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

340 ABRIDGMENT OF THE SENATE.] President's Protest. [MAY, 1834. Bank of the United States to the State banks the Senate alone, simply remonstrating against "unsatisfactory and insufficient," in the judg- a proceeding of that body condemning the ment of the Senate. The latter resolution official conduct of the President, and pronouncmight lead to legislation, and perhaps was cal- ing him guilty of an impeachable offence. Mr. culated to do so; for, if the reasons for the W. said he did not know that his views upon change of the deposits were considered unsatis- this point were correct, but he considered the factory, the Senate might consider it proper to right of the President to make this communioriginate a law or joint resolution directing cation the same which every citizen of the their restoration. This would be within the United States possessed by the constitution to conceded jurisdiction of the Senate; and he address either or both Houses of Congress in a had not heard that either the President or any respectful manner, upon any subject in which one else, denied the power of the Senate to his individual or official rights and interests take that course, or the propriety of its doing are involved. What, said Mr. W., is the charso. The protest surely contained no such acter of the communication before us? It denial, nor did it contain any reference what- states that a proceeding of the Senate has inever to this last-mentioned resolution. Its fringed upon the constitutional rights of the complaints were all directed to the first; to Executive branch of the Government; that we that resolution which pronounced the President have pronounced the President, as such, guilty guilty of unconstitutional and illegal acts, with- of an impeachable offence, and have thus visout any reference to legislation. The paper ited upon his character and fame the moral left no room for misconception or mistake upon effects, so far as our pronunciation may have this point, for it recited at length the resolution weight, of a conviction for a high crime, alto which alone it referred. He must, therefore, though the legal consequences of a regular seninsist that this point should be clearly under- tence, after a trial upon an impeachment, do stood hereafter; and that the President's com- not follow. Hence he feels himself aggrieved, munication should not be either condemned or both personally and officially, and he sends to pronounced erroneous or false, for complaining us his remonstrance and protest against the of an act of the Senate, to which it did not con- injury. This is the paper, conceded on all hands tain the most remote reference. The resolu- to be respectful in its language and manner, and tions were entirely independent of each other, addressed to the justice of the body which has and contained expressions of opinion upon inflicted the injury. That any private citizen, separate and entirely independent subjects; who might feel himself aggrieved by the action and the President had onlly complained of that of the Senate, would possess the right thus to one which criminated him. Of that which remonstrate, will not be denied; and has the simply pronounced upon the reasons of the President lost that right because he happens to Secretary, he had said nothing. hold the first office in the gift of the people? The points presented for the decision of the Is the possession of a public office to deprive Senate, as the subject presented itself to his the citizen of his constitutional right to protect mind, Mr. W. said, were three: his public and private character, or even of 1st. Had the President a right to send the the humble right of complaint, when he shall protest to the Senate? consider his character and acts unjustly as2d. Is it the duty of the Senate to receive it? sailed? He, Mr. W., did not understand that 3d. Is it the duty of the Senate to enter it any such limitation to the right of petition or upon its Journal? remonstrance had been prescribed by the conMr. W. said, in the course of the debate stitution; he had not been able to find any such frequent reference had been made to the duty disability annexed to the possession of an honof the President, found in the constitution in the orable and responsible office, and he called upon following words: honorable Senators to pause and reflect before " He shall, from time to time, give to the Con- they attempted, by their action in this instance, gress information of the state of the Union, and to establish a rule which might not only bind recommend to their consideration such measures as themselves, but take from them one of their he shall judge necessary and expedient." most dear and invaluable rights. This was his view of the right of the President to send this And the question had been confidently asked, paper to the Senate and he could not but consider and more confidently repeated, Where is the it as clear and indisputable, as the right of any authority in this provision of the constitution citizen of the country to petition the Senate for the President to send to the Senate a paper for any purpose whatsoever. of this character? He did not consider the Is it then the duty of the Senate to receive communication now under discussion as having the paper? His answer to this question was, any relation whatever to the clause of the con- that the duty of the Senate, as to the receipt of stitution he had just read. It was not, in any this paper, is the same with its duty as to the sense, a communication giving "information receipt of any petition or remonstrance, reof the state of the Union, nor did it recom- spectful in its language and manner, and admend any measure to the consideration of Con- dressed to the body. He could see no possible gress, nor was it a communication to Congress distinction, and surely if he had succeeded in of any description. It was a communication to I establishing the right of the President to send

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Title: Abridgment of the Debates of Congress, from 1789 to 1856.
Author: United States. Congress.
Canvas: Page 340
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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