Daily Richmond Whig. [volume] (Richmond, Va.) 1840-1842, 1842-09-03
rwnSrY-sEvENrn CONGRESS.
HOUSE OF REPREsENrArIv
TuksDAr, Angus, 80, isi2
THE PROTEST.


the request Of
Mt ADAMS, who asked il but for minute {
two lie said there seemed to lie an expeciauo
on the part OF some gentlemen that he should pre-
pose TO The House some measure suitable to b
adopted on the present occasion. Mr. A. knew {
reason for such an expectation but the fact tina
he had been the mover OF the resolution for the ap
pointment OF the Committee which had made Ia
report referred to in the message, had been up
pointed by the Speaker, Chairman OF the Commit
tee. and that the report against which the Presiden
Of the u. 8. had sent to the House such multitud
vi Protests was written Ly him. So far ns u ha
been written, Me A. held himself responsible 4
the House, TO the country, to the world, and q
pos.etiIy; aud, so far as he was tho author OF ih'
report he held himself responsible to the President
also; the President should hear from him elsewhere
than here the subject ISotnc laughter, and cries
OF "Hear that will he fight himf'1
MIR A. went on to say that IL was because the re
port had been adopted by the House. and not be-
cause IL had been written by HIM, That the Presi-
dent had sent such bundle OF protests, and there
fore, MIR A. felt no necessity or obligation upon
himself TO propose what measures tho House ought
10 adopt for the vndiciton of It's own dignity and
honor; and perhaps, from considerations ofdelicaey
lie was indeed the very last man in the House Who
should propose any measure under the circum
stances.
MIR Bolts now resumed the floor. But for the
remarks which had just fallen from the gentleman
from Massachusetts,. he should hold that he owed
apology to the House and to the country for be-
member Of the House, the most pcrenced, and the
wisest, apart from the other circumstances of the
case, the venerable gentieu,an from Massachusetts
certainly the most ht member 10 point out the
course which IL became the House TO pursue, in
order TO vindicate its honor thus assaied; and Mr.
b. wished TO state that under this impression he
had personally indicated 10 that gentleman the pro-
priety Of such a movement on his part, but he had
declined to act from motives OF delcacy 10 which
lie had himself just alluded.
IA A member q the SeleC; Committee which Ii ad
made the Report, as a member OF the House, and
as the Representative of portion of the free PEG
pie OF this country, he felt called upon TO vndicae
the honor and independence which belonged TO the
Representatives Of the American People.
IL he understood the message which had been
read at the clerks table, it declared that the action
of the House in adopting the report OF the Select
Committee, was without precedent in our parlia-
mentary history. Now 1t seemed that on this &C.
casion the Presidents memory must have been in
some degree troacherous. Another and a very me-
morable case of the like kind had occurred, and
in which the President himself had taken an impor-
tant part; and MIR b. proposed TO measure out to
him the very same measure which he had melted out
10 the then President Of the u. S.
A resolution had been adopted according 10 which
Congress was to adjourn at two O'Clock tomorrow
afternoon, and there was, therefore, no time left for
a protracted debate on this matter; nor was there
any need of il; because he meant, by permission Of
the Chair TO introduce an authority tho right OF
that House TO adopt the resolutions OF the report,
which the President, in all his lnsolence 10 the Peo
Piles Representatives, DARE not question.
10 1884, the Senate had adopted certain resolu-
tons, condemnins the course OF President Jackson
in the removal Of the deposites from the Bank OF
the Uuiied States TO the State Banks. In conse
quence OF this movement the part Of the Senate,
President Jackson sent TO that body PROTEST
against the right Of the Senate to express any opin-
ion censurins his public course; and what made the
then stronger than the present case was, that
the Senate constituted the jury by whom he was TO
he tried should any impeachment be brought again st
him. The Senate, after long and elaborate dis.
cussion Of the whole matter and the most eloquen,
and overpowering torrent OF debate that ever wns
listened to in this country, adopted the three fol-
lowing resolutions:
!. Resolred, That while the Senate is and ever
will be ready TO receive from the President all such
messages and Communications as the Constitution
and laws and the usual course Of business authorize
him to transmit TO II, yet it cannot recognise any
right in him 10 make formal pTotes, against votes
and proceedings of the Senate, declaring such votes
md proceedings to be illegal and unconstitutional
and requesting the Senate 10 enter such protest on
its Journal.
