Western Sun & General Advertiser, Volume 25, Number 18, Vincennes, Knox County, 24 May 1834 — Page 1

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BIT SSaSHU STOUT.) VXHCBNSJIsS, SATURDAY, 2S, 1832. VOL. ZZTT. KC. 18

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be continued until ordered out, and must be paid fr accordingly. I,? ST OF AGENTS. JoUn Murphy, Washington, Ind. John Van! tecs, do do. John Arbuthnot, Piinceton, Ind. ywTohn I. Neely, do. Thomas Cissel I, Mount Pleasant, Ind. Fost-M.i-ter, Owl Prairie, Ind. Post-Master, Bloomlield, Ind. Post-Master, Sandersv itle, Ind. Posi-Master, Owensviile, Ind. Post-Master. SlinkanPs Mil1?, Ind. Jesse Y. Wil'oorn, .Mount Vernon, Ind. Levi Price, Eva'tsvillc, Ind. John IV. Divis, Carlisle, Ind. Isrnr; O.l-J, MoTom, llld. Pa- -Muster, T'TIUm1-; Crock, Ind. John C. IX' ilcy, I.awrenceville, III. Po-'-M P. c-ume, III. Pos M i.-S r, IV' nviile, Ind. Po:-! is r. It ."kp-.r, Ind. Lewi i p. m.Wa--;! ini'trv, Ind.

States in depusite with the Bank of the the quo animo of the officer performing j thcr venture to say, that that majority, so United Shitcs and its 1 mnches, in confor-1 the act complained of, could not be mate-1 acting, were sustained by the People.

mtty with the President's opinion, and by 1 rial. I he w rong w ould not Le less, or! 1 assume, tn the second place.

appointing his successor to effect such re-! the remedy different, wlfethcr the action

moval, w hich has been done, the President i should proceed from design or ignorance.

has assumed the exercise of a power over If, therelore, the determination of the ex

the Treasury of the United States, not

granted to him by the constitution and laws, and dangerous to tho liberties of the People."

This, said Mr. ., is the resolution,

That the resolution, if such as the Senate rould properly entertain, is irrelevant

to the subject hetore this body, and in rc-

rannot properly actwpun it legislatively, that fact proves the resolution to be judi-

and I consider it, in the broadest sense, ! cial, until "hat point shall be judicially

istenca or not of the quo anirxo, in the acts J lation to which it purports to have been

recited in the resolution, be material to ; introduced, and, therefore, s-hould not be

the question whether the Senate can, or ; entertained.

judicial, so fir as the action of the Senate

upon it is concerned. J, therefore, preliminarily, lay down the following proposition, which I believe I shall be able to sustain, not only from the language and import of the resolution itself, but from an examination of the grounds upon which its friends seek to justify that action by

this bodv. Mv proposition is.

decided. And as no object of legislation

is either proposed, or to oe accomplished, by the passage of the resolution, any action of the Senate upon it, suing to decide this preliminary question of the quo ani-

The special order before the Sanatc is

the report of the Secretary of the Treasury, assigning his reasons (or the .ch inge of the deposites of the pui lie moneys of the United Slates from the Bank of the United States. It has no reference whatever to the

President, the late Secrctarv of the Trea-

vi o j is clearly a judicial action, and there-j sury , his appointment or removal, or to fore an assumption of powor in violation j the appointment of the present Secretary.

of the constitutional powers of the body' It relates solely to a single oiTieial act of

The-position concejes that if the quo j Ins own, the change of the deposites; and

Fhat the resolution contains matter of j anhno be assumed, the question would nc j merely assigns, in obedience to an ex-

impeachment, and matter of impeachment i judicial, while the resolution, the quo ani

onlv, ?tnd therefore that it is unconstitu-! mo being adilcd, would, according to a

further ntimisi'-n by the ground taken, be

tioual f r the Senate to act upon it, other than judicially, and upon an impeachment

sent up from the House ol Kcpresenta

tives.

