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Jax. 12, 1837.)
be a subject for the ebullition of the passions, and passes and of retribution. The long list of arrearages, exinto a character for the contemplation of history. His-tending through four successive previous administrations, torically, then, shall I view him; and, limiting this view to has been closed and settled up. The wrongs done to bis civil administration, I demand where is there a chief commerce for thirty years back, and under so many magistrate of whom so much evil has been predicted, and different Presidents, and indemnities withheld from all. from whom so much good has come? Never has any man have been repaired and paid over under the beneficent entered upon the chief magistracy of a country under and glorious administration of President Jackson. But such appalling predictions of ruin and wo! never has one single instance of outrage has occurred, and that at any one been so pursued with diresul prognostications! | the extremities of the world, and by a piratical horde, Never has any one been so beset and impeded by a power amenable to no law but the law of force. The Malays fu! combination of political and moneyed confederates of Summatra committed a robbery and massacre upon Never has any one in any country, where the administra. an American vessel. Wretches! they did not then know tion of justice has risen above the knife or the bow-string, that Jackson was President of the United States! and been so lawlessly and shamelessly tried and condemned that no distance, 110 time, no idle ceremonial of treating by rivals and enemies, without hearing, without defence, with robbers and assassins, was to hold back the arm of without the forms of law or justice! History has been justice. Commodore Downes went out. His cannon ransacked to find examples of tyrants sufficiently odious and his bayonets struck the outlaws in their den. They to illustrate him by comparison. Language has been paid in terror and blood for the outrage which was tortured to find epithets sufficiently strong to paint him committed; and the great lesson was taught to these in description. Imagination has been exhausted in her distant pirates-to our antipodes themselves—that not efforts to deck him with revolting and inhuinan attributes. even the entire diameter of this globe could protect Tyrant, desput, usurper; destroyer of the liberties of them! and that the name of American citizen, like that his country; rash, ignorant, imbecile; endangering the of Roman citizen in the great days of the republic and public peace with all foreign nations; destroying domes of the empire, was to be the inviolable passport of all tic prosperity at home; ruining all industry, all com. that wore it throughout the whole exlent of the babitmerce, all manufactories; annihilating confidence be able world. tween man and man; delivering up the streets of populous At home the most gratifying picture presents itself to cilies to grass and weeds, and the wharves of commercial the view: the public debt paid off; taxes reduced one towns to the encumbrance of decaying vessels, depriving balf; the completion of the public defences systematicallabor of all reward; depriving industry of all employ- ly commencell; the compact with Georgia, uncomplied ment; destroying the currency; plunging an innocent with since 1802, now carried into effect, and her soil and happy people from the summit of felicity to the ready to be freed, as lier jurisdiction has been delivered depths of misery, want, and despair. Such is the faint from the presence and encumbrance of an Indian popu. outline, followed up by actual condemnation, of the lation. Mississippi and Alabama, Georgia, Tennessee appalling denunciations daily uttered against this one and North Carolina, Ohio, Indiana, Illinois, Missouri, man, from the moment he became an object of political and Arkansas, in a word, all the States encumbered with competition, down to the concluding moment of his po. an Indian population, have been relieved from that enlitical existence.
