THE WESTERN CAROMMAN. n t'lT. t)' km, PUBLISHED .WEEKLY: JOHN BEAHD, Jr, ISJUor and Proprietor Xumberjrom Mr beginning, 7GS : Na 38 OF THE XVth VOLUME Salisbury, Rowan CMnity, N. G Saturday, Fcbniary 21, 1835. no, ? t t Pltk, , h nil n. 'hi asi. ata. 'tfV af rtu rit-1 in. uLTx "y ii!4 iU rati fik, 8W kirk MM UM mer .801 1 10 j 1 30 1 ml I 11 JOD .kj (bit and centuries, the blood f m,ny martyrs 'i horror of iimuiiM-rable nn to rracue from i LEGISLATIVE DEBATE. and the fi-iun lit k..LI H r.xeculive power beyiaaj (m Atlantic. Tin or dinary incna-iil of Lcvtslaiiva umm have been oWJ to lmj Senate, lw, cvtf( woo of arising from ila also paaa-asmg Judi- island Exrulie power; but it niul be recul. DfiXCIl OF MR. GRAHAM, or Ihixaeoaoto, On ths Rttolutiont to Instruct Mr, Manf um. (cOVLl'DKD.) But, Sir, I Will not leave Ida auhject before im (o ftalt an examinaliim of tlie coiuuraiive merits gl' tha Legialaliva and Executive ilt NrliiM-iita uf iLiff miiMMpl in other ages and count oe ; nor woulij f ake ail mvidioua diMtnw:tMtti U'Uwn those of became (or one mrM-, il ia Judicatory and Cr own, much unit-bukwl an illcjnl ciur. J iHrflM;r an Executive c.aimil. h u not merely fimul power in either. I have bw-n endeuvourmg ; the U m a branch of the Legislature, cabbie of fia wtbw that President could derive no rj "'ing ami jatamng law, ()f declaring their Iru gnt the public revenue from any of fbn grants iu ' meaning, inquiring lulu the acta of al t.. rn. of the second art it Is of the Conotiution, "iiiai it rresnk-iit khall have power, by and wild u.,c ' ami consent 4 the Senate, to make In-a- im-, pniHb(l Iwo-llnriJ of Hrnalor prvful riariir " ll II ... D l" . , uj m nriimrniniivra no not rwim ny agpttoy in making Irraiit a, but that h n a U,4 ,1,, ... U.r a. , ..l..,, Z i i i - -v m huh. ri, in nyn-w . . - . . . . . i I.V k (JotuMilulion, and a no law Im hr-n prodiml, ktlving auch power, IIm KchoIuIioii of llt H). H! i lkil to bn (nif. But uppoiift lliut I am oWrivi.-d in all tlii, tfm uMMtratioii of ill truth by no iih-uim iMfcwtn- ?ro tlM: vindication of llm n-wilulioit of lint .Nimlo. roiu tlt vrry iiulureofourtJovcrniiHirt.tiM! Ku jte, a auch, U Uit tha minister In pt-rfurin tli die fciMuf lni4mm ; and an tho aulliorily to (Manmnd implii' tlm rilit to oIk-iIh-iht, it m at 0 linm foiiiHMrnt to llw f j,innivo powrr, lo kcUre wbi'lhr, it will U-n protMrly etecu- nd,or wbj-tluT, innlf r a pnMrnre of it, Ktcufive rol mivu bw-n doiM which it wver autlnriHd ; hw may be elK-clt-d by a alwlute dnrlaratory of i kit the law ia, or. by the exp-aion of an iMiiion iatlr ahniwof a Rriulimu Where the linihilive ywrr chmiII in distinct bodje, Mthrr umy nmke wen a decuwtuua, wnn tr wiuwhii tne cottcurrcnce J Hie other. A both arc charcvd k ith Iho re. MMihle duty of eamininf( tliu whole body of the to acerUiu what dt fucta axit, and to provide HitaUe renieliea, ao both are eniwlly bound lo grotiuiie the adnumnlmtioo of the law; and, if ity be UkuuI Id be tuiiiuiideratuud ur tniaepplutd. to declare their true meaning and inmut on their correct admtnintraHoa ' auch dorhrratmna are nnt ilwaya made by the terma of euactuienl mervly, kit thnae are tiAUnlly preceded by a preamble, re citin that " Wheremt the Judiciary haa decided Improperly ,n-or whereaa knm Executive oR'tcut icted improperly. The term nf reiwure im lied or exprewied in auch I preamble on the com. uct of the officer iu qiieation, may be more or leaa vere. 1 lie right to ue them ia certainly imam. if niahle, and ia und:r Do other restraint than are illached to all the rijjhU of ..Logiwlutive body it hi n the pale of the Constitution their disc re but) ainl aense of propriety i their only guide. If the Senate of the United State had used the fcjiumje olltlieirReslulioii by way of prcauille to a MtHtnte, 'dcciiiring and enacting " that the &iuk of the L'lliied CiUitu dH and ahull kjcukm It) nghl tn tlxt ueutiKiy of the ptiklte tuouiea" HO an tlicj are kfl iup ly and puKfnnt taithmly,,, they certainly would hnve Ixwii wilhin the. liuiili at theirpiwerir, und yet fhe-Hly -iP',.t of uih act on their iHirt would have ln-en' the aanie with truntwl miih their ewulion and of awrtin heth er llN'ir iulentiofi ha U-eii fnllilh-d.or wlwiher tlte ciKluct of any Kwrutive oflicer fntn tlie highmt lo the loweat ha Urn in arcordanre with law, or in violation if it. 