Art. l,sec. 2, clause 5, of the Conslitu

not only an iinpeachmeu', but a judgment

of condemnation uuon the charges made.

J It follows, then, irresistibly, that the ac

tion of the S-.Miate legisbi'it e!y , woubl be

may happen during the reec cf )u; Senate, by granting cunmissi'n., which jha!l expire at the end of their next scsi in.1' The President then had power to ap point a Secretary of hc Treasury in tho place nf the 'ae Secretary removed, and in this act he did not "assume the evereisa of a power,, ,4not granted to him ly tho constitution and laws."

When then lias the President 44assumed the exercise of a power oer the Treasury of the United States not granted to him by the constitution and law,? It has not been rontended that, ince the .iv.mtmcntof the new Seiretary, nv in ney has been drawn from the public Treasury, but by his direction. His report tcf.ro the Senate show s that the deposites were changed by his order, and gives to Conpress his reasons fr the act; though it hould be borne constantly in mind, ihat the change of the deposites took not on

press requirement ot law, his reasons lor dollar from the Treasury.

that act. It savs nothing ot his nrede-

tion of the United States, reads as follows: ' a judgment of acquittal, us to ilie quo antkThe House of Representatives shall I wo, aiid that j'.dgment is as much judi

cial as a judgment ot condemuahon could ; ie. A nam, therefore, I repeat, tint the Senate cannot act upon this resolution constitutionally, in any other th::n its capacity of the high court for the trial of impeachments. The Senator says, thirdly "The Senate may act upon the resolution, Ixjcause iho President may n t be impeached, eve. 1 if the act and the quo ani mo are i.oth found against him " Here we meet a most suunular reason for action. The court will conuemn the accused, because the grand j try may not fitvi a hiil uiaiiit him: the Senate of the United States will convict the President of the United Spates of a flagrant violation of the C'U-tif .tion of the United States, oeeau-a' the Hou-c of Uejireseutatives, those who hoid in tiieir It m Is the voice of 'he People of the country, 7nay

ftp K rcr. if

ITViVi. of AV;r I "or.v, relative lo the removal of the Deposites from the Bank of the United States.

IS SENATE. Wednesday, March 2l, IS34. The Special Order, con-istins of the report of the Secretary of the Treasury, assi mini: hi reasons f ir the chance "f the deposites of the public money f 1- i 1. .r .I,., it, c.t.v. ..

1 . V, , , . wn urcly be nothing less, tin Me Banks and the two resolutions J . . .f .

cn-'t-e ilieir JSpeauer and otlier I'liicers, and shall have the solcpoirer of impeachment" Sec. 3. clause G, of the same article, says : "The Senate shall have the sole power to try all impeachments1 Here, then, sir, arc the constitutional divisions of power betweeu the two branches of Congress, as to impeachment. D'.'Csthe resolution under consideration contain impeachable matter, so as to call upon these powers to enable us properly to act up ' i ? It charges ihat "the President has assumed the everM ' of a power over the Treasury of the United States, not granted to nim by the constitution and laws, an djuerons 10 the liberties of the pco A.td that he has assumed tie? exercise

ui ;h;t p.iwcr 44bv dismissing the late Sv C.

retary of the Treasury, because he would j reason ior action is still more sieg'ilar. not, comr.rv to his sense of his own htty, j The r.ction of the Sen.4,0 is projicr, remove tii moiicv of the United States in I "bccat.so a call upon the Senate b act

with the Bank of the Uniied j judicially :u this instance, depends upon

u run'mMi.'v which no one now expects

will happen.'

cessor in office, of u hat he would or would

not do, or what was or was not his sense of duty. It makes no allusiuti to him vv httever. Where, then, is the relevancy of this rc-olntion to this special ordert 1 next assume that the resolution, if within the constitutional jurisdiction of the Senate and relevant to the subject of the special order, is erroneous in both of its conclusions, and in the fact assumed, up

on which the conclusions depend. The fact stated, is, that the President 'assumed the exercise ot a power u er the Trer.surv of tho United States,' and the se.ts3 in which the charge is made, is

learned from the lanjiuae of the advo rates v f the resolution. The President is said to have taken possession of the pui) he money; to have opened the public treasury, and taken therefrom its contents; to have united the sword and the

