Expurgation of the Journal. Mr. CLAYTON then moved to take up the resolution offered by Mr. BENTON, for expunging from the journal the condemnatory resolution, which motion was agreed to. Mr. WHITE moved to amend the resolution by striking out the word "expunge," and inserting "rescind, reverse, and to make null and void." [SENATE. was adopted when our votes were taken and recorded by yeas and nays. The constitution requires that "each House shall keep a journal of its proceedings, and that, at the desire of one-fifth of the members, the yeas and nays shall be taken upon any question." This constitution each member has solemnly sworn to support. When we speak of the journal of our proceedings, we speak of a book kept here, and under our own inspecMr. W. said he could not vote to obliterate tion, in which is faithfully recorded, under its and deface the journal of the Senate. He be- appropriate date, every transaction of the body. lieved it was the right of every Senator to have This book is the original, and all others are the votes stand, that the people might know only copies of it. Now, what is proposed by how they had voted. He wished the resolution the resolution? It is to expunge one of the so framed as to express his feelings on the sub-resolutions which we all admit were actually ject. Mr. WEBSTER said he should vote against the amendment. He wished to bring the Senate to vote on the original resolution. adopted, upon yeas and nays, on the 28th of March, 1834. Now, if we adopt this resolution, we solemnly order that our former resolution shall be erased, rubbed out, blotted, obliterated, or so cancelled that it cannot be read. Suppose this order carried into effect, and any man to read our record, or journal, under date of the 28th March, and he would have no knowledge that such a resolution as that complained of had A discussion of considerable length and much excitement ensued, in which Messrs. BENTON, MCKEAN, KING of Georgia, BUCHANAN, MANGUM, CALHOUN, CUTHBERT, Frelinghuysen, King of Alabama, CLAY, and WEBSTER, participated. Mr. BENTON Said he believed the word "expunge" was strictly parliamentary. He did not wish to obliterate the journal, but to make use of a phraseology which would strongly express that the resolution ought never to have been put into that journal. The word "re-ever existed. scind" was not strong enough; it admitted the lawfulness of the act at the time it was done. It was a convenient term when they merely wished to alter any thing that had been found inexpedient. It was a mere harmless word, expressing no marked disapprobation of the propriety of the resolution at the time it was adopted. Every Senator, said Mr. B., might vote to "rescind" the resolution, without altering his opinion in the least. They might say that President Jackson was the first Executive that had ever been condemned in this manner; therefore they would rescind the resolution. Such, and no more, was the force of the term "rescind." Mr. MOORE said he did not rise to discuss this question at this moment. The very feebla state of his health would not permit it, even if he were disposed. Yet the peculiar situation he occupied in connection with the subjectmatter, he hoped would be accepted as his apology for the very few moments he proposed to detain the Senate. He said it was true, as had been intimated by the honorable Senator from South Carolina (Mr. CALHOUN,) that the General Assembly of Alabama had sent him two sets of instructions: in the first he was instructed to resign his seat here, and in the second he was instructed to vote in favor of expunging the resolution adopted by the Senate, censuring the course the Executive pursued in relation to the public Mr. WHITE said, in his opinion, the term "expunge" referred to obliterating the journal, which he could never consent to have done. He wished the proceedings to stand as they had transpired, and go down unblemished to posterity. He thought the proposed amendment, which declared the resolution null and void, as much as said it never ought to have been in-treasure of the country. serted in the journal. As these resolutions are contradictory in their Mr. McKEAN, after some introductory re- character, and at variance with each other, he marks, suggested to Mr. WHITE to modify his would have found no little difficulty in complyamendment, so as to adopt the words used by ing with both, although an advocate for the one branch of the Pennsylvania Legislature in right of instruction. If he had complied with their resolution of instruction upon this subject, the first set of instructions, viz.: have forthwith which would make the amendment more ac-resigned his seat, he of course could not have ceptable to him-the effective words were to repeal and reverse. complied with the second set of instructions, viz. he could not have voted in favor of the