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"TO OIV TO AIBKITotHWO A LOCAL HABITATION AJiI A- .Jf AM?.
' pROPBUfOHS AND PUBLISHERS.
i t
VOL. 1.
GREEKS BO ft OUCH, X; a jrUESD VVPHIL 5? JL830.
'I'
i1TH7lflB1iTa rWiM
v rtmui i it
Washington, tick 29, 18?6. ,s.
f ar L , S
I the Sfi'dker ana jwraocr uj
t . .' I i C ILL l' "f-j -r - .i
KMfcN : (.ertaiii reto!utions of the i
icrat assembly, instiuctin; their ser.a-1
:' ihp ronL'ress of the United States, I
ntroduce audio voie lor a resolution
. it.'. lAiirnuF fif a niotimit im.
, i ihc particulars therein mentioned,
I j .jyiuiin' out Jhe precise mannei in
,hLti the aCIS Mian uc pcnunnc-u, nave
I a(je known to me. Alter the most
nrate examination wnicn i am capa
, h. .towin upon them, and with a
rf desire to conform ciy conduct to
i. . ( !io iipnp'fMl in Iklv I find
W;i WisI)- U1 l"v V
m.oo-ible to reconcile me penonnance
ft.'ie prescribed tak, with the obligi-
;!,.. onlumn oilh whirh I hivf la-
laol.5 01 i" ""- -
to support the coiismuuon oi me u
I ,t,J States. WKti wuai proinpniuae i
iui comply wiih the instruclions ol the
Jirlature, it compliance were permittca
diny reaui ushukhcu, ij poo
,,ru;ot conduct: anu i we your itiutt
e'e, gentienien," whilst 1 advert to (he
f, M rofiii&mg incidents ot "my life, in
- ....... iliu i. rfut niifstinri of in-
iftMiiif xiu" ' b n- ;
-Riioii. I was vtry youin !ie, 1 titst
L'li n:) seat in the house-f-dtltg;it s,to
k-hith I h.ve been tleded, wittnn a tew
;(, falter I had attained the age ot 21.
'IV dit'ii sf iidtors trom Virginia, (MeiS.
!.,..., and Brent) sipod obnoxious to the
r e ofhdvii. disregarded ttie instruc-
oi the Legislature, which had been
d on the motion ot a gentleman, ,
,e
v. Bar-!
Ufj to vote against re-chaitenng the
L.,a of the United S ates. I he fir-t,
niie he voted against the Bank, denied
right f the legislature to instruct him
- 'it last iitret-ardcd the instructions al-
1 I- u .'. . I. 1 ll
hjjeiner anu voieu iora un. iuijuhcu
bt mo other motives than to uphold the
kulalure in the right to instruct its de
nned organc, I introduced a resolution
t'rsrf'primT
bi en pursued ly ttie senaiors. iMy mo'ives
i c.'i f o, ujj tit &e and unmixed, I
suv tno young to seek prvjil by thtir oocr
t::.;ui. resohm ii ihus uitroduvtd
t pa.-M ii into uint-r hands, and was
ii . . .
mi 3;.tuu-u tiv oincr reiives wnicn were
t ii) adopted b) the two houses of assembly-'
-by itge ivit ovt rv-. h lunng m jor-
lties..A I the nge ot twentj hve 1 lock
Bseat lu, ttu' hoiie ot . f.t-j'itei.i'iuves
ot the United Stales. Th iep 1 of the
C'r.p:iisatioii i. w sin u caiue unJt r dis
cuision- 1 ca-ne irr To supply a vacancy
n.a brought with me n.e withes ol my
c r.MiiuciitB in rtgaid to that measure.
I a.auif them known, and claimed the re-
pt-ril oi the law, as due io the weil ascer
taned wishes of the piopie. '1 hie bro't
it r i discussion the obnga ion of instruc-tu-:iH
; aj.d 1 contended tor the right, un
ci' r the same reductions and limitations as
h'.' been laidcoun in the rt ( lutions be
fore alludeu io. I now re-athrm the o-
f;iiicna' all times heretdoie expressed
l) .ne, that ii.rtruciioiis Hre mandator),
jrv vided the no not r quire a vi lation
oi the constitution or the connnission oi
a,nctil iiiorJ uipitui' . htn acting
tinder ah oalh, 'he public agent, whether
?etHtor or a jucor, 1.1 bout d by obhga
tn ns of a hiut r and more controiUng
itractt.i,tlkHO. ,Can. proceed .froin any
taidy80urce. I he ttuisirtution of the
I uiteti States is the -orijji ual aud prunaxy
IcUtr of ips'ructioris, l-upreme over alt,"
aid binding upon i!i For, tne agent
who n sworn to support it, to violate it
ki,uuii:gly and inienlionally, noutd be
an act ot the gro-sest immorality and most
uiuiiHii'ated aba.-emeit:. Such is the r on'
rfsinii in which, in my view of the subject,
pl ').ence to your instructions would
l"n me. It is ki-owp to you, gentlemen,
tlv. on tny entering the senate, the only
r uii Ahich I iook "was an oath to support
U.p ( i nsututioii of the United State, to
port it in all and each of its provisions ;
c v id it neither to force, persuasion nor
I
Er atest rursonal advantage, still lo re-
i!"iii unseduted not to toucn mai ior
bi'ideu huit. I tntered into a covenant
rhmy Creator to break which, would
doi mi! to ptace in my bosom a lrome-tli-j
a Vnlture, to tear and devoui me.