1

urn : 10

not impeai ti him. But again, the toartli

oep-.site

States :i ml i.a !,r:iiif!iiS- in niiiliit initv v. i'.ti

-

the President's opinion; and

ing his successor to e fleet such removal, which has been clone."' The first of these c hares, if well made, must ; e a hijjh crime. An assumption of a power over the Public Treasury not granted br the Cimstitution and laws, and ; 1 onerous to the liberties of the People,

shade.

inito.v o lbv Mr. Chu upon the same su' i v 'Cirj crvler consideration. Mr. WiUvUITsaid, he rose with unfeigned reluctance to address the Senate; that t'nedexa'e had been sol n protracted, ani had been so ft'l an. I able upon a1! the poiats involvo.i in the discussion, that lie felt lulh conscious he could nivc no liht, and add no interest t what ind been already advanced. He would have declined troubling the Senate at all, at this s air ot the debate, were it imt thi he Cvmsi 'ercd the first resolution as parlio ularh iv ejt'ionable in every sense i 1 which he bnd been able to view it. He had. at :.n e.rl nerii of the debate, in-

tei ded tv j.ffer his views at larc upon the whole s 1; ject, and he had made some

prepare 10 is to tu'.m tnar inTenn ai, u lb: er : ' s of the discussion had ind cc'I him to abandon position after ,csiii i. vhi 'li i: had been hi p trpose to oceupv, in 'i.seu'UMce of the full and aide views

This throws the last proposition into the

Here the sentence ot coii'.I -rnna

tion is to iie pronounced, because -no one expect? the grand inquest wtil even indict. The Senate of the Unite ! States

;reir couvic-. lite President of ihe United Suites ot a fl. tyrant violation of the cn-

s'nuii ui, ei ausc no one expects me removal of a j House of Representatives will impeach for an insulli ! him. Si ran.:e cause inticed for perform

ing judicial duties in a legislative character. The Senator has told us of the "bleeding constitution id" his country;' and is this the way in which the wounds of that

Hc-

I he second, to wit, th

Secretary of the Treasury

cie-U cause, and under the ielluenve of;m improper motive, viz: to acquire a power iver the public Treasury "no; granted by the constitution and lav.:-, and dangerous to the liberties of the people," if sustain-

... . . 1 t m

e;l iss barn-iM . cannot be less than a bti-h ' instrument are to be heaietl is an a

mi i-icuieauor. gcd violation of the constitution by the Art. 2, sec. -1, of the Constitution, says :j Executive to be cured by a palpable vio"Th j Presiilent, Vice President, atid all j lotion of that instrument bv the Senate? civil "hir ers of the United Slates, shall Wili the Senate sanetijn s.'-h reasons for

e removed from otlice on impeachment aciing upon such a resolution?

t.Aiv n 0l ,,icm uy hcrs. until be bad I bi.ughthimcif t-.-the conelusi u to con1111' hi-' remarks wholly t. the first of th' resotuti.'.'is 4iere d by 'he bj.-.ator from ILeniucl- y. He hi I come t thi conelusi definitively, af'er dte very able argu

ment of his honorable colleague, recent!)

inado Scua:e, upon all the gnv.inds covered be the second resolution, and gc crillv etn'o'cing all the reas cjs ol 'he Secretary of the T'vas;,ry. He could add itothitig to that argument , and any attempt, on his part, to do so, would 1 e more likelv to weaken the position- whieu h id neen so well defended, than to secure the detenccs already, in h;s judgment, snflir'iently imprciinab!e. Mr. V. also sai.i ite di1 not fect to advance any thiii in relati ':. to the fust resolution which Ind not before, in the course of th? debate, be n sugesied, but he ilid hope to ..ff r a more detailed and connected arg 1-in-Mit npvu that single point tlno h-.U '. e -a

fr, :s.:J convi-ti n of, 'reason, tribery, or otiur higli crime and ?ntsde:ncanors." The- .!v eates for the reselo:ion do not e'env Ih tt it contains impeachable matter, . rat thev lustifv he action of the Senate,

as ;hey s;: , "legislatively,"' upon it. j Th ( h-T.orai'do Senator frm Keatuckv j