Mr. WHITE said, in adopting the words as a expunging resolution, as instructed in the modification, the object of my amendment is to second. He therefore, after mature deliberaenable each Senator to express the opinion he tion, had come to the conclusion that, as rereally entertains of the resolution formerly garded the first, requiring his resignation, he passed by this body. To vote for the resolu- could not admit the right of the General Assemtion of the Senator from Missouri in its present bly to alter or change the constitutional tenure shape, I cannot. He proposes to expunge of his office, and he had made an appeal to the from our journals one of our resolutions, which sovereign people of the State, to whom the SENATE.] Expunging Resolution. [MARCH, 1835. members of the General Assembly and himself | thanks to the firmness of the Senate, the records were alike responsible. Mr. KING, of Alabama, then moved to amend that part of the resolution proposed to be stricken out, by first striking out the words "ordered to be expunged from the journals." Mr. MOORE demanded the yeas and nays upon the question; which were ordered, and are as follows: YEAS.-Messrs. Bell, Benton, Bibb, Black, Buchanan, Clay, Clayton, Cuthbert, Ewing, Frelinghuysen, Goldsborough, Grundy, Hendricks, Kane, Kent, King of Alabama, King of Georgia, Knight, Leigh, Linn, McKean, Mangum, Moore, Morris, Naudain, Prentiss, Preston, Robbins, Robinson, Silsbee, Smith, Southard, Swift, Tipton, Tomlinson, Tyler, Waggaman, Webster, White-39. NAYS.-Messrs. Brown, Hill, Porter, Ruggles, Shepley, Tallmadge, Wright-7. So the motion to strike out prevailed. Mr. WEBSTER said, the vote, the great vote, which the Senate has now given, has accomplished all that I have ever desired respecting this expunging resolution. The resolution of the Senate of the 28th of March, which it has been proposed to expunge from the journals, asserted the proposition that the conduct of the President in relation to the public revenue had been unconstitutional. Now, this proposition might be true, or not; it was a matter on which gentlemen voted on both sides. It implies, doubtless, a power in the Senate to express an opinion on the conduct of the President, and there may always be some who deny or doubt that power. It would have been perfectly in order, at any subsequent time last session, or at any time this, to have brought forward resolutions declaring that the Senate has no such power. We must have met the resolutions, debated them, and voted on them. If they had passed, they would of course have stood in contradiction to the preceding resolutions; and all that could have been said is that the Senate had passed inconsistent resolutions. Propositions, it is possible, may be made hereafter, in contradiction to the principles of the resolution of March. These things must be expected, and must be met when they arrive. But that which made this resolution, which we have now amended, particularly offensive, was this it proposed to expunge our journal. It called on us to violate, to obliterate, to erase, our own records. It was calculated to fix a particular stigma, a peculiar mark of reproach or disgrace, on the resolution of March last. It was designed to distinguish it, and reprobate it, in some special manner. Now, sir, all this, most happily, is completely defeated by the almost unanimous vote of the Senate which has just now been taken. The Senate has declared, in the most emphatic manner, that its journal shall not be tampered with. I rejoice most heartily, sir, in this decisive result. It is now settled, by authority not likely to be shaken, that our records are sacred. Men may change, opinions may change, power may change, but, of this body do not change. No instructions from without, no dictates from principalities or powers, nothing-nothing-can be allowed to induce the Senate to falsify its own records, to disgrace its own proceedings, or violate the rights of its members. For one, sir, I feel that we have fully and completely accomplished all that could be desired in relation to this matter. The attempt to induce the Senate to expunge its journal has failed, signally and effectually failed. The record remains, neither blurred, blotted, nor disgraced. Now, sir, as to the principles involved in that resolution, I am willing to discuss them at any suitable time hereafter. At present there is no leisure for such discussion; and the Senate having now, by so large and decisive a vote, expunged whatever was offensive in the expunging resolution, and there being no time for further discussion, I shall conclude by a motion which I forewarn friends and foes that I shall not withdraw, which is, that the resolution be laid on the table. Upon this motion, without further debate, the yeas and nays were taken, as follows: YEAS.