'in i.blig :tion, then, to obey an instruc
tifi. which 'talis upon me to break that
coveuant, cannot possibly exist. I should
unworthy the confidence of all honor
able men, if I could be induced, under
any circumstances, to commit an act of
deliberate perjury. Instead of a stat in
the senate,"! should richly deserve to be
fit in the pillory, and to lose both my
earg as an indelible ma ik of rny baseness
and inch would be the scnteuce which
i .
cxp uiv-Hcy. No, matter what tht object ; publish U from tine to time. I his in-
ojid its atiainment cooler upon me thejun3iion is thus solemnly imposed upon
the laws of Virginia would pronounce a
gainst me.
rYoa have admitted the truth of this po
sitioo in the alternatives presented in your
second resolution. Between these al-
ternaUves I cannot hesitate to choose.
It is not fdr every difference of opinion
ueiwet:n u3 represeniauve ana cons-uui-
ni--th.it the - coiHtit'isnt wauld ncctss
anly n -iire the resignation of thej rep-1
resentative. In the course of a some-1
what long political life, it must have !
occurred that my opinions have been
variant from the opinions of those I 1
represent; but in presenting to me the
alternative of resignation m this instanc.,
you give mc to be distinctly inform
ed that the accomplishment of your ob-
jeel is regarded as of uch primary im-
portance, that my resignation is ce: ired,
if compliance cannot be yielded. I am
bound to consider you, as in this, hiirly
representing the sentiments of our com
mon constituents, the people of Virginia,
to whom alone you are amenable if you
have mistaken their w4wj Mi n.osWioii
in regard to this whole suHect, u o! a
character to preclude me frooi going into
abstractions. I do not hesitate, on the
contrary, to declare that, if you had. as ihe
accredited organs of the people, addressed
me a request to vacitc my seat in the sen
ate, your request would have hid with
me the force of law not a day or an
hour could I desire to remain in the sen-
ate herond that hour wheiein I came to J
Hp informf.l that it w,t thf settled irith oi l
the people of Virginia that I should retire
- - ,
from their service. 1 hit people have
honored me with the highest otli;es with
in their gift. It the talents which I have
brought into their service be humble, I
shall have at least brought fidelity to tin ir
interests. No where cle ha ve I looked
for reward, but to their approbation.
1 have served under four adrnini?
trationsV:'anj'""rn''gri't' doubtlessly, by a
course of subserviency and sycophancy,
ferment. But what could have compen
sated for the baseness of my prostidilion
and the betrayal of the confidence k pos
ed in me by a generous people? The
Executive files furnish no record of my
name as an applicant for any of the
crumbs which have fallen from the Li.
ecutive table. I repeal, that 1 hive look
ed exclusively to the people of Virginia,
and when they have extended to me their
confidence for twe-dy-odd yvars When
I am indebted to them for whatsoever o;
credit and standing ) possess in the world.
I cannot and will not permit myself
to remain in the senate for a moment be
yond the time that their accredited organs
shall instruct me that my services are no
longer acceptable. I eratitude for IheUered in tny cars. The soil which had
past did not, ruy own conscious weakness j
would control my course. What would
"... I
it profit the country or myself, for me to
remain in the senate against their wishes?
By retaining my place in opposition Io
their fixed, declared and settled will, 1
should aid no cause advance no great
purpose be powerless to dy good, and
provoke only to harm reposing only on
my feeble strength, I should vainly flat
ter mysell that I could with my single
arm sustain the constitution, and keep
back what 1 might consider the tide of
error, when in very truth I should but
excite the poptilaf pf eiiidii more ftttcng
ly and imminently endanger the constitu
tion by my very efforts to sustain it,v
In resigning then, gentlemen, into your
ti-iiifla wrw rlrt in flio tpnnlp nf flip
United States, to which I was called by I
your predecessors, I trust I shall be in-j other way to burn it to make a bon
dulged in a brief exposition of the reasons -fire of all that is bright and glorious in our
which have led me to the conclusion, j history. I kuow it has beea said that the
that to obey your instiuctions would be process directed to be adopted by your
to violate the constitution o f the United resolutions is not designed to expunge.
