APRIL 15, 1834.

_To the Senate of the United States_:

It appears by the published Journal of the Senate that on the 26th of

December last a resolution was offered by a member of the Senate, which

after a protracted debate was on the 28th day of March last modified

by the mover and passed by the votes of twenty-six Senators out of

forty-six who were present and voted, in the following words, viz:

_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.

Having had the honor, through the voluntary suffrages of the American

people, to fill the office of President of the United States during

the period which may be presumed to have been referred to in this

resolution, it is sufficiently evident that the censure it inflicts was

intended for myself. Without notice, unheard and untried, I thus find

myself charged on the records of the Senate, and in a form hitherto

unknown in our history, with the high crime of violating the laws and

Constitution of my country.

It can seldom be necessary for any department of the Government, when

assailed in conversation or debate or by the strictures of the press or

of popular assemblies, to step out of its ordinary path for the purpose

of vindicating its conduct or of pointing out any irregularity or

injustice in the manner of the attack; but when the Chief Executive

Magistrate is, by one of the most important branches of the Government

in its official capacity, in a public manner, and by its recorded

sentence, but without precedent, competent authority, or just cause,

declared guilty of a breach of the laws and Constitution, it is due to

his station, to public opinion, and to a proper self-respect that the

officer thus denounced should promptly expose the wrong which has been

done.

In the present case, moreover, there is even a stronger necessity for

such a vindication. By an express provision of the Constitution, before

the President of the United States can enter on the execution of his

office he is required to take an oath or affirmation in the following

words:

I do solemnly swear (or affirm) that I will faithfully execute the

office of President of the United States and will to the best of my

ability preserve, protect, and defend the Constitution of the United

States.

The duty of defending so far as in him lies the integrity of the

Constitution would indeed have resulted from the very nature of his

office, but by thus expressing it in the official oath or affirmation,

which in this respect differs from that of any other functionary, the

founders of our Republic have attested their sense of its importance

and have given to it a peculiar solemnity and force. Bound to the

performance of this duty by the oath I have taken, by the strongest

obligations of gratitude to the American people, and by the ties which

unite my every earthly interest with the welfare and glory of my

country, and perfectly convinced that the discussion and passage of

the above-mentioned resolution were not only unauthorized by the

Constitution, but in many respects repugnant to its provisions and

subversive of the rights secured by it to other coordinate departments,

I deem it an imperative duty to maintain the supremacy of that sacred

instrument and the immunities of the department intrusted to my care

by all means consistent with my own lawful powers, with the rights of

others, and with the genius of our civil institutions. To this end I

have caused this my _solemn protest_ against the aforesaid proceedings

to be placed on the files of the executive department and to be

transmitted to the Senate.

It is alike due to the subject, the Senate, and the people that the

views which I have taken of the proceedings referred to, and which

compel me to regard them in the light that has been mentioned, should

be exhibited at length, and with the freedom and firmness which are

required by an occasion so unprecedented and peculiar.

Under the Constitution of the United States the powers and functions

of the various departments of the Federal Government and their

responsibilities for violation or neglect of duty are clearly defined

or result by necessary inference. The legislative power is, subject to

the qualified negative of the President, vested in the Congress of the

United States, composed of the Senate and House of Representatives; the

executive power is vested exclusively in the President, except that in

the conclusion of treaties and in certain appointments to office he is

to act with the advice and consent of the Senate; the judicial power is

vested exclusively in the Supreme and other courts of the United States,

except in cases of impeachment, for which purpose the accusatory power

is vested in the House of Representatives and that of hearing and

determining in the Senate. But although for the special purposes which

have been mentioned there is an occasional intermixture of the powers of

the different departments, yet with these exceptions each of the three

great departments is independent of the others in its sphere of action,

and when it deviates from that sphere is not responsible to the others

further than it is expressly made so in the Constitution. In every other

respect each of them is the coequal of the other two, and all are the

servants of the American people, without power or right to control or

censure each other in the service of their common superior, save only

in the manner and to the degree which that superior has prescribed.

The responsibilities of the President are numerous and weighty.

He is liable to impeachment for high crimes and misdemeanors, and on

due conviction to removal from office and perpetual disqualification;

and notwithstanding such conviction, he may also be indicted and

punished according to law. He is also liable to the private action

of any party who may have been injured by his illegal mandates or

instructions in the same manner and to the same extent as the humblest

functionary. In addition to the responsibilities which may thus be

enforced by impeachment, criminal prosecution, or suit at law, he

is also accountable at the bar of public opinion for every act of his

Administration. Subject only to the restraints of truth and justice,

the free people of the United States have the undoubted right, as

individuals or collectively, orally or in writing, at such times and in

such language and form as they may think proper, to discuss his official

conduct and to express and promulgate their opinions concerning it.

Indirectly also his conduct may come under review in either branch of

the Legislature, or in the Senate when acting in its executive capacity,

and so far as the executive or legislative proceedings of these bodies

may require it, it may be exercised by them. These are believed to be

the proper and only modes in which the President of the United States

is to be held accountable for his official conduct.

