MARCH 4, 1830.] Mr. Foot's Resolution. [SENATE. striving to conquer from the British crown. Sir, I think we touch these claims to the public lands. The rule works they will now combine again; I think they will, when con- badly then. The two positions assumed by the same reasidering this subject, bestow some reflection upon the mil-soner are repugnant to each other. You cannot claim by lions which have been expended in the subsequent pur- virtue of your State sovereignty to nullify an act of Conchase of the Southwestern portion of our public domain; gress, and yet deny to another State the right, by a simion the sums which have been profusely lavished in making lar operation, to tear out of your statute book the leaf and carrying into effect our treaties for the extinguishment containing the Virginia grant, as well as that which bears of the Indian title; in making the surveys of these lands, upon it the act of Congress declaring the uses of that and in the payment of officers and agents for the main-grant. By the grant and the act, the estate ceded is "for tenance of our land system. From the feeling which for the common benefit." The new sovereigns, within whose merly actuated them, I judge that their co-operation on dominions the estate is situated, asserting their power to this subject will be such as to resist every effort to bribe decide all questions which, in their judgment, touch their them with promises, or to sway them, by means of political sovereignty, may nullify both, and make the land theirs; excitement, to give up that which could not be wrested or, if they cannot, how can any other of these sovereigns from them by appeals to their strongest attachments in nullify a tariff law, or an act for Internal Improvement, which the darkest days of their adversity. They will claim, I the Federal Judiciary adjudges to be valid? The gentlethink, sir, an equal portion of this territory, under the man from Tennessee says that he will admit that the Suplain letter of the grants referred to. They may claim a preme Court is the final arbiter in all cases in law and large portion of it by the paramount title of the right of equity arising under the constitution, and the laws of the conquest, which has never been by them relinquished; United States made in pursuance of it. But I am not satand by that title they can successfully defend it. What-isfied with this limitation. The words of the constitution ever foundation there may be for the imputation of motives, are, "the judicial power of the United States shall be vestin other sections of the Union, to flatter and to woo the ed in one supreme court, and in such inferior courts as West, by the offer to her of this splendid dowry, if she the Congress may, from time to time, ordain and estawill transfer her influence to a candidate in a Presidential blish." Then this general transfer of power is explained election, we, I believe, shall not take part in any such by the second section of the same article: "The judicial bargain. The gentleman from Tennessee [Mr. GRUNDY] power shall extend to all cases in law and equity arising says the West has been already wooed and won. It may under this constitution, the laws of the United States, and be so; but we are not, and, I think, shall never be, sub treaties made, or which shall be made, under their authoripotestate viri; and if we could be bought for any consider- ty; to all cases affecting ambassadors, other public minisation to sign this release of our birthright, we should ne- ters, and consuls; to all cases of admiralty and maritime ver agree, like Esau, to sell it for a mess of pottage. jurisdiction; to controversies to which the United States I come now, sir, to consider a subject which has been shall be a party; to controversies between two or more discussed in connexion with this--the right of a State to States, between a State and citizens of another State, beregulate her conduct by the judgment of her own self- tween citizens of different States, between citizens of the constituted tribunals, upon the validity of an act of Con- same State claiming lands under grants of different States, gress in opposition to the solemn decisions of the Supreme and between a State, or the citizens thereof, and foreign Court of the United States: and my remarks upon it will States, citizens or subjects." All these words of the deed be chiefly in reply to gentlemen who have gone before are in full force, except so far as it has been altered by the me. I confess I do not discover why the power of decid- single amendatory article to prevent suits against one of ing any, and every question, growing out of any circum- the United States by citizens of another State, or by citistances in which a State may conceive her sovereignty zens or subjects of any foreign State. The instrument impugned, is not translated to her own tribunals by the then contains no qualification of the judicial power resame train of argument which induces the conclusion that stricting its exercise to cases arising out of laws made in she may nullify an act of