IN THE SENATE OF THE UNITED STATES, DECEMBER 5, 1833.

[THE bill to distribute the proceeds of the public lands,

introduced by Mr. Clay, passed both houses of congress on the

first of March, 1832, one day before the adjournment, and the

term of the twenty-second congress expired on Sunday, the third

of March, 1832. The majorities were so large in favor of the

bill, that it was believed if the president had immediately

returned the bill with his objections, on the second of March,

it would have been passed by the constitutional majority of

two thirds of the members present in each house, and thus

have become a law, notwithstanding the objections of president

Jackson. But the president adopted the unprecedented course

of retaining the bill until the next session of congress. In

December, 1833, the twenty-third congress assembled, and the

president sent a message to the senate, returning the land

bill which had been passed by the previous congress, with his

objections to the same, and stating that for want of time he

had not pursued the usual course. The message of the president,

assigning his reasons for the return of the bill, having been

read, Mr. Clay rose and made the following remarks.]

THIS measure had been first introduced into congress at the

session before the last, under circumstances which must be within the

recollection of every member of the senate. Its object was, to dispose

of the proceeds of the public lands for a limited time. The subject had

been greatly discussed not only in congress, but throughout the country.

The principles and provisions of the bill were well and generally

understood. The subject had attracted the attention of the chief

magistrate himself, and this bill was made the subject of commentary

in his message at the commencement of the last session of congress. It

must, therefore, be considered as a subject perfectly well understood

by the president, for it was not to be supposed that he would have

commented upon it, and recommended it to the attention of congress, if

it had not been understood. During the last session, this bill, which

had previously been before the house, was introduced in this body, and

was passed, and sent to the other house, whence it was returned with a

slight amendment, taking away the discretion which had been vested in

the state legislatures as to the disposal of the proceeds. This bill,

which had been before congress the session before the last, which

had passed at the last session, having been before the country for

a whole year, when it passed the two houses, was placed before the

executive, with a number of other measures, just before the close of

the last congress. As the subject had been before the president for

consideration so long previously to the passage of the bill, and he

had reflected upon it, it was not to have been expected that he would

take advantage of the shortness of the session to retain the bill until

this time. Yet such had been the fact, and a proceeding had taken place

which was unprecedented and alarming, and which, unless the people of

this country were lost to all sense of what was due to the legislative

branch of the government, to themselves, and to those principles of

liberty which had been transmitted to them from the revolution, they

would not tolerate. It was at least due to the legislature, that the

president should have sent a few lines, courteously informing them,

that when his own mind was made up he would communicate the result. But,

without deigning to make known his intention, or to impart the reasons

which influenced him, he despotically kept silence, and retained the

bill. He begged leave to congratulate the senate on the return of the

bill. The question which now presented itself was, whether the bill

was dead, in consequence of the non-action of the president, or whether

it had become an existing law. He was not now about to discuss that

question; but he had felt himself called on to make a few observations

on the extraordinary course, and to say that it was due to congress,

to the people, and to the executive himself, to have informed the last

congress in reference to this subject, concerning which he must have

made up his mind. He would now move to lay this bill on the table, and

would afterwards give notice of a day when he should ask leave to bring

in a bill in order to submit it again to the action of the senate.

Mr. Kane wished to know if it was the intention of the senator from

Kentucky that the bill should lie permanently on the table, or only to

be called up at an early day.

Mr. Clay replied that the only alternative was to consider the bill as

defunct, or as an existing law. If the gentleman from Illinois could

point out any other course, he had read some clause in the constitution

which he (Mr. Clay) had never been so fortunate as to find.

Mr. Benton said he would wish to make a remark; and, if he was

precluded by the pressing of this question, he would find some other

opportunity of making it.

The question was then taken on the motion to lay the bill upon the

table, and decided in the affirmative――ays nineteen.

Mr. Benton then moved to take up the message for consideration.

After further discussion, Mr. Clay said, he did not rise to reply

to any one who had felt himself called upon to rise in the senate to

_vindicate_ the president. If there were any such member, he did not

wish to disturb him in his office of vindicator of the president, or

to affect the complacency with which he might regard _his_ vindication.

But he (Mr. Clay) stood here to sustain his own course, to vindicate

the constitution, and to vindicate the rights of congress under it.

And he must repeat, that the withholding of the land bill, at the

last session, under the circumstances of the case, was a violation

of the constitution, and disrespectful to the senate. What were the

circumstances?