Tested by these principles, the resolution of the Senate is wholly

unauthorized by the Constitution, and in derogation of its entire

spirit. It assumes that a single branch of the legislative department

may for the purposes of a public censure, and without any view to

legislation or impeachment, take up, consider, and decide upon the

official acts of the Executive. But in no part of the Constitution is

the President subjected to any such responsibility, and in no part of

that instrument is any such power conferred on either branch of the

Legislature.

The justice of these conclusions will be illustrated and confirmed by

a brief analysis of the powers of the Senate and a comparison of their

recent proceedings with those powers.

The high functions assigned by the Constitution to the Senate are in

their nature either legislative, executive, or judicial. It is only in

the exercise of its judicial powers, when sitting as a court for the

trial of impeachments, that the Senate is expressly authorized and

necessarily required to consider and decide upon the conduct of the

President or any other public officer. Indirectly, however, as has

already been suggested, it may frequently be called on to perform that

office. Cases may occur in the course of its legislative or executive

proceedings in which it may be indispensable to the proper exercise of

its powers that it should inquire into and decide upon the conduct of

the President or other public officers, and in every such case its

constitutional right to do so is cheerfully conceded. But to authorize

the Senate to enter on such a task in its legislative or executive

capacity the inquiry must actually grow out of and tend to some

legislative or executive action, and the decision, when expressed,

must take the form of some appropriate legislative or executive act.

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.

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. These powers relate

exclusively to the consideration of treaties and nominations to office,

and they are exercised in secret session and with closed doors. This

resolution does not apply to any treaty or nomination, and was passed

in a public session.

Nor does this proceeding in any way belong to that class of incidental

resolutions which relate 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 cooperation 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.

That the Senate possesses a high judicial power and that instances may

occur in which the President of the United States will be amenable to it

is undeniable; but under the provisions of the Constitution it would

seem to be 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 prescribed

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;" that the House of Representatives "shall have 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 concurrence of two-thirds of the members

present," and that "judgment shall not extend further than to removal

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. The resolution, then, was in substance an impeachment of

the President, and in its passage amounts to a declaration by a majority

of the Senate that he is guilty of an impeachable offense. As such it is

spread upon the journals of the Senate, published to the nation and to

the world, made part of our enduring archives, and incorporated in the

history of the age. The punishment of removal from office and future

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 offense 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.

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 character and effect. The act thus

condemned necessarily implies volition and design in the individual to

whom it is imputed, and, being unlawful in its character, the legal

conclusion is that it was prompted by improper motives and committed

with an unlawful intent. The charge is not of a mistake in the exercise

of supposed powers, but of the assumption of powers not conferred by

the Constitution and laws, but in derogation of both, and nothing is

suggested to excuse or palliate the turpitude of the act. In the absence

of any such excuse or palliation there is only room for one inference,

and that is that the intent was unlawful and corrupt. Besides, the

resolution not only contains no mitigating suggestions, 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

offense, but in no part of this proceeding have the directions of the

Constitution been observed.

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

prescribed by the Constitution was not taken by the Senators, the Chief

Justice did not preside, no notice of the charge was given to the

accused, and no opportunity afforded him to respond to the accusation,

to meet his accusers face to face, to cross-examine the witnesses, to

procure counteracting testimony, or to be heard in his defense. The

safeguards and formalities which the Constitution has connected with

the power of impeachment were doubtless supposed by 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 safeguards and formalities were not only

practically 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 offense.

In vain may it be alleged in defense of this proceeding that the form of

the resolution is not that of an impeachment or of a judgment thereupon,

that the punishment prescribed in the Constitution does not follow its

adoption, or that in this case no impeachment is to be expected from the

House of Representatives. It is because it did not assume the form of an

impeachment that it is the more palpably repugnant to the Constitution,

for it is through that form only that the President is judicially

responsible to the Senate; and though neither removal from office nor

future disqualification ensues, yet it is not to be presumed that the

framers of the Constitution considered either or both of those results

as constituting the whole of the punishment they prescribed. The

judgment of _guilty_ by the highest tribunal in the Union, the stigma it

would inflict on the offender, his family, and fame, and the perpetual

record on the Journal, handing down to future generations the story of

his disgrace, were doubtless regarded by them as the bitterest portions,

if not the very essence, of that punishment. So far, therefore, as some

of its most material parts are concerned, the passage, recording, and

promulgation of the resolution are an attempt to bring them on the

President in a manner unauthorized by the Constitution. To shield him

and other officers who are liable to impeachment from consequences

so momentous, except when really merited by official delinquencies,

the Constitution has most carefully guarded the whole process of

impeachment. A majority of the House of Representatives must think the

officer guilty before he can be charged. Two-thirds of the Senate must

pronounce him guilty or he is deemed to be innocent. Forty-six Senators

appear by the Journal to have been present when the vote on the

resolution was taken. If after all the solemnities of an impeachment

thirty of those Senators had voted that the President was guilty, yet

would he have been acquitted; but by the mode of proceeding adopted in

the present case a lasting record of conviction has been entered up by

the votes of twenty-six Senators without an impeachment or trial, whilst

the Constitution expressly declares that to the entry of such a judgment

an accusation by the House of Representatives, a trial by the Senate,

and a concurrence of two-thirds in the vote of guilty shall be

indispensable prerequisites.