the Federal Legislature with- pursuance of the constitution. The reservation is an inout the aid of the Federal Judiciary. We know-advertent interpolation in the instrument, and the power we are so taught by memorials on our files-that the granted extends to laws of the United States, whether doctrine is very current in some States of the West, constitutionally or unconstitutionally enacted. It will be that the public territory within their limits is their own; seen, too, that the United States must "be a party to conand we have been threatened that, when the population troversies" concerning a tariff law, as well as to those flowing Westward has transferred the balance of power which affect the right to the public domain, or any other beyond the Alleghany, or when, as one in this debate has question touching State sovereignty; and that, if there be phrased it, "the sceptre has departed from the old thir-no authority in the instrument by which the judicial powteen forever," we shall find the rights of the new States er can be extended to the former class of controversies, asserted and maintained, if not by the force of numbers there is none to extend it to the latter class, or any case here, at least by the force of arms at home. In that case, which a single State may consider as presenting an infractoo, it is said, that to us distance will be defeat. State tion of her own powers. The gentleman from Kentucky, Sovereignty and State rights constitute the very war cry [Mr. RowAN] and other Senators, have contended that a of a new party in this country. I would myself be among State cannot surrender any portion of her sovereignty, the last to infringe upon the constitutional powers of the and we have been asked to produce an instance in which States. But how far will the new doctrines on the sub-sovereignty has submitted itself to any judicial tribunal. ject carry us? Some who have engaged in this discussion Those who formed the constitution, in their recommendahave avowed the opinion that our claim to the public tory letter, signed by Washington, on the 17th of Septemlands is inconsistent with the paramount rights of the ber, 1787, inform us that "it is obviously impracticable Western States, and that, upon the fundamental principles in the Federal Government of these States to secure all of Government, the domain within their chartered limits rights of independent sovereignty to cach, and yet is the property of these new grantees. Others, who stand provide for the interest and safety of all." The gentleamong the boldest champions of the principle that a so-inan from Tennessee, in order to explain and construe the vereign State may constitutionally and lawfully enforce her constitution, referred to the brief enumeration contained declarations against the validity of an act of Congress, and in this letter, of the specific objects which made it necesnullify it whenever by her judgment it is "deliberately, sary to establish this Government. I refer to the same plainly, and palpably unconstitutional," repudiate the authority to overthrow the doctrine which regards all the whole doctrine of State supremacy, and State title, when rights of independent sovereignty in each of the States. SENATE.] Mr. Foot's Resolution. [MARCH 4, 1830. and to prove that some of those rights were, in the view The modus operandi requires that he should nominate, and of the convention, ceded to provide for the general wel-we should consent, to the appointment of the men who fare. States are not self-existent; they are created by the are to adjudge away our independence. We might be people for their benefit. Those who have conferred State slow to suspect our old friends of dishonest purposes, but power can take it away; and for their own good they have we can learn some things if you give us time. When you transferred a portion of this mysterious principle of so- bring out your nominations, we cannot fail to understand vereignty, which troubles gentlemen so much, to another your plan. You are caught at once, flagrante delicto, and place. They have transferred a portion of the judicial we check you in the Senate, by rejecting all nominations power to the Supreme Court, which acts as an impartial which do not please us. We have two chances to put an umpire, and not as an adversary party deciding his own effectual veto on your plot, and our veto is a very differcause, as is erroneously supposed by some reasoners here.ent affair from your State veto on an act of Congress. HowThe gentleman from Tennessee says the Federal Judiciary ever thankful, therefore, we may be for the kindly appreis, when a question of State rights is before it, a portion hensions expressed for our welfare, we say that we are or part of one of the parties, created by the Legislative not yet alarmed. We cannot see, with the honorable genand Executive branches of the General Government, re- tleman from Tennessee, that the States have been guilty sponsible to that Government alone, and liable to the im- of either folly or weakness in creating such a tribunal as position