Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1834-05-02

close Of tho tobaie. and when. perbaps. II was cpprs. l
he"ded mat a majority might not sustain The specific &C.
c'sahon contained IN II, that the resolution was 20 mol
he'd as 90 assume It's present form. a more Striking illus. |
,r,lon OF the 'oanines' aud necessity OF The rules which
lob d vague aud indeiniie gencrslities. and require a rea-
so"abie certsiaiy IN all judicial allegations. aud a more
gltr,ng instance OF the violation OF those rules. has sci.
dom been exhibited" Sir, l shall be understood by every
man who has bestowed the least attention TO the PRINCIPLES |
OF our Government when l cay, that tho President, oil.
cialiy, has no right to know and take notice of any
thing said or proposed Ia either House of C onpress-ofa ny
thing but their acts. And ii he were a rea son,bIs man
much more il lie be II Christian, Gas he processes TO be.
anu , sn''' not question that he is) reason and religion
should nave taught SO much charity as 10 hold us only
accountable Tor what we have done, and 10 foryiye ma Tor
That which we have avoided TO do.
mere Is no end OF the enormous preiensons which the
i,es"e't e's up Tor HE Executive power, In the wonder.
ini paper under consideration. While he deni, S the riyh,
o''he senate, in its Legislative capacity, to express any
opinion Except a favorable oDe) conce rning the legality and
eonsti,uuonaIity Of the acts OF the Executive. or IN exer.
else It's own judgment us TO the extent Of its legislative
powets' anu ihe nature OF its own acts, he claims aud ex.
ercises The right to judge Of the constitutionaI,y of our
acis,to determine The character of them, to ascertain
when we are acting in our judicial and when in our lie
gisaauVe eapac,'y' and 20 prescribe TO us the prison bounds
"ih "hich hs allowed as 10 move, but from which We
must not depart. Such is the freedom of deiibera,ion and
ac"op, winch 1t seems good to his wisdom to conceie 10
us. lie speaks TO Va in the imperial STYLE OF the Cm.sr.
TO The degraded Senate o! Rome, while vet the ancient
iorns OF the Republic were decen,ly preserved, and in the
tone OF PapaI intallibili'y, end calls on all iai hfui subjects,
anu All irue Catholics, 10 respect, support, obey, and con.
form with his decisions.
The President insists that The offensive resolution of the
SN""N, " q uot as q ground Of anv Iegislatve ar-
uoh' ma'me senate has no right, in its legisla i've capaci.
", TO pass any resolution whici, is not intended TO be The
ground OF iegislaiion; and, la effect, that every resolution
"mcn does not plainly indicate on its face that il is so in.
tended, Is obnoxious TO censure. as being withou ut the pale
oil our legislative authority. In what code Of patlian,en.
tary law he found this doctrine, il rs m vain tn inouir.. 70.
garuing " as q rule which he proposes 20 or,iain, / urrier.
stand him perfectly. How could he know, how could he
undertake TO affirm, that This resolution was no, intended
as me foundation OF any legislative proceeding! II he
learned IL from The objections taken to ibe resolution nv
The opponents oil il, in debate on this floor, the House. Ger,
ainly, never gave him. or confirmed, any such Information.
Inc resolution may yet be the ground OF legislative action;
ANIL II i shall see hereafter any reason to hope for the CON.
currence OF the other House, for one shall soon pro-
pose ieg'sianon OH the principle asserted in The resolution
Legislation to preserve the public treasure for public use.
But where did he learn, that neither House OF C,n,ress
can pass any resolutions touching the proceedings oil the
Executive, unless snch resolution be DESTINED as The
ground OF legislation ! l am not very familiar ~ ih IN.
rules oil parliamentary order in the Federal Legislature.
ou' l understand those which prevail, in INV own State
preuy wen, ana those which prevail in the Two Houses of
the British Parliament. l take them to be all subs,sn,;, u
y the same. The President, in This Protest, makes re.
terence 10 the institutions OF Great Britain. and ,r,vs from
that source arguments for his purpose. I shall be greatly
surprised, ~ he or any body else can find rule r. nrece.
dent, in Great Britain, in any of the State Iepisla,ures
or III eilher House OF Congress, Tor This novel proposi.
