Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1834-04-19
PROTEST
PROTEST
of the PRESIDENT, addressed TO The Senate of
the United States.

which, after protracted debate, was. on the
twenty eighth day of March last, modified by
the mover, and passed by the votes OF twenty
six Senators out of forty-six,* who were pre-
sent and voted, in the following words, viz:
" RESOLVED, That the President in the late
Executive proceedings in relation to the pub
I" lie revenue has assumed upon himself autho-
" rity and power not conferred by the constitu-
g ton and laws but in derogatlon OF both"
Having had the honor, through the voluntary
suffrages of the American People, to fill the of
fee of President of the United States during the
period which may be presumed to have been re-
ferred to in this resolution, it is sufficiently evil
dent that the censure it iniicts was intended for
myself Without notice, unheard and untried
THUS find myself charged on the records OF the
Senate and in form hitherto unknown in our
history with the high crime of violating the laws
and constitution of my country.
1t can seldom be necessary for any Depart
ment of the Government when assaled in con-
versation or debate, or by che structures of the
press of popular assemblies, to step out of its
ordinary path for the purpose of indicating its
conduct, or of pointing out any irregularity or
injustice in the manner of the attack. But when
the chief Executive Magistrate is by one of the
most important branches of the Government; in
its official capacity, in a public manner, and by
its recorded Sentence,-but without precedent.
competent authority, or just Cause,-deciared
it is due to his station, to public opinion, and to
proper selfrespect that the officer thus de-
nounced should promptly expose the wrong
which has been DONE
In the present case, moreover there is even
stronger necessity for such a vindication. By
an express provision of the constitution, before
the President of the United States can enter on
the execution of his Office he is required to
take an OATH or affirmation, in the following
words:
6 l do solemnly swear Cor affirm) that will
" faithfully execute the Office of President of the
United States; and will, to the best Off my abb
=" lily, preserve protect, and defend, the constl-
tuition of the United States"
The duty ofdefending, so far as in him lies,
the integrity of the constitution, would indeed
have resulted from the very nature of his office;
but by thus expressing it in the official oath or
affirmation, which, in this respect, differs from
that of every other functionary the founders of
our Republic have attested their sense of its I'M
portance, and have given to it peculiar soem-
nifty and force. Bound to the performance of
this duty by the oath have taken, by the strong
est obligations of gratitude to the American
People, and by the ties which unite my every
earthly interest with the welfare and glory of
my country; and perfectly convinced that the
discussion and passage of the aforementioned
resolution were not only unauthorized by the
constitution, but in many respects repugnant to
its provisions and subversive of the rights secur-
ed bv it to other coordinate departments, /
deem it an imperative duty to maintain the SUI
premacy of that sacred instrument, and the inn
munities of the department intrusted to my care,
by all means consistent with my own lawful
powers, with the rights of others, and with the
genius of our civil institutions. Tothis end
have caused this, my solemn protest against the
aforesaid proceedings, to be placed on the files
of the Executive Department, and to be trans
mitted to the Senate
1t is alike due to the subject the Senate, and
the People, that the views which have taken of
the proceedings referred 10, and which compel
me TO regard them in the light that has been
mentioned, should be exhibited at length, and
with the freedom and hrmneSs which are requr-
ed by an occasion so unprecedented and pecu-
liar.
Under the constitution of the United States,
the powers and functions Of the various depart
ments of the Federal Government, and their re-
sponsbities for violation neglect of duty,
are clearly defined or result by necessary infe-
renee. The Legislative power, subject to the
qualified negative of the President is vested in
the Congress of the United States composed of
the Senate and House of Representatives. The
Executive power is vested exclusively in the
President, except that in the conclusion of
treaties and in certain appointments to of
fee, he is to act with the advice and con
sent of the Senate. The Judicial power is vest
of the United States eXceptin cases ofimpeach-
ments, for which purpose the accusatory power
is vested in the House of Representatives, and
that of hearing and determining, in the Senate.
But although for the special purposes which have
been mentioned, there is an occasional inter-
mixture of the powers of the different depart
ments, yet with these exceptions, each of the
three great departments is independent of the
Others in its sphere of action; and when it de-
viates from that sphere, is not responsible to
the others, further than it is expressly made so
in the constitution. In every other respect each
of them is the coequal of the other two and all
are the servants of the American People, with
out power or right to control or censure each
other in the service of their common superior,
save only in the manner and to the degree
which that superior has prescribed.
The responsibilities of the President are nu-
merous and weighty. He is liable to impeach-
ment for high crimes and misdemeanors, and,
on due conviction, to removal from Office and
perpetual disqualification; and Notwithstanding
such conviction, he may also be indicted and
punished according to law. He is also liable to
the private action of any party who may have
been injured by his illegal mandates or instruc-
TONS in the same manner and to the same ex-