of destructive burthens by that party. Even if we conceive the Supreme Court of the United States to all this were correct, it would be a sufficient answer to it, be-nor do we think with him, that, by the easiest operawhen discussing this question, to reply that the States had tions imaginable, this creature is so competent to the deagreed that the arbiter should be thus created and thus struction of its creators. responsible, having signed the arbitration bond deliberate- But whatever may have been the opinion of honorable ly, and with a full knowledge of the consequences. But gentlemen, the folly of the people of these States in creatwhen we look into the instrument, we find that the States, ing such a tribunal, or however incompetent it may appear by their Representatives in the Senate, must first consent to decide these matters, the question still recurs, Is there to the appointment of the arbiter, or he is not lawfully any other forum established with co-extensive or with apchosen. They can challenge for cause, and they can chal-pellate powers? If so, what is it? There ought not to lenge peremptorily. By refusing to consent to appoint-be a wrong without a remedy; and the interest and safety ments, they might in time vacate every seat on the whole of all require the existence of some arbiter to decide contribunal. By the Legislative power of their immediate troversies. We are warned, however, that if, by the conRepresentatives in the Senate, responsible to the States stitution, there be not some express grant of power for as their only masters, they can always prevent the impo- this purpose, the States and the people still reserve it. sition of oppressive burthens on their common arbiters. On the other hand, if the grant to the Federal Judiciary They alone can try these arbiters on impeachment for mis-be express, the States have not reserved it, and can crebehavior, and without impeachment those arbiters cannot ate no other without forming a new constitution or violatbe removed from office. The Senator from Kentucky ing this. Sir, I listened with deep interest to the developobjects to the Federal Judiciary, that a majority in Con-ment of what I thought was announced as a new discogress may by law increase the number of judges, and thus very on this subject. I will consider that adverted to, and oppress the minority when they please. It has been said, recommended, by the gentleman from Tennessee, [Mr. too, that large States, with a great representation in Con- GRUNDY.] After conceding to the Federal Judiciary the gress, such as New York and Pennsylvania, combining powers of a common umpire, to decide on the constituwith others, may, by their superior vote, so far increase tionality of all congressional enactments made in pursuthe number on the bench as to oppress and destroy the so-ance of the constitution, he informed us that there was vereignty of the lesser States. If the objection has any another tribunal to which a State might resort, when opweight, it is one which could be made to our whole sys-pressed by what she considered to be a plain, palpable, tem of republican government. We are ruled by majori-and dangerous violation of the constitution, without throwties; and if the majority of this nation should become ra- ing herself out of the Union. He admitted that the Legisdically corrupt, I admit that the Government will soon lature of the State was not this tribunal. That might be fall. But I have sufficient reliance on the virtue and good misled. He beats the ground, then, which was occupied sense of the people, whether living in large or small States, by the gentleman from South Carolina, [Mr. HAYNE] but to believe that no attempt will ever be deliberately made himself takes a new position, not less dangerous. For by a majority in either, to destroy the independence and he informed us that a State convention might be called, legitimate powers of the other. And I feel no apprehen- and that might nullify the oppressive law; after which, sions on this subject, for other reasons. Let us inquire he thought Congress must acquiesce by abandoning the into the mode of operating. Supposing now, (to make power. The amount of this is, that one State is to govout the gentleman's case) that the large States wickedly ern all the rest, whenever she may choose to declare, by conspire to ruin the small ones. New York, Kentucky, convention, that a law is unconstitutional. The end of Ohio, Pennsylvania, Virginia, and North Carolina, being this, we say, is war-civil war. We admit that a State (as would be so probable!) united for this end, carry a bill convention may pronounce any law to be unconstitutional, through the other House to double the number of judges. as the Legislature of Virginia did in '98. But the mere Suppose, too, that they had by their votes elected a Presi-declaration comes to nothing, unless it can be enforced. dent who would second their views. When the bill comes You may declare a law unconstitutional, and so can 1. before the Senate, if the small States understand your ob- But what of