.States. I shall do so boldly and fearless- I cannot believe this, and reject it as e-
ly, but with all becoming respect, and '
with all the brevity in my power. The
senate is ordered by the constitution to
kc?p a journal of its proceeding, and to
TO
eSgfraote body, and on each individ
ua! senator. Whatever shall be done,
shall b( faithfully recorded by the Secre
tary, and shall be faithfully kept not
lor an hour, and then be detaced not
for a day, aud then to be erased--nor for
a year, and then to be expunged but
forever, as a perpetual witness, a faithful
history, by which the conduct, the mo
tive, the actions of men, shall be judged,
not by these of the present day only, but
thioighout all time. It was a wise cus
tom rmong tb! Chinese, which required
the biograpny of each Emperor to be
written before the close of his life, and
placed before him, so as to give him fore
knowledge of what the world would think
of bim after his death. It was designed
to lestraln his evil passions--to curb the
exercise of despotic sway. It addressed
itself to bi ambition, and excited within
him a longing for an immortality in the
gratitude and admiration of succeeding
ages. But this provision in our constitu
tion is still wiser. Each senator writes
daily his own bioennhy. He is required
to record Im own acts, and takes an oath ;
1 .
to keep that record ana 10 puousn n irom
lime to time. The applause or censure
of his fellow-men is not postponed until
he has descended to the tomb. It is
daily uttered by the living generation.
Mow powerful are the inducements thus
addressed to each member to be faithful
to the trust confided to him ! How much
Itobe admirtd the wisdom of our ancestors
in framiri" the constitution! If this was
its only fature, their title to immortality
would be established.
This sim( le provision i. one of the jrreat
securities of American liberty. It lakes
nothing upon trust. II the senate kept
no journal, l would be a secret conclave,
where deeds the most reQltingirfitjht be
performed in secrecy and darkness.. The
tram might there be laid, ilic mine pre-1
pared, and tlie lirst knowledge of the trea
son might be the explosion, and conse
quent overthrow of free government.
Liberty could not co-exist with such a
state of things. There is no liberty where
there. no responsibility, and there can
bs no responsibility where nothing is
known. To haVe a secretary seated at !
the table of the semte, to write down its
proceedings, and to claim for itself the j
rii-ht to cancel, obliterate, or expunge j
what he had written, is equivalent to
having no i .urnal at all a mockery and .
a fraud. The journal of the morning
may be cancel Ic-d in the evening that of
Io day may be expunged on to-morrow
cancel it in any way, whether by black
or -red marks, whether with circles or by
straight lines,it ceases to be a journal, and
ptibhshtd, but there is no journal. There
vas one vestrrdav, bnt ere" it can reaeh
the pre;-, it is Cance lled, marked out, or
xpunjM'd. These are the necesary re
sults of obedience to our instructions. If
that journal contain a transaction discred
itable to the senate, I should preserve it
as a perpetual monument of its disgrace.
If to a party leader, I ivrll give him and
his liieuds who may temporarily have the
ascefuieniym .-&!T.aM .to,faer Jblur
the page on which such an act of miscon
duct is recorded. I should be afraid,
alter performing such a dc J, if Virginia
is .v!nt she once 'Vas and 1 do not d' ubi
it, to return within her limits. The
execrations of hr people would be thun
. -I L .I I -KJ
Dten iron oy nei neioes anu
would furnUh me no resting-pl
statesmen
ace. I
hould feel myself guilty, trust guilty;
and however I miht succeed in conceal
ing myself frm the sight of men, I could
not, in my view of the subject, save my
self from the upbraidings oflniy own per
jured conscience. How could I return
to mix among her people to share her
hospitality and kindness, with the decla
ration on my lips, "I have violated my
oath of office, and sooner than surrender
my place in the senate, have struck down
the constitution ?"
:iillft'.l!?!!?l:fc' right to touch the
Journal undei instructions, it has. a right
to do so without If to cancel a part, a
right to expunge the whole. If to U9c
ink from a pen, a right to pour it from a
bottle to destroy the Journal in any
qually injurious to yourselves and unjust
to those you represent. You direct the
words 'expunged by order of the Senate,'
to bo written across the resolutions on
which you propose to make wan I will
not believe that you merely design to en
snare rny conscience mvich less will I
indulge for a moment the idea, that you
direct a falsehood to be recorded by me.
