Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1836-03-17

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daiely lay before Congress, if in session, aud it not
immediately after the commencement Of the next |
session, me reason oil such order and direction. -
Does this law confer upon the President any control
over The subject? None sir, literally none. Look into
the Constitution andSec II you lind any right fairly
deducibe from that instrument No sir YOU can hnd
none The trainers of the constitution a,uonished by
the history OF all past ages studousy avoided
tratipg too much power the hands of They
sought to frame good practical government with Just
checks and baiances and which would practically pre-
serve Just equilibrium of power among the several
phrnehis anu the several functonares who would be
caed 70 exercise those powers They gave the great
executive officer the name of President but he as
suhes the powerof King They divided the powers OF
government lnto three distinct branches, that the
might check and control the other although they did
Ia iact make the Executive branch powerful strong
never entered into minds he was TO
all the powers clamed tor him by himself and friends at
tins day They made the Preside mt
oil The American army when in actual service. But
th'y never could have dreamed OF making him the
Keeper OF the accumulated treasure of the nation
they were torewarned by the sayings and example OF
Cesar Ca'sas SAID that he but soldier rs and mo-
ney TO make himself powerful that with soldiers he
couid extort money and with money lie could raise SOL
diers' His history proves that he was right lie did
RAISE soldiers; he did exor money! and he laid low and
uampled upon the liberty OF Rome. Whit has been
may be again. Bow before the President and sanction
the power which he has claimed and ere long YOU may
you Will second Cesar rising up to desecrate
,e constitution OF our Government, and destroying the
liberties OF the people.
What the purport of the resolution of the Senate
whch Is now sought 10 be expunged9 IL declared .tha
Tue tresident in removing the deposites from the Bank
nor by the Constitution and Laws but in dero
gaon OF BOTH If he had succeeded in establishing the
acts winch he had attempted, the resolution
ePS o"a IN TACT, and the argument mi ht well stop
mere For, said he, have attempted to prove that the
resident dd remove the deposies and that he did SO
without authority OF law.
The gentleman from Goochland Mr. Watkins ad.
United, as Mr. r. supposed, for the sake of illustration
; ; ue resident did wrong in removing the De-
poses sun Tie Senate did wrong in passing resolu-
uon oil censurc upon him. Sir has il come TO this? Are
we To be told that the Presidents acts however wrong
are not to be censurcdthat he may commit whatever
aiversatioh IN Office he pcascs and the Senate shall
not IeProacb him! But let hear the geuileman's
reasons lie says that the Senate charged the President
WIN an iinpeachabe offence-tha they are made the
.Iers OF npeachments against Executive officers and
mat until The President mpeached by the House oil
Representatives, they should have preserved pro.
found silence upon the subject OF his acts He denied
he SAID, the position in toto. He denied that the
,iesaeht was charged with impcachable offence p?
