Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1836-03-29
,I'yveaeay-dosartaa Cosagrcss--asa se~s.
E&PIRG.4T2O.H or TIE JOUR.N3L..
SPEECH OF MIR BENTON ur Ni:su.Nl:
"a Hh1SII "a vi H. DIN ION, OF -.is"U"NI'
TCoSTiSuED |


the injustice of that proceeding, and makes an issue OF
fact upon the truth of the sentence pronounced upon
| him This proposition is in ties" words:
was u"nun!r point fact and eel,rr, unjust
anI unIghteoS IL: well irregular and
e SAID President 'acko" neither in the act oi disnI'sng NJ u
3nc the appointment OF Mr. Fancy specified in III first
rsn'u'ns the dcsir specified The OF the
resolve nor il which thea, be specified
tanned in the third and last OF the resolve,
act violation dcrouton of the laws AMI constitution dan
gcrous to tho liLcItics Of the p opc"
The complementary resolution, first drawn up,
tanned two specifications of supposed violation OF law
aud constituon; tho diSmisson of Mr. Duane from
the Treasury Department because he would
the public moneys from the Bank OF The Untrd Satcs
and :. the appointment Of MIR. fancy [" make that
inoval. The second form OF the resolution contained
single specification, namely taking upon himself the
sponsibly Of r"movsg The deposites; and the thi:d
and ultimate form of the resolution utterly
destitute ri any specification whatever Having remark
cd that these specifications were COPIED from the pro-
cccGngs Of the Bank of the United States and in the
very words used by that institution, such c had read
them at the 0penlT OF this debate, Mr. Is sad we JON
issue upon each of these specifications rs FAR as they are
made under the first and second urnS which they bear
and ready to join upon any specification which
be gncd under the vague terms OF the third form
We deny. cut and out that there was any violation
of the Laws Constitution in the dismissal OF MIR Du-
ane, or in the appointment Of Var. Iancy or IN taking
upon himself the responsibility Of removing the drpo
sites in any proceeding whatever, either late or curly
| in relation to the public revenue.
All these drnias We made the time; and every spc
cifcatun rcnturcd upon by the OF the rcs"ulI"n
promptly met aud fully overtiruwn by Us. Shall
repeat the arguments we then used shall | limit
myself to rccaptulaon r points winch mark our rea
soning and to enumeration Of proofs which attest our
victory prefer the latter, and shall proceed accord
| ingiy.
First, then, the dismissal of Mr. Duane, because he
would not remove the dcpOS!iss.
In answer TO this specification showed, FIRST that
the right Of the President 10 dismiss this Secretary.
suited from his constitutional obligation 10 see the laws
faithfully executed; secondly, from the recognition of
the right in the first act OF Congress establishing tho
| Treasury Department.
Here is the law Ukrnercr tie Secretary OFF the
7rtGsury) yhd be rcmorcd Jr0m office by the president
Of the Lntcd States, any other q racancy an tie
office Of Secretary, Tie assistant sha during tic cacuncg
hacc tic chargc and cmSody q Tic rc:ordS, G'ohS, amd
papers dppcrlauag the sGid gFcc This The seventh
section OF the entitled. to establish the Trea
sury Department, passed. September ,: l7oo 1t is an
express, and, the debates OF the time Will show,
purposly oppressed recognition ot the right OF the Pre-
sdcnt 10 dismiss this officer And here might dismiss
this specifications but it is right TO recall the recollection
Of the fact, that The Of the resolution gave up,
and cuapel!rd 10 give 1t up or luSe the whole ie
soution for it was well known Throughout the Senate
that not p0ry "rlty, al the end OF an hundred
days debate, could be go, TO vote for t-tat several
members Of the Opposition openly admitted the right o!
the President make the dsmsson and could not vote
for the rrso!ulisn with tina! specification III II.
The second specification Tor appointing Mr.. Ia
ney 10 make the removal of the dcpusites which MIR.
| Duane would This requires no consideration, and
admits of notice. 1T scarcely noticed III drbaie
and being wholly dependent the first specification, 1t
wa; withdrawn with it, and mentioned since. ]!
was given up by the mover, witiUnl vule because
even yarty majority could not lie got 10 vote Tor II and
il cannot be resuScalcd now; for the sake u Dstu
discussion
The third specification was for taking himself the
responsibility of removing tn" GcposIeS. This spccii-
cation, like the former. found to be too weak to
stand vnlc 1t was withdrawn by the mover, without
f,uIn tnIpp
orily could be induced to vote for it, Being thus given
up and Abandoned it longer claim the honor oil i
notice.