cumbrance; and the Indians themselves bave been transThe sacred voice of inspiration bas told us that there ferred to new and permanent homes, every way better is a time for all things. There certainly has been a adapted to the enjoyment of their existence, the preser. time for every evil that human nature admits of to be vation of their rights, and the improvement of their convaticinated of President Jackson's administration; equal. dition. ly certain, the time bas now come for all rational and The currency is not ruined! On the contrary, seven. well-disposed people to compare the predictions with ty-five millions of specie in the country is a spectacle the facts, and to ask themselves if these calamitous prog: never seen before, and is the barrier of the people nostications have been verified by events? Have we against the designs of any banks which may attempt to peace, or war, with foreign nations? Certainly, we have suspend payments, and to force a dishonored paper curpeace! peace with all the world! peace with all its be- rency upon the community. These seventy-five mil. nign, and felicitous, and beneficent influences! Are we lions are the security of the people against the dangers respected or despised abroad! Certainly the American of a depreciated and inconvertible paper money. Gold, name never was more honored throughout the four quar- after a disappearance of thirty years, is restored to our ters of the globe, than in this very moment. Do we hear country. All Europe beholds with admiration the suc. of indignity or outrage in any quarter of merchants cess of our efforts, in three years, to supply ourselves rubbed in foreign ports? of vessels searched on the high with the currency which our constitution guaranties, and scas? of American citizens impressed into foreign ser which the example of France and Holland shows to be vice? of the national Aag insulted any where? On the so easily attainable, and of such incalculable value to incontrary, we see former wrongs repaired; no new ones dustry, morals, economy, and solid wealth. The sucinflicted. France pays twenty-five millions of francs for cess of these efforts is styled, in the best London papers, spoliations committed thirty years ago; Naples pays two not merely a reformation, but a revolution in the currenmillions one hundred thousand ducats for wrongs of the cy! a revolution by which our America is now regaining same date; Denmark pays six hundred and fifty Thousand from Europe the gold and silver which she has been rixdollars for wrongs done a quarter of a century ago; sending to them for thirty years past. Spain engages to pay twelve millions of reals velon for Domestic industry is not paralyzed, confidence is not injuries of fifteen years' date; and Portugal, the last in destroyed, factories are not stopped, workmen are not the list of former aggressors admits her liability, and mendicants for bread and employment, credit is not exonly waits the adjustment of details to close ber account tinguished, prices have not sunk, grass is not growing by adequate indemnity. So far from war, insult, con in the streets of populous cities, the wharves are not tempt, and spoliation, from abroad, this denounced ad. lumbered with decaying vessels, columns of curses, rising ministration has been the season of peace and good will, from the bosoms of a ruined and agonized people, are and the auspicious era of universal reparation. So far not ascending to heaven against the destroyer of a nafrom suffering injury at the hands of foreign Powers, our tion's felicily and prosperity. On the contrary, the re. merchants have received indemnities for all former in verse of all this is true! and true to a degree that astonjuries. It has been the day of accounting, of settlement, 1 ishes and bewilders the senses. I know that all is not
[Jan. 12, 1837.
gold that glitters; that there is a difference between a and, secondly, to preserve the people from basty, Jan. specious and a solid prosperity. I know that a part of gerous, or criminal legislation on the part of their reprethe present prosperity is apparent only, the effect of an sentatives. This is the design and intention of the veto increase of fifty millions of paper money forced into cir- power; and the fear expressed by General Hamilton was, culation by one thousand banks; but after making due ihat Presidents, so far from exercising it too often, would allowance for this fictitious and delusive excess, the real not exercise it as often as the safety of the people reprosperity of the country is still unprecedently and tran- quired; that they might lack the moral courage to stake scendently great. I know that every flow must be fol. themselves in opposition to a favorite measure of the lowed by its ebb, that every expansion must be followmajority of the two Houses of Congress, and thus deed by its contraction. I know that a revulsion in the prive the people, in many instances, of their right to paper system is inevitable; but I know, also, that these pass upon a bill before it becomes a final law. The seventy-five millions of gold and silver is the bulwark of cases in which President Jackson has exercised the veto the country, and will enable every honest bank to meet power has shown the soundness of these observations. its liabilities, and every prudent citizen tu take care of No ordinary President would have staked himself against bimself.