At two different sessions of congress, the land subject was before

it. At that which preceded the last, a bill had been introduced to

distribute among the states the proceeds of the public lands. The whole

subject, by the bill and by reports of committees, was laid before

congress and spread before the country. A copy of the bill, when it was

first introduced, according to the constant practice of congress, was

sent to the president. He was thus, as well as the country generally,

put in entire possession of the matter. It attracted great public

attention. It engaged that of the president. And, accordingly, at the

commencement of the last session, in his annual message, he adverted to

it, in a manner which evidently showed that the writer of the message

fully understood it, and all the views which had been developed about

it.

[Here Mr. Clay read the message of the last session, so far

as it related to the public lands, to show that the president

had himself invited the attention of congress to it, as one

of urgent and pressing importance; that the _discretion_ of

congress to make any disposition of the public lands, which

they might deem best for the harmony, union, and interest

of the United States, was uncontrolled; that the question

ought _speedily_ to be settled; and that the president had

_considered_, but objected to the bill of the previous session,

proposing, as a substitute, a plan of his own, which, while the

message on the table argued that the public lands belonged to

_all_ the states, proposed to give the unsold lands to _some_

of them.]

Thus was congress, at the commencement of the last session,

officially invited to act, and to act speedily, respecting the public

lands; and thus did the president manifest his knowledge of the

provisions of the bill of the previous session. Well, sir, congress

again took up the question. The identical bill of the previous session

was again introduced, and again, prior to its passage, placed before

the president, along with the other printed documents, according to

standing usage. And it was passed by both houses, substantially in the

shape in which at the previous session it was passed by the senate,

except that the restriction as to the power of the states to apply the

sum to be distributed among the several states, after the deduction of

the twelve and a half per centum first set apart for the new states,

was stricken out.

In this form, the bill was laid before the president on the second day

of March last. It was no stranger, but an old acquaintance. He had seen

it repeatedly before; and he must have been well informed as to its

progress in congress. He had commented on the very project contained

in the bill, when he had brought forward his own in his message, at

the opening of the session. Without deigning to communicate to congress

what disposition he had made, or meant to make of it, he permitted the

body to rise, in utter ignorance of his intentions.

It may be true, that there was a great press of business on the

president on the second of March, and that he may have acted upon

some ninety or one hundred bills. But this is what occurs with every

president on the day before the termination of the short session of

congress. With most of those bills the president must have been less

acquainted than he was with the land bill. Of some of them he probably

had never heard at all. Not one of them possessed the importance of

the land bill. How did it happen that the president could find time

to decide on so many new bills, and yet had not time to examine and

dispose of one which had long been before him and the public; one

embracing a subject which he thought the union, harmony, and interests

of the states required should be _speedily_ adjusted; one which he

himself had pronounced his judgment upon at the commencement of the

session? By withholding the bill, the president took upon himself a

responsibility beyond the exercise of the veto. He deprived congress

altogether of its constitutional right to act upon the bill, and to

pass it, his negative notwithstanding.

The president is, by the constitution, secured time to consider bills

which shall have passed both branches of congress. But so is congress

equally secured the right to act upon bills which they have passed, and

which the president may have thought proper to reject. If he exercises

his veto, and returns the bill, two thirds may pass it. But if he

withholds the bill, it cannot become a law, even although the two

houses should be unanimously in its favor.

Mr. Clay denied that the constitution gave to the president ten days

to consider bills, except at the long session. At that session, the

period of its termination is uncertain, and dependent upon the will of

congress. To guard against a sudden adjournment, by which the president

might be deprived of due time to deliberate on an important bill, the

constitution provides for ten days at that session. But, at the short

session, it is not an adjournment but a dissolution of congress, on

the third of March, and the day of that dissolution is fixed in the

constitution itself, and known to all.

Mr. Clay contended, therefore, that the act of withholding the bill

was arbitrary and unconstitutional, by which congress, and the senate

especially, in which the bill originated, were deprived of their

constitutional right of passing on the bill, after the president had

exercised his powers. Respect to congress required of the president,

if he really had not time to form a judgment on the bill, or,

having formed it, had not time to lay his reasons before the body, a

communication to that effect. But, without condescending to transmit

one word upon the subject to congress, he suffered the session to

terminate, and the members to go home destitute of all information,

until this day, of his intentions.

Mr. Benton then withdrew his motion to take up the bill.

ON THE REMOVAL OF THE PUBLIC DEPOSITS FROM THE BANK

OF THE UNITED STATES.

A Biography of Henry Clay, the Senator from Kentucky Containing Also, a Complete Report of All His Speeches; Selections From His Private Correspondence; Eulogies in the Senate and House; and a Poem, by George D. Prentice, Esq. · 第 148 / 250 题