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

DEBATES OF CONGRESS. 3829 APRIL, 1834.] President's Protest. [SENATE. flattery, must be to himself a copious source of Senator from Kentucky, (Mr. BIBE.) That error as well as of bitterness and of evil to his question is, Shall the paper be rejected? country. The Supreme Court of the United Before we give an affirmative answer, it States has been often charged with giving judg- would be well to consider that the President of ments contrary to the constitution; the Presi- the United States represents an authority, under dent himself has made such charges against that the constitution, conferred upon him by twelve court. Congress has been, over and over again, millions of people-that they have lodged in his charged with passing laws not warranted by the hands the Executive power of this Government constitution; and the President has repeatedly -that it is the duty of the incumbent to guard alleged this against the legislature. Congress has that power from violation, that it may neither been charged with passing, and the President be diminished nor carried too far-that it is as with approving, unconstitutional acts; and, if I much his right and his duty to guard that am rightfully informed, the President has alleged power, as it is the right and duty of any other this in respect of acts, or parts of acts, which department of the Government to guard its he himself has approved. In debate here, gen- rights and powers from violation. When questlemen are daily contending that the opinions tions of difference with regard to power arise and votes of each other are contrary to the con- between the co-ordinate branches, of a nature stitution. Who ever thought that such allega- not judicial, there is but one tribunal to appeal tions implied a charge of crime —of a wilful vio- to, and that tribunal is the people-the fountain lation of the constitution? It is only, when and parent of all the powers of the Government; such an allegation is brought by the Senate It is the duty of the conflicting parties to preagainst the President-by this Senate against sent the matter of difference fairly, in a spirit this President-that the Senate must necessa- of candor, that the points may be clearly prerily intend to arraign him, without any impeach- sented, and fully understood. Remember that ment from the other House, and to try and con- our duty requires us to conceal nothing from vict him without a hearing. And this is the the great arbiter; that we have no right to daring violation of the constitution for which treat him with contempt. the President appeals to the American people The reasons, then, for rejecting this paper, against the Senate! or refusing to receive it, must be overwhelming, to justify us in taking the course proposed, TiiuRSDAY, April 24. lest we subject ourselves to the charge of treating twelve millions of people, in the person of Presi~dent's Protest. their President, contemptuously, and their unThe Senate proceeded to the consideration doubted power with scorn. of the special order, being the resolutions offer- Will the Senate act courteously, or consult its ed by Mr. POINDEXTER, as modified by Mr. CLAY. self-respect, to read this protest, dissect it, conThe question being on the amendment pro- demn it, answer it by speeches, and then solposed by Mr. BIBB — enmnly vote not to receive it? Would it be Mr. KANE said: Mr. President, I am amongst honorable in private life for a gentleman to those who believe that this session has been receive a communication from an individual, already sufficiently extended; and that the time open it, read it, answer it, abuse it, and confor action upon the necessary business of the demn it by oral declarations, and then refuse country has arrived. My sentiments upon the to receive it? Let me now ask for the reasons present subject will be therefore delivered as which will govern the votes of those who will briefly as possible. The proposition first made, not consent to receive this paper. in haste and without due consideration, not to Is its language disrespectful, is it indecent, is receive the communication of the President, it insulting in its terms or its import? None has, in some measure, given way to more saga- of these things are pretended. Had the Presicious counsels; more sagacious, because formed dent no right to send it? If it be his duty to upon more reflection. Gentlemen in the oppo- defend the powers of the Executive Departsition have trodden back their steps, and have ment of the Government, his right is unquestionconsented to present their reasons upon record, able. If he believed that the resolution of the in the shape of the resolutions now before you. Senate, in violation of the constitution, invaded It will not surprise me if our further progress the " Executive power," there was no course should lead to further recessions. I take no left him to pursue, than to protest against it. pleasure in retorting upon Senators who have He could not counteract the resolutions in charged retraction of opinions upon the Presi- any other way. If he submitted in silence, he dent, because of his supplemental explanations, would have acquiesced in what he believed an the fact that their propositions have been thrice unauthorized interference with the rights of a altered, and that down to this moment they branch of the Government confided to him by have not agreed upon the course to be pursued. the constitution, and he would have been justly Notwithstanding, lir. President, the matters condemned by the people for his acquiescence. of grave import contained in the several resolu- He would have surrendered the Executive office tions submitted by the Senator from Mississippi, to a successor, impaired, so far as his silence the first question presented for decision will be against his duty could accomplish such an end. upon the amendment offered by the honorable He had precedent for his course in the recorded

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Title: Abridgment of the Debates of Congress, from 1789 to 1856.
Author: United States. Congress.
Canvas: Page 329
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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