that? It amounts only to this: we have full ject, they, having an equal representation here, secured freedom of speech in this country, may advocate what by the only provision in the constitution which numbers can never change, vote you down at once; and your combination (as other combinations may be) is consigned to "that same ancient vault, "Where all the kindred of the Capulets lie." But suppose the Senators representing the small States here, not suspecting mischief, but relying on your integrity, suffer the bill to pass. Your President being in the plot, as we will, for the sake of argument, suppose, it becomes a law. What then? The bench is not yet filled. opinions we please, and peaceably endeavor to impress The MARCH 4, 1830.] Mr. Foot's Resolution. [SENATE. call a convention for proposing amendments, which, when period of four or five years past, the complaints of the ratified by the Legislatures of three-fourths of the several South have, for this reason, met with a cold reception in States, or by conventions in three-fourths of them, shall almost every other section of the Union. They have been be valid to all intents and purposes as part of the consti- loud and deep; but they have been evidently regarded as tution. So far this does not contravene the doctrine which the transient effusions of party feeling, coming, as they we advocate, and which the Senator from New Hampshire, too often did, couched in language of bitter vituperation, if I rightly understood him, after much preface, and with with the now stale and despicable charges of "coalition, some "slips of prolixity," finally settled down upon as a bargain, and corruption"-that vile and putrescent stuff part of the true orthodox creed. The right to amend which has at length, as the Senator from Massachusetts the constitution has never been denied. This was a part truly stated, sloughed off and gone down into the kennel of the political platform upon which my honorable friend forever. The course pursued was exactly that which was from Missouri [Mr. BARTON] invited you to come and best calculated to make the whole alleged grievances, if stand with us. If the convention of the States should as-real, irremediable. Those who loved and admired the semble and decide by a majority of three-fourths against character of the Statesman of the West, indignant at the the State, the gentleman from Tennessee says the State calumnies with which he, as they saw, was so unjustly asmust submit. But if they decide otherwise, or do not de- sailed, often regarded the complaints which came with cide at all, Congress must submit to the State. Without them as mere secondary considerations, brought in to aid assenting to this last conclusion, which appears to be ar- a personal attack. On the other hand, many of those who bitrarily assumed, I will only inquire, if this be so, how affected to accredit these calumnies for political effect, in is this tribunal to save us from civil war? The answer is, their hearts never sincerely believed any part of the story only by so amending the constitution as to warp it to suit of Southern sufferings, thinking perhaps that they knew the declarations of the State convention. This is an ex- best what weight was to be attached to the political falsecellent remedy for the complaint of the State, but rather hoods which commonly accompanied them. However difficult to procure. If this is the sovereign panacea different their objects, they were really on the same chase; which the honorable Senator from Tennessee has discover-but to the Southern huntsman the game taken has been of ed for healing the diseases of the South, sir, I fancy she no benefit. From a recent demonstration, we perceive will agree with me in commending her physician for his that the Southern complaint is now not even deemed woringenuity in finding out the ingredients of the bolus, but thy of a hearing. Sir, when I witnessed the manly and she will still think they are too hard to be obtained to ren- candid manner in which the honorable Senator from South der the prescription valuable to her. With less expe- Carolina on my right [Mr. SMITH] spoke of the grievances rience, I would recommend to a State groaning under the of his constituents, when I saw him evidently soaring operation of a law which she deems unconstitutional, to above mere party feeling, menancing none, denouncing apply first to the Federal Judiciary, where she will gene-none, and touching with all the delicacy which characterizes rally obtain relief, if her complaint be not hypochondria him, the subjects in difference between us, the reflection or imaginary ill. If she fail there, let her pour her com- forced itself irresistibly on my mind, how different might plaints into the ears of her sisters, and use all constitution- have been the reception of these complaints, had they al means to procure a repeal of the obnoxious law. A bare always come thus recommended. South Carolina, though majority of Congress will be sufficient to give her relief crring in a controversy with her sisters, would by all have in