'V, rijjhl drfewling all iu ower aHiiiMl inlni.nx iit bekm eXwirae to the N-nate, if the 1'rc.Hlei.t alniuld axHii an effi cer " to till op a vacancy " hich had haM-ned do ring their eewHtu, ami not - during th" rtfews" or f he ihould excluuige a ralifratKM of a treaty with a Foreign IWer, without conaultmg thein, they would be authorized and bound to rennawtrat againat either, a an infraction of their Kxeculiva pver. Tim CtMtotituiion declaring that oflicer hall he apfHiinl ainl tr, jIhw coiicIimUI by and " with the advice ami ci iit of the Niiate if the HoUHeof Keiirewiilalnen hiuld premjuie to imu judgment of reuiuval lotwotnce airaiuat any uuiu or d.x:lare l.i.n n-lh, of ofW,wirB i4 lhe XXiWr ,lrrw fufth .,. 1m iMHiale hav prwta4 agam lluit a a direct e croachmeiil on llwir Judicial funcliai; ao, if the llotme of Kt-prenciitauifti, or PreaiuVut. or both, u co-ordinate brauche of (lie law enacting power, ahull amuil it Legialutive right, it may in liLtf manner defend tbcae, which Are Jar more cxiaWve than the two former, comprehending every legiata live atrthorrty granted tn the other tJunwr, vnth the exception iMily before atated. It ha lieen boldly promulged by the head of a Department, during the pnwut year, that the Senate ha no right to inveMtigule ita alfuira, If thii imleed be true, then ia the Senate deprived uf half it efficiency in the enactment of law ir how are they qualihVd to imM new law, unlesa they can ascertain mit merely how the old are written, but how they ofterate prac lion rat a law er law to be pnimed by CiHigreaa ; and it ia Hie couatiluitotial rifchl and' duly of tle ikw m n- preeiiialivea m l auch C"e to (fc li. Urate on lite exwfitency or inexcliency of carry ing auch Tieaty into rllect and In determine and act thereon, a in their judgment ny be nxait con. dm ive lo tha puWic good. RtmJrrJ, 'rhat il ia not neceaaary lo thn pro priely of any aiplication from tin II.nim) to Ihe r.xecutive. for internal ioO dtvimi liv llum iul hirh may relate lo any conatilutional funiiNia of the Ilouae, (hat the purpoaea lor whic h auch infor. matiai may be wanted, or to which the aanie mav be applied, ahould be atated in the application. (Journal Ho. of Rrp$. 2 tol, 4N(l,4H,4Nn.) Tbeaw Rewdutiona anarrt in aulwtance, that Ihe IVaident in wilhlM4diug lhe information Bought bv tlie lluatar, on the ground lUt it had Mil been akcd lor, a evidence on an impeachment, hud contra vened llteir righla and violated hi conetiluliiaml duty, yet they were ailopted by a vole f 75 lo 35. Among the tonne r of whom are auch name a Jame Madtanri and N'alhaniel Macon. Thia cen- trance from the IVciiaVhiT U did t4 tbrtr power lo exprea their opinion, a lo their ciMwtitu lional righla. A at ill atnmger precedenl ia alHinled by Ihe caae of Jonathan Kobbtna, during lhe adini uiatralioo of lhe elder Adania. A terwHi of Ihi name waa in prison in Roulh-farolina, ( trial, on a charge of l'i racy and Murder.rommittr I (,n lard a Drilih .hip i War on the hivh aer. On reuiitiin of the British Governmenl, under the treaty of peace, lhe Preaident inf. rim j the judge ol thai Diatnct thai he conailereJ an olFunce coin milled on board a public ahip of War on the hik'h aeaa, tn have been committed within the juriadiction of Ihe nation lo whom Ihe ahip belong, and re queaied tlie judge lo dchver up tlie priaooer to lli agent o lireal-llritain; providrd, tluit the atiMila tically! And Ilia people are rohhed of one half of ! teA evidence ihia rriminaliiv .tUMl.l I. nl.-,l the aentinela whom they thought ihey had am-auU i The k1" acrordiniflv mireemlil 1...... a.ul U J . .