The Arkansas advocate., 1834-05-16
Extraordinary z -Messags i.ola q, p.esideAt
 to tfe Senate.


 h message was yesterday received in the Senate. from tie President of the United States, purporting to be protest, on the part et that high ,h tn.4etieaary, aaainst the Resolutions expressive of the opinion of the Senate touching the eonstitatlonality and expediency of the Rcmova! of the Public Deposites, in the manner in which 1t was effected, from tue Bank ofthe United States.
 he Message is of greatlcngtb, the read ing thereof by the Secretary of the Senate having occupied more than an hour. Hav- Ing had no opportunity of access to the do- eament, we are only enabled to give our readers such an Idea Of 1t as an iineerfect hearing of it will enable us.
 lhe Message begins by reciting the re- solutions passed by the Senate; and, con- siderlng 1t the duty of the President to pro- tect his privileges from encroachment by every means in his power, declares the pro- ceedlngs of the Senate 10 be unprecedented and extraordinary, and enters his solemn protest against them.
 Except as otherwise specially provided Tn the Constitution, the Message declares the rights of the Executive and of the Le gisature to be co-equal. In this view, the President IS of opinion that the proceedings dt the Senate ia the ease referred to. gre wholly unauthorized by the Constitution No such power as the Senate has assumed IS, ne says, to be found, In any part of the Constitution, granted te either branch of the Legislature. oproye this he enters into "a brief analysis Of the powers conferred upon tie Senate 5y the Constitution. Any proposition acted upon by the Senate, to be within the sphere ot Is own powers, he ar- gues, must lend to legislative action, or, in its conclusion, ntist false the form of some Executive ar Legislative act. The Reso- iutlens in question, be says, were not a le- gslatlve act aor did they apply to any treaty or nomination before tke Senate in is Exeeueiye capacity. Nor did they re- iate te any of tle euses in which Inc sen- ate might lawfully act in reference to its own arsanizaiioil, S@e. without the consent of the otiier House.
 Ihey have, therefore, in hls opinion, no warrant in the ionsttation. They amount to an impeachment, lf the senale had the power but the House only has the power 10 impeaeh. and the Senate only power to try lmpeachments when preferred by that body. The Resolutions, tie President says. embrace charges ofusurpation and violation Of the Constitution, impeachable offences, and declare the President to be guilty of them; thus attempting to exercise ail the moral power Of impeachment, without ob- serving, in any part of the proceedings, the provisions CT requirements ot the Constitu- tion ln regard to impeaehments The Re- solutions, he further areues, prejudge case Tn which the Senate might have been called upon to act ju(iciaIly, had the House of Re- Presentatives preferred an impeachment against the President Sc.
 The whole proceeding, the President de- ciares, ln very plum terms, to have been an assumption, by the Senate ol powess not conferred upon it by the Constitution, and utterly incompatible with that instrument, and with the plaincst dictates of eqmty and justice.
 The President then goes on to ohiect to the yagaeness of tue Resoluaon censnring the conduct Of the A.Xecutive. Though comprehensive enough, he says 1t eonlains no certainty of nme, place, CT circumstance, which induced any oEe Senator to vote for it. Although the Resolution, as originally moved specified certa.n particular acts al- legged ta he contrary to the Constitution and the Laws, yet at the close of the debate 1t was So modified as 10 particularize nothing, d proceeding which the General very point edly condemns fer, he adds, Ii the resolu- ton had been put to the vote ia is original form, 1t IS presumed t would have received the sanction of but tew votes, since the acts specified in 1t were clearly not contrary to the Constitution, &c.
 The Message then enters into an elabo- rate exposition of the views which the Pre- sident entertains of the extent of his own powers, reviewing the provisions of the Con- stitution respecting the power of appointing officers of Government, and the construc- ton which they have received Ill practice. There Is no such thing as officers under the control of Congress, 1t IS argued, but those which spring from the power conferred upon each House by the Constitution to choose its own officersi All the other officers ex- cept Judges and the officers of courts, are appointed by the president, with OF with out the consent of the Senate, and subject to his will and pleasure, through the power ot removal, he being responsible for their good conduct, and for the dne execution of inc laws. ihe Treasury Department, like others, is wholly Execatya in is character, and likewise in its responsibility. The cus- tody of the public moneyis one of the tunc- tons oi that Department. lorthe discharge ot that junction it responsible, not to Con- gross, but to the President. The law es-