(Mr. C

' p n "he r- lotion to jjrotect its

tive noaers.'"

ii is !Ui pr"t,,ndcd that the legislative

: .".vers ol tne borate nave oeen as:uen

But the Senator from New Jersey (Mr. Sostthani) sanctions th same idea by the following language : "It is "i jected to the flrst resolution, that the Senate ought not to act upon it, because this body may be called upon to

1 .i.t iin,.ii tir ci itjo mri 1 f pr i r: I it 1 1 1 !Plnrr

savs, "the berate ought t- act 1 . ' , . . A - s it 1,1 t in c mnp fA no irnoeaehinent- A:i

,,,v- -u impeachment of who.ii?" says the S .uia-

tor;'an inieachment of Andrew Jackson? j

legisia-

p irse of ih co-'.ntry in the samti ha

h ive ro:e u.l the treasury, and taken into

! his u wn keeping the money of the people.

.Now, saiu Mr. ., in this sense, I allirm that the President has exercised no power whatever over the treasjry of the Utiited States. Wli it acts are mentioned us eonstituting this idiarge?. The resolution rcci'es that the President removed "from ofliee tho late Secretary of the Treasury. One ot the earliest debates in the first Congress, convened under the present constitution of the United States, was upon the question of tho power -f the President to remove from olnce, according to the provisions of that constitution. The

question was decided by that Congress in

favor of tho power, as a pirt of "the Executivc power" vested in the President by j that instrument, and the whole practice of the government, and of every President,, from Washington to the present incumbent of that high ofliee, has been in conformity with that decision. The power was decided to exist, and to be derived from the constitution itself. It is particularly worthy of remark, that the po er to remove the Secretary of the Treasury occupied a conspicuous

place in the debate, and furnished a very considerable portion of the argument of the speakers upon both sides of the question. The decision, therefore, was made after full argument as to the power to remove thi very officer.

The President, then, in the removal of

the late Secretary of the Treasury, did not "assume the exercise of a power not gr mted to him by the constitution and the law." But a removal of the Secretary of the Treasury docs not enable the President to "ain access to th Treasury ol th United

The resolution does not assume tuttcc.

an act of infringement upon the legisia tive powers of the S-'tiate. It assumes cxeeutivc encroa Mments, and executive encroachments only, and proceeds at once to pronounce judgm it upon them. It pro-

p-vsns 11 legisiaTivc act. nor uoes it assent

an legislative , "nvcr. If, then, the Senale have the right to protect its legislative p avers, as it no doubt has, this resolution neither assorts the right contended for, nor memio.'s the violation against which protection is required, nor does i propose inv sort of protection. It does not. there

fore, cuik in ain sense, within this prin-

n impeachment of Roger B. Taue ?

i.ft-iii - ....

' j Look at the ntstory cd th countrv ? Diri -'.o1- 1 : ' . .

anv one ever hear of the impeachment of

those who stand in an overwhelming majority ? No, sir Such persons have a shield impenetrable to the Senate." Here we havcthe principle fully developed. . The Senate is to proceed to judgment of condemnation against the President, because the Representatives of . the People will not impeach him, because an "overwhelming majority" of the People themselves, whom they represent, are in favor of tho President, and approve his conduct. If anv cause can be mure sure than an-

cioleof the Senator, and the action of the other, to render the Seuate odious to the

eff-red v thoewho had preceded him. ,.vo ;,,?,). the intention to violate the con

and who had embraced the whole scope - ut'itiua." the special order. He owed it to himself, I i, . Imn ,;,le to consider this positiQii