the Bank of the United States, and the two Houses of Turning to some points in the civil administration of Congress, in 1832. It required President Jackson to President Jackson, and how much do we not find to ad. confront that power-to slem that torrent-to stay the mire! The great cause of the constitution has been vin- progress of that charter, and to refer it to the people dicated from an imputation of more than forty years' du. for their decision. His moral courage was equal to the ration. He has demonstrated, by the fact itself, that a crisis. He arrested the charter until it could go to the national bank is not “necessary" to the fiscal operations people, and they have arrested it forever. Had he not of the Federal Government, and in that demonstration done so, the charter would have become law, and its he has upset the argument of General Hamilton, and the repeal almost impossible. The people of the whole decision of the Supreme Court of the United States, and Union would now have been in the condition of the peo. all that ever has been said in favor of the constitutionality ple of Pennsylvania, bestrode by the monster, in daily of a national bank. All this argument and decision rest. conflict with him, and maintaining a doubtful contest for ed upon the single assumption of the “necessity” of supremacy between the Government of a State and the that institution to the Federal Government. He has directory of a moneyed corporation. shown it is not "necessary;" that the currency of the To detail specific acts which adorn the administration constitution, and especially a gold currency, is all that of President Jackson, and illustrate the intuitive sagacity the Federal Government wants, and that she can get of his intellect, the firmness of his mind, his disregard that whenever she pleases. In this single act he has of personal popularity, and his entire devotion to the vindicated the constitution from an unjust imputation, public good, would be inconsistent with this rapid and knocked from under the decision of the Supreme sketch, intended merely to present general views, and Court the assumed fact on which it rested. He has pre not to detail single actions, howsoever worthy they may pared the way for the reversal of that decision; and it is a be of a splendid page in the volume of history. But bow question for lawyers to answer, whether the case is not can we pass over the great measure of the removal of the ripe for the application of that writ of most remedial na. public moneys from the Bank of the United States in the tore, as Lord Coke calls it, and which was invented lest autumn of 1833? that wise, heroic, and masterly measin any case there should be an'oppressive defect of jus- ure of prevention, which has rescued an empire from tice—the venerable writ of audita querela defendentis–10 the fangs of a merciless, revengeful, greedy, insatiale, ascertain the truth of a fact bappening since the judg. implacable, moneyed power! It is a remark for wbich I ment, and upon the due finding of which the judgment am indebted to the philosophic observation of my most will be vacated. Let the lawyers bring their books, esteemed colleague and friend, (pointing to Dr. Linn,) and answer is if there is not a case here presented for that, while it requires far greater talent to foresee an the application of that ancient and most remedial writ. evil before it happens, and to arrest it by precautionary
From President Jackson the country has first learned measures, than it requires to apply an adequate remedy the true theory and practical intent of the constitution, to the same evil after it has happened, yet the applause in giving to the Executive a qualified negative on the bestowed by the world is always greatest in the latter legislative power of Congress. Far from being an odi of this the removal of the public moneys from ous, dangerous, or kingly prerogative, this power, as the Bank of the United Siates is an eminent instance. vested in the President, is nothing but a qualified copy The veto of 1832, which arrested the charter which of the famous veto power vested in the tribunes of the Congress had granted, immediately received the ap. people among the Romans, and intended to suspend the plause and approbation of a majority of the Union; the passage of a law until the people themselves should have removal of the deposites, which prevented the bank from time to consider it. The lified veto of the President forcing a recharter, was disapproved by a large majority destroys nothing; it only delays the passage of a law, of the country, and even of his own friends; yet the veto and refers it to the people for their consideration and would have been unavailing, and the bank would inevidecision. It is the reference of the law, not to a com. tably have been rechartered, if the deposites had not mittee of the House, or of the whole House, but to the been removed. The immense sums of public money committee of the whole Union. It is a recommitment of since accumulated would have enabled :he bank, if she the bill to the people, for them to examine and consid. had retained the possession of it, to have coerced a reer; and if, upon this examination, they are content to charter. Nothing but the removal could have prevented pass it, it will pass at the next session. The delay of a her from extorting a recharler from the sufferings and few months is the only effect of a veto in a case where | terrors of the perple. If it had not been for that measthe people shall ultimately approve a law; where they ure, the previous veto would have been unavailing; the do not approve it, the interposition of the veto is the bank would have been again installed in power, and this barrier which saves them the infiction of a law, the re entire Federal Government would have been held as an peal of which might afterwards be almost impossible. appendage to that bank, and administered according to The qualified negative is, therefore, a beneficent power, ber directions, and by her nominees. That great measintended, as General Hamilton expressly declares in the ure of prevention, the removal of the deposites, though Federalist, to prolect, first, the executive deparlment feebly and faintly supported by friends at first, has exfrom the encroachments of the legislative department; pelled the bank from the field, and driven her into abey
Jar. 12, 1837.)
ance under a State charter. She is not dead, but, hold. fear into love. With visible signs they admit their error, ing her capital and stockholders together under a State and, instead of deprecating, they now invoke the reign charter, she has taken a position to watch events, and to of chieftains. They labored hard to procure a military profit by them. The royal tiger has gone into the successor to the present incumbent; and if their love goes jungle! and, crouched on bis belly, he awaits the favor. on increasing at the same rate, the republic may be able moment for emerging from his cover, and springing put to the expense of periodical wars, to breed a peron the body of the unsuspicious traveller!
