Western Sun & General Advertiser, Volume 25, Number 16, Vincennes, Knox County, 10 May 1834 — Page 2

lue from members of the Senate to their1 own consciences1, their constituents, and their country. The facts now stated belong to the history of these proceedings, and are important to the just deveiopetnent of the principles and interests involved in them, as well as to the proper vindication of the Executive Department; and with that view, and that view only, re they here made the topic of remark. The dangerous tendency of the doctrine which denies to the "President the power of supervising directing, and removing the Secretary of the Treasury, in like manner with the other Executive offi

cers, would soon be manifest in practice, pro ihe doctrine to he established. The President is the direct representative of the American people, nut tne secretaries are not. If the Secretary of the Treasu ry be independent of the President in the execution ot the laws, then is mere no ui rect rcsnonsibilitv to the people in that im nortant branch of this government, to -which is committed the care of the nation al finances. And it is in the power ot the Bank of the United States, or any other corporation, body of men, or individuals, iiti n 1 1 if a Secretary snail te louna 10 acconi with them in opinion, or can be induced in nraetice to immote their views, to con trol, through him, the whole action of the onvfirnment. fso far as it is exercised by his Department,) in defiance of the Chief JHagistrale elected by the reopie ana responsible to them. But the evil tendency of the particular doctrine adverteo to, though sufficiently serious, would be as nothing in comparison with the pernicious consequences which would inevitably flow from the approbation and allowance by the People, and the practice by the Senate, of the unconstitutional power of arraigning and censuring the official conduct of the Executive, in the manner recently pursued. Such proceedings are eminently calculated to unsettle the foundations of the government; to disturb the harmonious action of its different Departments; and to break down the checks and balances by which the wisdom of its framers sought to cu Sure its stability and usefulness. The honest differences of opinion which occasionally exist between the Senate and the President, in regard to matters in vhich both are obliged to participate, are sufficiently embarrassing. But if the course recently adopted by the Senate shall hereafter be frequently pursued, it is not only obvious that the harmony of the relations between the President and the Senate will be destroyed, but that other and graver effects will ultimately ensue. If the censures of the Senate be submit ted to by the President, the confidence of the people in his ability and virtue, and the character and usefulness of his administration, will soon be at an end, and the real power of the government will fall into the hands of a body, holding their offices for long terms, not elected by the People, and nut to them directly responsible -If, on the other hand, the illegal censures of the Seriate should be resisted by the President, collisions and ancrv controver sies misfit ensue, discreditable in their progress, and in the end compelling the DConle to adopt the conclusion, cither that at1 their Chief Magistrate was unworthy of their respect, or that the fcenate was chargeable with calumny and injustice. Either of these results would impair public co. fidence in the perfection of the system, and lead to serious alterations of its frame work, or to the practical abandonment of some of its provisions. The influence of such proceedings on the other Departments of the government, and more especially on the States, could not fail to be extensively pernicious. When the judges in the last resort ot official misconduct, themselves overleap the bounds of their authority , as prescribed by e constitution, w hat general disregard of its provisions might not their example be expected to produce? And who dues nut perceive that such contempt ot tne federal constitution, by one of its most important Departments, would hold out the strongest temptation to resistance on the part of the State sovereignties, whenever thev shall suppose their just rights to have been invaded? Thus all the independent departments of the government, and the -Staes which compose our confederated -Union, instead of attending to their approbate duties, and leaving those who may ..iVeud, to be reclaimed or punished in the' manner pointed out in the constitution, would fall to mutual crimination and recrimination, and give to the people, confusion and anarchy, instead of order and Jaw; until at length some form of aristocratic power would le established on the rruinsof the constitution, or the States be broken into separate communities. Far be it from me to charge, or to insinuate, that the present Senate of the UnitP.l States intend, in the most distant way, a i.nf.nnrnim sur.h a result. It is not ot VV ! thetr motives or designs, but only ot the tendency of their acts, that it is my duty to speak. It is, if possible, to make Senators then.'. Ives sensible of the danger which lurks under the precedent set in their resolution; and at any rate to perform my duty, as the responsible head ot one )f the co equal departments of the .government, that 1 have been compelled to -paint out the counsequences to which the -discussion and passage of the resolution tnay lead, if the tendency of the measure be not chocked iu its inception. Jt is due to tht high trust with which I liave been charged; to those who maybe called to succeed me in it; to the lie preventatives of the people, whose constituVoxiai prerogative baa been unlawfully as