-Messrs. Bell, Bibb, Black, Calhoun, Clay, Clayton, Ewing, Frelinghuysen, Goldsborough, Kent, tiss, Preston, Robbins, Silsbee, Smith, Southard, Knight, Mangum, Naudain, Poindexter, Porter, PrenSwift, Tipton, Tomlinson, Tyler, Waggaman, Web ster-27. NAYS.-Messrs. Benton, Brown, Buchanan, Cuthbert, Grundy, Hill, Kane, King of Alabama, King of Georgia, Leigh, Linn, McKean, Moore, Morris, Robinson, Ruggles, Shepley, Tallmadge, White, Wright -20. So the resolution was laid on the table. [The instant this vote was taken and the resolution laid upon the table, Mr. BENTON rose to re-instate the word expunge, which he had yielded to friends; and gave notice that he should renew the resolution with that word in it, and never yield it again to friend or foe.] Mr. BENTON submitted the following resolution, which he desired to stand for the second week of the next session : Resolved, That the resolution adopted by the Senate on the 28th day of March, in the year 1834, in the following words, "Resolved, That the President, in the late executive proceedings in relation to the public revenue, has assumed upon himself authority and power not conferred by the constitution and laws, but in derogation of both," be, and the same hereby is, ordered to be expunged; because the said resolution is illegal and unjust, of evil example, inwithout specification, and was irregularly and uncondefinite, and vague, expressing a criminal charge stitutionally adopted by the Senate, in subversion of the rights of defence which belong to an accused and impeachable officer; and at a time and under circumstances to endanger the political rights, and to injure the pecuniary interests of the people of the United States. MARCH, 1835.] Fortification Bill-Extra Appropriation. President Pro Tempore. At six o'clock the VICE-PRESIDENT left the chair, and the Senate proceeded, by ballot, to elect a President pro tempore for the remainder of the session. Mr. TYLER, having received a majority of the whole number of votes, was declared duly elected; and having been conducted to the chair by Mr. KING, of Alabama, he addressed the Senate as follows: SENATORS: In calling upon me unexpectedly to preside over your deliberations, you have conferred upon me a testimonial of your respect and confidence, upon which I place the highest value. I accept it with gratitude, and shall fondly cherish its recollection. You are the representatives of Sovereign States, deputed by them to uphold and maintain their rights and interests. Unlike the Roman Senate, so much vaunted of in ancient story, you owe your elevation to the high seats which you occupy, to no adventitious circumstance of birth or fortune, but to the ennobling traits of intellect and virtue. And what citizens of any one of these States can fail to be proud of you? Who can reflect without high satisfaction on the daily display of intellectual vigor constantly manifested in the debates which here occur? Party contests may divide and sever; those contests constitute the organic principle of free States. You may, severally, in your turn, have become the objects of attack and denunciation before the public; but there is not, and cannot be, an American who does not turn his eyes to the Senate of the United States, as to the great conservative body of our federal system, and to this chamber as the ark in which the covenant is deposited. To have received, therefore, at your hands, this station, furnishes to me abundant cause for self-gratulation. This feeling is not diminished by the fact that but few hours now remain to this session, and that I shall be probably called upon to render but little active service in this place. Upon this circumstance, I congratulate both you and myself; for, although I have, for the greater portion of twenty years, been connected with legislative bodies, this is the first time I have ever been called upon to preside over the deliberations of any; and I have only sought so far to make myself acquainted with the rules of parliamentary proceeding, as to avoid any flagrant violation of them in my personal conduct. For the short period which will now elapse prior to your adjournment, I claim, and shall doubtless receive, at your hands, for the defects which I may exhibit, and the errors into which I may fall, a liberal indulgence. On motion of Mr. KING, of Aabama, the Secretary of the Senate was directed to inform the President of the United States, and the House of Representatives, that the Senate had elected the honorable JOHN TYLER President pro tempore of the Senate. Fortification Bill-Extra Appropriation. The Senate proceeded to consider the message from the House of Representatives, proposing to amend one of the Senate's amendments to the annual fortification appropriation bill, by adding thereto the following: [SENATE. "Sec. 2. And be it further enacted, That the sum of three millions of dollars be, and the same is hereby