Those do not understand you who make
such ascriptions, and l am not misled by
them. The general assembly of a proud
and lofty state, is incapable of a mere
quibble, and such an one as would dis
grace a King's jester. No, gentlemen;
the act which you direct to be performed,
is designed to be, and equivalent to, an
v.tual obliteration in all its practical re
sult. The manner of accomplishing this
ac of cancellation, ii wholly immaterial;
In publishing thii journal from time to
nine nereauer, we resolution thus can
J celled cannot be published as a part of it.
If is declared to be expwiged upon its face,
liut, it tn this I could possibly be mistaken
if. after nil. it i mrflv rhiltVn nlav
the making a few flourishes, and putting
me secretary oi tne senate io tne irouoie
to write a few unmeaning words, the
question would not be changed. Such
as is the journal, so shall it be kept, anal-
tered in a letter, unchanged in a comma
the jame Is it ndwl, Mto the last eyl-
lable of recorded time." Such is the fiat
...w .viiu.iiuiiVMi v m
in the commonwealth of Virginia who
nf I no rnnclitnlinn I hero la nnl a rlorlr
would execute such an order in regard to even if your declarations in his behalf
his records. The people would be alive were confined to your own journal, the
to the question, and in vindication of their historian would not fail to avail himself of
right, yvould erpwi.se the court sooner them as efficiently as if they stood embU
than permit the record containing ihe ti- zoned on the heavens. From my 'knowl
tles to their estate to be cancelled in any edge of you, I am sure that you would
manner whatever. They surely cannot not be willing to pull dowa the constilu
take less interest in the preservation of tion unnecessarily and without object.
Ihe constitution, the great charter of ali i In your effort to vindicate the president,
their rights. you have cat on me, in common wiiL oth-
'I he effort has been made to hunt up ers, the very reproach which you are
precedents to justify this act. The paes pleaded to regard., so offensive in rf.fer
of English parliamentary history have encetohim. You hae publicly, and be
been ransacked and-An array. baa beeil ffe the worJdt declared a resoMjnti for
made of examples drawn from the times which I voted, to "Be" "si Wersi veFof "the"""
of the Jami-ses and ueorues of England, rights of the houje of representatives and
With equal force might examples be quo- the fundarnentarpriuciples of free gov
led to justify an American president in ex ernment." It you design to charge me
ecuting capitally a c7'n of any one of with impurity of tnotive in the vole tfius
the states without th form of a trial. He given, your accusation would imnly the
might equally be justified in the use of the hit;hcsi censure. But this I "do not as-how-jtrmg,
because such is the power of cnbe to you. Y mi intend to say no mnre
the Grand Sigmor. The power of the thin that y our j idg nent and opinion dif
Eoghsh Parliament is unlimited. S is fers from thai -x,)fe-sed by. me upon the
that of miny of the flairs of ihis Unmn, sit'ject out of which grew the resolulicn
in regard -to this particular subject. No ol the senate, and that the senate comuiit
precedent can have force to overthrow fed an error, which in its effects, ia cal
an stress enactment of the constitution, r.uhted to subvert '-il.c rights of the house
Under its provision, the senate is diiecttd of repre.-e!it ves and fun ljrnental prin
tokeep a journal of iis proceedings. If I cipJe3 of free government." The censure
were )crnited to lp k elsewhere than to which your resolution conveys implies a
that constitution, I would go to Virginia correct j idg;neiit o my part, in voting
for bright and glorious example to con- for that resolution, and nothing more. If
duct me jn safety. The first in point of this be your meaning and I wiJl notper
prominence, although not Tii 'point oftime, mil myself tothi ik 'otherwise I am yet"
js the course altempted to be adopted by to learn how I incur the hazard of i'nb-IKnnog-j
paFtj; thTimrsFbfBu
in 1795, as to the celebrated resolutions resentalives and the fundamental princi
of i'atricK Henry, of that period. These pies of free government," by having de
rcBolutions were declaratory of the rights dared in substance, what as a meinour of
of British America. After their adoption, the senate I did by my vote declare, th it
many of those who vot-d for them Lft the the president Ind mistaken his course, and
city of William'burg, th reby gtving to the that his conduct was "in derogation of the
oppoeite party the accidental ascendency; constitution and laws." Hve. I dona
and they immediately formed the rcsolu- mare in this than you have dore r
tion to expunge iliem from tht journal, your declaration ? And if not, 1 submit
But by a stroke of policy as bold a? it it in all candor to your dnpasfonate
waV success!