sumed ; to the People and to the Str-CR;J

and to the constitution they have eslab-ja lished; thit I should not permit its provisions to be broken down by such an attack on the Executive Department, without at least some effort "to preserve, protect, and defend1" them. With this view, and for the reasons which have been stated, I do hereby solemnly protest against the r " .: j .j- . . .r.i. (J aioreii.eiuioui-o pioeecuin;s ot uiu oowaio, ( as unauthorized by the constitution; contrary to its spirit and to several of its express provisions; subversive of that distribution of the powers of government which it has ordained and established; destructive of the checks and safe-guards by which those powers were intended, on the one hand, to be controlled, and on the other to be protected; and calculated by their immediate and collateral effects, by their character and tendency, to concentrate in the hands of a body not directly amenable to the people, a degree of influence and power dangerous to their liberties, and fatal to the constitution of their choice. The resolution of the Scna'e contains an imputation upon my private as well as upon my public character; and as it must stand forever on their journals, I cannot close this substitute for that defence which I have not been allowed to present in the ordinary form, without remarking, that 1 have lived in vain, if it be necessary to enter into a formal vindication of my character and purposes from such an imputation. In vain do I bear upon my person, enduring memorials of that contest in which American liberty was purchased in vain have I since periled property, fame, and life, in defence of the rights and privileges so dearly bought in vain am I now, without a personal aspiration, or the hope of individual advantage, encountering responsibilities and dangers, from which, by mere inactivity in relation to a single point, I might have been exempt if any serious doubts can be entertained as to the purity of my purposes and motives. If I had been ambitious, I should have sought an alliance with that powerful institution, which even now aspires to no divided empi e. If 1 had been venal, I should have sold myself to its designs had I preferred personal comfort and official ease to the performance of my arduous duty, I should have ceased to molest it. In the history of conquerors and usurpers, never, in the fire of youth, nor in the vigor of manhood, could I find an attraction to lure me from the path of duty; and now, I shall scarcely find an inducement to commence their career of ambition, when grav hairs and a decaying frame, instead of inviting to toil and battle, call me to the contemplation of other worlds, where conquerors cease to be honored, and usurpers expiate their crimes. The only ami i'ion 1 can fee!, is to acquit myself to Ilim to whom I must soon render an account of my stewardship, to serve my fellow-nun, and live respected and honored in the history of my country. No; the ambition which leads inc on, is an anxious desire and a fixed determination, to return to the people, unimpaired, the sacred trust they have confided to my charge to heal the wounds of the constitution and preserve it from further violation; to persuade my countrymen, so far as I may, that it is not in a splendid government, supported by powerful monopolies and arist i ratic establishments, that thev will find happiness, or their liberties protection; but iu a plain system, void ot pomp pro'ecting all, and granting favors to none dispensing its blessings like the dews of Heaven, unseen and unlelt, save in the freshness and beauty they contribute to produce. It is such a government that the genius of our people requires such an one only under which our States may remain for ages to come, united, prosperous, and free. If the Almigh ty Being who has hitherto sustained and protected me, will but vouchsafe to make my feeble powers instrumental to such a result, I shall anticipate with pleasure tho place to be assigned me in the history of my country, and die contented with the belief, that I have contributed, in some small degree, to increase the value and prolong the duration, of American Liberty mf To the end that the resolution of the Senate may not be hereafter drawn into precedent, with the authority of silent acquiescence on the part of the Executive Department; and to the end, also, that my motives and views in the Executive proceedings denounced in that resolution, may be known to my follow citizens, to the world, and to all posterity, I respectfully request that this Message and Protest may be entered at length on the Journals of the Senate. ANDREW JACKSON. April 15th, lfc31. CONGRESS. SENATE. Monday, April HI, 1S31. The following mexage explanatory of the protest sent on the ISth inst. was receded from the President of the United States, by Mr. DjucIsou, his Private Secretary. To the Senate of the Vnitcd States: Having reason to believe that certain passages contained in iuv Message and Protest transmitted to the Senate on the 17th instant, may be misunderstood, 1 think it proper to ftate, that it was not my iutentiou to deny in the said message, the : power and rights of the Legislative De-) partmcnt to provide by law for the custody, I safe keeping, and disposition, of the publie money and property of the United States.

