CALL ON THE PRESIDENT FOR A COPY OF THE "PAPER READ TO THE CABINET."
In the first days of the session Mr. Clay submitted a resolution,
calling on the President to inform the Senate whether the "paper,"
published as alleged by his authority, and purporting to have been
read to the cabinet in relation to the removal of the deposits, "be
genuine or not;" and if it be "genuine," requesting him to cause a
copy of it to be laid before the Senate. Mr. Forsyth considered this
an unusual call, and wished to know for what purpose it was made. He
presumed no one had any doubt of the authenticity of the published
copy. He certainly had not. Mr. Clay justified his call on the
ground that the "paper" had been published--had become public--and
was a thing of general notoriety. If otherwise, and it had remained
a confidential communication to his cabinet, he certainly should not
ask for it; but not answering as to the use he proposed to make of
it, Mr. Forsyth returned to that point, and said he could imagine
that one branch of the legislature under certain circumstances might
have a right to call for it; but the Senate was not that branch.
If the paper was to be the ground of a criminal charge against the
President, and upon which he is to be brought to trial, it should
come from the House of Representatives, with the charges on which
he was to be tried. Mr. Clay rejoined, that as to the uses which
were to be made of this "paper" nothing seemed to run in the head of
the Senator from Georgia but an impeachment. This seemed to be the
only idea he could connect with the call. But there were many other
purposes for which it might be used, and he had never intended to
make it the ground of impeachment. It might show who was the real
author of the removal of the deposits--whether the President, or the
Secretary of the Treasury? and whether this latter might not have
been a mere automaton. Mr. Benton said there was no parliamentary
use that could be made of it, and no such use had been, or could
be specified. Only two uses can be made of a paper that may
be rightfully called for--one for legislation; the other for
impeachment; and not even in the latter case when self-crimination
was intended. No legislative use is intimated for this one; and the
criminal use is disavowed, and is obliged to be, as the Senate is
the tribunal to try, not the inquest to originate impeachments. But
this paper cannot be rightfully called for. It is a communication to
a cabinet; and communications to the cabinet are the same whether
in writing, or in a speech. It is all parol. Could the copy of a
speech made to the cabinet be called for? Could an account of the
President's conversation with his cabinet be called for? Certainly
not! and there is no difference between the written and the spoken
communication--between the set speech and a conversation--between a
thing made public, or kept secret. The President may refuse to give
the copy; and certainly will consult his rights and his self-respect
by so refusing. As for the contents of the paper, he has given them
to the country, and courts the judgment of the country upon it. He
avows his act--gives his reasons--and leaves it to all to judge.
He is not a man of concealments, or of irresponsibility. He gave
the paper to the public instantly, and authentically, with his name
fully signed to it; and any one can say what they please of it. If
it is wanted for an invective, or philippic, there it is! ready for
use, and seeking no shelter for want of authenticity. It is given
to the world, and is expected to stand the test of all examination.
Mr. Forsyth asked the yeas and nays on Mr. Clay's call; they were
ordered; and the resolution passed by 23 to 18. The next day the
President replied to it, and to the effect that was generally
foreseen. He declared the Executive to be a co-ordinate branch of
the government, and denied the right of the Senate to call upon him
for any copies of his communications to his cabinet--either written
or spoken. Feeling his responsibility to the American people, he
said he should be always ready to explain to them his conduct;
knowing the constitutional rights of the Senate, he should never
withhold from it any information in his power to give, and necessary
to the discharge of its duties. This was the end of the call; and
such an end was the full proof that it ought not to have been
made. No act could be predicated upon it--no action taken on its
communication--none upon the refusal, either of censure or coercion.
The President stood upon his rights; and the Senate could not, and
did not, say that he was wrong. The call was a wrong step, and gave
the President an easy and a graceful victory.