On this resolution the yeas and nays were taken
and !, was adopted by vote of % 10 i6; and among
the recorded votes in its favor stood the name o.
John Tyler, now acting President OF the U. States
and Daniel Webster, now his Prime Minister.
The second resolution was as follows:
2. RssOrsd That the aforesaid protest is a breach
of the privileges OF the Senate, and that 1t be
entered on the Journal.
The same VOTE numerically, was given in favor
of this resolution; and among the yeas stood the
name of John Tyler, now acting President OF the
United States, and OF Daniel Webster, now hi
Prime Minister.
The third resolution read as follows:
}. RtrOlrtd, That the President OF the United
States has right to send protest 10 the Senate
against any Of its proceedings.
And 10 sanction OF this resolution also the record
show ed the names of tho same John TYLER and
Daniel Webster.
MIR Il. went on to say ihatit was not often that HI
was driven TO the necessity of adopting the sent
ments of others instead Of giving expression 10 hi:
own: he was in the ha bit Of thinking, OF speaking
and OF acting for HIMSELF but, on this occasion, he
should adopt few extracts of the speech Of gen.
tleman whom, whatever opinion he might hold con
corning certain parts Of his public course, he
had hesitaed 10 admit be the ablet OF iCrists ant
the soundesi OF constitutional lawyers. Never were
words more applicable TO the very now beor,
the House. This masterly speech (of MIR Web
sttT) would be found in the 10Th volume Of Gale
and Senton's Congressional Debates, page go:
"Mr President, know not who wrote this protes
but confess am as,onished. truly osionished. a,
well at the want of knowledge which it displays
Of constitutional law, as at the high and dnngerou
pretensions which 1t puts forth. Neither branch o
the Legislature can express censnre upon the Pie
sidenrs conduct Suppose, sir, that we should te
him enlisting troops, and fnisIng an nrmy; can W
say nothing, aud DO nothingl Suppose he wer
to declare war against foreign power, and put tn
army and the fleet in action are we to he silent
Suppose should see him borrowing money OF
the credit Of The United States; arc we yet TO wal
for impeachment Indeed, SIR, in regard TO th,
borrowing money on the credit Of the u. States, |
wish TO call the attention Of the Senate only tC
what might happen, but 10 what has actually hnp
pened. We are informed that the Post Office DE
partment, department over which the Presden
claims the same control over the rest, has ac
tually borrowed neor half million Of money Of
the credit OF tho u. States"
INor do I know, said MIR Bolts, who wrote thi.
am very sure John Tyler never did. "a voice
"Tho:o words, are not there, are they 2 they or
your own.") Yes, the words are just Us hav
read them.-A lough.l
'The protest, ns / have already said, contend
that neither the Senate nor the House of Repre-
sentntiyes can express its opinions on the conduC
OF the President, except in some form conneele
with impeachment; so that il the power Of im
parchment did not exist, these two Houses, thong
they be representative bodies, though one Of the
be filed by the immediate Representatives Of N
People, though they DO constituted like other ~
pulsr and Representative bodies, could not utter
syllable, although they saw the Executive eth
Hampng on their own rights and privileges,
grasping at absolute authority and dominion ov
the liberties Of the country Sir, hardly kno
how TO speak Of such cnims OF impunity for FL
cutive encroachmenf am amazed that any Am
rcon citizen should draw up a paper contsinir
such lofty pretensions; professions which wou
have been met with scorn, in England, OF any tin
since the revolution Of $685. A man who shou
stand up, IN either House OF the British PaTliu
ment, to maintain that the House could no b
vote or resolution, maintain It's own rights ar