appropriated, out of any money in the Treasury not otherwise appropriated, to be expended, in whole or in part, under the direction of the President of the United States, for the military and naval service, the navy: Provided, such expenditures shall be renincluding fortifications and ordnance, and increase of dered necessary for the defence of the country prior to the next meeting of Congress." Mr. WEBSTER expressed his hope that the Senate would disagree at once to this amendment. Mr. CALHOUN said that the amount of the appropriation asked for was extremely large, and, what was most extraordinary, it was to be made on the supposition that this country was to be involved in a war with France, and either without previous declaration, or with a declaration to be issued by the Executive, without first calling Congress together. Mr. LEIGH could not forbear expressing the astonishment he felt at the course which the House of Representatives had thought proper to pursue in regard to this appropriation. For his own part, he was free to confess that he would as soon vote to give the Chief Magistrate of this Republic unlimited power at once, as vote to place at his entire disposal and discretion such an enormous sum of money as was contemplated by this amendment. He had not met with a single human being who wished to convert our free form of Government into an absolute monarchy, nor did he believe that any man in this country desired such a change. Yet here was a proposition which went to establish a military monarchy; it was, in fact, in the very form of a proposition of that sort. They might almost as well say that the President should be made Consul for life, or Emperor of the American people. It was, indeed, a most remarkable proposition, and one which he never expected to hear. Mr. WRIGHT did not feel that great alarm which the Senator from Virginia appeared to feel. They all knew very well why the provision, so much complained of by some Senators, was inserted in the bill. It was because they liar crisis in our foreign relations, and it was too were about to adjourn when there was a peculate to have gone into the detail of legislation. For himself, he could say whatever others might think that he did not believe that a dollar of the money which was now proposed to be appropriated would be expended, though no one knew what might happen. They had been told by the gentleman from Massachusetts that this country was not to be brought into a war until Congress should have been first convened. Now, nothing as to that was implied in this proposition; it was merely putting in the power of the President, in any contingency that might happen, the means to secure the safety of the country until the assembling of Congress. Mr. LINN said he should vote for this appro SENATE.] Fortification Bill-Extra Appropriation. [MARCH, 1835. priation, although it was an extraordinary one, answer to make to the assertion, but what was because he thought it necessary under the pres-derived from hearing the amendment read by ent aspect of affairs. He could not believe that this Chief Magistrate, or any other who might preside over the destinies of this people, would make a wrong or improper application of their funds. Mr. LEIGH did not vote against the appropriation from any fear as to the use which might be made of the money; but he voted against it on the ground that it was at war with the doctrine of constitutional liberty. ure. the Secretary of the Senate. The Senator, in his precipitancy, remarked that he (Mr. W.) had said that the money was not to be expended. The gentleman was mistaken; for he (Mr. W.) said no such thing, but observed that he believed it would not be called for; though no man could tell what might be the issue of our relations with France. And they all knew what this appropriation was to be made for. Mr. CLAY said that the proposition was to Mr. SOUTHARD said he must certainly concur appropriate three millions of dollars for the with the gentleman from Virginia in astonish- general purpose of increasing the naval and ment at this extraordinary provision, and at the military service of this country, without any manner in which the appropriation was de- specification whatever of obects. In principle, fended by the Senator from New York. What, therefore, the honorable gentleman from New he (Mr. S.) would ask, was the character of this | York must admit it was the same, whether the appropriation? It amounted to the enormous amount to be appropriated was three millions, sum of three millions of dollars, and was to be fifty, or a hundred millions. Now, according put into the hands of the President to be ex- to the Constitution of the United States, Conpended by him at his own good will and pleas-gress possessed the power to raise armies and It was without limitation or restriction create a navy; and under