this way. Do you object that Congress will probably been believed to have been honestly wrong; and if, under persevere in their course, and refuse to repeal the law such circumstances, she should ever throw herself out of they have enacted? It may be so; and if so, their consti- the pale of the Union in consequence of such a miscontuents, being a majority of the people, must concur with ception of the constitution as we have endeavored to prethem, that the law is not only constitutional, but saluta- vent, I would rather see my own constituents stripped of ry, or they would, by the exercise of the elective fran- the property acquired under the protection furnished by chise, remove such unworthy agents of their sovereign the Government to their honest industry, than compelled will. If they do concur with their Representatives, and by any vote of mine here to drive the steel with which we uphold them in their refusal to repeal the law, no matter should arm our citizens into the bosoms of that gallant how often by any other power than the Federal Judiciary people. And I will now say, without meaning to express declared to be unconstitutional, in my humble judgment any further opinion on this delicate subject, that, for myyou will hardly persuade three-fourths of them to assem- self, whenever pounds, shillings, and pence, alone, shall be ble for the purpose of altering their constitution, and de-arrayed against the infinite blessings of the Union, I shall priving their own agents of the power of acting on the unhesitatingly prefer the latter, for the simple reason subject. that I can never learn how to "calculate its value." It comes at last, then, to this-that we have no other The honorable member from New Hampshire, in the direct resource, in the cases we have been considering, to progress of his very ingenious remarks, discussed, in consave us from the horrors of anarchy, than the Supreme nexion with the constitutional power of the Judiciary, the Court of the United States. That tribunal has decided a whole doctrine of Internal Improvement, as well as the hundred such cases, and many under the most menacing Tariff. He denounced both as aggressions of the Federal circumstances. Several States have occasionally made Government on the rights of the States, as measures evingreat opposition to it. Indeed it would seem that in their cive of and flowing from a disposition, on the part of some, turn most of the sisters of this great family have fretted to claim for that Government unlimited powers; and enfor a time, sometimes threatening to break the connexion deavored to make it appear that these acts for internal imand form others; but in the end, nearly all have been re-provement were, and ever had been, federal heresies, while stored, by the dignified and impartial conduct of our com- the opposite and restrictive tenets, limiting us to the strict mon umpire, to perfect good humor. Should that um- exercise of certain enumerated and specific powers, had pure ever lose its high character for justice and impar- always distinguished your genuine democrat and only true tiality, we have a corrective in the form of our Govern- republican. The honorable member informed us that, by ment; but if it is to be had only by a calm and temperate the prevalence of this strict construction of the constituappeal to the judgment and feelings of the whole Amer- tion over the latitudinarian doctrines, the great political ican people, it can never be obtained by such addresses revolution of 1800 was effected, and that his mode of conand resolutions as those of Colleton or Abbeville. Rea-struction had ever since remained "the watch word of deson receives not in place of argument viclent denuncia- mocracy" and the strongest “test of political orthodoxy." tions or furious appeals to party and passion. During a He showed us by these means how the matchless spirit SENATE.] Mr. Foot's Resolution. [MARCH 4, 1830. of the West," the great advocate of the principles so de- the gentleman's ingenious argument is admirably calculatnounced, had always been a federalist, while on the other ed ad captandum, as it makes all our canals, rail roads, hand he barely intimated that a matchless spirit in the and turnpikes, which have required the assistance of South had perhaps been misrepresented on the same sub- Congress, the works of that anathematized "peace party ject. The intimation that the views of one statesman had in war," which, as we have been told here, has been thus been misunderstood, was accompanied by the admission struggling, since the earliest period of our history, to conthat there might be differences, and possibly honest differ- fer upon our rulers absolute power; and I will now disences, on the same subject, in the same party. This was miss it, that it may perform the duties of its mission, with all well, and my only reason for adverting to it is to ex- this single remark, that you may perceive, peeping through press my regret that so charitable a salvo was not extend- its foregone conclusions, how the bent of the gentleman's ed beyond