Whether or not an impeachment was to be expected from the House of

Representatives was a point on which the Senate had no constitutional

right to speculate, and in respect to which, even had it possessed the

spirit of prophecy, its anticipations would have furnished no just

ground for this procedure. Admitting that there was reason to believe

that a violation of the Constitution and laws had been actually

committed by the President, still it was the duty of the Senate, as his

sole constitutional judges, to wait for an impeachment until the other

House should think proper to prefer it. The members of the Senate

could have no right to infer that no impeachment was intended. On the

contrary, every legal and rational presumption on their part ought to

have been that if there was good reason to believe him guilty of an

impeachable offense the House of Representatives would perform its

constitutional duty by arraigning the offender before the justice of

his country. The contrary presumption would involve an implication

derogatory to the integrity and honor of the representatives of the

people. But suppose the suspicion thus implied were actually entertained

and for good cause, how can it justify the assumption by the Senate of

powers not conferred by the Constitution?

It is only necessary to look at the condition in which the Senate and

the President have been placed by this proceeding to perceive its utter

incompatibility with the provisions and the spirit of the Constitution

and with the plainest dictates of humanity and justice.

If the House of Representatives shall be of opinion that there is just

ground for the censure pronounced upon the President, then will it be

the solemn duty of that House to prefer the proper accusation and to

cause him to be brought to trial by the constitutional tribunal. But in

what condition would he find that tribunal? A majority of its members

have already considered the case, and have not only formed but expressed

a deliberate judgment upon its merits. It is the policy of our benign

systems of jurisprudence to secure in all criminal proceedings, and even

in the most trivial litigations, a fair, unprejudiced, and impartial

trial, and surely it can not be less important that such a trial should

be secured to the highest officer of the Government.

The Constitution makes the House of Representatives the exclusive

judges, in the first instance, of the question whether the President

has committed an impeachable offense. A majority of the Senate, whose

interference with this preliminary question has for the best of all

reasons been studiously excluded, anticipate the action of the House of

Representatives, assume not only the function which belongs exclusively

to that body, but convert themselves into accusers, witnesses, counsel,

and judges, and prejudge the whole case, thus presenting the appalling

spectacle in a free State of judges going through a labored preparation

for an impartial hearing and decision by a previous _ex parte_

investigation and sentence against the supposed offender.

There is no more settled axiom in that Government whence we derived the

model of this part of our Constitution than that "the lords can not

impeach any to themselves, nor join in the accusation, _because they

are judges_." Independently of the general reasons on which this rule

is founded, its propriety and importance are greatly increased by the

nature of the impeaching power. The power of arraigning the high

officers of government before a tribunal whose sentence may expel them

from their seats and brand them as infamous is eminently a popular

remedy--a remedy designed to be employed for the protection of private

right and public liberty against the abuses of injustice and the

encroachments of arbitrary power. But the framers of the Constitution

were also undoubtedly aware that this formidable instrument had been and

might be abused, and that from its very nature an impeachment for high

crimes and misdemeanors, whatever might be its result, would in most

cases be accompanied by so much of dishonor and reproach, solicitude and

suffering, as to make the power of preferring it one of the highest

solemnity and importance. It was due to both these considerations that

the impeaching power should be lodged in the hands of those who from

the mode of their election and the tenure of their offices would most

accurately express the popular will and at the same time be most

directly and speedily amenable to the people. The theory of these wise

and benignant intentions is in the present case effectually defeated by

the proceedings of the Senate. The members of that body represent not

the people, but the States; and though they are undoubtedly responsible

to the States, yet from their extended term of service the effect of

that responsibility during the whole period of that term must very much

depend upon their own impressions of its obligatory force. When a body

thus constituted expresses beforehand its opinion in a particular case,

and thus indirectly invites a prosecution, it not only assumes a power

intended for wise reasons to be confined to others, but it shields the

latter from that exclusive and personal responsibility under which it

was intended to be exercised, and reverses the whole scheme of this

part of the Constitution.

Such would be some of the objections to this procedure, even if it were

admitted that there is just ground for imputing to the President the

offenses charged in the resolution. But if, on the other hand, the House

of Representatives shall be of opinion that there is no reason for

charging them upon him, and shall therefore deem it improper to prefer

an impeachment, then will the violation of privilege as it respects that

House, of justice as it regards the President, and of the Constitution

as it relates to both be only the more conspicuous and impressive.

