Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1842-09-08

were inclined, 10 disobcv hat protest
against ovcry attempt To break d,wn the
Indoubled constitutional pover oi this de-
.,ariment. wiihou, solemn amendment
If that fundamental law.
am determined TO uphold the Consiitu-
ion in this, as in other respects. to the
almost of my ability, and in defiance ol
III personal consequences. What may
happen TO an individual is of little impor
tanco but the Constitution Of The country
n any of its great and clear principles
md provisions, Is too sacred TO be sur.
rendered, under any circumstances what
ever, by those who are charged with III
should he be held guililess, who, placed
a, the head Of one of the grea, depart
rnenis of the Government, should shrink
from the exercise of lis uuquesIionable
authority OH The most important occasions;
md should consent, without Il struggle To
eflace all the barriers SO carefully crea
ed by the people 10 control and circum
scribe the powers coniided TO their va.
rious agents 1t may be desirable, as
The majority Of the House OF Representa-.
ives has declared it is, that no such
checks upon the will of the Legislature
should be suffered to continue. This IS Il
matt or for the people AID the States to
decide but, until they shall have decided
It, shall leel myself bound 10 execute,
without fear or favor The law as II has
been written b. our predecessors.
| protest against this whole proceeding
of the House of Representative YES, as CO
porte and extra judicial | protest
,gaiIs. /; as sub,eisive OF the Common
rght OF all citizens to be condemned cnll
upon lair aud impartial trial. according
20 law and evidence, before the country.
protest against il, as destructive Of the
comfy Of intercourse Letw cen the de
,ar,ments Of this Government, and dcs-
med souner or later, to il ad TO conillci
fatal 10 the peace Of the country aud the
integrity Of The Constitution.
| protest against ii, in the name Of tina,
Constitution, which is not only my own
shield of protection and defence. but that
of every American citizen. protest
against il, in inc name of the people, by
whose will | stand where do, and by
whose authority | exercised the power
which | am charged with having usurped
md 10 whom ! am responsible for Il firm
md faithful discharge, according 10 my
own convictions of duty, OF the high
stewardship conlided to me by them. ]
protest against it, IN the name OF all re
gulaicd liberty, and all limited Govern.
ncul. as proceeding tending to the utter
destruction of The checks and balances
pr the Constitution, aud the accumula.
ting in the hands Of the llouse of Repre-
scntalivcs. or bare ma nr;iy Of Congress,
tor the time being, IN uncontrolled and
desporic power. And | respectfully ask
that This, my protest, may be entered upon
he i jurnal Of the House OF Representa-.
lives, as II solemn aud formal declaration.
for all time 10 come. Of the injustice and
uuconslllulionality Of such IA proceed
ing. JOHN N LEX.
WAsuINGToN, August 30. lS4!.
The reading Of the message having
been concluded
Mr. Bo,ls obtained the Il ,or,and moved
the following resolutions
I. Resolved, That while this House is and
ever will he ready to receive from the Prcsi
dent all such messages and communications
rs the Constitution and laws and the usu al
course Of public business authorize him to
transmit TO it, but it cannot recognize any
I ght in him TO make formal protest against
votes and proceedings Of this House, dcclar-
ing such votes and proceedings to be illegal
,nd unconstitutional, and requesting the
House to enter such protest on It's journal.
=. Resolved, That the Gtoresa id ptoos, is a
breach Of tho privileges of this House, and
that il be not entered on the journal.
3. Resolved, That the Pres ident Of the
United States has no right to send a protest
10 this House against any OF its proceedings
4 Resolved That the Clerk Of this House
be directed to return the message and protest
10 its author.
A separate question was ordered on
each resolution. and the yeas and nays
were ordered and the first resolution was
,doplcd by the following vote Yeas 81
NAYS 46
The second resolution was also adop
ed-yeas So nays Is.
The third resolution was adop,ed-S6
yeas ; 53 nays.
The question then being on the fourth
resolution, Mr. Bolts said some OF his
frieuds had expressed II desire that no
should Withdraw this resolution. Io did
not know whether it was IN his power To
10 so.
The Speaker said, omy by general con.
sent.
Mr.. Wise objected.
The question on the said fourth rcsolu
rion was thcu taken, aud tho resolution
was rjectcd-Ay Aycs 81, Nays 90.
A motion TO reconsider AS To the three
first resolutions subsequently made by
Mr J. &. Clark, was rejected.
RE-oRGANIzATIoN BILL.-Thc Bill
from the Senate to re-organlZc the Navy
Department passed the House of Repre-
senlallves tins morning by vote oI III
to 35, aud with many amendments. which
carries the Bill back 10 the Seua,e.
The FoRTIFICATIoN Bill was exam
med by The Ways and Means and rcpor
ted back during the day with II recon-
mendation that the am ,ndmcnts be con
Cured ~.
The end CT the Session.