the party line. But we were afterwards told mind, in condemning Southern votes, is evidently at this by the honorable member, that the resemblance between time inclining with a breeze to the north northeast-though the political character of the opposition and administration I still suppose that, "when the wind is southerly, he will parties, in 1798, 1812, and 1828, confers upon him, and know a hawk from a hand-saw." his political friends, "a title to old fashioned democracy, So far as the State which I have the honor in part to reas the same democratic States, with one or two exceptions present here, can furnish evidence to illustrate the title of only, are found, [he says] at each era, side by side, in the honorable member, and his political associates, to "old favor of Jefferson, Madison, and the hero of Orleans. On fashioned democracy," by the fact that a party odious to one side, Virginia and Pennsylvania, Carolina and Geor- them has always prevailed there, he is welcome to the evigia, Tennessee and Kentucky. On the other, Delaware dence for his own uses. It will never redound to her disand Massachussetts, Connecticut and divided Maryland." | credit. It can never be a cause of exultation to any man I shall hereafter take leave to present to the view of the who knows the history of his own country, and values his honorable member some coincidences much more striking own reputation, to find her always arrayed against him. than that which here appear to have caught his fancy. And as the honorable member has called my attention to Keeping in view now the position assumed by him in re- the subject, I will remind him what kind of a “peace pargard to the federalism of the Western Statesman, and other ty in war" we have always had in Delaware. We have advocates of Internal Improvement, I would inquire into ever had such a party there as "bewares of entrance to a the title to "old fashioned democracy" of Georgia, Caro- quarrel," but, being once engaged in it, puts forth all its lina, and other Southern States, here designated by him, energies of body and soul in the controversy, and for the on the 14th of March, 1818, when twenty-one of their Re- love of peace fairly fights out of it. We had a party of presentatives in the other House carried the resolution this kind at the bloody era of the American Revolution, which fully established this "federal" heresy-declaring contending against the usurpations of the British Crown"that Congress has power, under the constitution, to ap. a party which supplied more warriors in the cause of propriate money for the construction of post roads, military, American liberty, in proportion to our limited means and and other roads, and for the improvement of water courses.' population, than were furnished by any other State in the Four of the seven Representatives from South Carolina, whole confederation. The bones of many of that old parMr. Lowndes, Mr. Simkins, Mr. Middleton, and Mr. Er- ty were buried on Long Island, and at White Plains, at win, voted for this resolution, the two first named gentle- Princeton, at Brandywine, at Germantown, at Camden, at men advocating, in the debate to which it gave rise, the Guilford, at Eutaw, and at Yorktown; and your pension power of Congress to construct roads and canals. When rolls now show but fourteen of them alive and dependent the resolution was adopted, Mr. Lowndes declared that on your bounty. Many of that party were at Fort Mifflin the decision then made had settled the whole question. too; and the gentleman from Maryland, [General SMITH] Two thirds of the Georgia delegation, Mr. Abbott, Mr. J. the father of the American Senate, [himself one of the Crawford, Mr. Terrill, and Mr. Forsyth, now an honora- most distinguished patriots of the Revolution] who com ble Senator from that State, supported the same resolution. manded there, when referring in debate a few days since Did Carolina and Georgia then forfeit their "title to old to the conduct of one of them, Captain Hazzard, bore fashioned democracy Shall we not try them, too, as well testimony to that kind of peace-loving disposition in war as Delaware and Massachussetts, by the "strongest test of which we cherish, when, almost overpowered by the emopolitical orthodoxy?" If Delaware is here to be put on tion caused by a recurrence to the sad history of the suffer trial, she will stand his test admirably. Though generally ings of his gallant comrades, he described our old peace federal until 1826, when the new parties were formed, party troops as soldiers than whom better or braver had she was almost uniformly represented in this Senate, up to never existed. I am told that we had federalists who oppos that period, by federal gentlemen, holding on this subject ed the declaration of the last war, but those very federalists, the very tenets of the honorable member himself, always like their brethren of the opposite party, supported the confining the powers of the Government to the specific cause of their country through the whole war, with unbendand enumerated objects; and opposed