The constitutional mode of procedure on an impeachment has not only been

wholly disregarded, but some of the first principles of natural right

and enlightened jurisprudence have been violated in the very form of the

resolution. It carefully abstains from averring in _which_ of "the late

proceedings in relation to the public revenue the President has assumed

upon himself authority and power not conferred by the Constitution and

laws," It carefully abstains from specifying _what laws_ or _what parts_

of the Constitution have been violated. Why was not the certainty of the

offense--"the nature and cause of the accusation"--set out in the manner

required in the Constitution before even the humblest individual, for

the smallest crime, can be exposed to condemnation? Such a specification

was due to the accused that he might direct his defense to the real

points of attack, to the people that they might clearly understand in

what particulars their institutions had been violated, and to the truth

and certainty of our public annals. As the record now stands, whilst

the resolution plainly charges upon the President at least one act of

usurpation in "the late Executive proceedings in relation to the public

revenue," and is so framed that those Senators who believed that one

such act, and only one, had been committed could assent to it, its

language is yet broad enough to include several such acts, and so it

may have been regarded by some of those who voted for it. But though

the accusation is thus comprehensive in the censures it implies, there

is no such certainty of time, place, or circumstance as to exhibit the

particular conclusion of fact or law which induced any one Senator to

vote for it; and it may well have happened that whilst one Senator

believed that some particular act embraced in the resolution was an

arbitrary and unconstitutional assumption of power, others of the

majority may have deemed that very act both constitutional and

expedient, or, if not expedient, yet still within the pale of the

Constitution; and thus a majority of the Senators may have been enabled

to concur in a vague and undefined accusation that the President, in

the course of "the late Executive proceedings in relation to the public

revenue," had violated the Constitution and laws, whilst if a separate

vote had been taken in respect to each particular act included within

the general terms the accusers of the President might on any such vote

have been found in the minority.

Still further to exemplify this feature of the proceeding, it is

important to be remarked that the resolution as originally offered

to the Senate specified with adequate precision certain acts of the

President which it denounced as a violation of the Constitution and

laws, and that it was not until the very close of the debate, and

when perhaps it was apprehended that a majority might not sustain the

specific accusation contained in it, that the resolution was so modified

as to assume its present form. A more striking illustration of the

soundness and necessity of the rules which forbid vague and indefinite

generalities and require a reasonable certainty in all judicial

allegations, and a more glaring instance of the violation of those

rules, has seldom been exhibited.

In this view of the resolution it must certainly be regarded not as a

vindication of any particular provision of the law or the Constitution,

but simply as an official rebuke or condemnatory sentence, too general

and indefinite to be easily repelled, but yet sufficiently precise to

bring into discredit the conduct and motives of the Executive. But

whatever it may have been intended to accomplish, it is obvious that

the vague, general, and abstract form of the resolution is in perfect

keeping with those other departures from first principles and settled

improvements in jurisprudence so properly the boast of free countries

in modern times. And it is not too much to say of the whole of these

proceedings that if they shall be approved and sustained by an

intelligent people, then will that great contest with arbitrary power

which had established in statutes, in bills of rights, in sacred

charters, and in constitutions of government the right of every citizen

to a notice before trial, to a hearing before conviction, and to an

impartial tribunal for deciding on the charge have been waged in vain.

If the resolution had been left in its original form it is not to be

presumed that it could ever have received the assent of a majority

of the Senate, for the acts therein specified as violations of the

Constitution and laws were clearly within the limits of the Executive

authority. They are the "dismissing the late Secretary of the Treasury

because he would not, contrary to his sense of his own duty, remove the

money of the United States in deposit with the Bank of the United States

and its branches in conformity with the President's opinion, and

appointing his successor to effect such removal, which has been done."

But as no other specification has been substituted, and as these were

the "Executive proceedings in relation to the public revenue"

principally referred to in the course of the discussion, they will

doubtless be generally regarded as the acts intended to be denounced as

"an assumption of authority and power not conferred by the Constitution

or laws, but in derogation of both." It is therefore due to the occasion

that a condensed summary of the views of the Executive in respect to

them should be here exhibited.

By the Constitution "the executive power is vested in a President

of the United States." Among the duties imposed upon him, and which he

is sworn to perform, is that of "taking care that the laws be faithfully

executed." Being thus made responsible for the entire action of the

executive department, it was but reasonable that the power of

appointing, overseeing, and controlling those who execute the laws--a

power in its nature executive--should remain in his hands. It is

therefore not only his right, but the Constitution makes it his duty,

to "nominate and, by and with the advice and consent of the Senate,

appoint" all "officers of the United States whose appointments are not

in the Constitution otherwise provided for," with a proviso that the

appointment of inferior officers may be vested in the President alone,

in the courts of justice, or in the heads of Departments.