hat Said ne, amounts TO an impeachable ofience?--
DOCS involuntary error? He apprehended not. We
must look at the quo amino. Is n corrupt purpose
ascoed TO the President! Look the resolution and
you VIII see that the Senate simply expressed an abstract
opinion upon the act OF the President affirming that he
IN ms tate Executive proceedings in relation the re-
moVa oi the deposites from the Bank of the United
Slaies assumed upon himself powers conferred bv
lie Constitution and laws, but in derogation of boIb
Gentlemen must that the Senate ascrbe To the Pre-
siuen no criminal design-no corrupt intent They did
not aege that he corrupuy knowingly violated the
Jaws put simply that his conduct authorised by
Jaw May not the President any other officer YER
cse powers not conferred by the Constitution and laws
without being ainenable to impeachment or criminal
ous grades OF courts from the lowest of which an appeal
may lie taken TO the highest cause may be Instituted
IN the County Courts may be there tried and
determined Anappeal may be taken Giro nil Su
pcor Conr and the Judgment corrected The cause NAV
ascend still further To the Court of ppeas the
OF last resort and there both judgments may be reversed
ior error. nothing, indeed, is common i'm onr
country But he conceived that the idea had never en-
tered any mans head that for thus committed The
JuSuces ana Judges could be impeached successfully
prosecuted So it seemed him the President n,;gI,
nave acted, taking the resolution of the Senate ms liz
y evidence OF MS error He acted without authority
OF Jaw, ont may he not have mistaken his powerss Are
we necessarily forced 10 infer corrupt crminaitv from
the TACT OF error If the President believed that he was
acung IN the discharge of his legitimate duty however
mistaken he may have been, there is there can he no
law, no authority by which he could lie held crimnaIv
aInenable. The gentleman from Goocbland (Nlr W >
argued the question though he determined 10 IN
Ter crminaity from the Presidents conduct Thisbe
may do; this any gentleman who peases may do but in
solution of the Senate
Mr. T. said he could refer gentlemen TO an authorize
as ne tnought, bearing directly on the point in issue
an authory which from some would be- he sun
posed treated with great respect by them IL is tue
the authority came from the SENATE of the United States
from that body which had been so cmpbaticulIv pro
nounced corrupt and factious but il arpened To be-
case which met the unanimous appreciation of the Sc
nate, Mr. Benton himself the author and advocate ~
me exPunglng process voting for it, so that he pre-
suied from this fact it from other gentlemen ,youId
pe disposed TO treat the authority with great respect
re alluded TO the resolution adopted by the Senate in re-
aton 10 the conduct of the late Postmaster General
Maj Barry Genilen.en will admit that the PosImas
" 70 an executive "lcer anG as sucli, liable be i'm
Peacheo Tor malyersaon IN Office The resolution is i'm
these words "Reso1ed, That it is proved and admitted
hat large sums OF money have been borrowed AT different
banks by the Postmaster General i'm order 10 mink M
Tue dehciency IN the means ofcarying business of
the A. Department without authority given bv anv
law of Congress; aud that Congress alone
inc power 10 borrow money the credit of the United
states, all such contracts for loans by the Postmaster
Genefn are illegal and void" Upon the massage Of
this resolution the ayes and were taken and result
ed: Ayes IL, Noes The famous nun ring Sena
tor from Missouri having his name standing nj lie bo,d
OF the list here seemed To be authority directly in point
The Postmaster General is an Execu We officer IabI
10 be inpeached and for whose conduct the President
says lac Is himself liable charged with having borrowed
mOncy on the credit Of the u 5. without any auorifv
oil law and gentlemen do not utter word Of COM
plant against IT, They estopped from co,nnoinin
OF II, from the fact that their great leader Thomas RI
benton, gave II the sanction of his vote Where cir 10
ule dIfierence between the principles contained in
uie Two resolutions: The charges the President
win having acted without authority Of the Constitu
on or laws, and IN derOgation Of both and the o,Ler
charges that The Postmaster General borrowed monce
on The Faith OF the Nation, without authority of law
DOth resolutions alege in principle precisely tie same
Thing, and IL one were an imnpacb,nent H. I'll.
also. 80 ~ was
But let US examine this subject little further
the Senators bound to 10 preserve silence i'm rcati,n a.
TIE conduct OF tie President? II seems to be admitted
10y gentlemen, that IL the Presidents acts are moi ira,
eacabc, the Senate may speak of them: but If they
DC, Tie Senate must observe profound silence Tho
argument consequently results in this that the Senators
nust ascertain 10 their minds. whether the presi.
dent acts are nfpeucfiaDic not. II they be
able, they must be silent; but his acts be not fe n,v
speak ct them freely They may make up their minds
w Dp' cases upon The guilt or innocence of the Presi
dcnt IN The one they may speak, but in the other re-
main silent II they satisfy themselves that The Presi
dents acts are Improbable, when intcrrooaed ob,nt
mem they would nave TO say, that they remain ST.