-u l .i i.. : . . . .1.- . . "v. - - cu iu waicn B.IW examine uie auiiHiiiairaiKNi 01 lire . trwxl aiwl .tmiU hv o.n m.ri ...I . law, to commend the faithful and cowlemn the un- rh.rire m.ninv ami munUr. TU H. faithful niiniaterial aervanta. Shall I be told, a nrMentative eailed for the nanera rr-Uiive to il.e I I k. . - J L r L LS a : k- ! ' . .. . ' ' iiiu ucoiMirneii w iore, inai me oenaie. in nn ; rl. ao rewJut on were intnH oced rec it ine all iiivetfga'ttiii nwy c.aj.eTve opTuiima bimT owTraciTine (acta, ai onnrKiiling that te 'x'wwn oflhcaaj prejudicea whici may remler them unfit lo act aw ' q.wio. by the Premdent againil the juridicti.Mi ot Um court ot Um Lulled plates id a cam; where .thoafl Courts Mi alrradjft!Biinied and exerciaed jurisdiction; and bis advice and requeat o tlie Judge ol lUe duirict court, that, the person thus charged aliouUbedVlivf red ut;provkted,only such Pvidctice pxlgew, if an intpeechijMMil ahall be pre fur red aguiusl a dtilinquaut odiccr tliua det'cM f Thi arguineiil fnua iiMHNiveniencej if it be entitled to any notice, (iwy.Jw readily answered, ,. 8ir, poaitive sflfnila- tinns, the oWrvance of which Is enjoined by onth. litis re.tu(i.Hii that is, lexor- ll.o nimai oT"" not to be disregarded Dy imttvimiar tor as orfof his enminality ImhjM be nrahiced. as would (bat branch of Ibe Lfgisjatureou the illegality of; p.rijly and cxmvimicnce. and lua Senator would Justify bis apprehension and commitment for trial, the. conduct of the. Problem, that tlie act of 1 1 0 1 deserve and receive tlie wfcrest reproof, who are a'danjrerous iiUerrerenoeV.f tile" Executive with . . 1 II I . A. l 1........ . mlit lo bo executed as it hiid alwuVs been hrro. ! ruwit nimiieii i.r a lauuitj io sin ine coimiih?! oi any jiieictn! deeiaions ; and that tlie compliance with - ) piuiHe onarw, nv ine Kar uuu. no. souu uiua mu i. ii T ..:J...:. i ru v dinuu hlv himvll lr Ihe trial ol an imneac II ia HHf 'WIW IIIIIICIII .11 I III y IK uini.iuic .IS- I J - , ' - . i ii i : . i i.. .!. . . . , . snouKt one o utatuuwu uv uie uiust l!"tilire ol tlie t onatifiitional I.Mleneiuh-nee nl t he Ju- dkial power, and exposes the administration thereof, tn suspicion ami reproach." Theac resolutions wre not adopted, becausn a majority of the House be 3 luTire. utJ'jeoch ( and rvqneal on lhi part of. lheJudge rn i of the Ihtrict Court of Sooth-Carolina, is a sscri. seiuhly, as well a Judicial t rihiinal, iiuluiu (nwithe. r nwnt h' restrained, Dirt merely to pnrttxt ttarlf from jl interruption in the discharge of its duties, whence irise the power to punish for contempt, lmt also to remd any iuvasiua of its rights by thp "li!ntnuuT.Uuverrtincnt 5 and when the Consti- . 1 . ( 1 : ' '1 1 . - 1 Couiresa lhe same species of reason would for bid the Senate tn vote for, or the President lo ap prove, a declaration of war, lest thev alniuld in its progress so fur lose temper as to be unfitted 10 ne- licved the conduct of the Preaiilent to be leirnl gotwte a Treaty of Peace. : A Judge ijn like uwn-1 Btit ao fur as I am informed, mi doubt was exprea. ilutiouhaa provided S wpee5m ilrtrnirmr-iw .-A -. ,, , 1r J'-' ,) -- -: i, i Amm-tint will mr Jt watfati'leiiee. beine WSW) 4lrwi i .w) MMM-J,tMiiwkwl nmnm mrm aw-wwI-J a-awMa) 1 matters, it musi be JlseTf the jutlge'oit flie' qiit'Sioh',') whether such an invnsiw has been mjt(l?tl N ' mild and feoble inodo in .which only it is able to re list, eatt make n difference it may not possess the power o eonipel the encroaching department to desist, but. this does hot prevent from giving the alarm and rousrng tha vigilance of, those from ' 'ham iJoverhment 1ta dejived its exirfVince,- Ifi ihe other nwe of lhe LegiiOature- liou4.i Jmaa a Resolution directing the public Treasurer to pay a taitn of money to ah officer without' sending it here (ir our concurrence, il would fM only be our right, but our duty, to remonstrate against such a proce dure. If