petual succession of these chieftains to rule over them The Treasury order for excluding paper money from and their posterity forever. the land offices is another wise measure, originating in an To drop this irony, which the inconsistency of mad openlightened forecast, and preventing great mischiefs. ponents has provoked, and to return to the plain de. The President foresaw the evils of suffering a thousand lineations of historical painting, the mind instinctively streams of paper money, issuing from a thousand differ. dwells on the vast and unprecedented popularity of this ent banks, to discharge themselves on the national do President. Great is the influence, great the power, main. He foresaw that if these currents were allowed greater than any man ever before possessed in our Amer: to run their course, that the public lands would be sweptica, which he has acquired over the public mind. And away, the Treasury would be filled with irredeemable how has he acquired it? Not by the arts of intrigue, or paper, a vast number of banks must be broken by their the juggling tricks of diplomacy; not by underfully, and the cry set up that nothing but a national bank mining rivals, or sacrificing public interests for the could regulate the currency. He stopped the course of gratification of classes or individuals. But he has acthese streams of paper, and, in so doing, bas saved the quired it, first, by the exercise of an intuitive sagacity country from a great calamity, and excited anew the which, leaving all book learning at an immeasurable machinations of those whose schemes of gain and mis- distance behind, has always enabled him to adopt the chief have been disappointed, and who had counted on right remedy, at the right time, and to conquer soonest a new edition of panic and pressure, and again saluting when the men of forms and office thought him most near Congress with the old story of confidence destroyed, cur. to ruin and despair. Next, by a moral courage which rency ruined, prosperity annihilated, and distress pro- knew no fear when the public good beckoned him to go duced, by the tyranny of one man. They began their Last, and chiefest, he has acquired it by an open lugubrious song; but ridicule and contempi have proved honesty of purpose, which knew no concealments; by a too strong for money and insolence; and the panic letter straight-forwardness of action, which disdained the of the ex-president of the denationalized bank, after forms of office and the arts of intrigue; by a disinter: limping about for a few days, has shrunk from the lash estedness of motive, which knew no selfish or sordid of public scorn, and disappeared from the forum of pub- calculation; a devotedness of patriotism, which staked lic debate.
every thing personal on the issue of every measure The difficulty with France: what an instance it presents which the public welfare required him to adopt. By of the superior sagacity of President Jackson over all these qualities
, and these means, he has acquired his the common-place politicians who beset and impede his prodigious popularity and his transcendent influence administration at home! That difficulty, inflamed and over the public mind; and if there are any who envy aggravated by domestic faction, wore, at one time, a that influence and popularity, let them envy, also, and portentous aspect; the skill, firmness, elevation of pur. emulate, if they call
, the qualities and means by which pose, and manly frankness, of the President, avoided the they were acquired. danger, accomplished the object, commanded the admi Great has been the opposition to President Jackson's ration of Europe, and retained the friendship of France. administration; greater, perhaps, than ever has been He conducted the delicate affair to a successful and exhibited against any Government, short of actual insurmutually honorable issue. All is amicably and happily rection and forcible resistance. Revolution has been terminated, leaving not a wound, nor even a scar, be proclaimed! and every thing bas been done that could hind-leaving the Frenchman and American on the be expected to produce revolution. The country has ground on which they have stood for fifty years, and been alarmed, agitated, convulsed. From the Senate should forever stand; the ground of friendship, respect, chamber to the village bar-room, from one end of the good will, and mutual wishes for the honor, happiness, continent to the other, denunciation, agitation, exciteand prosperity, of each other.
