"A very large public meeting was held at the Musical Fund Hall, Philadelphia, on Monday afternoon last, to compliment the whigs' of New-York on the late victory gained by them. Though thousands were in the huge room, other thousands could not get in! It was a complete 'jam.' John Sergeant was called to the chair, and delivered an address of 'great power and ability—one of the happiest efforts' of that distinguished man. Mr. Preston of the Senate, and Mr. McDuffie of the House of Representatives, were present. The first was loudly called for, when Mr. Sergeant had concluded, and he addressed the meeting at considerable length. Mr. McDuffie was then as loudly named, and he also spoke with his usual ardency and power, in which he paid a handsome compliment to Mr. Sergeant, who, though he had differed in opinion with him, he regarded as a 'sterling patriot,' &c. Each of these speeches were received with hearty and continued marks of approbation, and often interrupted with shouts of applause. The like, it is said, had never before been witnessed in Philadelphia. The people were in the highest possible state of enthusiasm." "An immense multitude of people partook of a collation in Castle Garden, New-York, on Tuesday afternoon, to celebrate the victory gained in the three days.' The garden was dressed with flags, and every thing prepared on a grand scale. Pipes of wine and barrels of beer were present in abundance, with a full supply of eatables. After partaking of refreshments (in which a great deal of business was done in a short time, by the thousands employed -for many mouths, like many hands, make quick work!) the meeting was organized, by appointing Benjamin Wells, carpenter, president, twelve vice-presidents, and four secretaries, of whom there was one cartman, one sail maker, one grocer, one watchmaker, one ship carpenter, one potter, one mariner, one physician, one printer, one surveyor, four merchants, &c. The president briefly, but strongly, addressed the multitude, as did several other gentlemen. A committee of congratulation from Philadelphia was presented to the people and received with shouts. When the time for adjournment arrived, the vast multitude, in a solid column, taking a considerable circuit, proceeded to Greenwich-street, where Mr. Webster was dining with a friend. Loudly called for, he came forward, and was instantly surrounded by a dense mass of merchants and cartmen, sailors and mechanics, professional men and laborers, &c., seizing him by his hands. He was asked to say a few words to the people, and did so. He exhorted them to perseverance in support of the constitution, and, as a dead silence prevailed, he was heard by thousands. He thanked them, and ended by hoping that God would bless them all." Saturday Messrs. Webster, Preston and Binney were expected at Baltimore; and, though raining hard, thousands assembled to meet them. Sunday they arrived, and were met by a dense mass, and speeches exacted. A reverend minister of the Gospel, in excuse of such a gathering on the Sabbath, said that in revolutionary times there were no Sabbaths. They were conducted to the hotel, where 5,000 well-dressed citizens received them with enthusiasm." "Mr. McDuffie reached Baltimore in the afternoon of Saturday last, on his return to Washington, and was received by from 1,500 to 2,000 people, who were waiting on the wharf for the purpose. He was escorted to the City Hotel, and, from the steps, addressed the crowd (now increased to about 3,000 persons), in as earnest a speech, perhaps, as he ever pronounced-and the manner of his delivery was not less forcible than the matter of his remarks. Mr. McD. spoke for about half an hour; and, while at one moment he produced a roar of laughter, in the next he commanded the entire attention of the audience, or elicited loud shouts of applause. "The brief addresses of Messrs. Webster, Binney, McDuffie, and Preston, to assembled multitudes in Baltimore, and the manner in which they were received, show a new state of feelings and of things in this city. When Mr. McDuffie said that ten days after the entrance of soldiers into the Senate chamber, to send the senators home, that 200,000 volunteers would be in Washington, there was such a shout as we have seldom before heard." "There was a mighty meeting of the people, and such a feast as was never before prepared in the United States, held near Philadelphia, on Tuesday last, as a rallying 'to support the constitution,' and 'in honor of the late whig victory at New-York,' a very large delegation from that city being in attendance, bringing with them their frigate-rigged and highly-finished boat, called the 'Constitution,' which had been passed through the streets during the 'three days.' The arrival of the steamboat with this delegation on board, and the procession that was then formed, are described in glowing terms. The whole number congregated was supposed not to be less than fifty thousand, multitudes attending from adjacent parts of Pennsylvania, New Jersey, Delaware, &c. Many cattle and other animals had been roasted whole, and there were 200 great rounds of beef, 400 hams, as many beeves' tongues, &c., and 15,000 loaves of bread, with crackers and cheese, &c., and equal supplies of wine, beer, and cider. This may give some idea of the magnitude of the feast. John Sergeant presided, assisted by a large number of vicepresidents, &c. Strong bands of music played at intervals, and several salutes were fired from the miniature frigate, which were returned by heavy artillery provided for the purpose." Notices, such as these, might be cited in any number; but those given are enough to show to what a degree people can be excited, when a great moneyed power, and a great political party, combine for the purpose of exciting the passions through the public sufferings and the public alarms. Immense amounts of money were expended in these operations; and it was notorious that it chiefly came from the great moneyed corporation in Philadelphia. CHAPTER CIII. SENATORIAL CONDEMNATION OF PRESIDENT kins of Pennsylvania; Silas Wright of New York.