resolutions from being expunged, which able io trial on impeachment before you,
form at this day one of brightest pages of you would consider yourse lves as having,
Virginia history, and recorded on any already pronouncifj upon my guilt in ad
man's tomb would ttcrnize "his fame, vance. I should certainly not dream of
And yet, to expunge them fiom the jour- excepting to you as my judges; because,
nal, was regarded as much an act of diny resting on my integrity ol motive, I should
by those who proposed it, as you, gentle- feel confident of acquittal, there can be no
men, can esteem it to be in the case uu- guilt without a criminal design and I
der consideration. They failed and my am sure you would be a.Tkong the last to
prayer, as a citizen of a free country is, ascribe to the president any criminality
that you too may be unsuccessful. Your ' of design. Am I to .understand you as
posterity may have good cause to rejoice declaring, that because the house of rep
in your failure. j resentalives may originate an impesch-
Another example, almost as 'illustrious, incut against the president or ether officer
is to be found in the conduct ol Robert ! of the government, the senate has no right
Beverly, during the administration of i to express an opinion as to any act of Ihe
Lord Culpeper. The history of the inci -
dents of the "transaction are not only in -
structive, but highly interesting. Lord
Culpeper, armed with all the authority
oi the King of England, his master, or-
dered '..that a resolution adopted by the
house of Burgesses during the administra-4
tion of Herberi. Jcffi its, should be expun
ged from their records, "as highly derog
atory to his majesty's prerogative." ' Rob
ert Beverly , was clerk to the house of Bur
gesses. Every effort was made to induce
him to produce the journal in order to have
it expunged. He was subjected to all
manner of persecutions ; but he gloried
in his sufferings, and his noble spirit rose
in proportion to his persecutions. He per
emtorily refused to comply, alleging "that
his master, the house of Burgesses, had a
lone a right to make such a demand, and
that their authority alone he durst obey."
And I too, reply to those orders which are
now given me, that I will not expunge
the records of the senate until the consti
tution, which, while it is permitted to re
main, is master over all, shall be changed
altered or abolished.
You will have full
opportunity, gentlemen, to appoint anolh-
er in my place. For rny part, I will not
consent to be made an instrument to ac- senate in the instance of the late posroa,s
corpp'ish such an object nor sha'l I envy ter general, (Mr. Barry,) who had can
any successor whom you may send on traded loans in his official character for
such a mission. - 'the use of his department without au
Had your resolutions directed me to tbority, declared by an unanimous' voic,
repeal or rescind the resolution oi the that his proceedings in this respect were
senate, I would have obeyed your orders, in violation of the constitution and yet
although w ith great reluctance. I would, no complaint has ever been uttered against
nevertheless, have felt myself ons train- that resolution of the senate. How comes
ed to do so by my recognition of your it about, that anathemas have not beb
right to instruct me.
would have reversed and.ann . 1 that,
art rnnrml:iriff Af ' If vmie K5r t . -jfA
vindicate the president in ihe'fe a'TV V
wmcn ne Hssurnea and stilt exercise s.cver ,
the public money, and esteemed it ri r
sary in order to do so, to have hid . r J
opinions exorersed through me in the sr..- " z
ate chamber, they should have been faith-;
'fully represented. His vindication "after. V'A
all, cannot consist in the form in which it rV
WW UIJU4. V I KW L- V IUU 1 J U fM I W llO , J
the legislative expression of opinion t and
miv ha nrr.i.l If ij in la IahiwI I m k . ' t
1 president or such other officer ? No
l matter what may be the act, even if it
annihilates the powers of the senate baa
it no power inherent in other bodies, of
6cf protection and defence? A Brennus?
maynvade the body and pluck it bjT thi
beard, and yet according to thw, it haf
no authority to slrike. Go 1 that venerv
able Patriarch of Mqnfpelier, ( Vlr. Madi
son,) and ask him whether, in framing 'he
constitution, thaf the senate shoulJ be a
mere motionless stock, or a vigilant, sen- -tinel
to give notice of the. approach of
danger to that very coiistifii'tioVi :w1iich ii
is sworn to support whether ihs repre
sentatives of the sovreii utatci aresqeh
mere automata as to move onry whent
they are bidden, and to sit in their phces,
like statues, to record such edicts as may
come to them ? If the president recom
mends a measure which the senate be
lieves impolitic, tdiall it not say so"? So,
if he adopt a cofirse which he may. jc-
I lieve to be correct, bui which the ?en ite
thinks unconstitutional may it not
may it not say
so ?
And does its so declaring tend to
subvert or to sitpport "the fundVrr'ntal
principles of a free government?
You
the
jsurely can be at no loss to . decide.
1
--
T iji i i