ment, has been the order of the day. For eight years But why this specification? So beneficent and so glo. the President of this republic has stood upon a volcano, rious has been the administration of this President, that vomiting fire and Aames upon him, and threatening the where to begin, and where to end, in the enumeration country itself with ruin and desolation, if the people did of great measures, would be the embarrassment of him
not expel the usurper, despot, and tyrant, as he was who has his eulogy to make. He came into office the called, from the high place to which the suffrages of first of generals; he goes out the first of statesmen. His millions of freemen had elevated him. civil competitors have shared the fate of bis military op. Great is the confidence which he has always reposed in ponents; and Washington city has been to the American the discernment and equity of the American people. I politicians who bave assailed him, what New Orleans was have been accustomed io see him for many years, and unto the British generals who attacked his lines. Re. Jer many discouraging trials; but never saw him doubt, pulsed! driven back! discomfited! crushed! has been for an instant, the ultimate support of the people. It was the fate of all assailants, foreign and domestic, civil and my privilege to see him often, and during the most military. At home and abroad, the impress of his genius gloomy period of the panic conspiracy, when the whole and of his character is felt. He bas impressed upon
earth seemed to be in commotion against him, and when age in which he lives the stamp of his arms, of his diplo many friends were fultering, and stout hearts were macy, and of his domestic policy: In a word, so tran- quailing, before the raging storm which bank machinascendent have been the merits of his administration, that tion, and senatorial denunciation, had conjured up to they have operated a miracle upon the minds of his most overwhelm him. I saw him in the darkest moments of inveterate opponents. He has expunged their objections this gloomy period; and never did I see his confidence to inilitary chieftains! He has shown them that they in the ultimate support of his fellow-citizens forsake him were mistaken; that military men were not the danger for an instant. He always said the people would stand ous rulers they had imagined, but safe and prosperous by those who stand by them; and nobly have they justiconductors of the vessel of state. He has changed their fied that confidence! That verdict, the voice of millions,
which now demands the expurgation of that sentence silent upon it. Maine, sir, is at one extremity of the which the Senate and the bank then pronounced upon Union, in a high latitude and cold climate; but, sir, she him, is the magnificent response of the people's hearts has a fertile soil, immense forests of timber, with her to the implicit confidence which he then reposed in thousand streams to bear it to the ocean; she is a border them. But it was not in the people only that he had state, skirted by the dominion of bis Britannic Majesty; confidence; there was another, and a far higher Power, she has a large territory (if she was permitted to enjoy to which he constantly looked to save the country, and it) and a boundless seaboard, indented with numberless its defenders, from every danger; and signal events bays and barbors, filled with ship yards, ships, and prove that he did not look to that high Power in vain.
commerce; these lead her citizens to an intercourse with Sir, I think it right, in approaching the termination of the subjects of their royal neighbor, and by them we this great question, to present this faint and rapid sketch are told that we have no Government; that our “ King is of the brilliant, beneficent, and glorious administration deposed;" that our President has been tried and conof President Jackson. It is not for me to attempt to do demned by our Senate, and that soon we sball come it justice; it is not for ordinary men to attempt its histo- under the dominion of their King. However gratifying ry. His military life, resplendent with dazzling events, this thought may be to some in our Union, it has but will demand the pen of a nervous writer; his civil ad few advocates with us. This leads the hardy, industri. ministration, replete with scenes which have called into
ous, inquisitive citizens of the East to inquire, what has action so many and such various passions of the buman our beloved President done! Is it true that the Senate heart, and which has given to native sagacity so many have condemed him! Can it be that he, who has trie victories over practised politicians, will require the pro umphantly carried us through so many perils, and always found, luminous, and philosophical conceptions of a been the people's friend, bas betrayed us at last? Let Livy, a Plutarch, or a Sallust. . This history is not to be us look into it; let us examine the subject! With this written in our day. The cotemporaries of such events inquiring spirit, so peculiar to the people of the North, are not the hands to describe them. Time must first do my constituents will be satisfied with nothing short of a its office-must silence the passions, remove the actors, fair and full investigation of this subject, and a just and develop consequences, and canonize all that is sacred impartial decision of the same. And that I may the to honor, patriotism, and glory. In after ages the his. more readily come to the investigation of it, and not toric genius of our America shall produce the writers wander from it, I ask permission to have the resolution which the subject demands--men far removed from the of March 28, 1834, read from the desk. contests of this day, who will know how to estimate this This resolution, (in these words: “ Resolved, that the great epoch, and how to acquire an immortality for their President, in the late proceeding in relation to the reve. own names by painting, with a master's hand, the im nue, has assumed on himself authority and power not morial events of the patriot President's life.
conferred by the constitution and laws, but in deroga. And now, sir, I finish the task which, three years ago, tion of both,'') holds up the President to the people as a I imposed on myself. Solitary and alone, and amidst usurper; as a 'violator of that constitution which he has the jeers and taunts of my opponents, I put this ball in sworn to support. motion. The people have taken it up, and rolled it for. My first inquiry, Mr. President, is, how was this reso. ward, and I am no longer any thing but a unit in the lution passed in what capacity did this honorable Senvast mass which now propels it. In the name of that ate act' when they passed it? This body bas a legislative mass I speak. I demand the execution of the edict of and executive character, and, in one instance, and in the people; I demand the expurgation of that sentence one alone, a judicial character, viz: the trying of imwhich the voice of a few Senators, and the power of peachments. Although the Senate has a legislative their confederate, the Bank of the United States, has character, yet it is presumed that this body would not caused to be placed on the journal of the Senate, and act in that capacity only on subjects of legislation. And which the voice of millions of freemen has ordered to be this surely could not be such; there is no matter on which expunged from it.