Ton, that every resolution not intended 10 be The ground
o, legislative action is without the pale of legislative
u'ho'Ity'-About The close OF the war Of the American
Revolution, MIR. Dunning moved a series of re- solutions ,ha
purport OF one OF which was, iha, the influence of The
Niowh had increased, was increasing, and ought 10 be d.
minshed; and il was carried against the Tory ministry
No Immediate legislation was pioposed; none in fact ON.
sued, or was attempted. Did George ill., send , ness,n
10 the House Of Commons, 10 instruct Ihem ,h,, III -
solution exceeded their Les isialive power. or rake ~
appeal TO the British Nation against this abuse of legisl.,.
1--WE power oy he Commons! During the second a,imi.
his'fahon oil The elder William Pitt, in order 10 avoid The
apPreheDded danger of secretly, a royal PROCLAMATION g 81
issued iorniudipg The expectation OF corn, and thereby "a.
pending a law OF the land. The ministry wa osno1sibIo
0 me act In The subsequent session of Parliament, the
subject cane under the consideration of the House nj orIs
!" eHPeuishcy OF me measure was uuiversally admitted
Lord Camden insisted that il vas lawful. foundioy HE ar
""'Vu WI ne pea OF al over uling neces siIy-hnt I orJ
hiah'ne'u maintained, hat royal proclamation, suspend.
ny a law OF me 'snd' was under any conceivable state OF
circumstances unlawful aud Uncons itulional; and of ,Lis
opinion was the House OF Lords. But il riob,Jy ,an.m
Uer' no legislation ensued, or was proposed. Did Lord
chatham, The proudest OF mankind, RI do not speak of him
WIN "IeVetence' Tor ms was The pride OF conscious and
transcendent virtue and ability, I complain. that ,M. Uowss
o. L"us' me hlgh court OF impeachment, had p~rejudged
ms Ease arralgned him without any impeachment from Ihe
commons tired aud convicted him of a violation Of ,he
W ., a "s",paion Of powe'? Did it enter ino any
cial and moi in its legislative capacity?
Sir, the Senate was under a necessity. in lis legislative
cn"'ac'er' Of considering the subject of the resolution
which has gwen The President so much offence. Mr.
secretary fancy, in a report 10 Congress at The commence
heht OF the Session, had given us his reasons for The q
mov"i oil the public ~deposiles from the Bank of the United
800 oln''nhg. however 10 slate the main if not the only
reason on which his order for the removal of the de.
Posi'es was founded-namely, the positive order of the
PRESIDENT to that effect. 1 say this wa the main il,
not The only reason on which the lSecrelary's order
was I'D ruth founded; for the President has told the
nation, in the most explicit terms. th,t tho maas"
was ms owh-that he took il upon his sole respon.
sIoilly; and { Mr.. fancy had, unsustained by the
authority OF The President, taken such a step. he
eon,u NOT nave witistood, Tor a moment, the torrent of
public indignation. The Senate called for the paper
winch the President had published to the world; il was
OF gwen 10 US; but The authenticity of The publication,
a'n u history OF The Transaction it contained was adj.
miue". The Senate having by one resolution, decIsr-
ed The reasons for The measure stated in the Secretary's
report, unsatisfdc DRY and insult cient, il became absoIuie.
iy necessary to consider whether the other and The real
reason OF Tue measure, namely, the order of the President.
was q J"stilcaiion oil The Secrelary's conduct. The Sc.
nJte 0lIIop 4 rnpiIa.
PRESIDENT had any constitutional or legal powe r to give any
Such order IL The resolution, which d.sapproyed The
reasons alleged In Tie Secretary report, was (s no man
mas ever doubted 1t was3 within the legislative competen.
cy OF The Senate, so. was tire other rosolu,ion, which at.
hri"eu mat The Presidents orders were, OF themselves.
not warranted by the Constitution and Laws, and there.
lore Afforded no COED reason, no Justification, no excuse,
ior TIE oecreiarys removal OF the deposites.
Remainder in our nerf)