Although I am wcii satisfied that such

constuction is not warranted by any thing contained in that message, yet aware

from experience, that detached passages out of his hands for twenty years, rcservof an argumentative document, when dis- ing the right to resume it to the Secretary connected from their contcxt,and consider-1 of the Treasury, and to him only, ed without reference to previous limita-1 The President has caused thc Secrctary lions, and the particular positions they j to take it out of the hands of Mr. Biddle were intended to refute or to establish, and hand it back to Congress.

may be made to bear a construction, vary-1 mg altogether from to sentiments really j entertained and intended to be expressed; and dteply solicitous that my views on : this point, should not, either now or here after, be misapprehended, I have deemed it due to the gravity of the subject, to the great interest it involves, and to the Senate as well as to mvsclf,to embrace the earliest opportunity to make this communication, I admit without reserve, as I have betore done, the constitutional power ot the Legislature to prescribe, by law, tho place w . . . r or places in which the public money or other property is to be deposited; and to make such regulations concerning itscustody, removal, or disposition as they may think proper to enact. Nor do I claim for the Executive any right to the possession or disposition of the public property or treasure, or any authority to interfere with the same, except when such possession, disposition, or authority, is given to him by law. Nor do I claim the right in any manner to supervise or interfere with the person intrusted with such property oi treasure, unless he be an officer whose apponintment is under the con-titution and laws, devolved upon the President alone, or in conjunction with the Senate, and for whose conduct he is constitutionally res ponsible. As the Message and Prolcst referred to may appear on the Journals of the Senate and remain among the recorded documents of the nation, I am unwilling that opinions should be imputed to me, even through misconstruction, which I do not entertain, and more particularly am I solicitous that I may not be supp-ised to claim f r myself, or my successors, any power or authority not clearly granted to the President by the constitution and laws. I have therefore respectfully to request that this communication may be considered a part of that message and, that it may be entered therewith on the Journal of the Senate ANDREW JACKSON. April 21sr, 1S31. From the 7W;r ork Evening Post. THE PROTES T. Every judicious and impartial man, we think, must be struck with the immeasurable superiority of the papers put forth by the President in vindication of his character and measures, over the angry, vindictive declarations of the Bank writers and Bank orators. Manly, temperate, argumentative, and eloquent, they carry with them irresistible conviction of a clear understanding, influenced and directed by the strictest sense of right, and the purest motives of patriotism. They display a deep and masterly view of the constitution and laws, animated by a settled determination to support them at all hazards; and while they evince a thorough knowledge of their spirit and nieaniiNTord indubitable evidence of a cairn, X a vincible purpose to abide by them ttlrough every extremity of calumny and persecution. Thee admirable State papers are answered by passionate declamation and personal scurrilities on tho part of his opponents. Instead of meeting him on the ground of constitutional principles, thev call him Ty rant,' Usurper,' "Despot," and reply to his arguments by invectives, or by sophistries so palpable, that even darkness cannot veil their falsehood. His vetoes on the internal im provement, the Land Bill, and on the act rechartering the Bank of the United btates, were sustained by constitutional arguments, based on constitutional principles, that altogether furnish one of the clearest, most conclusive expositions of the true intent and meaning of that and meaning great instrument that has ever been given since the publication of the Federalist. In these he has again rescued from that oblivion into which they were fast declining, those fundamental principles of Liberty and Equal Right which had become buried under a mass of interested projects, partial monopolies, and sectional interests, and vindicated the original purity of the constitution. For ibis the People owe him an immeasurable debt of gratitude, and if we do uot misiake, thev are ready to pay it with all their hearts. Amoug tlit? most eloquent and nnsterly of these siate papers, is the Protest of the President against the crut l mockery of the late resolution of Mr. Ciay, in which the Senate of the United States, as a Legislative body, have prejudged a question on which they may hereafter be called upon to decide judicially. The venerable old patriot, bending under the weight ol years and hard-sarned honors, comes forward again to vindicate his own charac ter, and with it the violated sanctity of the constitution, witli uuich he has made j common cause, and with which he is re- j solved to perish or become immortal. hi this admirable paper he exposes, uv a se ries ot arguments, authorities, and precedents, the cunning, malignant, and dastardly maimer in which the constitution j has been violated or invaded, fur the pur pose ot wounding his teelings and stabbing his fame. "THE PURSE AND THE SWORD The Bank party constantly charge the President with usurping tne purse and the sword. What arc the facts i

