Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1834-05-08

re-Pee,, support, obey. and eoaform with his
q i.,ons
The President insists that the offensive re-
solution of the senate vas not into nd-d a. Z.
found OF any legislative action that the Sc
nate has no right. an it, Legislative capacity
pas any resolution which ~ not intended
70 BE- the GRAND of legislation; and, in effect
t',i every resolution ~hieh does not plainly
'ndicoic ca IT, face that Il j. so intended, Is
u. oaions to censure, n being without the
isle Of our legislative authority. In what
code OF parliamentary Law he found this doc
irine. u were VAIN 20 inquire: regarding a a.
rule which be purposes To ords,p. under
stand him perfectly. How could he know,
hos could he undertake To affirm, that thu.
resolution Was not inte nded as the foundation
of any legislative procccdins' II he learned
IRON the objections taken To the resolution
by the opponrnts of 1t, in debate on this floor,
the House certainly never gave him. or con-
armed, Any such information. The resolution
s"aV vet bc the ground of legislative action (;
aud % ! shall see hereafter any reason to hope
Tor tue concurrence Of the other House, I for
"re shall sopn propose legislation on the prin-
ciple a--etted IN the resolution-legi>lation To
preserve the public treasure for public use
But where dill lac le lrn that neither House of
Congress can pass any resolution touching the
Procecding> OF the Executive, unless such re-
solution be designed tke ground Of legisla-
Ton: ] nm not very familiar with the rules
% parliamentary order IN the Federal Legi--
i'ture, bot undcrstand those which prevail
in NV own state pretty we'll, and those which
prevail "a the tao Houses OF the British Par
i.a.nen;. ] take them Ia he all substantially,
The same The President, in this protest
makes rcicret &c Ia the Institutions OF Gre al
Britain, and drsss from that source aryu.
menis for hl, purpose. I shall be greatly sur
prIscd Il he or any body else can find rule or
precedent ~ Gre at Britain, IN any of the State
Legislatures, or IN either house Of Congress,
Tor this novel proposition. that every rrsoIu.
Won not intended To no the ground OF le-
IsIaiive action, il without the pale of l.-
gsiati'e authority About the close Of the
war OF the American revolution, Mr.. Dun
ming moved seTie, 81 resolutions, the pur.
port OF one Of which vas, that the influence
OF the Crown had increased, and was ncreas-
i"g. and ought To- be diminished; and il " as
carried against the tory ministry. No imme-
date legislation was proposed none, in fact,
ensued, or was attempted. Did George M
send a message to the House Of Commons to
instruct them that this resolution exceeded
their legislative power, or make any appea
to the British nation against this abuse OF Ie-
.gi,IatiVe power by the Commons, During
the second administration of the elder viii
lam Pitt, in order TO avoid the apprehended
danger OF scarcity, royal proclamation was
issued, forbiddins the expectation oi corn,
ana thereby suSpendInS law Of the land. -
The ministry were responsible for the act
Ia The subsequent session Of Parliament, the
subject came under the conside ration Of the
House Of Lords-the expcdiency of mea-
sure was universally sdmitted-Lord Cam
den insisted that ]; was lawful, founding his
argument Oh the plea Of an everything neces-
s'ty; but Lord Mansfield maintained that a
royal proclamation, susPending law Of the
land, was, under any conceivable state Of
circumstances, unlawful and unc Institutional !;
and OF tins opinion was the House of Lords.
But, u rightly remember, no legislation en-
sued, or was proposed. Did Lord Chatham.
ihe Proudest Of mankind, @ do not speak of
MIN with irreyerence. for his was the pride
OF conscious and transeendent virtue and =
h'lhy,) complain that the House of Lords.
the high court Of impeachment, had pre iudr
ed ms case, arralgned him without any i'm
parchment from the Commons, tried and con-
N'cted him OF violation Of the laws; Of
usurpatIon OF power Did il enter into sny
mans head That the House Of Lords was act
ing IN Judicial and not in its Legislative ca
pachyi
Sir, the Senate was under n necessity. in
us legislative character, Of considering the
suuJect oi the resolution which has given the
PRESIDENT so much offence. Mr. Secfstarx
Iahcy, IN report To Congress, at the COM
mencement Of the session, had given us M.
reasons for the removal Of tile public demo
sites from the Bank of the United State,
omittins, however, TO state the main, il not
'he Only reason, on which his order for the
removal OF the depositcs was founded, name
~. 'he positive order Of the President TO that
elect say this was the main, il not the
ONLY reason which a..
wa, IN truth founded for the President had
Told the nation, IN the most expliei; terms,
That the measure was his own; that he took
u upon hIs sole responsibility and Il Mr.. Ia
ney had, unsu-tained by the authority Of the
President, taken such n step, he could moi
have withsiood. for a moment, the torrent Of
public indignation. The Senate called foe The
paper which the President had published a.
tue world, II was not given to " but the
autnenucity OF The Publication, and the histo-
~ ~ The Transaction u contained. were nd
nhtied IT, Senate having. bv one rrsoIn.
hon' declared the reasons for tlie measure
stated ~ the Serrctary's report. un>at,sC,c,o-
~ and insufficient, IL became absolutely ueees.
Hary 70 consider whether the other aud the
ieaI reason OF the measure. namely, the or
Ger oi The President, was justilic alton Of the
secretary conduct. The senate was OBLIGED
70 consider the question whether the Pre-,-
dent had any constitutional or legal power IN
give any such order. ~ the rrsoIut,ao which
dis'pproVed the reasons alleged in the Seere-
tlay report, vas (as no man has ever doubt
Cd u wa') within the legislative competenc,
81 The senate, ~ was the other re,oIut,on
winch affirmed that the PresIdenl', ord,rs
we're, OF themselves, not warranted by the
constitution and laws, and therefore Afforded
no good reason, no Qualification, 10 excuse.
i"r ths secretary removal Of the deposnes
bui, SIR, let "a see what Is the pr,nr,ple Of
'he'e Executive proceedings which our re.o-
1'ion disapprovcs a. dcrogsiory from the con.
'hihiion aud the laws. We have been a.
puunE What the principle IN truth was the
resident has nov avowed IL and. ia doing
81 nos distinctly admitted that the oppo-u,,,e
Understood Il correctly. snd that The friend,
~ zoe adr,in's'rai'oa had no adequate con.
'sP'lon "i Hs extent lie SAYS
The custody of the tubi,c propertv nm
Ter such regulations - may be- 1rsserib.d h, 4
egs,aiTs authority, has always been eon,k /.
erred On appropriate function 81 the E.,en. I
I've Department 20 this snd ell other Coye,e,. /
nents. IN accordance With Tins nr,os.,'t- /