alike to these acts ing firmness and devoted patriotism. We have national re for internal improvement and tariff' laws. In 1827 and publicans, I am now told; but as they are made up of the 1828, she was represented here by two able statesmen of same kind of materials which compose the peace parties I the opposite and latitudinarian creed, both of whom had have been describing, I shall be pardoned if I defer to been federalists; but at that time, sir, they were dyed in other judgment than that of the gentleman from New the wool by the Jackson process, and, of course, were Hampshire, and say that I am proud to represent them genuine republicans, as the honorable member will admit. here, even though, by so doing, I am placed in opposition They neither changed nor concealed their opinions. Were to an administration which claims to be exclusively demothey not" orthodox ?" One of them standing conspicu- cratic, and yet appoints more federalists to office than all ous for his talents in the ranks of the orthodox party, now, its predecessors have done since the revolution of 1801by their appointment, represents us at the proudest court always, nevertheless, keeping steadily in view this indis in Europe. It cannot be necessary to follow out the in-pensable qualification, that every federalist so appointed quiry further, to try the truth of his test by a reference to must be of the Jackson stamp. I shall ever feel attach musty records and by-gone events. If the honorable mem- ment for that party which seeks in peace to prepare for ber will pursue it, he will soon find himself, by the aid of war, by extending the beneficent action of this Government such a test, involved in the mazes of a labyrinth, from to increase the means of our defence, makes roads and which he could not escape in safety, even with the thread canals to transport our munitions in time of need, fortifies of an Ariadne to guide him. Sir, the whole of this part of our coast, improves our harbors, protects our commerce, MARCH 4, 1830.] Mr. Foot's Resolution. [SENATE. and has already built up a navy which is the glory of our tion, the Executive power could never be arbitrarily excountry and the admiration of the world. ercised. He advocated "the freedom of inquiry into the Sir, I must be pardoned for dwelling at length in reply exercise of Executive discretion and official trust in oppoto other remarks of the honorable member from New sition to Executive irresponsibility and unsearchableness, Hampshire, whose opinions and reasoning are regarded and to the suppression of free inquiry into our political by some of his political friends here as laying down the affairs." The Senator from Maine [Mr. HOLMES] merely law, and fixing the standard of political orthodoxy. When adverted to the general proscription in New England. In he had closed his remarks, the Senator from Missouri near reply to these gentlemen, the Senator from New Hamphim, [Mr. BENTON] arose in his place, and pronounced shire says he will not accept the invitation of the Senator the honorable gentleman to be his Peter, the rock on from Missouri, [Mr. BARTON] to stand on his new political which he wou'd build the great democratic church. platform, composed, as he considers it, of articles of op[Mr. BENTON having risen to explain, Mr. CLAY-position to the present administration; defends the whole TON gave way for the purpose. course of that administration, as "democratic and constiMr. BENTON-I did not say, “this is my Peter." Itutional," and informs us that, in the principle of removal said, "yes, this is Peter, and this Peter is the rock on from office, for even political motives, their policy only which the church of New England democracy shall be follows up the doctrines of the great revolution in 1800. built." This is what I said aloud, and what the Senate He speaks of these removals as mere rotation in office, heard. What I said in a lower tone, and not intended for first made by the people themselves, in the highest office the Senate, was this: "and the gates of hell shall not pre-in the land, the Chief Executive of the Union, for politivail against him."} cal cause, then inquires, triumphantly, if the same cause Mr.CLAYTON resumed: Sir, I accept this modification, should not affect the active deputics and subordinates, as and wish to present fairly, not only all the words, whether well as the principal. "Whatever disappointments and spoken on a high or a low key, but the action which was suffering by removal [says he] some individuals may susso admirably adapted to them. The gentleman from Mis-tain, yet they knew the legal tenure of their offices." He, souri, then, in the face of the Senate, extended his right therefore, thinks the agents of the people cannot fear the arm over the head of the gentleman from New Hampshire, cry of cruelty or persecution, because the power of rewith all the majesty of a Cardinal, or a full robed Bishop moval, as now exercised, only "changes one good man" about to pronounce a benediction on a new monarch, or to (that is, for political opinions) "for