Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1834-05-06
VOL. XXX.---N0. II1.

oeicSa'eu 10 1t, has created and wasted in him by law; but
Wherever me Legislature has authority 10 crea ate powers
oil any Kind by law, it may provide by law the officer who
Is 10 execute them, and regulate the office. There may
be exceptions 10 this priDcipie-such, for example, as grow
out OF The Presidents constitutional power as Commander
in Cbief Of the land aud naval forces which the Legisla-
ture may raise-but Ibis is The genera al princi,le, appiica-
Bile particularly 10 the Administration OF ciM affairs.
The grounds on which the President has thought proper
to make this appeal TO the American People against the
Senate, the motive and The design with which il was made,
the reAsonableness OF his expectations that the People
will sustain him in it, aud the probable consequences.
u ohey shall sustain him, are considerations that address
themselves 10 every man IN the community as much as
the members OF the Senate. Butt it behoves us, especially,
as members Of til sbody, 10 inquire by what right the Presi-
dent has sent this Protest TO the Senate, and with what
color OF reason he asks us TO register IL on our journal. His
purpose Is an appeal TO the people, and an appeal TO their
posteiity; and, l presume, he wishes the Senate 10
join IN both appeals. As an appeal 10 posteriy, the
Pro'es, whether, entered on our journal or not, will
probably never be heard Of, unless the people presently
existing shall sustain the President in his pretensions; and
Then, indeed, it Will be recorded by history as another in
stance OF successful audacity in achieving unlimited pow
err, and oil The blind faulty With which men, to accom-
pIl.h party purposes, voluntarily renounce their liberty,
and forfeit The richest blessings of Providence, of which
there are already so many examples in The annels of man
kind. AS on appeal to the people. which they are pre-
sen'ly to decide, the publication of this Protest, against
the proceedings OF the Senate, would be as efiec;aal a
means Of submitting the appeal to the people as the regis
traiion OF il OH the journal OF this House-indeed, the re-
gis,raiion OF 1t OH our journal, would be altogether insult
hrien' Tor mat purpose, ii II were not promulgated
through The public press. Why, then, was this Protest
sent to us! l Can conceive no other purpose, than that
oil denouncing our proceedings TO ourselves; of raising a
OF our folly, or OF alarming our fears, and inducing MS to
retrace our steps. Aud by what right does the Presi-
dent send such a paper 10 US, aud ask us 10 regis
ter it.! The 81 section Of the ri article of the Con-
sttution, is the provision that regulates the commu-
nicdtion. OF the President TO the two Houses of Con-
gress, Il am no; speaking OF his communications TO the Sc
nate, on'what is called executive busiuess) and this Sec
ton only provides, that the President, /" shalt, from time TO
time, give to the Congress information OF the state OF tho
Union, and ecommend to their consideration such mea-
sures as he shall. Judge necessary and expedient." Now,
surely no one can think that this provision authorizes the
President TO communicate to us such a paper as this Pro-
test. Sir, this communication is without precedent, so it
is Is hout color or pre,encc Of constitutional authority a
Protest addressed TO the Senate, against its own proceed.
lngs' containing an appeal to the people, TO be submitted
TO aud determined by the people.
The President refers, in this paper, 10 the PRINCIPLES and
usages oil the British Government. | wish he would be
content with only such powers as are conceded 10 the
King OF Great Britain; for though | should never consent
to allow any such 10 him, IL woulI, oil his part, be a return
tow ards moderation. III the President considers the reso-
luton oi the Senate as an act done, gone by, irrevocabIe,
and on which there Is TO be no further action in the Senate,
| do not see why he may not as well take up the Journal
OF the Senate, Gull out all its errors and all its faults, (of
which, without doubt, he might mud many0 expose them
to the people, denounce the vices inherent N the consitu-
lion OF this body, appeal 10 its conduct as evidence of those
vices, and suggest The corrective that ought TO be applied.
Ii, OH the other hand, the President regards this offensive
resolution as yet irrevocable, as in truth it its-if he sup
poses il may be the ground OF Legislative action, as GER
tainly 1t may be-if he anticipates the proposition, suggest
oil by the gentleman from Missouri, to be repeated ses-
sion alter session ill it shall prevail, to expunge the
resolution from The journal, then is this protest a paIpable
and direct breach OF The rights and privileges of the Sc
nate. The Par iamentary law on this subject is stated
WIN clearness and precision in JeffersoD's Manual, ID. ll6.