the practice of the -withont specification of objects-or any Government from the commencement of it designation of purpose whatever. To be sure, down to this time, in no instance had an army there was added to the provision an idea of been raised without a specification of the this sort, that the money should not be expended amount of it, the rank and file of which it unless the public necessity should call for it. should consist, the officers who should comWho was to judge of the public necessity for mand, &c. And he believed that, since the the expenditure of this money? The Executive origin of this Government, there had been no alone. Had we arrived at that period in our increase or augmentation of the navy, without history when the Executive was to determine a specification of the number and size of the when or how the public money was to be ex-ships that should be in commission, with every pended in cases of danger or otherwise? Had other particular. Now, for what objects was we progressed to that period when the Congress this appropriation intended? It was to be apof the United States, the guardians of the peo-plied to the increase of the naval and military ple's treasure, were not to determine as to that matter, but the power was to rest in the hands of the Chief Magistrate only? There was, however, in regard to this subject, a higher question to be decided. The professed object of the appropriation was to defend the country in case of war. And what was the power put into the hands of the Executive by that very appropriation? Why, it was the power of making war. Congress told him to increase the navy, the army, and the fortifications, if he pleased. He (Mr. S.) would say, give him that power, and there would remain no obstacle to prevent him from plunging this country into a war. He was to be guided alone by what he deemed right or wrong! He (Mr. S.) had never heard of such a proposition as this before. He confessed that he could hardly speak of it with respect. Mr. WRIGHT observed that it was not his intention to say anything which would lead to a protracted debate, nor was it his purpose to excite the feelings of any gentleman. There were two modes of debating a proposition. The first was, by poetic license; and the other was, by debating a proposition as it is. The honorable Senator from New Jersey had told the Senate, in his usual impassioned manner, that this was an appropriation of three millions, without specification or object. He had no service, including fortifications. In other words, to authorize the President to increase the army, to increase the navy, to make new fortifications not authorized by careful surveys, and sanctioned by the estimates agreed to by Congress afterwards. Mr. BUCHANAN said he was astonished at the remarks which had been made by gentlemen on the subject of this appropriation. The most fearful apprehensions had been expressed; the destruction of our liberties had been predicted, if we should grant to the President $3,000,000 of dollars to defend the country, in case it should become necessary to expend it for that purpose before the next meeting of Congress. For his part, he could realize no such dangers. Gentlemen have said, and have said truly, that the Constitution of the United States has conferred upon Congress, and Congress alone, the power of declaring war. When they go further, and state that this appropriation will enable the Executive to make war upon France, without the consent of Congress, they are, in my humble judgment, entirely mistaken. Sir, said Mr. B., what is the true nature, and what are the legitimate objects, of this appropriation? Do we not know that, although the President cannot make offensive war against France, France may make war upon us; and, that we may thus be involved in hostilities MARCH, 1835.] Fortification Bill-Extra Appropriation. in spite of ourselves, before the next meeting of Congress? If the Chamber of Deputies should determine to violate the treaty, and to fix an enduring stigma upon the public faith of the French nation, is it certain that France may not proceed a step further, and strike the first blow? Mr. Livingston himself, in the correspondence which had been communicated to us by the President, has expressed serious apprehensions that this may be the result. France may consider war, eventually, to be inevitable; she may, and I trust does, believe that we have determined not to submit patiently to her violation of a solemn treaty, and thus abandon the just claims of our injured citizens; and, taking advantage of our unprepared condition, she may commence hostilities herself. The first blow is often half the battle between nations as well as individuals. Have we any security that such will not be her conduct? Have we any reason to believe she will wait until we are ready? Her past history forbids us to indulge