Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1834-05-23

DEBATE ON THE PREsi DENTS PROTEST.
SPEECH OF ME. CALHOUN, in the Senate of ne Uni

SPEECH OF Ms. CALHOUN, in The Senate Of The Uni.
. ted States, Nay 9Th. 1884.
Mr. Calhoun aud said: n order to have n cIoa,
conception OF the nature of the controversy In which ~.
senate hnds itself involved with the President will be
necessary 10 pass In review the OF the last few
months, which have led it, however familiar tbev ma
De 10 the members OF this body
neir history may be very briefly given. II il well
70 an that The act Incorporating the Bank of the
Ond States made that institution the fiscal agent of the
Government; dtat, among other provisions il directed
.nat the public money should be deposited in its vaults
ne same act vested the Secretary OF the Treasnrv
e power oil Withholding the Deposi,es and in the
% |lnnoung them required him 10 report his reasons
S"eress- ihe late Secretary, the interference of
'ne PRESIDENT refused TO withhold the Deposies on The
ha satisfactory could be assigned for
'ne aci; Tor which the President removed him and an,
pointed the present incumbent place expressly with
view mat he should perform the his prede cesso had
reused 10 DO He accordingly removed the Deposites
an" reported his reasons 10 Congress- and the whole trans
aenon was thus brought up our approval or disspnro
VAL enirey by the act of the Executive without psriic
patton or agency par; and we were thus PLACED in
siuaon In which compelled 10 expr. IS our an
PROBATION or dsapProbaon of the transaction or 10 sbr;nL
rom me pc Torrance OF an important duty We could
h"t hesitate The subject accordingly taken nm and
ai'er monhs OF deliberations in which the whole ,rsns.c
uon was uly investigated and considered and after The
% al, siues' The friends, as well the opponents
Vi me administration, were fully expressed the Senate
passed resolution disappearing the reasons of the Secre
ay. nut'hey were compelled go farther That re.
souoh covered only part of the Transaction and thai
mol TIE most important The Secretary hui The aan,
OF the President in the Transaction lie had been
e s.uauon he occupied, expressly with view of exc.
cuung The order OF the President who had oneuIv a..
cared 'ha' he assumed The responsibility; and his deea
ration was reiterated here the debate hy those VIII
are known 10 speak his sentiments To omit under these
81 an expression of The opinion Senate
rea ION 10 this transaction, viewed as the act of the
manifest derelc,ion of duty.
win 'hs Impression, the second resolution was adoted
II was drawn up in the gene terms and will grea,
care win the view 10 avoid expression of ounio s
to the motive OF the Executive and TO limit Tie exnres
SION simply TO the fact, that in the part he hal taka In
the transaction, he bad assumed powers nebar c,i
he Laws hu;.,
ooh. 1t Is this resolution, thus reed upon US and bns
cautiously expressed, which has deeply offended the
rresden; winch las called forth his Protest; inbch be
nas TO Judge OF the powers of The Senate 10
assign limits in their exercise TO which hey NAV ami he
ws 'hey snail not go; odeny their right TO pass
Nie resolutions 10 charge them with usurpation and The
violation oil Law and OF the Constitution in atopn m and
may 20 lherpose between The Senate and their oons,
'uenis, and virtually pronounce upon The vaIit, Of h
~ some oil us members, on the ground that thew do
not conform with the will Of their constituents
imsis onei statement OF the controversy which pre
ns Tor inquiry The Question: What is the real nature oC
the issue between the par iesa question of The r,
magnitude, and on the jus, and full co,npensaion Of
which, the wisdom and proprietv of orr co,'a 80, U
ly depend 49, 'S "'"''-
II would be great mistake to suppose that the ,sue
Involves The question: whether Senate had Iieht 10
pass That resoiu,on not? what is the nature and c
racer oil The reson'ion whether be correc, in non,
OF 'ae' or principle or whether expedient TO ssop,
~ 'nese are important questions, but they were inI.
