Daily Richmond Whig. [volume] (Richmond, Va.) 1840-1842, 1842-09-03

/ u
themselves, and ct instruments to make slaves
| others.
"The protest, Mr. President, comedies what
doubtless regards as liberal right Of discussion
tho People themselves But it's language, even
aekow lodging this right Of the Peple TO discuss u
conduct other servants, is gu lifted and pseuliar-
The free people Of the United States, II declare
have an undcubted right to discuss the Official con
duet of the President, in such language and lori
as they may think proper. Subject only 10 ihe re
straints Of truth and Justice But then, VINO IS
). = be the Judge of this truth and just'eef Are I'll
| PEOPLE TO Judge for themselves, or are DINERS
| Judge for th.m1 The protest is here speaking {
political rights, and not moral rights; asd, u ret
trants are imposed on political rights, must fol
low, Of course, that others are TO decide, when
ever the case arises, whether these restraints hav
been violated. IL is strange that the writer Of III
protest did not preceive that, by using this lang
| uage, he was pushing the President into a direc
avowal Of the doctrines in 1898 The text OF tn
protest and tho text Of the obnoxious act of tina
year are nearly indentieal
But, sir, Il the people have right TO discuss tn
Official conduct OF the Executive, 80 have thei
Representative. We have been taught TO regaTt
Representative OF the people a. u sentinel or
the watch-tower Of liberty. Is he to be blind
though visible danger approaches 7 Is he to b'
deaf though sounds of peril I'll the airi Is he &c
be dumb, while thousand duties mpel him &c
raise the cry Of aarm1 Is he not, rather, to catch
the lowest whisper which breathes intention OF
and to give his voice breath and utterance at The
first appearance OF danger Is not his eye to ira
verse the whole horizon, with the keen and eager
vision OF an unhooded hawk, detecting, through
all DISCUSSES. every enemy advancing, in any form
towards the citadel which he guards SIR, this
vatchiulness for public liberty, this duty OF fore
seeing danger and proelaimng il, this promplitude
and boldness in resisting attacks on the Constitu-
ton irom any quarter, this defence OF established
landmarks, this fearless resistance OF whatever
fhenn all ali fN l,u
representative character, are interviewer with il,
very nature, and Of which il cannot be deprived
without converting an active, Intelligent faithful
agent OF the people, into an unresistlng and pas
sive instrument OF power. A representative body
which gives up these rights and duties, gives i,se
up. 1, is q representative body longer. 1,
has broken the tie between itself and its cons,iu
ents, and henceforth is ht only 10 be regarded az
al inert, self sacrificed mass, from which all APP
propriate principle of vitality has departed forever
al have thus endeavoured to vindicate the right
OF the Senate to pass the resolution OF the 2sth OF
March, notwithstanding the denial of that right in
the protest.
"But there are other sentiments and opinions ex-
pressed in the protest, Of the very highest import
ance, and which demand nothing less than our ut
most attention.
The FIRST objec, of fee people is the preserva-
ton Of their liberty; and liberty is only be pre-.
served by maintaining constitutional restraints
and just divisions OF political power. Nothing is
tenee Of desire TO simplify government. The
simplest governments despotsms; the next
simplest limited monarches; but all republics, all
governments oil law, must impose numerous lm-
tations and qualifications of authority, and give
many positive and many qualified rights. In
other words, they must be subject 10 rule and re-
gulation. This is the very OF free political
institutions The spirit of liberty is, indeed q
bold and fearless spirit; but It is also sharp-s ght-
ed spirit; it Is cautious, sagacious, discrim ng
far-seeing intelligence; u IS jealous OF encro.ch-
ments, jealous Of power, jealous Of man. IL de-
mands checks, 1t seeks for guards, It insists on Sc
curties; enrenches itself behind strong defences
and foruhes, with all possible care, against the
assaults Of ambition and passion. Il does not
trust the amiable weaknesses of human nature
and therefore it will not permit power TO oversier
its prescribed limits, though benevolenee, good
intent, and patriotic purposes come along with i;
Neither does 1t satisfy itself with fashy and tenn.
porary resistance TO illegal authority. Far other
wise Ii seeks for duration and permanence. II
looks before and after; and, building the ex.
perence Of ages which are past, 1t labors dgent-
ly for the benefit Of ages TO come. This is the ma
ture of constitutional liberty; and this is ber-
~, If we will rightly understand and preserve IL.