his Excellency the Governor should draw a warrant on the Treasury in favor of any individual under pretence or mistake that an appropriation tad been made therefor by law, we should likewise twist that bv protest or resolution. ' The Govern- 'fir of thU State in 1919 appointed a judge of the ; Stipertor Court to fill a vacancy which flad;eoncur-j rel. witbouUW kuowledee.othe General Assem-1 tlv ."Thtriii thwtr 'sessfnn Tlve-Mle W-the Con stitution authorised such an apmiiifment only when tlie vacancv hanfiened "during their rccess" Tlie legislature which next convened, pndiably concur red in the GovernoVseoiuitrucjion; alHIue " respflct for '"thai : disrihguwhed aiid pat rlirtTc Hingis-' mte, (Gov. Branch.) had the General - Assembly m cither House of it been ol a dilli-rent opinion, dethe peswif wsfcfevire, being wiaxbU 4lrwl and many flivrtnirthed mrmerarw recorded agamat anv but Judicial blow. II waa lhe inlcnlioii oi , motion lo diaLlwrue from their further cousr- ihe rraineH oT our HwisJTlunori.lhat theT fSni0r; dernlirHirHere, llien, Is i"proikilion Tor litter . .1 .1 .i r i i .1...:.. i . ...' i ' . in x-Migress, io wuom inew mrwioiu uum-a miv censure, not ouiy on ine i resident, out on a juuge confided, should posaes the hiuhest qualiticatKHis ol . f die l imed Slates, in relation to their Conduct mind and heart ; but to guard against Jhe frailties jn f,c const rucfioa of a treaty, in defining Ihe limits of human uature in its State, when thry put oil the j between the Executive and Judicial powers, and on Legislative to'assume. the Judicial Tobethey are a dithcull queaiioa of admiralty law, retained under required Xn take, a lie oath or afnrtiMitjist, to di-, cmmiderati.rti'near twenty Jays, and fuiuTly rejected mrt their attenttimlo Ihe charge altedged ami lhe : ngamst' Ihe wtuhes of Allieit Gallatm, Nathamtd evidence adduced by the other House, and as Aih-4 Macon, Jolin Ramhdph w4 others,-who lieve been ful triers to make their decision upKi tliese only. ; quoted here as proper ex p.u tors of the Coital it ut ion, It miiiht ptawihly hava been uwre proper to have ! I will only mention in addition to these the almiad civen the Judicial ami Executive powers of the Se-' unanimous vote of commendation to President nafe to some other b-alv, Isil it is dilncull lo cm- j Washington, when retiring from ofltce, (Journal ceive how the superaddilion of thene shsild in any ! Jo. of llrit. ntl. 2, fill)) and leave it to candor to manner diminish its power ol defending itsett, aim say, whether il they have a right to praise, they the riirht of free examination into the execution ol have not a right also to blamej Is it objected that these authorities come trom -might they" not have reaolved that His Excellency in making auch appointment had assumed power oot granted by tne MMistituiion anq ns, m tleroiration of bothf When auch a declaration ahali bw made tnuat depend solely on he opinion or - . a i I ' "1 .I'll iJT' ihe department or body wtiicn Deiieves iw rigms w kve been Irmlated, Froth the imperfection , of man it mnv be' inanDropriatelv made, but the like n. The Senate or me umiea piaies, uirrciore, Wing a Legislatrve body, clothed with as mil Le fislative powers as tha House of Representatives, excepting in thetsingle particular of being unable to onirinate revenue bills, had a perfect right when- tver it was convinced of tlie foct, to declare that the Preaideni had invaded the province of thalawma i-irs and under olor of executing his constitution I function bad assumed power which .belonged axtty to Congress. Though inferior in number, and flwugh chosen differently from lhe other House, they are, with the exception before stated, equally tWged with the high and solemn duties, not mere-h- of enactimr laws tor this vast Republic, but by hiyTOarytgilance of guarding from usurpation tho liiss, and ammttdveiM on lle acts of Execu tive officer of any grade, w hich, as lliave endea-' vored to show. b"lonirto exery le gislative body S?