An alleGa:ion twice repeated by way Of aggravaon,
also graced the first and second forms Of the resolution,
which disappeared from the third ii WAS, that the lreS
dent conduct dangerous 10 the liberties Of the lro
pie. This allegation also shared The fate oil the three
specifications. 1t vas given up and withdrawn without
4 vote because not even pariymnority could vote Tor
it, aud thus it clearly admitted that the President 5
conduct dangerous 10 the liberties OF The People,
The resolve, as adopted void Of specification, and
contains allegation whatever on which all Issue oil
fact TOR of law could he taken. 1t vague, lnGrtI
mite denunciaon, without reference to any ACT ut any
time, in any place. or 10 any law, or any clause l." the
Constitution supposed To be violated Against sIc! IL
condemnation argument is impossible Tor Issues IN
practicable li..l myself to the broad, emphatic denial
OF the truth and validity of thing that can be SprcI-
fed unde. this vague remuneration. pronounce my
self and my friends be standing ready, cal!rng.
inc and deynG specification under THIS resolution,
and wa,inT to mpale and traIislx il the II
Produced And here conclude this head, aud Id my
second proposition to be completely established namely
that The charge OF violating Tie Laws ana Constitute
wis unounded and point OF lact, and tn It
the condemnation of thu Presdcn was thercf :e,
unjust and unrg hteous, it was illegal, IRREGULAR and
unconstitutional.
ILL., pass on to the third proposition which airins
the varuerrss and ambiguity OF tic resolve us Adopted
and presents Of the evils resulting from such an IN
definite mode Of condemnation Ii is IN these words:
And whereas said solve adopted, uncertain and
rorn,ng from the Constitutions, a" aGmins usra"!s
power authority the late Executive proceedings III relation 10
The uu gcvcnuc specify what part OF the Executive
proceedings. what part the public revenue: WAS nced to be
rrr to- parts the Laws AMI Constitution were supos
eI 10 arr b.c nrr.c part the Umiun
administration, these late proceedings were supposed 10
have taken place thereby putting each Senator liberty vote ~
favor of the uvc upon separate OF his
lca ing ground Of M cuac ud5nen, 10 be at by INC
public and de ily and Lvrrsry interpreted by ia lua
Senator. according private ua particular understanding Of
each contrary the ends justice, and To NIL the forms OF
could not know against what odrnd msr ana to The loss OF &c
na,uria! rspons1y by iclls Senators iron" u'lc
IiIy Tor aSn. up smcnt uon sToan 'eh The phe eano
know aud wih kauwn. n'sh to BE- insufficient III law OIL
ua:o.:Lr in rac'
When he had read this proposition, MIR. b. sad Is
this a true drscr ton of the Senate Judgment: tal
it be possible that this elevated body, intended ny nc
Constitution 10 be the grarrst assembly on car: cou..
have 50 far spored with its own responsibility ana Wi"
the rights of accused person, 10 deliver sen' net
of condo mnatou void OF form as this drScriPtio'
announces: The question is grave one, a;d 'hc al
swc. should bc the best which The nature o! Tic case
possibly u'nill OIL inspection IS VIC ocS' "" =. ,r
the admits Of 1t is case icr the inspection Oh liz
record-for trying the record by itself Here 1t Isl reao
listen and judge ,:,-
Resored President, The late executive p;'ceedn
in noa TO The revenue, Upon himself authority AM
power conferred By the Constitutions and Laws but IN det0sa
Of hoh." I..
VaGue! vague! vague! uncertain ambiguous, dcceP
tve amplibological and the highest illustration OF tina
Cync's sarcasm who defined language 10 be an art con
ieIred upon man enable his tongue to conceal hl
thoughts Surely the very thing is concealed here wh.e'
the only thing that ought to be known namely, III
snrr6c act Which constitutes the violation OF la" ah
Gas.;.n.;nn in,enLel be iusieucl llr PresdCnt