The executive power vested in the Senate is neither that of "nominating"

nor "appointing." It is merely a check upon the Executive power of

appointment. If individuals are proposed for appointment by the

President by them deemed incompetent or unworthy, they may withhold

their consent and the appointment can not be made. They check the

action of the Executive, but can not in relation to those very subjects

act themselves nor direct him. Selections are still made by the

President, and the negative given to the Senate, without diminishing his

responsibility, furnishes an additional guaranty to the country that the

subordinate executive as well as the judicial offices shall be filled

with worthy and competent men.

The whole executive power being vested in the President, who is

responsible for its exercise, it is a necessary consequence that he

should have a right to employ agents of his own choice to aid him in the

performance of his duties, and to discharge them when he is no longer

willing to be responsible for their acts. In strict accordance with this

principle, the power of removal, which, like that of appointment, is

an original executive power, is left unchecked by the Constitution in

relation to all executive officers, for whose conduct the President

is responsible, while it is taken from him in relation to judicial

officers, for whose acts he is not responsible. In the Government from

which many of the fundamental principles of our system are derived the

head of the executive department originally had power to appoint and

remove at will all officers, executive and judicial. It was to take

the judges out of this general power of removal, and thus make them

independent of the Executive, that the tenure of their offices was

changed to good behavior. Nor is it conceivable why they are placed in

our Constitution upon a tenure different from that of all other officers

appointed by the Executive unless it be for the same purpose.

But if there were any just ground for doubt on the face of the

Constitution whether all executive officers are removable at the will of

the President, it is obviated by the cotemporaneous construction of the

instrument and the uniform practice under it.

The power of removal was a topic of solemn debate in the Congress of

1789 while organizing the administrative departments of the Government,

and it was finally decided that the President derived from the

Constitution the power of removal so far as it regards that department

for whose acts he is responsible. Although the debate covered the whole

ground, embracing the Treasury as well as all the other Executive

Departments, it arose on a motion to strike out of the bill to establish

a Department of Foreign Affairs, since called the Department of State,

a clause declaring the Secretary "to be removable from office by the

President of the United States." After that motion had been decided in

the negative it was perceived that these words did not convey the sense

of the House of Representatives in relation to the true source of

the power of removal. With the avowed object of preventing any future

inference that this power was exercised by the President in virtue of

a grant from Congress, when in fact that body considered it as derived

from the Constitution, the words which had been the subject of debate

were struck out, and in lieu thereof a clause was inserted in a

provision concerning the chief clerk of the Department, which declared

that "whenever the said principal officer shall be removed from office

by the President of the United States, or in any other case of vacancy,"

the chief clerk should during such vacancy have charge of the papers

of the office. This change having been made for the express purpose of

declaring the sense of Congress that the President derived the power

of removal from the Constitution, the act as it passed has always been

considered as a full expression of the sense of the legislature on this

important part of the American Constitution.

Here, then, we have the concurrent authority of President Washington, of

the Senate, and the House of Representatives, numbers of whom had taken

an active part in the convention which framed the Constitution and in

the State conventions which adopted it, that the President derived an

unqualified power of removal from that instrument itself, which is

"beyond the reach of legislative authority." Upon this principle the

Government has now been steadily administered for about forty-five

years, during which there have been numerous removals made by the

President or by his direction, embracing every grade of executive

officers from the heads of Departments to the messengers of bureaus.

The Treasury Department in the discussions of 1789 was considered on

the same footing as the other Executive Departments, and in the act

establishing it were incorporated the precise words indicative of the

sense of Congress that the President derives his power to remove the

Secretary from the Constitution, which appear in the act establishing

the Department of Foreign Affairs. An Assistant Secretary of the

Treasury was created, and it was provided that he should take charge of

the books and papers of the Department "whenever the Secretary shall

be removed from office by the President of the United States." The

Secretary of the Treasury being appointed by the President, and being

considered as constitutionally removable by him, it appears never to

have occurred to anyone in the Congress of 1789, or since until very

recently, that he was other than an executive officer, the mere

instrument of the Chief Magistrate in the execution of the laws,

subject, like all other heads of Departments, to his supervision and

control. No such idea as an officer of the Congress can be found in the

Constitution or appears to have suggested itself to those who organized

the Government. There are officers of each House the appointment of

which is authorized by the Constitution, but all officers referred to in

that instrument as coming within the appointing power of the President,

whether established thereby or created by law, are "officers of the

United States." No joint power of appointment is given to the two Houses

of Congress, nor is there any accountability to them as one body; but

as soon as any office is created by law, of whatever name or character,

the appointment of the person or persons to fill it devolves by the

Constitution upon the President, with the advice and consent of the

Senate, unless it be an inferior office, and the appointment be vested

by the law itself "in the President alone, in the courts of law, or in

the heads of Departments."