-a rigfetwhich .has bewn whwre exrc mtre ;reeiy man in me min i " " j 1794, Mr. Giles of Virginia, introduced sundry Resolutions into the House of Representatives, cast-ing-lhe- bardeK eeosure cd AkirlHaimltoiii then SiJ'relar of rtie-Treasury, charging bim ,a mng other thing, with neglect of his office and indeco- 1(1.11 IO ll.u .i.-.'u, ' - tuo inestimable rijhts, which it requinaj In 1796, a Resolution pd the House of Rep resentatives calling on the President (Washington.) to lay before the House a copy of the instructions MiniHter. toiretlier with lhe correspondence and other documents relative to Jay's ..treaty The President in a written message refused to commu nicate the information desired, declaring that " to admit right in die House ol uepreseniaiive io demand and have as 'ia&iM&V' pers respecting a negotiation with a foreign power, would be to establish a dangerous precedent." The message further proceeds i - it does not occur that the inspection of the papers asked for can be rela ;. tn anv ournose umler the cogniaance of the iaoljseite peachmemV which the resolution nas noi epn-. id." And concludes, a just regard to the Con Btitution and the duties of my office, under all the circumstances of Thia case, forbids a compliance .:U sAti mtniiAflt. n Whercuoon, Mr. Blmint of: North Carolina, in Committee of the W hok, mo ved the following Resolutiooa which were adopted bv the House. 1 ; ' ' Raolted.' being declareo" by Oe sewed Tito" lliswe of Representatives aToYie T 1Ty friemt from Bertie (Mr. Outlaw) haa'aditiiced a precedenti of a like proceeding in Hie Senate, (ov. lintnehs further comment now, 1 lie unanimous condemna tion of the Postmaster-General in tlie same body, at the last, jnssiOQ of. Cwgress, demonstrates even to the Jinwilling. that their riff ht to do so is un- questionable. But what power has the House of Representative to was jwlgmwnt on tlie acta of cxecuuve otucrra Dy rramnnin which is nut pos sessed by the Senate. Bv the Constitution, the House has " the sole power of impeachment," and the Senate the sole power to try all impeach ments.'" The power to impeach, however; does not give .tha riglyr to censure, in any other way man oy niing a criminal iinorinaiiuo to oniig oflender to trial before the otlier body. It is a power to indict an oflbnder, but not to find him , guttly. .Ytt the Resoltittons; before stated both be gin and end the accusation, both charge and con vict. They cannot, therefore, be traced to the impeaching function of the House of Representa tives, but result a an incident from their legislative authority. I regret, air, that I have felLolJigeJjp-jdelauLlhp House thus long, in endeavoring to demonstrate Ihe right oT the Renute of The United States to declare its opinion, whenever it shall judge it to be proper, of Ihe official conduct of the President or of any to consider this right of all legislative bodies as one of the elementary principles of freedom, ,The history of liberty for at least eight hundred years in Great BritaittmlM an almost eorwtant strug gle between the Legialative and Executive powers "i xioYrnnneiH ine l antanwiu uiMatmir un the right of I lie people, and the King aaaertina the H original, uocIhs k.d Executive powers' of inon archv. But ever since the aMwmhlage of the in flexible Barons at ltuuiiyiioV, lhe right of the lormer lo sprak their mind freely nf the rondocl of Iheir rVrtrereign, if H ha been denied br Ihe flavea ol courts, baa been exercised with the bold new which la hsigs lo the volarie of freeiloin eve. ry where. A far back a the reign of Henry 3.1, we are t..d bv hiatory, that in full Parliament, .mm W when Henry demanded a new supply, he wa ots-n. ly repruached wiib a breach of bis word, and Ihe frequent violations of the charter. He waa asked if he. did not bluah lo ileal re any aid flora his iwo- pie, whom he proftHMawlly baled and despised, and to whom on all occasion be' prrfered