Abridgment of the Debates of Congress, from 1789 to 1856.

328 ABRIDGMENT OF THE SENATE.] President's Protest. [APRIL, 1834. success against the whole constitution. I do tional and illegal power, for that phrase would not say, because I do not suspect, that he is now have imported design and wilfulness; it is not looking to this ulterior conquest, but that, at said that he has wilfully assumed, but, only, present, he is aiming at conquest over the Sen- that he has assumed, namely, taken upon himate; and if the people shall sustain him in this self, such power; it is not said that he has done appeal against us, he will have it in his power this in violation, in defiance, or in contempt of to achieve this conquest over us, to the utmost the constitution and laws, but in derogation extent of his wishes. I have not the least con- from them-that is, that his measures tended fidence in his moderation or clemency after vic- to impair them, or to prevent or weaken their tory. operation. There is not a word in the resoluAn appeal of the President to the American tion that implies a criminal intent, nor was it people against the Senate, with a view to ac- intended to impute one. But the President complish, or even to suggest a change, formal reads this resolution as if it charged him with or informal, in the constitution of the latter, having criminally usurped power, in wilful viothrough the direct intervention of the people, lation of the constitution and laws. Behold is, in its very nature, of a revolutionary tendency. how he justifies the interpretation of it? He In representative republics like ours, when once says, " That the language of the resolution does the Government is established, the people al- not expressly allege that the assumption of ways act through their agents-their constitut- power and authority which it condemns was ined authorities; they never resume the original tentional and corrupt, is no answer to the prepowers inherent in them, but for the purpose ceding view of its character and effect. The of altering or abolishing their ancient forms, act thus condemned, necessarily implies volition and establishing new; and whenever one de- and design in the individual to whom it is imnpartment of the Government appeals directly puted, and, being unlawful in its character, the to the people against another, and invokes their legal conclusion is, that it was prompted by iminterposition, it expects the people no longer to proper motives, and committed with an unlawact through their constituted authorities, but ful intent. The charge is not of a mistake in to act against them-to supersede, to abolish, or the exercise of supposed powers, but of the asat least to alter them. The House of Represent- sumption of powers not conferred by the conatives and the Senate are co-ordinate branches of stitution and laws, but in derogation of both; the Federal legislature. The Executive is not and nothing is suggested to excuse or palliate exactly a co-ordinate department of the Govern- the turpitude of the act. In the absence of any ment. Until the President developed the facul- such excuse or palliation, there is only room ties of the Executive power, all men thought it for one inference, and that is, that the intent inferior to the legislative-he manifestly thinks was unlawful and corrupt. Besides. the resoluit superior, and in his hands the monarchial part tion not only contains no mitigating suggestion, of the Government (for the Executive is mon- but on the contrary it holds up the act comarchial, though it be elective for a term of plained of, as justly obnoxious to censure and years, by which it was hoped-I now fear, reprobation, and thus as distinctly stamps it vainly hoped - to obviate mischief from its with impurity of motive, as if the strongest power) has proved far stronger than the repre- epithets had been used." Now, I have always sentatives of the people, stronger than the rep- understood, and I should have supposed that resentatives of the States, stronger than both the President, who has been a judge, would combined; and if success shall still attend his have known, that the allegation of a criminal inordinate pretensions, he will soon tame them intent is of the essence of every criminal accuto absolute submission. He has proclaimed to sation; and I apprehend that it never before the world, that neither " the voice of the legis- was imagined that the omission to allege crimlature, nor the will of the people," shall induce inal intent was supplied by an omission of any him to change his course of measures. Ile has circumstances of excuse or justification that no respect for the opinion of the people, when might lead to acquittal. Neither is there but one that opinion is against himn; he only appeals to supposition on which the reasoning of the Presithe people when he wants their aid to subdue dent can hold good; and that is, that he is so the Senate. The repiublic is in danger. profoundly versed in the constitution and laws, I have said that the President has raised this and so well known to the whole world, and esquarrel with the Senate without cause or provo- pecially to the Senate, to be an infallible judge cation. IHis pretext for it is one of the resolu- of them, that it is impossible for any one to imtions of this House on the subject of the depos- pute a departure from them by him, to mistake its, which is in these words: " Resolved, That or error of judgment; and, therefore, the Senate the President of the United States, in the late must have intended to charge his aberrations to Executive proceedings in relation to the public a wilful criminal design to violate the constiturevenue, has assumed upon himself authority tion and the laws, which it is his duty to oband power not conferred by the constitution serve and maintain. Surely, sir, this man is and laws, but in derogation of both." The lan- possessed with a degree ofpresumption that never guage of the resolution was carefully selected, mortal man beside was cursed withal! a prein order to avoid the imputation of crime; it is sumption which, whether it proceeds from native not affirmed that he has usurped unconstitu- vanity, or the favors of fortune, or the poison of

Pages

About this Item

Title: Abridgment of the Debates of Congress, from 1789 to 1856.
Author: United States. Congress.
Canvas: Page 328
Publication: New York, [etc.]: D. Appleton and company [etc.]; 1857-61.
Subject terms: United States -- Politics and government

Technical Details

Collection: Making of America Books
Link to this Item: https://name.umdl.umich.edu/ahj4053.0012.001
Link to this scan: https://quod.lib.umich.edu/m/moa/ahj4053.0012.001/330

Rights and Permissions

These pages may be freely searched and displayed. Permission must be received for subsequent distribution in print or electronically. Please go to http://www.umdl.umich.edu/ for more information.

IIIF

Manifest: https://quod.lib.umich.edu/cgi/t/text/api/manifest/moa:ahj4053.0012.001

Cite this Item

Full citation: "Abridgment of the Debates of Congress, from 1789 to 1856." In the digital collection Making of America Books. https://name.umdl.umich.edu/ahj4053.0012.001. University of Michigan Library Digital Collections. Accessed June 12, 2025.

Abridgment of the Debates of Congress, from 1789 to 1856.

Annotations Tools

Actions

About this Item

Technical Details

Rights and Permissions

Related Links

IIIF

Cite this Item