Every free government is necessarily complicated
because all such governments establish restraints,
as we'll on the power OF government itself as on
that OF individuals. II we will abolish the dis
tinction Of branches, and have but branch; il
we will abolish jury trials, and leave all TO the
IL
shall himself be that judge; and if we will place
the Executive power in the same hands, we may
readily simplify government. We may easily
bring it TO the simplest oil all possible FORMS q
pure despotism. But separation of departments,
far as practicable and the preservation OF clear
lines Of division between them, is the Fundamental
lcea an the creation nj all constitutions; and
doubtless, the continuance Of regulated liberty de-
pends on maintaining these boundaries"
" Mr.. President, | have spoken freely OF his pro.
Q fncf AOft ha II q, 4.
have said nothing which do not believe. Or
these high questions Of constitutional law respec,
for my own character, as veil a solemn and
profound sense Of duty, restrnins me from giving
utterance TO a single sentiment which does no, fl W
from entire conviction. / fe1l that am not wrong
feel that an inhorn and inbred love Of consttu.
tional liberty and some study of our political ins
s.itu'ions have not, on this occasion, misled me.
But have desired TO say hing that shoud give
pain to the Chief Magistrate, personally. have
not sought TO fix arrows in his breast; but be
lieve him mistaken, altogether mistaken, in the
sentiments which he has expressed; and | mus,
concur with others in placing on the records OF In,
Senate my disapprobation Of these sentiments
90 vote, which is 10 remain so long any pro
ceedings OF the Senate shall last, and on a cues
ton which can never TO be important Will,
/ the Constitution Of the country endures. | have
/ desired TO make public my reasons. They vii,
now he known, AMI submit them 10 the udg
ment Of the present and after times.
" Sir, the occasion is full Of interest |, cAnno
pass off without leaving strong impressions on th
| character OF public men. collision has takei
| place, which could have most anxiously WISHED
/ 10 avoid; but ii was not TO be stunned. We hay
not sought this controversy; il has met u.s. and be
J forced upon us. In my judgment, the law ba
been disregarded and the Constitution lransgress
ed the fortress Of liberty has been assaulted, anC
circumstances have placed the Senate in the breach
= and, although we may perish in II, ] know VIC
shall not fly from it. But am fearless of con.
sequences. We shall bod on, sir, md hold out
Till the People themselves come 10 its defence. We
shall raise the alarm, and maintain the post, I'll
they whose right il is, shall decide whether IN,
Senate be faction, want only resisting Lawful
! power, or whether j; be opposing, with frmnss
and patriotism, Violations OF liberty and inroad
upon the Constitution"
Such wero the words then put forth by tina
dread intellectual giant on a case precisely analo
gous to this. lorbear, (said Mr q 10 very shame
to add a word OF my own. | am willing TO adop
them as mine. And without further remark
move you the resolutions following. The thre
FIRST Of them nre in the form, and the very words
adopted by the recorded votes Of John Tyler thei
| member Of the United States Senate, when ano
Their daring President sent dis protest 10 that body
!. RESOLVED, That while this House is and eve
will be ready to receive from the President all suc
messages and communications as the Constitution
and the laws and the usual course OF public bust
ness authorize him 10 transmit TO IL, yet il cannc
recognise any right in him 10 make formal pro
test against votes and proceedings Of this House
declaring such votes and proceedings 10 he ilegr
r and unconstitutional, and requesting the House 1
enter such protests on its Journal.
2 ResolUed, That the aforesaid protest il a breac
Of the privileges Of this House, and that Il he n,
entered on the Journal.
, 3. Resoiusd, That tho President Of the Unite