But at the time of the organization of the Treasury Department an

incident occurred which distinctly evinces the unanimous concurrence

of the First Congress in the principle that the Treasury Department is

wholly executive in its character and responsibilities. A motion was

made to strike out the provision of the bill making it the duty of the

Secretary "to digest and report plans for the improvement and management

of the revenue and for the support of public credit," on the ground

that it would give the executive department of the Government too much

influence and power in Congress. The motion was not opposed on the

ground that the Secretary was the officer of Congress and responsible

to that body, which would have been conclusive if admitted, but on other

ground, which conceded his executive character throughout. The whole

discussion evinces an unanimous concurrence in the principle that the

Secretary of the Treasury is wholly an executive officer, and the

struggle of the minority was to restrict his power as such. From that

time down to the present the Secretary of the Treasury, the Treasurer,

Register, Comptrollers, Auditors, and clerks who fill the offices of

that Department have in the practice of the Government been considered

and treated as on the same footing with corresponding grades of officers

in all the other Executive Departments.

The custody of the public property, under such regulations as may be

prescribed by legislative authority, has always been considered an

appropriate function of the executive department in this and all other

Governments. In accordance with this principle, every species of

property belonging to the United States (excepting that which is in the

use of the several coordinate departments of the Government as means

to aid them in performing their appropriate functions) is in charge of

officers appointed by the President, whether it be lands, or buildings,

or merchandise, or provisions, or clothing, or arms and munitions of

war. The superintendents and keepers of the whole are appointed by the

President, responsible to him, and removable at his will.

Public money is but a species of public property. It can not be raised

by taxation or customs, nor brought into the Treasury in any other way

except by law; but whenever or howsoever obtained, its custody always

has been and always must be, unless the Constitution be changed,

intrusted to the executive department. No officer can be created by

Congress for the purpose of taking charge of it whose appointment would

not by the Constitution at once devolve on the President and who would

not be responsible to him for the faithful performance of his duties.

The legislative power may undoubtedly bind him and the President by any

laws they may think proper to enact; they may prescribe in what place

particular portions of the public property shall be kept and for what

reason it shall be removed, as they may direct that supplies for the

Army or Navy shall be kept in particular stores, and it will be the duty

of the President to see that the law is faithfully executed; yet will

the custody remain in the executive department of the Government. Were

the Congress to assume, with or without a legislative act, the power of

appointing officers, independently of the President, to take the charge

and custody of the public property contained in the military and naval

arsenals, magazines, and storehouses, it is believed that such an act

would be regarded by all as a palpable usurpation of executive power,

subversive of the form as well as the fundamental principles of our

Government. But where is the difference in principle whether the public

property be in the form of arms, munitions of war, and supplies or in

gold and silver or bank notes? None can be perceived; none is believed

to exist. Congress can not, therefore, take out of the hands of the

executive department the custody of the public property or money without

an assumption of executive power and a subversion of the first

principles of the Constitution.

The Congress of the United States have never passed an act imperatively

directing that the public moneys shall be kept in any particular place

or places. From the origin of the Government to the year 1816 the

statute book was wholly silent on the subject. In 1789 a Treasurer was

created, subordinate to the Secretary of the Treasury, and through him

to the President. He was required to give bond safely to keep and

faithfully to disburse the public moneys, without any direction as to

the manner or places in which they should be kept. By reference to the

practice of the Government it is found that from its first organization

the Secretary of the Treasury, acting under the supervision of the

President, designated the places in which the public moneys should be

kept, and especially directed all transfers from place to place. This

practice was continued, with the silent acquiescence of Congress, from

1789 down to 1816, and although many banks were selected and discharged,

and although a portion of the moneys were first placed in the State

banks, and then in the former Bank of the United States, and upon the

dissolution of that were again transferred to the State banks, no

legislation was thought necessary by Congress, and all the operations

were originated and perfected by Executive authority. The Secretary of

the Treasury, responsible to the President, and with his approbation,

made contracts and arrangements in relation to the whole subject-matter,

which was thus entirely committed to the direction of the President

under his responsibilities to the American people and to those who were

authorized to impeach and punish him for any breach of this important

trust.

The act of 1816 establishing the Bank of the United States directed the

deposits of public money to be made in that bank and its branches in

places in which the said bank and branches thereof may be established,

"unless the Secretary of the Treasury should otherwise order and

direct," in which event he was required to give his reasons to Congress.

This was but a continuation of his preexisting power as the head of an

Executive Department to direct where the deposits should be made, with

the superadded obligation of giving his reasons to Congress for making

them elsewhere than in the Bank of the United States and its branches.

It is not to be considered that this provision in any degree altered the

relation between the Secretary of the Treasury and the President as the

responsible head of the executive department, or released the latter

from his constitutional obligation to "take care that the laws be

faithfully executed." On the contrary, it increased his responsibilities

by adding another to the long list of laws which it was his duty to

carry into effect.

It would be an extraordinary result if because the person charged by

law with a public duty is one of his Secretaries it were less the duty

of the President to see that law faithfully executed than other laws

enjoining duties upon subordinate officers or private citizens. If there

be any difference, it would seem that the obligation is the stronger in

relation to the former, because the neglect is in his presence and the

remedy at hand.