Congress in the Bank charter, handed

the purse over to Nicholas Biddle of hi predecessors, and promised not to take it At thU moment, it is in the hands of Congress to be disposed of as they please, Yet, these impudent Bank Attorneys are constantly declaiming that the President has taken it out of their hands, whea he has in fact put it in! Instead of making all this noise, why do they not use the power the President has restored to them, and bind up the ex ecutive by laws so strict that abuse cannot find a loophole to creep in at? To prevent ; abuses is not their obirct. Globe. FROM THE GLOBE. LETTER I. To the People of the United States, on the President's Protest. Countrymen: Through electors chosen by yourselves, you elect the President of tne U States. By your own direct vote, you elect the members of the House of Representatives in Congress. Your President is elected for four years, and your Representatives for two. These are the only portions of the General Government which are directly responawie to you. 1 rev. ire the .niv rep resentatives of the THE PEOPLE. The ; President being elected hv electors, gene rally chosen by majorities in each of the States, and the Representatives being generally elected by majorities in each of the Congressional Districts, can scarcely faii, especially when they act in concert, faithfully to represent the majority of the American People. While the Judges are placed wholly beyond the reach of the people, the members of the Senate are in a portion little better. They are elected by majorities of the State Legislatures for the long terms of six years. They are not responsible to the people, but to the States. They do not even in theory, represent a majority of the people, but of the states. The State of Rhode Island, with 0,000 inhabitants, and two representative-. ha as strong a vote in the Senate as Nov York with 1 ,-.200,000, and torty representatives. It is the theory of our government, thnt no law shall be passed without th; concurrence of a ma jority of the People and a majority of the riatcs. under si-h an organization, it was supposed thai ihe lit er.ies of the people and the rights of the S:atcs would be effectually secured. Your Pn-idenf, elected bv vcu and responsi; le to you, since the last session of Congress, has caused the deposites ofpub!ic money to be made in the State Banks instead of the Bank of the United States. Your representatives elected by von and respjiisihle to you, have so far approved the act as to decide by a decisive majority , tint they ought not to be restored. Bv your elections last autumn, after the act was done, you gave every possible indication as far as you had opportunity, of yoar approval. Several of the States which approved the act, dis'rusting the fidelity of their Senators, directly instructed them to sustain it; and those States, added to such as were known to be represented iu the Senate by members approving the act, made up a majority of the States. Th us was the act of tho President sustained bv a maj irity of the people, and the representatives of the peop!e,and by a majority of the States. Oaght not al: official opposition to this measure to have ceased, according to every pnuciple which is held sacred in this or any other lree ! government? Who shall say to a major ity ot the people and a majority of the States, that the acts which they approve are usurpation and tyranny? A majority of the Senators have done this thing. They have condemned that which a majority of the people and of the States have approved. To arrive at this result, a portion of that body have cast olfaud repudiated all responsibility to anyearthly power. The instructed Senators admitted not to be responsible o the peopie, have practically and avowedly denied their responsibility to i tie Siatcs." They have disobeyed direct written instructions, in one instance reiterated, commanding them to sustain what they have attempted to overthrow. They set themselves up l gainst the President, against tho House of Representatives, against the States they represent, and against the people themselves! Clothed with uower fur a lon term, in a position from which they cannot t;e readily expelled by the people or the States, they declare themselves independent of all responsibility, and attempt to make their owi will the law of this great republic! It would seem to be enough, that Senators should venture, in violation of the mi st ructions of their constituents, to condeuin an act of the President, approved by his. They have not only condemned the act, but h ive charged the President with a violation of the constitution and laws in causing it to be done! In one resolution they declare the reasons given for the removal of the deposites unsatisfactory and iiisutiicient, after the States they represent had declared them to be satisfactory and udi ieut; and iu another they speak as follows, viz. "licsolccd, That the President, in the late EveeutKC proceedings iu reiaiijii to ine puuuc revenue, has ass.imed Uoa I himlclf autlioiity and power no: cuail-r-j

red by too constitution and lawf, but in derogation of both."