alien and foreigncra, and who gnstne.1 umler the oppreaaiona w hich he either permittel or exerciawl over them." Hum, 1 Vol. 345) Tlie famnua Vrhlxon of Right waa but a ileduralion in indignant terms, thai the King had exeiriaed prerogatives unaothoriacd by the Briliah lsmtitutiiHl ami in r.silraventiisi of the righla of Parliament. In the latter )eara of Charles lat, the Preamble is" a bill lo raixe aokhera, denied, he King 'a. right to irnpnaa aubjeel into the mill-1 tary service. Charles came lo Parliament am) i Ifcred to aam liisi the bill wiIImmi! the Preamble " by which iis-uim, he aaid, that ill-liuwd qiH'lii with regard to tlx; prerogative would lie avoided, ami the prefeiwiisia of each party be left entire." Both Houaea took fire at the meaaura. Tha Lord at well as Common! passed a vote declaring it to Is- a high breach of privilege for the King to take notice of anv bill which was in agitation iu either of the Ilouae, or lo express Ins sentiments in re gard to il before it was presented to him for hii -,' ft-r ".I ' . ... aaaeui. . pucn. are the terma ot denuiK-iatKm m which tlie legislative AaaeniblieaofEnglaiHl were permitted lo apeak of llieir monarch before tin' rights were nrmly established by the Revolution of 1()nh. Hrnce that period, (he moat high prrroga live Tory has never breathed a dubt of such I I f a - .... rigni in i'ariiament lo its In I leal extent, lint it is vehemently contended here, that one of lhe Houses of the American Csigreaa, lhe. Representative of the whole twenty-four Stall's, has no right lo ex Uirea it opinion, that the President of the United Statea- hnd asaumed powers which did not belong to him, but which were by the Constitution confer red on the Igialature that their mouth niual lie scaled as to all bis acts, except when opened Cr tha ascription of praise, and that if, in an unguarded moment, umler the impulae of the spirit of freedom, fTievhave vchturedio question the legaJTiy of a single one, the moat Ivssired sons of all the Stales moat be bumblod not merely to confess I heir sor- row, ImjI lo umio Ihe deed. "Bif, I appeal to every A merican citizen to - aar -whether the prtwera of their iTestoVnt ire more oaolut than those nf a Rnttah King, or wlietlier llieir Cong mas, tn -either Haiats has not the right, to ajieak of the former with a freedom at least equal lo that of lhe Lord and Louunoiu) In reghf d to ttio latter.""" " hyj Sir, Ihe expression contained in the Resolution of the SiMiate, re.specling the President, js high commen- dution compared with tha censure and animadver sion, which for csnturiea past, the two Housea of Parlinment hare hnmtunllr passed on a Kma who- according to Ihe Iheorv of that Government, " can do no wrong." The lezitimate onweraof lhe Pre sident are tremendous enough. To sav nothing of the cniei command of the whole military foroa, and the negative on acta of Legislation, the power tfpoii4 forty thooaand olfiearw, eompensated by j salanea of many millions of dtdlars, and compria !.fiiln. fiowKmTaJg to remove Iheae again at will, and the power to con clude, with the concurrence of the Senste, all trea ties with fueign nations, are quite as great aa tha jcaluuaspirit of liberty will (ceord lo any one man. Add lo Iheae tlie claims mceiUlv set up of control.. log all incumbents while in nflict unler penelty of fniov.aLaVi4.4hJpiAiB any. tiling to bo done under tlie form of lawi isf. the entire custody and control nf Ihe public trea sure ; and fordid the Senate to question any Execu tive set, and a perpetualxlictatorship ia established, " to take care that the Republic shall softer no harm;" to be sure but this also implies lhal it shall receive no good unless' it so please the Chief Ma gistrate Mr. Speaker: It may possibly be unfortunate inai any coiuaion siiihiiu arise nei ween any oi ine branches of the federal Government ; but mr, not to be encouraged, they certainly ought not to tainted breete," ha haa given lh alarm