Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1834-04-22
EsichlnOnd. 'Eucsday, ApriI 29.
THE PROTEST..

We lay before our readers the very interesting
State Paper which the President of the u. States
has addressed To the Senate. AS almost all our
space is occupied with the Document itself, the Pro-
ceetlings OF Congress, and the Election Returns,
which are now oil the order of The oay, we must
content ourselves with submitting a very rapid
sketch OF tho opinions we have formed of its cha
racter and contents. We leave il to a more fayora-
bic opportunity to fill up this has,y outline.
We are free to confess, that we would rather not
have seen so long and elaborate n pnper emanatipg
Mt this time from the Administration. Able and eo-
quent as it is i'm It's composition il is imnossibjc IN
frame any such document, without throwing into il
much that is debatab!e much that is susceptible of
m'sconception, end more of msre presentation Par
~ ingenuity will pervert of its doctrines Some
weak point might possibly be found in so wide
compass The enemies of the Administration will
attnck even Its strongest positions in order TO make
diversion. A8d let add, that at this time parti-
cuiarly when we have gigantic n monster TO en-
counter as the Bank of the United States-when its
allies are swarnng all around u.s. when ambitious
men are lending all their talents TO increase the nub
lie commoton awaiting themselves of the general
panic to promote their own elevation and iashiur
up the tempest, in order that they may ride in ,l,e
whrlwlnd and direct the storm"-it was peculiarly
desirable for all the friends of the Constitution 10
unite together, to march on shoulder TO shoulder
against the common enemy, instead of debating ab-
sract propositions and answering the general objec-
tons of their opponents.
But the Document has gone forth. Let us then
freely and frankly examine ii.
We make exception TO the Presidents a,ten,,t
to clear him"clf from The charges of the Senate
Ihey have tried and condemned hm-upon gene
raj GROUNDS, without any specification of the facts
and without any hearing. They assume to them.
selves the power of Impeachment, willie il belonrs
to the House of Representatives, and preudpe him
IN the very case, in which they might be called upon
10 appear as the ultimate Judges of his conduct
lhey charge him with assuming power not confer
req by the Constitution and laws, without saving
In ~ 10 hno sOI.t
Constitution he has disturbed!
III be asked, achen ,cas IL kno,cn that President
OF the U. >. had ever before protested against the
acts OF the Senate, it may he answered ,cien ,cus
hto'9n ogore that the Senate has passed so harsh
resolution against the PRESIDENT When ,pos II
k'toion before that the Senate has charged him in
round and general terms with having violated the
Constitution? When was it known before that mar
ty sprl; ran so high, and avarice and ambition so
strongly concentrated their energies increase il?
Wnen Deiore was Senate constituted as this
one! When did il contain SO many political osui-
rans, SO ANXIOUS TO increase the public agitation so
determined TO attack and pull down an Administro.
uon-so reckless IN It's means; so desperate i'm its
Designs: when was the majority of the Senate OF
the u states ever known, to he made up of such ma
terials-so discordant in their general views vet so
united III one common object Of assailing the Exc
cutive! And when was it known that five of the
majority, without whom, in fact, that majority could
not exist at ALL misre presented their constituent,
cohtenneh their positive Instructions, and s,ript
themselves of much OF that dignity which attaches
10 the body; and all of that importance which
they derive, from rejecting The sentiments of the
sovereign Staes which they were constituted TO re-
present. when, IN fact was this body impeetl
10 pass resolution so harsh in its Recommendations. so
accusatory in its character raught with the moral
power OF an impeachment the one which hos
called forth this Protest from the President of tIe
u. States?'* VI ZIG
Their resolution too was not n Joint buta sen,ro,o
one. IL was not sent to the House of Represen,o-
tives; because in the first place, it would lave leen
rejected by that House; and in the I'd place, in case
mey had concurred in il, would necessarily have
been sent, (under the 7h sect LIST arr of ,l Cons,;
tution to the President himself, and thus have or
ven MN direct opportunity of answering tie
charge oil usurpaton which it convened
we confess, therefore, that we are not nj all as,o
n'shed, at the Protest which he has addressed n
them lie has regarded their resolution MS an at
tack upon his constitutional functions, and Inc has
come forward, ~ temperate and respectful terms IN
reply 10 their accusationand to Justify his conduc
Ihey nave attacked him with unprecedented yio-
renee; ana he has come forward to defend himself
IN a calm and dgniied manner After hay;nn
transcribed the spirit of the Constitution: assumed
10 themselves the power of impeachment, and in
filcted part of its punishment upon the charocter
OF The accused, can the Senate complain of the
Protest they have received? If then have violated
the Constitution, has he not right TO protes,3 If
they accused is he not even bo,In,I ~ deGndo Ir
,hey attack coordinate branch of the government
mas II not q right respectfully to repIy?-So far
'iem, all seems to us unquestionably fair and right
The motive of the reply then appears 10 ne ,o mo
perfectly proper. In its manner it is decorous md
respectful. The topics which it selects, too. are
powerfully handled. But there is one passo oc in !,
winch the Opposition have seized upon in the harsh
est manner, and which is entitled to particular no.
.ce. III relates to the custody of tile public money.
NOW, we admit ut once that Congress- has the r;ri,
to place the public funds, not only in whatsoever
places they may please, but in whoseyer bunds
they please. We contend that Z" The custody and
control of the moneys of the United States No,
appropriated by law, are by the Constitutions placed
Under tic order and direction Of the Congress- of the
U. S.-that they rnay entrust its custody TO other
agency than that of the Executive Departmen, ),
and that they may take out Of tue hands of the Ex
ecutive Department" the custody of IT, without an,
assumption of Executive power"
But we can scarcely suppose it possible. that &C.
neral Jackson means TO deny this position In one
part OF this message, we find him admitting that thc
custody OF the public properly is subject 10 " such
regulations rs may be prescribed by legislative au-
MorU-in another part, that " the Legislative 2otc-
er may undoubtedly bind him and the President. Inv
any tdios they may think proper 10 enact; they may
prescribe IN what place particular portions of the
public money shall be kept, and for what reason !,
shall he removed, as they may direct that sppl;es
Tor the army or navy shall be kept in particular
stores, and il will be the duty of the President TO
see that tie law is faithfully executed" We can
not, therefore, suppose, Whatever may be the hasty
pbraseology of other parts Of the Protest that lie in
tended TO claim general control over the public
purse. We must presume, that the passage proDer-
~ and fairly interpreted, was intended TO admit.
without qualification, that Congress have tle right
10 make any laws on the subject, for its security and