Thus do men wh' misrcnrcsent their own constituents, venture to denounce tho President for fidelity to hit. Thus do men who make their own will the law, denounce the President as a violator of the constitution and laws of tho country. Thus do men, who are not responsible to the people, prejudge and condemn tho Reorescntativeof the people at the head of the government, in opposition to tho t people themselves and tneir representatives in tho other branch of Congress. Countrymen, it becomes you to look into this matter. to examine vour constitution and sec who it is that is usurping p -vers in derogation of that instrument. Sec whether it bo your President or h'u Senatorial accusers whether it is he or they who arc iolating the fundamental principles of our institutions, and expo-ing; the liberties ot the people to imminent peril. If it be your President, then will you hold him responsible; if it be a set of inert who arc not responsible to you, and deny their responsibility to the States ho are attempting, for the purpose of protecting a corrupt moneyed power, to cut off your control over your oirn government by usurping the jwwers of your Representatives, they will take care that they shill not succeed. In my next letter I shall endeavor to show that the Senators of the majority have themselvc s violated the constitution, by assuming a power w hich belongs exclusively to the House of Representatives. JEFFEUSOX. JVo.7i the Methodist Correspondent. Apple Trees. As the orchard is to tho husban Jman a great convenience, ag well as a considerable source of profit, it is worthy of his particular attention. By taking pains iu the selection of trees, he can havo a good quality of fruit, for about the samo expense as an inferior kind; the product ol the orchards will then not only bemcro desirable to the consumer, but' more profitable to the owner. In making selections, three considerations should be attended to: I, Is the apple a good bearer? t, Is it a good keeper ? 3, Has it a good flavor? A deficiency i:i any one of these qualities renders it comparatively worthless: and that which unites these three qualities to the greatest extent may be regarded as the best kind of fruit. Experience shows, that trees that do well in one latitude, or situation will not do so well when removed lo another. We should therefore endeavor to ascertain what kind is suited to the climate whero we w ish to cultivate them. No man probably, in the valley of .Muskingum, has taken marc pains to cultivate the orchard than the late John Mathews. He procured grafts from every part of the United Statej where he could hear of fruit that was well recommended, a considerable portion of which turned out to be hardly so good as the common fruit; probably because removed from the climate or sLil to which it was adapted. The result of his experience was, that the Newtown Pippin was the most profitable apple in his orchard: it is a lirst rate bearer, a first rat keeper, and has a tolerable flavor. Were we at this date to choose for an orchard, our experience aud observation would lead us to select the Romanite, Newtown Pippin, and Rockramain theso shoulJ make the greater p ortiou of it;they all keep laje in the season. Th latter was brought by Gov. Worthington from Washington city, to Ohio, and is -aid to be the best apple that could be procured for exportation to the West India Hands. One peculiarity of this tree i, it d.n's not hud until the leaves of others arc ucirl v fill grown; this prevents ihe fruit from bein killed in the spring by tho late frosts, which is the way it is usually destroyed ia this country. S me eight years ago. when there wa nearly an entire failure of the apple crop, in me csr, we called on Johu Urou5o Sen., an experienced farmer, near Chillicoihe, who had probably fifty or one hundred of the Rxkramaim in his orchard; from these he had, that y ear of scarcity, plenty ot apples. He informed us they sent from the seat of government to him for fruit. He stated he should be glad he had no other kind in his orchard, except a few trees for passing use. A short time since, we saw in the neighborhood of Hillsborough, Ohio, a kind of fruit called the "Never Fail," from the fact that the tres were annual bearers. On examination we found the.n to be tho Rockramain. A few of the grafu of this tree are growing in this vicinity. Curious Agency. A letter, published m the New York Journal of Commerce, from an emigrant from tho United States) now residing in Texas, describes tho country as a paradise, and urges his friends to come and enjoy the fat of tho land. He writes, -Bj sure to bring out all the vegetables, garden and fruit seedj. Also one wife for me, handsome, 2lc Mother kuovvs what will s iitinc.' The M irblehcad (Mas-.) Gazette states that there is not a smg!e lawy er in that place. The last one emigrated fr want of patronage The town contains upwards of 5,001) iu habitants. A Quaker once hearing a person tell how much he feit for another who wassullenu tit ... am! ueeuea nis assistance, drily observed to him, "I rieud, hast thou felt ia thy puc. uci xor mm i