legislative action could be had. If the President was When Mr. Benton had concluded,
guilty of a violation of the constitution and laws, if he Mr. DANA commenced a speech in support of the l had committed high crimes and misdemeanors, no legisresolution, but, after speaking for about fifteen minutes, lation would reach bim; he must be tried by the constiwithout concluding, yielded the floor to
tution and the laws, as they existed at the time of his Mr. GRUNDY, on whose molion
supposed offence. To me it is clear that this honorable The Senate adjourned.
body bad no legislative jurisdiction on this subject. Did
they then act in their executive capacity? No, sir; for FRIDAY, JANUARY 13.
their records show no such proceedings in the execu
tive business. He must have been tried, then, by this The Chair presented the credentials of Thomas honorable Senate in their judicial capacity; and this body CLAITON, elected a Senator from Delaware, in the bas the sole power to try all indictments given it by the place of the Hon. Joan M. Clayton, resigned.
constitution, and when sitting for that purpose, in their EXPUNGING RESOLUTION.
judicial character. The rules of procedure, as adopted The Senate proceeded to the further consideration of served in cases of impeachment, require that at 12
December 31, 1804, in this honorable Senate, to be ob. the special order, the expunging resolution of Mr. Bex. o'clock of the day appointed for the trial of the impeachMr. DANA, who was entitled to the floor, addressed suspended,” and the Secretary shall then administer the
ment, the legislalive and executive business shall be the Chair as as follows:
following oath to the President of the Senate: “You Mr. President: Having so recently taken a seat in this solemnly swear (or affirm) that in all things appertainchamber, and having neither inclination nor skill for ing to the trial of the impeachment of
blic debate, I should most gladly have given a silent you will do impartial justice, according to the constituvote on this subject; but, sir, the citizens of the State tion and laws of the United States; and the President which I, in connexion with my colleague, bave the shall administer the said oath to each Senator present." honor to represent, take a deep and lively interest in this clearly shows, Mr. President, the views which this this question, and I should be thought remiss in my du- honorable body bad beretofore entertained of their own ty, and regaruless of their feelings, were I to remain powers, and at a time, too, when they were cool and
Jan. 13, 1837.)
dispassionate, and about to exercise their high judicial Have they impeached him for so doing? Where is the functions. Here, sir, you find an important fact, that evidence of it? Have they notified the Senate of such the Senate never did exercise their legislative and judi. impeachment? No, sir, they have not done it. The cial functions at the same time; they are distinct in their impeaching power las never acted in this case. They natures, and have ever been so considered by this honor. have not accused the President of any offence whatever. able body, and so exercised by them until the 28th of Where, then, sir, I ask, is our jurisdiction? We have no March, 1834, when, for some purpose, of which I will power to try, until the flouse-the accusing powernot now speak, for the first time, (and God grant that it have impeached; none at all, not the shadow of any jurismay be for the last,) the legislative and judicial func- diction. Can it be, sir, that without even the forms pretions of this body, contrary to their own rules of pro. scribed by this honorable body, without an impeachcedure, and in violation of the constitution, were exer ment, without an accusation of any kind, we have as. cised at one and the same time, and a judicial sentence sumed jurisdiction, tried, and condemned the President is clothed in legislative language. If the object was, of the United States fur a violation of the constitution sir, to bring a bold offender to justice, why not pursue and laws of his country? And shall this resolution re. the legal and constitutional course! Why violate both? main on our journals, or shall it be expunged? Can this But if the object was to exhibit the President as a daring be done? Has this Senate a right to do it? There is no usurper, and unworthy of the confidence of the people, rule of more general application than this. The power this scheme, this project, would seem to have been the which creates can destroy-the power which can make, most probable to accomplish it. But it bas failed, to can unmake-the power which puts up, can put down tally failed.