-20. And thus the resolution was passed, and was nothing but an empty fulmination -a mere personal censure-having no relation to any business or proceeding in the Senate; and evidently intended for effect on the people. To increase this effect, Mr. Clay proposed a resolve that the Secretary should count the names of the signers to the memorials for and against the act of the removal, and strike the balance between them, which he computed at an hundred thousand: evidently intending to add the effect of this popular voice to the weight of the Isenatorial condemnation. The number turned means by which they were collected. MR. CLAY and Mr. Calhoun were the two lead-out to be unexpectedly small, considering the ing spirits in the condemnation of President Jackson. Mr. Webster did not speak in favor of their resolution, but aided it incidentally in the delivery of his distress speeches. The resolution was theirs, modified from time to time by themselves, without any vote of the Senate, and by virtue of the privilege which belongs to the mover of any motion to change it as he pleases, until the Senate, by some action upon it, makes it its own. It was altered repeatedly, and up to the last moment; and after undergoing its final mutation, at the moment when the yeas and nays were about to be called, it was passed by the same majority that would have voted for it on the first day of its introduction. The yeas were: Messrs. Bibb of Kentucky; Black of Mississippi; Calhoun; Clay; Clayton of Delaware; Ewing of Ohio; Frelinghuysen of New Jersey; Kent of Maryland; Knight of Rhode Island; Leigh of Virginia; Mangum of North Carolina; Naudain of Delaware; Poindexter of Mississippi; Porter of Louisiana; Prentiss of Vermont; Preston of South Carolina; Robbins of Rhode Island; Silsbee of Massachusetts; Nathan Smith of Connecticut; Southard of New Jersey; Sprague of Maine; Swift of Vermont; Tomlinson of Connecticut; Tyler of Virginia; Waggaman of Louisiana; Webster.-26. The nays were: Messrs. Benton; Brown of North Carolina; Forsyth of Georgia; Grundy of Tennessee; Hendricks of Indiana; Hill of New Hampshire; Kane of Illinois; King of Alabama; King of Georgia; Linn of Missouri; McKean of Pennsylvania; Moore of Alabama; Morris, of Ohio; Robinson of Illinois; Shepley of Maine; Tallmadge of New York; Tipton of Indiana; Hugh L. White of Tennessee; Wil When passed, the total irrelevance of the resolution to any right or duty of the Senate was made manifest by the insignificance that attended its decision. There was nothing to be done with it, or upon it, or under it, or in relation to it. It went to no committee, laid the foundation for no action, was not communicable to the other House, or to the President; and remained an intrusive fulmination on the Senate Journal: put there not for any legislative purpose, but purely and simply for popular effect. Great reliance was placed upon that effect. It was fully believed-notwithstanding the experience of the Senate, in Mr. Van Buren's case-that a senatorial condemnation would destroy whomsoever it struck-even General Jackson. Vain calculation! and equally condemned by the lessons of history, and by the impulsions of the human heart. Fair play is the first feeling of the masses; a fair and impartial trial is the law of the heart, as well as of the land; and no condemnation is tolerated of any man by his enemies. All such are required to retire from the box and the bench, on a real trial: much more to refrain from a simulated one; and above all from instigating one. Mr. Calhoun and Mr. Clay were both known to have their private griefs against General Jackson and also to have been in vehement opposition to each other, and that they had "compromised" their own bone of contention to be able to act in conjunction against him. The instinctive sagacity of the people saw all this; and their innate sense of justice and decorum revolted at it; and at the end of these proceedings, the results were in exact contradiction to the calculation of their effect. General Jackson was more popular than ever; the leaders in the exposing the rottenness of their ally, the bank movement against him were nationally crippled ;-showing its corruption in conciliating politi their friends, in many instances, were politically destroyed in their States. It was a second edition of "Fox's martyrs." cians, and its criminality in distressing the peo- During all the progress of this proceeding while a phalanx of orators and speakers were daily fulminating against him-while many hundred newspapers incessantly assailed himwhile public meetings were held in all parts, and men of all sorts, even beardless youths, harangued against him as if he had been a Nero -while a stream of committees was pouring upon him (as they were called), and whom he soon refused to receive in that character; during the hundred days that all this was going on, and to judge from the imposing appearance which the crowds made that came to Washington to bring up the "distress," and to give countenance to the Senate, and emphasis to its proceedings, and to fill the daily gallery, applauding the speakers against the President-saluting with noise and confusion those who spoke on his side: during all this time, and when a nation seemed to be in arms, and the earth in commotion against him, he was tranquil and quiet, confident of eventual victory, and firmly relying upon God and the people to set all right. I was accustomed to see him often during that time, always in the night (for I had no time to quit my seat during the day); and never saw him appear more truly heroic and grand than at this time. He was perfectly mild in his language, cheerful in his temper, firm in his conviction; and confident in his reliance on the power in which he put his trust. I have seen him in a great many situations of peril, and even of desperation, both civil and military, and always