Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1834-04-22
Ue.ines.iaY, APrl 10.

Sc If Al.
Kent, adjourned. - '''
The Senate hen, preceded by the and
headed 10y the Vice President ed proc ssion , the
Tall Of Representatives attend the Funeral Oh.sn;s ~
,he honorable lAtcion Purcell Dennis late Renresen
'a''e la No,eress from the State Of Marylsna
r HOUSE OF REPRESENTATIVES,
me rouse met pursuant to adournment Tor the pur.
pose oil attending the Funeral Obseouies of The Hon lit
e on r1rneH Dennis, late Representative in Congress
Thursday. .6prl II.
IN SENATE.
several messages were received from the President Of
"e United States, by Mr.. Donelson, his Pvae Secte,,ty
among them the following '''
PROTEST:
10 me Senate of the Unitcd States.
i, appears by the published journal of the Senate ,,
On 'ne <oh December last resolution was oiIer.J bw n
oer OF The Senate, which, after protracied debate
vi inc tweny-eighih day OF Marc. last ,no,lfrd bv
e mover and passed by the twenty-six Senators
; 'or'y,six' who were present aud voted in the fol-
iowing words, viz - " VIC IVA
Resoiced, That the President in the late Executive
. proceedings IN relation 10 the public revenue has as
. bv 'h Upon himself authority and power conferred
'ne institution aud Laws, but ia tieos of
n'Vhg had the honor, through the voluntary sufraass
~ we american People 10 iii the Office o. presideu, NJ
e oniIea States during tue period which may be pre
r"he" 10 nave been referred 10 in this resoo, ;s 81
e'eiy evident that the censure il incts was intended
tor myself Wuhou, notice, unheared and unrisd ,bns
ma myself charged the records of the Sena, and in
FORM hitherto unknown in history with tho bi,h crna
" k'oianng me Laws and constitution of my Couary
" seiio"' DO necessary Tor any Department of the
government, when assa,iea IN couyersa,io. or db,,. ~
Wy VIC structures oil The press OF popular assenbes in
lic. linpit
H. $3.50, " ~ Pohius oa' any riesulary Injustice in
.,e manner oil The attack Bat when the chat Ex..,n
IN. Coy oy one OF Tie most important branches OF
VIC "o'e,hinent, To IT'S official capacity, i'm nubic man
ner and by lis recorded sentence blu, without ,satn
he'll 81 "uo'y' or just cause, declared rsuily OF \
ue"ca o hc Laws aud Constitution il n due t lii .,,,;o,
10 public opinion, aud TO proper self re.nec ,' T
hit mus denounced should promptly expose The wrong
which has been done. ~ 's
In the present case moreover fhero =. o,
s,,y 10, such vindca.ion. BY an exprass nroyi
f." St. 0o"su.u,on before the President of the Uni.
IN
required TO taxa oath or affirmation in the L,o~in
wods: W "c io"O"ihs
. 90 sosmn'y swear Cor aairm) that will faithfully
., III he once oil President OK the United States and
10 me oes OF my ability, preserve protect and de-
irnu' me Constitution OF the United States,
"e uuy OF defending, so far in him lies IN. ;p,ea
10y VI me constitution, would indeed have resulted from
ne very nature OF his office; but by thus expressinq il in
he ohlciai oath or affirmation, which in Ills resner,
DIFFERS from that OF every other lnc,nn,rv ,h p,
OF our Republic have attested heir sense Of lie nnot
r., "'lu nave gwen to peculiar solemniy and force
pund 10 the Performance OF this duty by the oath b,ve
taken, by The strongest obligations of graiv,ie IN ,h
Anerle]n People aud by the ties which unite NV every
interest WIN The welfare and glory of my coun,,v
ana perfectly convinced that the disc,ssion and ,assa -
me aforementioned resolution were 10, only u,s,,I
' nut IN many respects repugnant to lis
provisions ana subversive Of the rights sec,reJ hv 70
o'her coordinate departments deem il AN i,,,or,,;
nJ w., "'An me supremacy Of that instrument
""u we 'nhumhes eli the department ntrused 10 r,y
care, ny all means consistent with INV own Iaf,i !