at a p ioand aaaaull on the Cotiiiufi,and rualied to ll.a rescue. Had he, I hough fully cisivinccd of the apprtaxcliitig attack, ubaened a cowardly silence, or baaely cried u all's well," placed, as be waa, high ou the wslchlower of our liLerlies, be would Lav deserved the deep execration of his country qen. And will thoae ihrrn, who, tbrajgh believing this dungcr imaginary, admit that liberty-ia to be pre-, served only by perpetual vigilaocf, deatmy 'that vigilaiare in Iheir own aervanta by inflicting degra. . datum and diagiacal Will freeiisra llwmacliea M pardon mshing to tha spirit uf liberty T" Sir, men are nut prone lo desert the ranks of power and palnxiage, or incur Iheir displeasure. , Il is far led difficult lo flit. iu a current than tn stem its tide, ik1 the public servant who exchange adniinUtra lion tiir opaatitiiaji, must be excused at least from " Ilia niotiva isf preaeot reward, and ilvHild 1x4 b ' lightly condcmiH-d. Ilia tendency of tle aclfiah paaaiisM to prefer the side which dispenses ofl ct and eiiMiluiiHni, ia obvioua to all and all history will prove thai far more Hlat.Hunen have betrayed their trusts and haaelv auld tlie inlereais of their riMiatitjieuia, by going over -to lhe Admiuiatratijin, than by leaving il. IWware then, Imiw yiu reprove -the iiMlepeialeiM-a of yisir Representatives, leal yea eiN-iairaga tlK-in to prefer iheir own eaa and ad." vanceiiM-nl to their country good. Sir, I have thus far said nothing of the partlcu liir riquiremenl which theae Iteaolutiisis iniix The nVrnaml of ir Senator to a know bilge h error, il not the filH:hoi'd, of an pim rxprewed on his oath. Every put.lic srnaiit U rrqufred to take an ouih lo lhe (malitution, ia order that tha gnnt piimipk- if justK and liberty, which it en i la idles, may be kept inviolate and whetwvrr, by word or deed, be di-ciih a const if lifiouaj quca- liisi, the eye of lieaven has been railed to witness hi s'lmen'tyi iHl.duine vrncauce iuiprecauxl, if " he ahall fail toexpreaa lhe hottest couvuliua of his mind. Nor is this all. If it be true, that it is a psit of legislative duty, to observe the tratioii of the laws, and to declare wherein they have been miinteqreled or m snpplied, every le Eislnlor undertakes by hi oath, to make auch dec ration, whenever be believes that the Cisnatitutinci haa been materially violated by an Executive ifll- cer. vnder this high sanction, aa well as patri. otic sense of duty, was lhe Resolution of Ihe Sen. ste pasand, and tlte vote of Mr. Maiigum given. Tel, we are about to command him, to aver lhBt ibis Reaululi.Ni ia out merely untrue, but unworthy to remain among the records of tha things that once were done. Really, air, it would seem to ns equally proper to direel b7iuio volTr a resolution , asserting that none such aa this obnoktoue one, of , tha last session, ever bad pasaed. Thai would re . quire bim expressly to toll a Cilachnod. T1iis, re- -ettlrea bitn loMptrea Ihe truth Thai would ak i hitp lo declare the nou-x iateuca .of a lact, whicb- rjghU of. the State are surely m as Tittle flartger iremtne nwtwscnw at-.i antngton, ttuU all . . . . " .1 ll I S a l.lfB I tl a from the disagrernssnt as from the combination of the departments of tlie Government to sustain, each ,.5!LrM..S'lJ!SnJ!,!. 5J.!?..H,,l'a'ureL0' biale. should be the last body on earth to degrade or re. strain- withi.4muroiier .bounds, the. Senate of tha litnon. ii ia me great paiiaoium ol lite rights ot the States -on that theatre only, do those sovereign communities meet as equal. , Bring this into con tempt or destroy its independence, and vihi rear , - i i . i ii over our neans one consounaieajL'Overnmem, con sisting of a siugla National Assemblyrand an Ex ecutive, chosen alike lijr the wniile peVijile of thii Union, and limited only by the will ol the great majority, The check and balance of Hie system different States obliterated. Does it become us then, even if satisfied .that the Resolution of the