Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1836-03-29
| Fwcnty-fourtl Comgrcss--fst sess.
EXPURGATiOv OF THE JOURNAL
SPEECH OF MIR. BENTON OF Missouri.
ICoxriSuEpl

>. r
ing against President Jackson illegal and unconst
tnliona take up my second proposition, which afrms
Tue injustice oil that proceeding aud makes issue Of
TACT upon the truth OF the pronounced upon
hun This proposition is in these words:
was @ @ ~ all - various shapes and %
and un,sh'eous well Irregular
appointment, Mr. Fancy as specified * the first
removing the depos,es as soseed i % me o.
nor IA any act which was ben be specified
tanned IN h. third aud last form resolve commit am
liberties Of The people, OF dan"
The condemnatory resolution, first drawn up, con-
tanned two specifications of supposed violation of law
aud constitution; the dsmssion of MIR Duane from,
the Treasury Department because lie would not remoy
The public moneys from the Bank of the United States
and, The appointment of Mr. fancy TO make that re-
movai The second form OF the resolution contained
single sPechcation namely, taking upon himself the re-
sponsbIly of removing the deposites and the third
and ultimate form of the same resolution was utterly
destitute Of any specification whatever Having remark
ca mat these specifications copied from the pro-
ceediDgs OF the Bank of the United States and in the
very words used by that institution such he had read
them at the opening of this debate, MIR Is said we oin
issue upon each OF these specifications far they
made under the first and second forms which they bear
and are ready TO join issue upon any specification which
can be assigned under the vague of the third form
We deny out and out that there was any violation
oil the Laws or Constitution in the dismissal of MIR Du-
ane, or in The appointment of MIR fancy or in taking
upon himself the responsibility of removing the depo
sites, or IN any proceeding Whatever either early
In relation 10 the public revenue.
All these denias we made at the time; and every spe-
cihca,ion ventured upon by the of the resolution
was promptly met, and fully overthrown by Shall
repeat the Arguments then used! or shall | limit
myself TO recapitulaton of points which mark our ea
soning and to proofs which attest our
victory prefer the latter, aud shall proceed accord
ingly.
First then, the dismissal of Mr. Duane, because he
would not remove the deposes
In TO this specification we showed first that
the right of the President dismiss this Secretary re-
suited from his constitutional obligation to the laws
faithfully executed; secondly, the recognition of
Congress tha
Treasury Department
Here is the law Whenever tie Secretary (of The
treasury shall DC removed from office IN President
Of The United States any OLey Of oacaRcy i The
gDce o. Secretary, e assistant Shd during tie pacaacv
mace ne charge ana custody 81 IKE rs:ords GOOhs, and
section OF the act entitled An establish the lrea
sury Department, passed September 2, 1852 1t is an
express, and, the debates of the time will show
pnrPoscy oppressed recognition the right of the Pre-
sident 10 dismiss this officer. And here might dismiss
this specifications but it right recall the recollection
oi me iact that the mover of the resolution gave it up
and was compelled To give it up, lose the whole re.
solutions Tor IT was well known throughout The Senate
mat not even party majority at the end of hundred
DAYS debate, could be got TO vote for t-hat cveral
members OF the Opposition openly admitted the right of
The President to make the dsmsson and could vote
for the resolulisn with that specification in it,
The second specification for appointing Mr. Ia
ney to make the removal of the deposites which Mr.
Duane would not This requires consideration, and
admits OF no notice. IL scarcely noticed i'm debate:
and heing wholly dependent first specification il
was withdrawn with il, and never mentioned since 1,
even party majority could not he got for and
cannot be resuscated now for the sake of posthu-
discussion
The third specification was for taking on himself the
responsibility OF removing the deposites This specif.
cation like the former was found To be loo Yea, IN
stand vote 1t was Withdrawn by the mover, without
vote, because II was known that pdTiY ma.
orty could be induced for it, Being thus given
up aud abandoned, it longer claim the honor of
notice.
An allegation, twice repeated by way of aporavot;on
also graced the first and forms of the resolution
which disappeared from the third ii was that the Presi.
dent conduct dangerous TO the liberties of the Poo
pie This allegation also shared the fate of the three
specifications II was given up aud withdrawn without
Vote, because not even purity majority could for
III and thus 1t was clearly admitted that the Presidents
conduct not dangerous the liberties of the Peope
The resolves as adopted, void Of specification and
contains no allegation whatever which all issue of
Iact OF OF law could he taken. 1t vague, indei-
mite denuncialion without reference any act at any
time, IN any place. TO any law or any clause in h.
Constitution supposed TO be violated. Aqainst such
condemnation argument is impossible, for issues are inn
practicable limit myself 10 the broad emphatic denial
OF the truth and validity of any thing that can lie speci
fed under this vague denunciation. | pronounce nv.
self and my friends TO be standing ready calleng-
ing and deying any specification under this resolution
aud waiting TO impae and transx it The moment IL is
produced And here conclude THE head and hold INV
second proposition to be completely established na,uti
that The charge OF violating the Laws and Constituti,
was unounded and erroneous in point of fact AID lh-t
UNJUST and unrighte1us as 1t was illegal, Irregular and
unconstitutional.
III. pass on To the thrd proposition which affirms
the vaguencss and ambiguity of the resolve adoptcd
and presents some of the evils resulting from such an in.
definite mode OF condemnation. IL in these words:
And whereas the said resolves adopted was uncertain aud
aOfuo containing nothing but loose aud floating charge
aud authority Executive proceedings in relation 10
the public rovenug rii specifying part Executive
proceedings, what of the public Intended to DO
referred what Of tie Constitution wcfe susos
od to have been nnged, what part the Union Or at What
period Of his administrations were IN
have taken place; thereby putting each Senator liberty vote
favor Of the oolve roason Of lis own aud
leaving the ground OF the Senats judgment AT b die
public, and to be differently dveTsuy interpreted by
Senators according the private particular understanding Of
euch contrary the Justice nud 10 IN e frs of al
and Judicial pfoccedng-O great prejudice OF the ecued %
could know agaut cDj HIMSELF end to The loss Of
Material responsibility, by shielding Senator'S on public
y, for making Judgment upon grounds tc the ple cannot
know and ~e g k"Own. might prove insufficient law Or
uniOundCl IN fact"
this true description Of tie Senates Judgment Can
It be possible that this elevated body intended by the
Constitution To be the graycst assembly on carlh could
have far sportcd with It's own responsibility and with
the rights OF an accused person. deliver sentence
OF condemnation void Of form as this description
swe sond he the best which the nature Of the case cal
possibly admit Of Inspection is tie best answer which
tie case udns o. IL is case for the Inspections Of tc
record trying the record by itself Here it is; read
listen aud Judge.
Rs,oe That tho President late executive proceedings
~ relation TO The revenues has upon himself authority and
power DOT conferred by the Constitution and Laws dcfognon
Vaguel vague vague uncertain, ambiguous. decep
GYe ampbibOiOgica aud the highest illustration of that
Cynics sarcasm, who defined language 10 be an art con-
iefred upon TO enable his tongue TO CONCEAL his
thoughts Surely the very thing concealed here which
IS The only thing that ought 70 be known namely the
specific act which constitutes tic violation of law aud
Constitution intended 10 be fastened on The President
DO not diate upon the and nece ssiy Of precise
allegation IN criminal accusation. The time, the place,