~ 'e rights OF others, and with the genius of our cv;
institutions. To this end, have caused This NV ea,
'es' me aforesaid proceedings, to be uaced ON
me MES OF The Executive Department. and to be trans
miited 10 the Senate. " ~
Ii is alike due to the subject Tho Sa,at. A., n,
PIE mat the views which have taken OF the proceedings
referred TO- aud which compel regard them in the
mas oesn mentioned, should exhibited a, length
~ WIN 'ne freedom and iirinness which required hy
an OCCASION so unprecedented and peculiar
Under the Constitution OF the United Sa,es tc nowsr
an" functions oil the various departments of the Federal
Government, and their responsibilities for vic, alton or no
g'ee. OF du'y are clearly defined by necessary
ihicrencc. The Legislative power subject IN tho c;E
ed negative OF the President vested in the
ine United States composed of the Senate and House IF
nspreseha"Ves' Inc Executive power is vested exclu
sey III 'he Fresuent, except Chat ia the conclusion of
treaties and in certain appointments 10 ogre no 10 10 ~
WIN he ADVICE and consent OF the Senate The judicial
FoMer - vested exclusively in the Supreme and other
Courts OF the United States, except in cases of inoaI
nen for which purpose the accusaory pow vested in
,ii ~ ~ m,ep'sseh'a"ves, and that OF hearing
.er''ihg 10 ne Senate But although for the soeciM
purposes which have been mentioned there s AN occs
siona iDermxure OF the lowers Of the different denart
ehts YET WIN these exceptions each of The ,re ro.,
departments is independent OF the others in s snLor c
ac'ion and when deyaes from that sphere is moi renon
s W me o!efs' further than ii is expressly made so in
io E"S"usou' III every otherrespect each of them
me equal OF the other lwo and all are the servants n
we american People, without power or right TO control or
o'hcr IN HE service of their common suoer.
superior has prescribed e' ''''e" "'
he responsibilities OF the President are numerous and
wo,5fy hei' liable TO impeachment tor high crimes
ana nlsdsneanors and. due couyicton H., ,.moy, II
nom ONCE, and perpetual disqualification; and nowib
standing such conyic'ion he may be indicted and num-
ished according TO law He il also liable 10 he nriv,e
acnon OF any party who may have been Injured bv Lis
ega mandates or Instructions ia the same manner and
10 he same extent as the humbest functopsrv In addi
ton 10 the responsibilities which NAV thus be cnfocsd h
imPeachnent criminal Prosecution al law ne Ia al.
accouhtaOe AZ the bar OF public opinion for every Art
OF his administration. Subject only 10 the restraint. IF
Truth aud Justice the free People of The limited SIT.
nave The undoubed right individuals or colecGveiv
orally or IN writing, atsuch times, and in such longnaSe
AMI form as they may think proper To discuss hs oc,s
cOhuuct ana 10 express and promulgete their opnoos
concerning IT, Indirectly, a'so his conduct mat coma
under review in either branch oi the LegisIaure n, in
the senate when acting lis Executive cspacv and an
ar We executive or legislative procee dinga of these
o0nles may require IT. II may be examined by them
nese are 3eeyed TO be the proper aid eny modes in
which the President Of the United States ia To he heJ .
countable for his official conduct "
Tested by these principles The resolution of .e s,,.
Is wholly unauthorized by the Constitution and in drro
CATION OF s entire spirit IL assumes hat single branch
"i me Legislative Department, may for the purpose, of
Pabc censre, and without view 10 eOisIaioo mr.
peachnsnt take up and consider and decide npon the M
hcal acts OF the Executive. But in no part OF the Con
smulon IS the President subjected TO any such requons
MN no part oil that instrument is any such power
Con.sIro h on either branch OF the Legislature.
Ju'uce OF these conclusions will lie illustrated and
conHT"ea oy bnel analysis Of The powers of the So.
those powers b' VII"
Ihe high functions assigned by the Constitution IN ,o
Dond'e' are w WeF nature either Legi.ladve Executive
or Judicidi II is ouly IN the exercise nj IL, Iiist M
ers when sitting Court Tor the trial NJ
that the Senate Is expressly authorized and nrressa,o
CURED to consider aud decide upon the conduct ~ H.
president or any other public officer. fndfsctiv bo.a
Ve IS mas already been suggested may frea1en1v he
called on to perform that Office Cases may orcn, l., IL
I.ggf al aftUaor H.