Senate was erroneous, by this harsh-denunciation, to make war on the depository of rights so sacred ? Against the present power and patronage of the Executiver4ittaido44Hegislelive-interferenec,tlie Senate cannot stand, unless armed in a righteous cause. YVhv then are we invoked as allies I liut is there no feeling of Carolina pride which would shield our Senator from relsike, even had he ex pressed an erroneous opinion ? What is the offence with which he is here charged f That he has slept upon 'his post ? Oh no i it is that he waa too vigi lamV Possessing something of the spirit of those rncn u who snuflcd the approach of danger r the all the world krtowa to fttatirLTbis commanda bim v-z to destroy the best evidence by which it existence ' is proved. Is it expected or oVisired, that he ahall oliey fliia mandate I . Can be ip it, without 'tliJ lowest humiliation, and infamy J. And can honor from disliomir grow T Can fkme from infamy pro ceed I Can we make disgraceful requisition of him, willnHit disgracing ourselves and the State f BuLlhcse consequence mutb disregarded, and lhe legialative- history of llie'couiitry iiiutilsled,- not because, in the language of the first resolution, we. shall tliereby illumma bis mind "upon anv . great question of national policy" oreoiitirnf and " strengthen him t in time of public emergeticv ' but- because w ptMce tnay be thereby vacati'dv-- IiislruclioiBj, it would seem, should relate to a future imtltirfTiprin"great question of natiororl nolicyj -These however pertain to the past, and if implicitly " obeyed-eau uly-Cbiify the Journal uf lhe lad tea. ion of Ciaigress. Sir, the J.sjrnal of a Legialaliva nernhly is ita autobiography- ts lilt wiilteo byltaelf."" Whefhcr well or ifl,that Vhicb Tnntrr really done should be truly noted; --If ll.e act which it records be" wise and juat and bciu-f.cial in its couacqueucca, ill "i hictnorLl t() the hriu and 7- -wisdom of its authors; if otherwise, it confers on -them aa immortality of a dilli-rent kind. If the charge contained in the resolution of tl a Fenale, be untrue and unreserved as regards the Preaident, the imputation w ill culy recoil on themselves, Uih in the estiuiafiou of the prchcnt age and of rxste-rity.- But how futile and ineflectual are I hew te solutions in attaining their appawil ibjectT The ' Jenwahi of tfre freftebabee prniteo er- tributed tn all our public libraiiesaiid btve goi,a forth in Ihe daily and weekly jpapers to the end of nai ny motting i til f-.r."W.. W...... will be destroyed, and this horrible Resolution for R"S5 .'JJJ?? MrMistorj fcf a winglea biirdrw1iicKTaliuhted for its plumage, and when hard" prewed by-the- hersentarrw,ineThijidef'TO"' Ifi head in leaves and vainly suppose that He w hole Itft?tiirea1cd2r3 by these Resolutions, appears to me, sir, lo be founded on a like vain supposition. As well nay we attempt to gather in all the leaves of tha last Autumn, as to destroy the notoriety which that " Resolution has acquired, : - Bul Bgaitn W w baf ifmi&Mi1ftxfw gmg to be given T un,a, rewdution, I presume, . : to be hereafter introduced.;. And will not that ?3dHtioo rUe tho Dtie4a bo its existence as often aa it may be destroyed f Let us see tha practical operation of these instructions. Suppose them to have passed, and Ihnt some "learn- ed Theban" in the. Senate of the United State has introduced 1 resolution "decs ring : flia a Reso, 1 trtiornir the tost sirtfl tn Ibe" ronbw ing to jt, Ac. be expunged from the Journals," (it must be recited to ascertain its indentity) and that this latter resolution haa passed. Tlie Journals of the previous Session are brought in, and that execution may be" thoroughly done upon th pffemling1 menu, script, the Vice-President, by whitening or black ening, annihilates both its body and spirit. This) might be considered aa fc not' "unsubstantial death."-Bot onthenextmqTniny.nhen the Clerk " "4 ar:.

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