another good man," instal a new incumbent of the Papal See, and, as he now says, and, therefore, does no injury to the public. He then did not merely declare him to be his Peter, but announced proceeds to say these agents need not dread the discussion him to the world as the great Pontiff' of New England de- of the constitutionality of their exercise of this power, mocracy; and, of course, I suppose, (as that, by his for- thus plainly avowed by him to have been levelled at the mer admissions, is as good as any) of all other de right of opinion. Sir, the honorable Senator from Tenmocracy under the whole heavens. Sir, I had the rightnessee, [Mr. GRUNDY] if I rightly understood him, avowed to suppose that he who thus inducted him to office had the same opinions: for he denied the right of the Senate full powers, or he would not have performed the ceremo- to inquire into the causes of removal, and insisted that the ny. Give me leave to say, that, when I heard the new Pon- present administration had not gone beyond his principles tiff lay down his law in conformity with my old fashioned on this subject. He contended that the Senate would notions of the powers of the Judiciary, abjuring, as a po- transcend their constitutional power, and thus violate the litical heresy, all the new "Carolina doctrine," though instrument which it is their interest to preserve, by examseemingly endorsed by the Senator from Missouri himself, ining into and judging of the propriety of removals from I thought that I should stand at least one of the new office, or by controlling the Executive in the discharge of "tests of political orthodoxy," and I sincerely hoped that, this branch of his authority. He entered into a full discuson this subject, nothing might prevail against him. When sion of the rights of the President with great ingenuity, he issued this, his first bull, I felt disposed to register all his and manfully challenges us to come out boldly, and disrescripts, and I certainly have preached the very doctrine cuss this subject with his friends freely and frankly." The which it inculcated. But when I heard the American honorable gentleman is a formidable antagonist. He wields System denounced as a mere federal measure; when a long knife, with a strong arm, in defence of his friends; heard, too, from the same source, that a good officer ought to be removed before the regular expiration of his term, for party motives, or personal aggrandizement, and the whole proscriptive system of the new administration thus justified and extolled, then, sir, I confess (meaning nothing irreverent by my allusions) that I became a Dissenter and a Protestant, and, although I expect indulgence for such transgressions, I strongly suspect that I shall carry my abominable heresies to the grave. but when he throws down his gauntlet to what is here called the Opposition, and defies us to a contest with these principles of this administration, he will be met freely, frankly, and boldly too. Another year has rolled away. Our Ides of March are come. This day, which is the anniversary of the Chief Magistrate's inauguration, brings with it some strange reminiscences of the past, and some still stranger anticipations of the future. On the last 4th of March, and about The Senator from Missouri [Mr. BARTON] having, in this very hour of the day, the American Senate followed the range of this debate, invited the concurrence of others the American President in the progress of his stately triin certain fundamental principles and important objects, umph to that scene where, in the presence of assembled enumerated among the number the preservation of the thousands of his countrymen, he proclaimed to the world freedom and purity of elections, unawed by official pun- the principles upon which he intended to administer the ishments, and uncorrupted by official rewards, in opposi- government. Independently of the fact, that the whole tion to removals from office for the exercise of the great subject has been thrust into this debate, as I have stated, elective franchise, or to make room for the reward of par- there seems to be some propriety in devoting a portion of tisans in our Presidential elections, by the bestowal of the passing hour to the consideration of the extent and inpublic employments. He submitted that the power of fluence of Executive authority. These, on this day, would removals from office by the President was a high legal trust be proper subjects of reflection for the Chief Magistrate to be exercised for the public benefit, in sound discre- himself; and as we are his constitutional advisers, exercistion, for cause relating to the official conduct or fitness of ing, in one sense, a portion of the Executive power, we the incumbent; that the Senate of the United States had may learn our own duty better by the temperate examinarestraining powers in the matter of displacing, as well as tion of his. I concur with the gentleman that, in discussof appointing Federal officers: and that, by the constitu-ing this, or any other subject, involving a question of con |