It can not be doubted that it was the legal duty of the Secretary of the

Treasury to order and direct the deposits of the public money to be made

elsewhere than in the Bank of the United States _whenever sufficient

reasons existed for making the change_. If in such a case he neglected

or refused to act, he would neglect or refuse to execute the law.

What would be the sworn duty of the President? Could he say that the

Constitution did not bind him to see the law faithfully executed because

it was one of his Secretaries and not himself upon whom the service was

specially imposed? Might he not be asked whether there was any such

limitation to his obligations prescribed in the Constitution? Whether he

is not equally bound to take care that the laws be faithfully executed,

whether they impose duties on the highest officer of State or the lowest

subordinate in any of the Departments? Might he not be told that it was

for the sole purpose of causing all executive officers, from the highest

to the lowest, faithfully to perform the services required of them by

law that the people of the United States have made him their Chief

Magistrate and the Constitution has clothed him with the entire

executive power of this Government? The principles implied in these

questions appear too plain to need elucidation.

But here also we have a cotemporaneous construction of the act which

shows that it was not understood as in any way changing the relations

between the President and Secretary of the Treasury, or as placing the

latter out of Executive control even in relation to the deposits of the

public money. Nor on that point are we left to any equivocal testimony.

The documents of the Treasury Department show that the Secretary of the

Treasury did apply to the President and obtained his approbation and

sanction to the original transfer of the public deposits to the present

Bank of the United States, and did carry the measure into effect in

obedience to his decision. They also show that transfers of the public

deposits from the branches of the Bank of the United States to State

banks at Chillicothe, Cincinnati, and Louisville, in 1819, were made

with the approbation of the President and by his authority. They show

that upon all important questions appertaining to his Department,

whether they related to the public deposits or other matters, it was

the constant practice of the Secretary of the Treasury to obtain for

his acts the approval and sanction of the President. These acts and the

principles on which they were founded were known to all the departments

of the Government, to Congress and the country, and until very recently

appear never to have been called in question.

Thus was it settled by the Constitution, the laws, and the whole

practice of the Government that the entire executive power is vested

in the President of the United States; that as incident to that power

the right of appointing and removing those officers who are to aid

him in the execution of the laws, with such restrictions only as the

Constitution prescribes, is vested in the President; that the Secretary

of the Treasury is one of those officers; that the custody of the public

property and money is an Executive function which, in relation to the

money, has always been exercised through the Secretary of the Treasury

and his subordinates; that in the performance of these duties he is

subject to the supervision and control of the President, and in all

important measures having relation to them consults the Chief Magistrate

and obtains his approval and sanction; that the law establishing the

bank did not, as it could not, change the relation between the President

and the Secretary--did not release the former from his obligation to

see the law faithfully executed nor the latter from the President's

supervision and control; that afterwards and before the Secretary did

in fact consult and obtain the sanction of the President to transfers

and removals of the public deposits, and that all departments of the

Government, and the nation itself, approved or acquiesced in these acts

and principles as in strict conformity with our Constitution and laws.

During the last year the approaching termination, according to the

provisions of its charter and the solemn decision of the American

people, of the Bank of the United States made it expedient, and its

exposed abuses and corruptions made it, in my opinion, the duty of the

Secretary of the Treasury, to place the moneys of the United States in

other depositories. The Secretary did not concur in that opinion, and

declined giving the necessary order and direction. So glaring were the

abuses and corruptions of the bank, so evident its fixed purpose to

persevere in them, and so palpable its design by its money and power to

control the Government and change its character, that I deemed it the

imperative duty of the Executive authority, by the exertion of every

power confided to it by the Constitution and laws, to check its career

and lessen its ability to do mischief, even in the painful alternative

of dismissing the head of one of the Departments. At the time the

removal was made other causes sufficient to justify it existed, but

if they had not the Secretary would have been dismissed for this

cause only.

His place I supplied by one whose opinions were well known to me,

and whose frank expression of them in another situation and generous

sacrifices of interest and feeling when unexpectedly called to the

station he now occupies ought forever to have shielded his motives from

Suspicion and his character from reproach. In accordance with the views

long before expressed by him he proceeded, with my sanction, to make

arrangements for depositing the moneys of the United States in other

safe institutions.

The resolution of the Senate as originally framed and as passed, if it

refers to these acts, presupposes a right in that body to interfere with

this exercise of Executive power. If the principle be once admitted, it

is not difficult to perceive where it may end. If by a mere denunciation

like this resolution the President should ever be induced to act in a

matter of official duty contrary to the honest convictions of his own

mind in compliance with the wishes of the Senate, the constitutional

independence of the executive department would be as effectually

destroyed and its power as effectually transferred to the Senate as if

that end had been accomplished by an amendment of the Constitution. But

if the Senate have a right to interfere with the Executive powers, they

have also the right to make that interference effective, and if the

assertion of the power implied in the resolution be silently acquiesced

in we may reasonably apprehend that it will be followed at some future

day by an attempt at actual enforcement. The Senate may refuse, except

on the condition that he will surrender his opinions to theirs and obey

their will, to perform their own constitutional functions, to pass the

necessary laws, to sanction appropriations proposed by the House of

Representatives, and to confirm proper nominations made by the

President. It has already been maintained (and it is not conceivable

that the resolution of the Senate can be based on any other principle)