saw him firmly relying upon the success of the right through God and the people; and never saw that confidence more firm and steady than now. After giving him an But although fictitious and forged, yet the account of the day's proceedings, talking over distress was real, and did an immensity of misthe state of the contest, and ready to return to chief. Vast numbers of individuals were ruinsleep a little, and prepare much, for the combats ed, or crippled in their affairs; a great many of the next day, he would usually say: "We banks were broken—a run being made upon all shall whip them yet. The people will take it that would not come into the system of the naup after a while." But he also had good de- tional bank. The deposit banks above all were fenders present, and in both Houses, and men selected for pressure. Several of them were who did not confine themselves to the defensive driven to suspension-some to give up the de-did not limit themselves to returning blow posits-and the bank in Washington, in which for blow-but assailed the assailants-boldly the treasury did its business, was only saved charging upon them their own illegal conduct-[from closing its doors by running wagons with specie through mud and mire from the mint in Philadelphia to the bank in Washington, to supply the place of what was hauled from the bank in Washington to the national bank in Philadelphia-the two sets of wagons, one going and one coming, often passing each other on the road. But, while ruin was going on upon others, the great corporation in Philadelphia was doing well. The distress of the country was its harvest; and its monthly returns showed constant increases of specie. late to the officers of the Senate, to their chamber, and other appurtenances, or to subjects of order, and other matters of the like nature-in all which either House may lawfully proceed without any co-operation with the other, or with the President. "On the contrary the whole phraseology and sense of the resolution seem to be judicial. Its essence, true character, and only practical effect, are to be found in the conduct which it charges upon the President, and in the judgment which it pronounces on that conduct. The resolution, therefore, though discussed and adopted by the Senate in its legislative capacity, is, in its office, and in all its characteristics, essentially judicial. equally plain that neither the President nor any other officer can be rightfully subjected to the operation of the judicial power of the Senate, except in the cases and under the forms pre When all was over, and the Senate's sentence had been sent out to do its office among "That the Senate possesses a high judicial the people, General Jackson felt that the time power, and that instances may occur in which had come for him to speak; and did so in a nable to it, is undeniable. But under the prothe President of the United States will be ame"Protest," addressed to the Senate, and re-visions of the constitution, it would seem to be markable for the temperance and moderation of its language. He had considered the proceeding against him, from the beginning, as illegal and void—as having no legislative aim or object-as being intended merely for censure; and, therefore, not coming within any power or duty of the Senate. He deemed it extra-judicial and unparliamentary, legally no more than the act of a town meeting, while in--that the House of Representatives 'shall have vested with the forms of a legal proceeding; and intended to act upon the public mind with the force of a sentence of conviction on an im- "The resolution in question was introduced, discussed, and passed, not as a joint, but as a separate resolution. It asserts no legislative power, proposes no legislative action; and neither possesses the form nor any of the attributes of a legislative measure. It does not appear to have been entertained or passed, with any view or expectation of its issuing in a law or joint resolution, or in the repeal of any law or joint resolution, or in any other legislative action. scribed by the constitution. "The constitution declares that 'the President, Vice-President, and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of treason, bribery, or other high crimes and misdemeanors' the sole power of impeachment'-that the Senate shall have the sole power to try all impeachments' that 'when sitting for that purpose, they shall be on oath or affirmation'-that when the President of the United States is tried, the Chief Justice shall preside'-that no person shall be convicted without the concurand that 'judgment shall not extend further rence of two-thirds of the members present' than to remove from office, and disqualification to hold and enjoy any office of honor, trust or profit, under the United States.' "The resolution above quoted, charges in substance that in certain proceedings relating to the public revenue, the President has usurped authority and power not conferred upon him by the constitution and laws, and that in doing so he violated both. Any such act constitutes a high crime-one of the highest, indeed, which the President can commit-a crime which justly exposes him to impeachment by the House of Representatives, and upon due conviction, to removal from office, and to the complete and immutable disfranchisement prescribed by the constitution. "Whilst wanting both the form and substance of a legislative measure, it is equally manifest, that the resolution was not justified by any of the executive powers conferred on the Senate. "The resolution, then, was in substance an These powers relate exclusively to the consider-impeachment of the President; and in its pasation of treaties and nominations to office; and sage amounts to a declaration by a majority of they are exercised in secret session, and with the Senate, that he is guilty of an impeachable closed doors. This resolution does not apply offence. As such it is spread upon the journals to any treaty or nomination, and was passed in