- V however, as well as to the Senate, 10 say n ronnexlon with the ol jeeti -n to w hich that it was his intention to confine him- it is iutc:u!ed to be an answer, without taelf t' a strict legal argument, ot the me- ' ixz x n admission that the action ol

drv and uninteresting character, ana he he could neither expect, nor ask, tint attention which he uugh' h pe, were the subject kss exhausted and the topics less technical. The resolution, he said, was in the following w. res: u!lesolred. That bv dismissing the late

Sc reuir'. of the Treasury

Senate upon it finds no justilie .su ' in his retn trk. I will pa-s the Senator's second gr-.end : " ih Senate may properly act up n the tes...u:i .i, .ecause the Prestdtnt may per-

I a 11 an unconstitutional act w ithout the . sist the known and expressed will el the

people, by bringing dow n upon the head

peopie of this country, it will be attempts here to assume the duties of the immediate Representatives of the People; to constitute ourselves the accusers as well as the judges; and, having done this, to re

bates. There is a Treasurer, appointed by lli3 Prosi lent ami Senate, who keeps the keys of the public Treasury. Were the President, therelore, to remove the Secretary, ko would meet the Treasurer and must dipose of him before he could reach the public Treasury. This ofiicer is removable by the President, btithe has not removed him, which fact, of itself, repels the idea that he has attempted to "assume the exercise of a power over the public Treasury.' Here might be rested the proof of the falsitv of the fact sta'ed in the resolution, that the President "assumed the exercise of a power over the public Treasury;' ' mm

but it shall be earned one step lurther. It is not even contended that ne cent of money was taken from the public Treasury between the time of the removal of the late Secretary of the Treasu

ry, and the appointment of the present iu

It was, said Mr. if I may be allowed the expression, the mere change of th location ot the chest, of the strong box; it was not the use of the Treasurer's key it was not taking any thing from the Treasury, or subtracting any thing from the Mino.int for which hesiood charges Ida to the country. The power was exer ised over tiie place for keening the Treasury, not over the money itself. The foregoing remarks seem to estab-

lish conclusively the following propositions: Th;t the President 'assumed the exercise of a power over the iate Secrctarv of the Treasury, by removing him from office, as ho had a constitutional rirhf tjdo. That he "assumed the cveruse of a power," granted to him iu terms by tho cousi"!uiion, to appoint, "during the recess of the Senate," die present Secretary, lo fill the vacancy o vasbmed by the removal of the late Secrctarv . That he has not "assumed the exercise

of a power over the Treasury of the Uni

ted State-," or over the Treasurer of tho

United Spates, of any description whatso

ever.

That ho has not "assumed the exercise"' of any power, in reference to the subject of the resolution, "not granted to him by th' constitution and laws.'1 1 ought hero safely rett my argument upon thi first resolution, merely drawing fr m th loregoing propositions the natural c-r ilarv. That as the President has nl v "assumed the exercise" of powers expressly gmmed bv the constitution, hyh i not "ass.imcd the exercise" if any power "dangerous to the liberties of ihe People," un

less the powers granted to him l,y the constitution of the U. States, and exercised by all the Presidents of the U.S. from tho commencement of the government under the constitution to the present time, are "dangerous to the liberties of 'he people." But I feel hound, from a ense of respect to the gentlemen who advocate tho

resolution, as well as from a disposition to place this whole subject in a clear tight

before my conslitucnts and the country, to notice the positions taken upon he other side, from which the inference m iha resolution is drawn thai 'he Pre-M ie.u, in changing his Secretary, has 'assumed tho exercise of a power not granted to h m by the constitati -n and laws." Neither of the genllemci; (M-ss.-. Clay and Southard) have been nr.d' rs oj i - dsnviur the1 constitutional power oft!;'- Prc3-

ident to remove a Secretary of the Tirtasurv, ait the attempt seems to .e to prove that the removal of the late S crc'ary was made under circumstances to which lh power of rcmovul des not extend. What are the circ. instances upon which the gentlemen rel - to take this cas . at of the general pjwer of removal c jntVrrei upon the President? I take thv'ir own statements. There is a law of Congress incorpra.-

