Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1854-10-14

to which refusal he said he was constrained by
proper of his own sefrespect and of the rights
secured by the Constitution to the Executive branch
Of the Government" A few days after this Incl
dent Mr.. CLAY submitted two resolutions, which
underwent prolonged and earnest debate, resulting
in their adoption in the following modified form,
the first of them by % votes to Is, and the second
by 26 votes to 20:
Resolved That the assigned by the Secretary
of the Treasury for the removal Of the money of the Uni
States deposited in the Bank of the United States and
its branches communicated to Congress the 4h day
of December, 1888, unsatisfactory and insufficient
Resolved That the President in the late Executive pro.
ceedngs in relation to the public revenue has assumed
upon himself authority and power not conferred by the
Constitution and Laws, but in derogadon Of both.
About three weeks afterwards the President ad-
dressed to the Senate his memorable PRoTEsT"
against this proceeding; being an elaborate docu-
ment, in defiant tone, reaffrming generally the
prerogatve powers claimed for the Executive in the
Veto Message, and adding others of still more
astounding character, though naturally flowing
from the right, claimed by him in that Message, of
the President to constrpe the Constitution us he
Understood it and not others understood it, with
ths superadded claim of the Presidents indepen-
dence both Of Congress and the Supreme Court.
70 give our readers idea of the character of the
more copious excerpts, we must content ourselves
with offering tho following extract:
The custody Of the public property under such
latons may be prescribed by Legislative authority has
always been considered appropriate junction of tn.
Erscuape Department this and all other Gouenments In
accordance with this principle every species of property
belonging to the United States excepting that which is
in the of the several coordinate departments of the
Government, as means to aid them in performing their
appropriate functions charge Of officers appointed By
the President whether it be lands or buildings, or mer
chandise, provisions clothing, ars and muni-
tons of war The superintendent and keepers Of the
whole appointed by the President responsible him.
and removable at his will
"Were the Congress to assume, with or without egs-
latve act, the power of appointing officers Independently
OIL President to take the charge and custody Of the pub
lie property contained in the military and naval arsenas
magazines, and storehouses it is believed that such
poud be regarded by all papabe usupaton of Erecu
tpe pocr, subyersive of the form well the funda
mental principles Of Government. But where is the
difference in principle whether the public property be
in the form of arms munitions of war; and supplies, or
in gold and silver bank notes. None be perceiv
ed; is believed to exist Congress cannot therefore
take out Of the hands of the Executive Department the custody
Of TIE public property money out assumption Of Ere
cttue poa0er and sudperson Of the first principles of the
Constitution"
at the instant of the conclusion Of the reading of
this paper at the desk of the Secretary of the Senate
an animated debate sprung up, which continued,
with undiminished interest, for several days.
From this debate, one of the most important and
able Con both sides) that ever took place in Con-
gress we truly regret that restricted limits admit
of hardly a single extract We subjoin, however,
few passages from it, rather as samples of its ex-
citing character than in the hope Of giving the reader
any idea of its general effect. The first extracts we
shall make are from the speech of BENJAMIN Wat
KINs LEIGH, of Virginia, Of the most llustrious
statesmen Of his day and the other from the speech
Of GEORGE M. BIBB, Of Kentucky, yet living and
upon whom, therefore, we refrain from any other
commendaton than that his profound legal know
ledge eminently qualified him to take part in this
discussion:
EXTRACTS FROM THE SPEECH OF Mr.. LEIGH
There is no end of the pretensions which
the President sets up for the Executive power in the
wonderful paper under consideration. While he denies
the right of the Senate in its legislative capacity
press any opinion Except favorable one) concerning
the legality and constitutonay of the acts Of the Exc
cutive to exercise its judgment the extent
of its legislative powers and the nature Of its own acts
he claims and exercises the right judge of the cons
tuonaty of our acts to determine the character Of
them, to ascertain when acting in judicial and
when in our legislative capacity, and prescribe the
prison bounds chin which Is aoped ope from
chich depart Such is the freedom Of deliber-
alton and action which it good to his wisdom to
concede He speaks in the imperial style Of
the Caesars to the degraded Senate Of Rome, while yet
the ancient forms Of the Republic were decently pre-
served"
"Does the President claim this important prerogave
of the custody Of the public money! from his power to
the Secretary Of the Treasury and the Treasurer
at pleasure? He has the power also to the
shals Of the courts Of justice Is he therefore, high
sheriff Of the whole nation Is he responsible for the
conduct Of these his dspues May he direct control
them in the execution Of all their duties? May he direct
the marshal proceed to execution Judgment Of death
pronounced by circuit court pending writ Of error in
the Supreme Court because he opinion that the appel
late tribunal has jurisdiction of the cause by the Con-
stitution the laws Or may he forbid him to execute
final judgment of the Supreme Court which he thinks
contrary to the Constitution Questions of this kind
might be multiplied without limit defy the ingenuity
of man to invent argument that will bear examination
for this implied right to the custody Of the public
sure which the President boldly claims of the