~ anu uehDeIateiy considered, and finally decided
oy Inc Senate III The adoption OF The resolution 6n.IIy
sd iTrevocaby decidedso Ibat they cannon he onened
WI ll0fI Al knl,,
according 10 the rules OF s proceedings much less
on 'he demand OF the President Mo- the o1eson IL ~,
w"cher we had right TO pass the resolution il on
VI very u,"erent Character, and of much greater msgn
,ude' U.s. whether the President has right 10 ans
non our deeiston2 This is tie real question at issue
question which gees in its conse uuepees 10 al ,hs
ers oil The Senate, and which involves in IL. recon, ti
sion INC act whether IL is separate and inIeneu,isnt
ene o. he Governments or mere appendix OF the Exc
cuilye Department. 1.-The President has indeed the ron,
TO question opinionif we are iD fsct scconn,hI ~
hm-ihen all he has done been ighrlulIv done. &
he would have the right send us his Protest. bs I
would nave me right 10 judge Of powers and 10 as
sign imls beyond which should not pass: Ihen he
would nave The rgt 10 deny authority to pass the
resolution, ana 10 accuse OF usurpaion and The
OF law and oil the Constitution in its adopon Rr,ir H.
has not the rieiif we not accountable IN hin, r.
''a me n's uohe has been wrongiuy done, and his
whoie course, from beginning 10 end in relation 10 tbs
ma'er' "o"d be an open and pdlpable violation of lie
constitutional right and privileges OF The Senate
fortunately this very important question which has en-
deliberave body, is susceptible OF the mos, cer,s J
unquesnohaD'e solution Under system, all who ex
eTeise power are bound 10 shew, when questioned bv
what authority it is exercised | deny the rieL of tbs
President TO question the proceedings Of the Senaie-u
teTy deny III and call upon his advocates nd snpno,,
on 'hls hoor 10 exhibit his authority point out tie ar
Gle, the section, and the clause OF the Constitution Ih
contains u; TO show IN word, the cypress grant Of The
power. None other can fulfil the require mcns Of The
Constitution proclaim il truth as an ,tioa
BILE ruth OF The highest import and heretofore NOT snf
c'eny understood, that the President has no right to ex
eTcise any implied or constructive power soeak unon
the authority OF the Constitution itself which bv AN g.
press grant, has vested oil the implied and cons,ructve
powers IN Congress, aud ia Congress alone Hear what
he constitution says; Congress shall have power $40
make all laws which shall be necessary and proper for
rying into execution the going powers uhose granted
10 Congess and all other powers vested bv This Consd
tuion ia the Government OF the United States or in anv
department or officer thereof" " '
Comment Is unnecessary the result isinevitable The
Executive, aud may add Department can exe,rise
any power WifhoW cypress grant Jg The Constitution y
OyduhoTHy ~ fdi0a most noble aud wise provsicn CI
oil TIE most important quences. By IT, ours il made
enPna lc"lly constitutional and legal Government in
stead OF Government controlled by the discretion or ca
price 'hose VINO are appointed TO administer and xcc
its powers BY il, our Government jnsteaI of 80,
oil Three independent separate, conflicting and oss ne
Parmenis, has all lie powers blended harnoniousv i,
one, without the danger of conflict and yyho,
'he separate ana independent existence the paris III
US pause Tor moment 10 cOnteDpia this aJnrabe o
vision, and the simple but efficient contriyancs nv ;I
these happy results are secured - '
u has been oiien said that this provision Of the C;
tuilon was unnecessary; HAT il grew out Of abnnJy,,
caution 70 remove The possibility Of doubi as 10 The ex
isence OF implied constructive powers. and tst a.,
would have existed without IT, and 10 tic lI ex,, ~
lhey no" DO They who consider this provision I'm iii.
hght az mere suTplusage do great Injustice 10 the wis
dom OF those who formed The Cons tuition / sl,ll ,ct
oeny tha implied or constructive powers would have ex
isied and TO The lull extent ldi they nosy do V,itl,
this provision; but had IL been omitted n os inrt,.,
question would have been lel open 10 contfoversv ~
Hhere would iheY resided 10 each department. Worlt
each have had tho hight 10 interpret it, own power aud
TO assume, on IFS own will and responsibility sl e pow
necessary 10 cary in.o effect those otssd Il, !,
the Constitution? What would have bern 0s .
queuee! Who can doubt that state OF perpetual srJ
dangerous conflict he the departments Womb no M
necessary, the inevitable result and that The sironye
would ultimately absorb all the powers Of the Other de-
P9r'mght% weed designate which - that strongest
Need prove that The Executive The armed interSfct
er, said on another occasion vested yi,b tbo -.