Jti:ir the stockholders to the Bank of tha

United States. That law directs the deposi'c of tho moneys of the United States with :h'At Bink; but (Jives to the Secretary of the Treasury the power to change that deposite. The President thought the hue Secretary ought to exercise that power and divert the public moneys from th Bink. The Secretary thought he ought not to

ie Se'iate epon the resolution is judicial. The quo animo of the President, or ot any otner -tlieer ot the Government, as to any i-c! performed by them bearing upon their t uiMitatnuKil power, cannot po-sitdv be material to the Senate in its hislative

eh uacior. If legislation should be reobjured. i:row inn out of an such act. it

of some too popular public servant, the tremendous judicial sentence of this body,

, without the form of a trial, or even the ex

hibition ot a constitutional accusation. Do these sentiments cme from men who have been raised high in the honors

of

exercise the power, and refused to d s jl The Pre idetit considered the eaecu'Wl of the law important to the country, and removed th; Secretary who refused to execute it. Here we meet with w hat has been harsh

ly termed "the act of persecution, usur-

tnn,t H itrrant violation

eumbentof that olnce, nor is it contended . - j fhp ilw , ,un . . r 1 1 .. r of the constitution ana me nw-. 01 mo that anv change ol the deposites ot money . f thi ptfrri(nf a - 1 1 . - land, an assumption 01 me exercise 01 a standing to the credit oi the treasurer, , himi Tth Iri .ntl . , c 1 power not granted to nim line t resi.icuij or any other change or order, aliecting the j ' -;ctitiIfi n nnfi uwc f(Ti.i .;an.

1 , t u 111c vuuain""-" - J - -

public Treasury, was made durin

interval. The advocates for tho resolution then

admit, that the power exercised over tne

the administration with which they were President appointed the present Secretary thus connected? If so, I venture the a-s-' in the place of the late Secretary remo-

sertion tint they never lound that majori-. ved.

erous to the lit-erties of the pcuple

I propose to look at this state of fact?, at the constitution and the law, and then

to test the applicability of these sirong

the President ol mo

Senile of tho

.1. . i ivu l i 1 ..t.i.A n 1... Pm.ii int. was:

uiu ne mum 1 oouave memseiv e ; o uonu ia-,ifun, uv iu i.un.m. k 'Lfilnet

reen counsellors ot a tormer Presidcntf, not so exercised during tncvacam-j V Cnited State-niade in tho

And at a tiruv?, too, when a majority of, ted in that oince by the removal 01 tut

this body, holding this juuicial power - late Secretary. t The ooitions assumed

. . t. 1 1 'rt.ii n..-Mi..hnn rurfiior recucs. mar met 1

Ul UiUll aur, uj "'iu.,.iiii 'i 1 ii.ijiu iu 1 116 n.;wiuuuii iumih. - t i

to justify tho

conclusions in favor ot tho rvsoiuuou au against the President, are

First. That the removal was mv e bc-

becaue he j womd be legislation to provide a remedy

. . ... 1 . .. 1 1 .

wo ;.: s-..t,contrar to Ins sense ot Ins u 0 ; tor the wrong eommitteit, or to prevent a ty attempitug uius 10 lunuimi. mem, or, 111c conMiim.m..- . . ... - - , . 1 0..ni4 rf.,tv wlt moiiev ef the Unite renctiti-jn cf th- act. and. hi ciUicr casci their principal, without a trial : and 1 fur .stall have power to till any vacancies that I act 4-cuu.rury to Lu bvUC ti iu u u ....

... r iu., tn endemn it...... ... 'VUn nnctioitlon savs. 44 1 he President ; cause ihe iae -creiary ru u

I

J

4k w tu w ' a 0 9 m - -