and why should not this rule apply as well to records as Again, sir, another rule of this body adopted at the to all other cases? unless, sir, it should be a record of same time as the former, requires that a summons shall vested rights, about which we have recently been so be issued to the person accused, which summons shall highly entertained; and I cannot perceive that there are be signed by their Secretary, sealed with their seal, and any vested rights contained in this resolution. I think served by the Sergeant-at-arms. This rule also shows the accused will claim none in this case. clearly that this honorable body never contemplated the I apprehend, sir, that every legislative, executive, and exercise of their legislative and judicial functions at the judicial body have a right to alter, strike out, insert, same time. Then, sir, if this position is correct, the erase, correct, and emend, their records. It is an inhesentence of condemnation contained in this resolution rent, co-ordinate power, without which such bodies could was a judicial act, and could only have been done by a not exist, and transact their business. Is there a time judicial tribunal.
limited, within which such alterations and amendments Again, sir, it is the right of the accused to have the should be made? If so, what is the time? A day? a offence with which he is charged clearly and substan- month? a year? In the history of records, no such limit tially set forth, and to be duly notified of the time and is fixed. I trust, then, sir, such alterations may be made place of trial; to bave an opportunity to appear before at the time deemed most proper by the body to which ihis august tribunal, bear the allegations and proofs they belong. If, then, sir, such bodies have their records against him, and confront his accusers, face to face, and under their own control, why may they not erase, blot then to make his defence. Now, Mr. President, let me out, expunge, at pleasure? Is there any particular form ask, when the Chief Magistrate of this nation was con. or manner in which this shall be done? None. Then, demned, in the resolution proposed to be expunged, did sir, if there is no particular time limited for doing this, this honorable body suspend legislative and executive nor any manner prescribed in which it must be done, business? Did they organize themselves as a judicial the time when, and the manner of doing it, are at the tribunal? Did the President of the Senate tåke the pleasure of the bodies to whom the records belong. If, above oath, prescribed by the rules of this honorable then, sir, we have the power to expunge this resolution, body? Did he administer the same to each Senator pres. is it expedient so to do? ent? Was the accused furnished with a full and clear January 13.--Mr. President, in the remarks which I description of the charges brought against him? Was had the honor to submit yesterday, on this subject, I he notified of the time and place of trial? And was he endeavored to show that the resolution now proposed to permitted to face bis accusers? If not, then, sir, per. be espunged was unconstitutional and informal, and mit me to ask, has ne been tried by the rules presented that the honorable Senate bad a right to amend, alter, corby this honorable body? No, sir; he has been tried and rect, or expunge it, at such time and in such manner as condemned for a violation of the constitution and laws they should think proper. If, Mr. President, I have sucof his country, which he had sworn to support, contrary ceeded in this, one question only remains to be discusto our own rules-rules which this body had adopted sed, viz: is it expedient to expunge the resolution? In for the trial of such offenders as he is accused of being reply to the honorable gentleman from Kentucky, (Mr.
Mr. President, having shown that the President was CRITTENDEN,) I would say, I would not expunge it tried and condemned without form, I will now inquire merely because the Senale have the power so to do, nor if he has been tried according to the provisions of the from party motives, nor for the triumphs of party, but constitution and laws of our country. In what cases, let from a solemn sense of duty I owe to the country, to the me ask, can this honorable Senate act in their judicial President, and to the honorable Senate of the United capacity? Let the constitution answer: “The Senate States. I would expunge it, sir, because the resolution shall have the sole power to lay all impeachments;" and bears on its face a contradiction, a judicial sentence that instrument conveys to this body no authority to try found on a legislative journal, and no evidence that it only in cases of impeachment. Here is the extent of our came from any judicial ir:bunal. It is a sui generis casepower, and here is our authority limited. Yes, sir, we it is a burlesque on judicial trials—it has no parallel; the can try imr.peachments, and impeachments only; but, sir, like is not to be found in the annals of our country. No, can the Senate originate impeachments? No, sir, they sir, not even the trials among our pilgrim fa!hers at Sacannot. The constitution has declared, in so many lem can compare with this case; their fanaticism triumphwords, that “the House of Representatives shall have ed over right, and the innocent fell victims to the prethe sole power of impeachment.' Have they exercised | vailing delusion; but even there the accused enjoyed that power? Have they accused the President of " as. privileges of which the President was denied. The suming on himself authority and power not conferred by accusations were made known to them; a time and the constitution and law, and in derogation of both!" I place of bearing was assigned, and the accused bad an