too securely in any such belief. If she should adopt this course, in what a fearful condition shall we place the country if we adjourn without making this appropriation? The Senate will observe that not a dollar of this money can be drawn from the treasury, unless it shall become necessary for the defence of the country, prior to the next meeting of Congress. Another circumstance which renders this appropriation indispensable is, that Congress cannot possibly be convened by the President much before their usual time of meeting. There are, I believe, nine States in this Union who have not yet elected their Representatives to the next Congress. Some of these elections will take place in April, and others not till August, and even October. We have now arrived almost at the last hour of our political existence; and shall we leave the country wholly defenceless until the meeting of the next Congress? Gentlemen have warned us of the fearful responsibility which we should incur in making this appropriation. Sir, said Mr. B., I warn them that the responsibility will be still more dreadful, should we refuse it. In that event, what will be our condition should we be attacked by France? Our seacoast from Georgia to Maine will be exposed to the incursions of the enemy; our cities may be plundered and burnt; the national character may be disgraced; and all this whilst we have an overflowing treasury. When I view the consequences which may possibly flow from our refusal to make this grant, I repeat that the responsibility of withholding it may become truly dreadful. No portion of it shall rest upon my shoulders. Mr. PRESTON expressed his surprise at the extraordinary amendment which had been made to the bill by the House of Representatives, at that late hour of the session, when the waning sands of their political existence, as a body, were nearly run out. They were called upon to confer a most tremendous power, by placing at the disposal of the Chief Magistrate VOL. XII.-41 | [SENATE. of the Union the sum of $3,000,000! He was already appointed commander of the army and navy of the United States, and now the Senate was asked to confer upon him the power to raise armies and create navies, and that, too, on the very last night of the session, almost without time for a moment's deliberation. They were in fact and in truth to give him power over the purse and the sword, and consequently over the liberties of the country. He meant to express no distrust in the Chief Magistrate; but, he would ask, was it proper that any Congress should unconstitutionalize itself by surrendering the powers committed to their hands? Mr. WEBSTER thought it impossible that the Senate could hesitate about the rejection of this most extraordinary and objectionable proposition, and he hoped the decision would be made without further delay. It was now nine o'clock at night, and further discussion could have no effect but to defeat other important business. He therefore entreated the Senate to desist from debate, and proceed to vote. Mr. CUTHBERT would ask, what had been done by the House of Representatives? What did it seek by its amendment? Why, merely to provide the proper means that the country should be put in a state of defence, in the possibility that we might be attacked by that power with whom we had had some differences. What gentleman was there on that floor who would not reproach himself, (supposing the appropriation not to be made,) if such an event were to happen as he (Mr. C.) had imagined? Who would not regret that the navy had not been increased, when they saw our coasts blockaded, our waters covered by the enemy's ships, and our beautiful cities battered down? What, then, was there so extraordinary in the terms of the amendment? For his own part he thought it highly proper that the appropriation should be made, that the President should have the means necessary to put the country in that state which circumstances required. The question was taken on disagreeing to the amendment of the House, and was decided in the affirmative, as follows: YEAS.-Messrs. Bell, Bibb, Calhoun, Clay, Clayton, Ewing, Frelinghuysen, Goldsborough, Hendricks, Kent, Knight, Leigh, Mangum, Moore, Naudain, Poindexter, Porter, Prentiss, Preston, Robbins, Silsbee, Smith, Southard, Swift, Tomlinson, Tyler, Waggaman, Webster, White-29. NAYS.-Messrs. Benton, Black, Brown, Buchanan, Cuthbert, Grundy, Hill, Kane, King of Alabama, King of Georgia, Linn, McKean, Morris, Robinson, Ruggles, Shepley, Tallmadge, Tipton, Wright—19. So the amendment was rejected. Mr. CLAYTON moved that the Senate insist on their amendment; which motion was agreed to, and the bill was then returned to the other House. On motion of Mr. CLAYTON, the Senate proceeded to the consideration of Executive business, and spent some time with closed doors. [When the doors were opened, and the |