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

350 ABRIDGMENT OF THE SENATE.] President's Protest. [MAY, 1834. of the President and the two Houses, in their WEDNESDA, May. intercourse with the Executive and with each other? A bill is sent to the President. He re- President's Protest. turns it with his veto-examining freely the On motion of Mr. FRELINGHUYSEN, the Senate powers of Congress, and placing his refusal to proceeded to the consideration of the resolupass the bill on the ground of want of constitu- tions of Mr. POINDEXTER, as modified by Mr. tional power in the Federal Government to leg- CLAY and Mr. CALHOUN. islate on the subject of it-speaks freely or harshly of usurpations of powers-and can we [Mfr. Webster delivered an extended argument or the House of Representatives refuse to re- in favor of adopting the four resolutions, which arceive it? What becomes of the bill? It is a gument necessarily covered ground previously trod law, if not returned to the House where it orig- by himself and others, and concluded with a recapit. inates, in ten days. The message and returned nates, in ten days. The message and returned ulation of the heads and substance of his speech bill are not on file or on the Journals of either House; no record of the veto, where alone it which presented the whole in a condensed, pointed, can or ought to be looked for, is on the Jour- and impressive manner. The following was his renals of the House where the bill originated. capitulation:] I will now, sir, ask leave to recapitulate the TUESDAY, May 6. general doctrines of this protest, and to present them together. They are: Vote on the Question of Receiving the President's That neither branch of the Legislature can Protest. take up, or consider, for the purpose of censure, The question was taken on the first resolution, any official act of the President, without a view and decided in the affirmative, as follows: to legislation or impeachment; That not only the passage, but the discussion YEAS.Messrs. Bell, Bibb, Black, Calhoun, Clay, of the resolution of the Senate of the 28th of Clayton, Ewing, Frelinghuysen, Kent, Knight, March, was unauthorized by the constitution Leigh, Naudain, Poindexter, Porter, Prentiss, Pres- and repugnaut to its provisions; ton, Robbins, Silsbee, Smith, Sprague, Swift, Tom- to liuson, Tyler, Waggaman, Webster-25. That the custody of the public treasury alNAYs.-Messrs. Benton, Brown, Forsyth, Grund, ways must be intrusted to the Executive; that Hendricks, Hill, Kane, King of Alabama, King of Congress cannot take it out of his hands, nor Georgia, Linn, McKean, Shepley, Tallmadge, Tipton, place it anywhere, except with such superinWhite, Wilkins, Wright-17. tendents and keepers as are appointed by him, responsible to himn, and removable at his will; The question was then taken on the second m.. E That the whole Executive power is in the resolution of Mr. CALHOUIN, and decided in the President, and that, therefore, the duty of denegative, as follows: fending the integrity of the constitution results YEAS.-Messrs. Calhoun, Clayton, Ewing, Leigh, to him from the very nature of his office; and Naudain, Poindexter, Robbins-7. that the founders of our republic have attested NAYS.-Messrs. Bell, Benton, Black, Brown, Clay, their sense of the importance of this duty, and, Forsyth, Frelinglhuysen, Hendricks, Hill, Kane, Kent, by expressing it in his official oath, have given King of Alabama, King of Georgia, Linn, Moore, to it peculiar solemnity and force; Porter, Prentiss, Preston, Shepley, Silsbee, Smith, That as he is to take care that the laws be Swift, Sprague, Tallmadge, Tipton, Tomlinson, faithfully executed, he is thereby made responTyler, Webster, White, Wilkins, Wright-34. Tyler, Webster, White, Wilkins, Wright-34. sible for the entire action of the Executive deMr. FORSYTH then moved his amendment, and partment, with power of appointing, overseeasked for the yeas and nays on the question- ing, and controlling those who execute the which were ordered. laws; Mr. F. said that, considering this document That the power of removal from office, like was entirely defensive in its character, he that of appointment, is an original Executive thought it proper to send it to the Legislatures power, and is left in his hands, unchecked by of the States, and his object was to give the the constitution, except in the case of judges; opportunity. that, being responsible for the exercise of the The question was taken on the amendment whole Executive power, he has a right to emof Mr. FORSYTH, and decided in the negative, as ploy agents of his own choice, to assist him in follows: the performance of his duties, and to discharge YEAS.-Messrs. Benton, Brown, Forsth, Grundy, them when he is no longer willing to be responHendricks, Hill, Kane, King of Alabama, King of sible for their acts; Georgia, Linn, McKean, Shepley, Tallmadge, Tipton, That the secretaries are his secretaries, and White, Wilkins, Wright-17. all persons appointed to offices created by law, NAYS. —Messrs. Bell, Bibb, Black, Calhoun, Clay, except the judges, his agents, responsible to Clayton, Ewing, Frelinghuysen, Kent, Knight, him, and removable at his pleasure; Leigh, Moore, Naudain, Poindexter, Porter, Pren- And, finally, that he is the direct representatiss, Preston, Robbins, Silsbee, Smith, Sprague, tive of the American people. Swift, Tomlinson, Tyler, Webster-25. These, sir, are some of the leading proposi

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Title: Abridgment of the Debates of Congress, from 1789 to 1856.
Author: United States. Congress.
Canvas: Page 350
Publication: New York, [etc.]: D. Appleton and company [etc.]; 1857-61.
Subject terms: United States -- Politics and government

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

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