whicli I have been
charged; to those who may be called to succeed
me in it; lo the Representatives ofthe People and
tu Ihe States; and to tho constitution they hava
established ; that 1 should not permit its provisions
to be broken down by such an attack on the Exe
cutive Departnient, without at least, some efibrt
” to preserve, protect and detend” them. With this
view, and tbr the reasons which have been stated,
I do hereby soi.k.m.nlv raoTEsT against the afore,
mentioned proceedings of the Senate, as unauthor,
iied by the co.istitution, contrary lo its spirit and
l«j several of its express pruvisions; subversive of
that distribution of the powers sf government
which it has ordained and established; destructiva
of the chccks and safeguards by which those pow
ers were intended, on the one hand, to tie con.
trolled, and on the olher lo be protected; and ral.
culated, by their iininediate and collateral effects,
by their character and tendency to conct>ntrate in
the hands of a body not directly amenable to lha
People, a degree of iuHucnce and power dangerous
to their litierliss, and fatal to the Constitutioo of
their choicc.
The resolution of the Senate contains an imputs-
tion upon iny private as well as upon my public
character; and as it must stand forever on their
Journals, I cannot close this substitute for that de-
fence whit h 1 have not been allowed to present in
the ordinary tbrm, without remarking, ifiat I have
lived in vain, if it be necessary to enter into a for.
nml vindication of my character and purpose* from
such an imputation. In vain du I bear upon my
person, enduring memorials of that contest in
which .American liberty was purchased—in vain
have 1 since periled property, fame and life, in de-
fence ofthe righls and privileges dearly bought—
in vain am I now, without a (HTsonal aspiration,
or the ho)H’ of individual advantage, eni'ountericg
resjxinsibilities and dangers, from which, hy niero
inactivity in relation to a siuple point, I might
have fk'en exempt—if any seriuus doubts can ba
cntrrtained as to the purity of my purposes and
motives. If I had been aiiibitioiis, I should hava
souji^ht an alliance with ihst [lowertul institution,
which even now aspire? to no divided empire. If
1 had been venal, I should have sold myself to its
dcsipns—had I preferred pe'rsonal comtor» and oft.
ticial ease lo the jH rrormance of my arduotts duty,
I should have ceast il to molest it. In ths history
of conquerors and iisurfiers, never, in the fire of
youth, uor in the vigor of manhood could 1 find an
attraction to lure me from the path of duty; and
now, I (hall scarcely find an induceinsul to co^.
nicnce their career of anibiiimi, w hen gray hairs
and a decaying frame, instekd of inviting to toil
snd liattto, call me to ihe contemplation of other
worldi, where conquerors cease to be honortd, an.I
usurpers expiate tlieir crimes. Tho only 80^1-
lion I can feel, is to aoi^uit uiy s^lf to Uim to 'kLoiu