Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1834-04-24

during the last week, down to friday
Both Houses adjourned from Tuesday to
Thursday, for the purpose Of allowing the
members an opportunity to attend the fu-
neral Of the Hon. Littleton p. Dennis,
late one Of the Representatives from
Maryland. The General Appropriation
Bill has been before the House some
time. MIR. Vance's proposed "rctorms,"
viz, the reduction Of salaries of members,
heads of departments, &c, SC, have
caused much debate, but without sue
cess.
FRO N the National Intelligenccr of Friday Last
THE PROTEST.
A new Chapter is now opened in the
political history Of our country.
A Message was yesterday received in,
the Senate, from the President of the u.
States, purporting to be PROTEST, Oh
the part of that high functioDary, against
the Resolutions expressive ofthe opinion.
of the Senate, touching The Constitution
ality and expedisncy of the Removal OF
the Public Deposites, in the manner in
which it was effected, from the Bank OF
the United States.
The Message is of great length, the
reading thereof by the Secretary OF the
Senate, having occupied more than an
hour.
The Message begins by reciting the
Resolutions passed by the Senate; and,
considering it the duty Of the President
to protect his privileges from encroach-
ment by every means in his power, de-
cares the proceedings Of the Senate to
be unprecedented and extraordinary and
enters his solemn Protest against them.
Except as otherwise specially proyi-I
ded in the Constitution, the Message de-
clares the rights of the Executive and
Of the Legislature to be co-equal. In
this view, the President is of opinion
that tie proceedings Of the Senate, in
the case referred to, are wholly uEau-
thorised. by the Constitution. No such
power as the Senate has assumed is, he .
says, to be found, in any part Of the Con-
stitution, granted to either branch Of the
Legislature. To prove this, he enters
into "brief analysis" Of the powers
conferred upon the Senate by the Con- !,
stitution. Any proposition acted upon
by the Senate, to be within the sphere
Of its powers, he argues, must tend to
legislative action, or, in its conclusion,
must take the form of some Executive or
Legislative act. The Resolutions in
question, he says, were not a Legislative
act; nor did they apply to any treaty or
Lac,.a tha Snpatn itc Ev-I
ecutive capacity. Nor did they relate
TO any Of the cases in which the Senate
might lawfully act lin reference to its
own organization, &c. without the con-
sent of the other House.
They have, therefore, in his opinion,
no warrant in the Constitution. They
amount to an impeachment, if the Sc
nate had the power; but the House only
has power to impeach, and the Senate
only power to try impeachments, when
preferred by that body. The Resolu-
tions, the President says, embrace char
ges of usurpation and violation Of the
Constitution, impeachable offences, and
declare the President to be eguilty olthem;
thus attempting to exercise all the moral
power Of impeachment, without observ-
ing, in any part of the proceedings the
provisions or requirements of the Consti-
tuition in regard to impe achments. The
Resolutions, he further argues, PREJUDICE
a case in which the Senate might have
been called upon to act judicially, had
the House of Representatives preferred
an impeachment against the President,
sc.
The whole proceeding, the President
declares, IN very plain terms, to have
been an assumption, by the Senate, of
powers not conferred upon it by the
Constitution, and utterly incompatible
with that instrument, and with the plain
est dictates Of equity and justice.
The President then goes on to object
to the ragueness Of the Resolution CEN
surng the conduct Of the Executive
Though comprehensive enough, he says
it contains no certainty of time, place, or
circumstance, which induced any one
Senator to vote for it. Although the
Resolution, as originally moved, speci-
fled certain particular acts alleged to be
contrary to the Constitution and the
Laws, yet at the close Of the debate, it
was so modified as to particularize moth
ing; a proceeding which the General
very pointedly condemns: for, he adds, if
the Resolution had been put to the vote,
in its original form, it is presumed it
would have received the sanction of but
few votes, since the acts specified in it
were clearly not contrary to the Consti-
tuition, SC.
The Message then enters into an ella
borate exposition of the views which the