"il is highly exPedient, 90 says HaiselI," Tor the due preser-
walton OF the privileges OF the separate branches of the
Legislature, that neither should encrosch Oh the other, nor
interfere III any matter depending before them, so as TO
preclude or even Influence that freedom of debate which
is essen ial 10 a free council. They are, therefore, not to
take notice OF any bills or other matters depending, or of
votes that have been given, or Of speeches that have been
held, by the members OF either OF The other branches of
The Legislature, I'LL The same have been communicated to
them III the usual parliamentary manner" 2 Hats. 252. 4
Inst. 10. Scld. Jud. 53. Thus, the Kings taking notice of
a bill Tor suppressing soldiers, depending before the House;
his proposing a provisional clause for a bill before it was
presented TO him by the two Houses; his expressing dis
pleasure against some persons TOR matters moved in
Pariioment during The debate and preparation Of a
bin, were breaches of privilege. 2 Nelson 7I3. And in
1888, December IL, IL was declared a breach of funda-
mental privileges, &c: TO report any opinion, or pretend
ed opinion, Of The King, on any bin or proceeding de-
pending in either House OF Parliament, with a view 10 in
fuence the vote OF the members. 2 Hats. 25I, g." In
the British Parliament, any member of the House of
Lords has a constitutional right TO enter his protest on the
journals against the proceedings OF the House-there is no
such right OF protest known 10 the Constitution of the
House oil Commons, and no such right of protest has ever
been imagined TO exist, for individual members of either
House OF our Legislature. No right has ever been ac-
knowIedged in a King of Great Britain, TO send TO either
House oil ms Parliament, a protest against any Of its pro-
ceedines, past or pending-l MEANS since the Revolution of
loeSCi wih not look back to the history OF the Stuarts.
very probably, Ind PrecedenlS for his conduct in lie feign
OF Henry Will.
The gentleman from Alabama thinks he has e,,nd a
precedent for This Protest against our proceedings, sent 10
US to be registered on our journal, in a message OF Wash
iDgton TO Ibe Senate, found in he y, volume Sf the Eve.
cudye Journal. p. IA. To every precedent OF General
Wdshington's administration, touching the exercise of Ex-
ecutve power, ! am disposed TO pay the utmost respects;
with this qualifications, however, that due allowances
should be made Tor errors and ire gulanties incident 10 the
brst operations oil a Dew system, which no human wisdom
could have entirely avoided. There never was, there me-
yer viii he, another man, so fit as Warrington for the Of
flee OF President Of the Quilted Sales.--future never was,
there rever will be, another man Of equal wisdom and
virtue, and especially of the virtue OF moderation, vs. no at
the same time has been, or will be placed, by the cir
cumsiances of his previous life and services, in a situa-
ton above the necessity OF using, much more of abus-
ing, his patronage, and above the influence of party
splhi, which might make him The President of a party,
and moi OF the whole Uation-in a position, that gave him
a commanding Influence, sufficient TO enable him TO adj
minister The Government by the force OF wisdom and vir-
tue alone. | religiousy believe, that he was the best, the
wisest, and the greatest man the world ever saw; his vir.
tues alone constituted the highest VISIONS; he had talents
suited TO every station he ever filed; his moral qualities
we're all great talents But what is The precedent which
The gentleman from Alabama quotes /? Gen. Washington
nominated a person as an officer OF the revenue, and tho
Senate refused 10 concur in The nomination he did not
rc-nominatc the same person for the office, like another
President; but, perhaps, IL is not proper that | should pur-
sue tho contrast ~ This pa iicuIar. General w ashington
nominated another person for The office; aud, in The same
message that contained the new nomination, stated the in
formation he had received as 10 the character OF the fret
nominee, as his apology Tor nominating a man for Office,
whom The Senate had deemed unworthy. / pray, gem
tlemen, in the first place, TO consider, that the President,
IN this instance, was communicating with the Senate, on
tie subject of an appointment which appertained TO tho
Senate aud the President jointly, and upon which the Sc
nate might, II IL saw good cause, re. conider its former
place, lei any man contrast the modest languague OF hat
rucsatoe with the Laughty. imuefioug lonp nf fls profosf