of the Senate-published to the nation and to a public session. the world-made part of our enduring archives "Nor does this proceeding in any way belong to that class of incidental resolutions which re and incorporated in the history of the age. The punishment of removal from office and fu ture disqualification, does not, it is true, follow this decision; nor would it have followed the like decision, if the regular forms of proceeding had been pursued, because the requisite number did not concur in the result. But the moral influence of a solemn declaration, by a majority of the Senate, that the accused is guilty of the offence charged upon him, has been as effectually secured, as if the like declaration had been made upon an impeachment expressed in the same terms. Indeed, a greater practical effect has been gained, because the votes given for the resolution, though not sufficient to authorize a judgment of guilty on an impeachment, were numerous enough to carry that resolution. not cally disregarded, in the commencement and conduct of these proceedings, but in their result, I find myself convicted by less than two-thirds of the members present, of an impeachable offence." Having thus shown the proceedings of the Senate to have been extra-judicial and the mere fulmination of a censure, such as might come from a "mass meeting," and finding no warrant in any right or duty of the body, and intended for nothing but to operate upon him personally, he then showed that senators from three States had voted contrary to the sense of their respective State legislatures. On this point he said: "There are also some other circumstances con "That the resolution does not expressly allege that the assumption of power and authority, which it condemns, was intentional and corrupt, is no answer to the preceding view of its char- nected with the discussion and passage of the acter and effect. The act thus condemned, neresolution, to which I feel it to be, not only my cessarily implies volition and design in the in- right, but my duty to refer. It appears by the dividual to whom it is imputed, and being un-six senators who voted for the resolution on its journal of the Senate, that among the twentylawful in its character, the legal conclusion is; final passage, and who had supported it in dethat it was prompted by improper motives, and bate, in its original form, were one of the senacommitted with an unlawful intent. The charge is not of a mistake in the exercise of supposed tors from the State of Maine, the two senators powers, but of the assumption of powers from New Jersey, and one of the senators from conferred by the constitution and laws, but in Ohio. It also appears by the same journal, and derogation of both, and nothing is suggested to by the files of the Senate, that the legislatures of excuse or palliate the turpitude of the act. In these States had severally expressed their opinthe absence of any such excuse, or palliation, ions in respect to the Executive proceedings there is room only for one inference; and that drawn in question before the Senate. is, that the intent was unlawful and corrupt.clared by their votes that the President, in the Besides, the resolution not only contains no mitigating suggestion, but on the contrary, it holds up the act complained of as justly obnoxious to censure and reprobation; and thus as distinctly stamps it with impurity of motive, as if the strongest epithets had been used. "The President of the United States, therefore, has been by a majority of his constitutional triers, accused and found guilty of an impeachable offence; but in no part of this proceeding have the directions of the constitution been ob served. "It is thus seen that four senators have de late Executive proceedings in relation to the revenue, had been guilty of the impeachable of fence of assuming upon himself authority and power not conferred by the constitution and laws, but in derogation of both,' whilst the legislatures of their respective States had deliberately approved those very proceedings, as consistent with the constitution, and demanded by the public good. If these four votes had been given in accordance with the sentiments of the legisla tures, as above expressed, there would have been but twenty-four votes out of forty-six for cencord of his conviction could not have been placed suring the President, and the unprecedented reupon the journals of the Senate. "The impeachment, instead of being preferred and prosecuted by the House of Representatives, originated in the Senate, and was prosecuted without the aid or concurrence of the other House. The oath or affirmation pre-structions of State legislatures, I disclaim and "In thus referring to the resolutions and inscribed by the constitution, was not taken by repudiate all authority or design to interfere with the senators; the Chief Justice did not preside; the responsibility due from members of the Seno notice of the charge was given to the accused; and no opportunity afforded him to respond nate to their own consciences, their constituents to the accusation, to meet his accusers face to and their country. The facts now stated belong face, to cross-examine the witnesses, to procure to the history of these proceedings, and are imcounteracting testimony, or to be heard in his portant to the just development of the principles defence. The safeguards and formalities which and interests involved in them, as well as to the the constitution has connected with the power and with that view, and that view only, are they proper vindication of the Executive department; of impeachment, were doubtless supposed by here made the topic of remark.” the framers of that instrument, to be essential to the protection of the public servant, to the attainment of justice, and to the order, impartiality, and dignity of the procedure. These test against the Senate's proceedings in these safeguards and formalities were not only practi- words: The President then entered his solemn pro |