that the Secretary of the Treasury is the officer of Congress and

independent of the President; that the President has no right to control

him, and consequently none to remove him. With the same propriety and on

similar grounds may the Secretary of State, the Secretaries of War and

the Navy, and the Postmaster-General each in succession be declared

independent of the President, the subordinates of Congress, and

removable only with the concurrence of the Senate. Followed to its

consequences, this principle will be found effectually to destroy one

coordinate department of the Government, to concentrate in the hands

of the Senate the whole executive power, and to leave the President

as powerless as he would be useless--the shadow of authority after

the substance had departed.

The time and the occasion which have called forth the resolution of the

Senate seem to impose upon me an additional obligation not to pass it

over in silence. Nearly forty-five years had the President exercised,

without a question as to his rightful authority, those powers for the

recent assumption of which he is now denounced. The vicissitudes of

peace and war had attended our Government; violent parties, watchful to

take advantage of any seeming usurpation on the part of the Executive,

had distracted our councils; frequent removals, or forced resignations

in every sense tantamount to removals, had been made of the Secretary

and other officers of the Treasury, and yet in no one instance is it

known that any man, whether patriot or partisan, had raised his voice

against it as a violation of the Constitution. The expediency and

justice of such changes in reference to public officers of all grades

have frequently been the topic of discussion, but the constitutional

right of the President to appoint, control, and remove the head of the

Treasury as well as all other Departments seems to have been universally

conceded. And what is the occasion upon which other principles have been

first officially asserted? The Bank of the United States, a great

moneyed monopoly, had attempted to obtain a renewal of its charter

by controlling the elections of the people and the action of the

Government. The use of its corporate funds and power in that attempt

was fully disclosed, and it was made known to the President that the

corporation was putting in train the same course of measures, with the

view of making another vigorous effort, through an interference in

the elections of the people, to control public opinion and force the

Government to yield to its demands. This, with its corruption of the

press, its violation of its charter, its exclusion of the Government

directors from its proceedings, its neglect of duty and arrogant

pretensions, made it, in the opinion of the President, incompatible with

the public interest and the safety of our institutions that it should

be longer employed as the fiscal agent of the Treasury. A Secretary of

the Treasury appointed in the recess of the Senate, who had not been

confirmed by that body, and whom the President might or might not at

his pleasure nominate to them, refused to do what his superior in the

executive department considered the most imperative of his duties, and

became in fact, however innocent his motives, the protector of the bank.

And on this occasion it is discovered for the first time that those who

framed the Constitution misunderstood it; that the First Congress and

all its successors have been under a delusion; that the practice of near

forty-five years is but a continued usurpation; that the Secretary of

the Treasury is not responsible to the President, and that to remove him

is a violation of the Constitution and laws for which the President

deserves to stand forever dishonored on the journals of the Senate.

There are also some other circumstances connected with the discussion

and passage of the resolution to which I feel it to be not only my

right, but my duty, to refer. It appears by the Journal of the Senate

that among the twenty-six Senators who voted for the resolution on its

final passage, and who had supported it in debate in its original form,

were one of the Senators from the State of Maine, the two Senators from

New Jersey, and one of the Senators from Ohio. It also appears by the

same Journal and by the files of the Senate that the legislatures of

these States had severally expressed their opinions in respect to the

Executive proceedings drawn in question before the Senate.

The two branches of the legislature of the State of Maine on the 25th

of January, 1834, passed a preamble and series of resolutions in the

following words:

Whereas at an early period after the election of Andrew Jackson to the

Presidency, in accordance with the sentiments which he had uniformly

expressed, the attention of Congress was called to the constitutionality

and expediency of the renewal of the charter of the United States Bank;

and

Whereas the bank has transcended its chartered limits in the management

of its business transactions, and has abandoned the object of its

creation by engaging in political controversies, by wielding its power

and influence to embarrass the Administration of the General Government,

and by bringing insolvency and distress upon the commercial community;

and

Whereas the public security from such an institution consists less in

its present pecuniary capacity to discharge its liabilities than in the

fidelity with which the trusts reposed in it have been executed; and

Whereas the abuse and misapplication of the powers conferred have

destroyed the confidence of the public in the officers of the bank and

demonstrated that such powers endanger the stability of republican

institutions: Therefore,

_Resolved_, That in the removal of the public deposits from the Bank

of the United States, as well as in the manner of their removal, we

recognize in the Administration an adherence to constitutional rights

and the performance of a public duty.

_Resolved_, That this legislature entertain the same opinion as

heretofore expressed by preceding legislatures of this State, that the

Bank of the United States ought not to be rechartered.

_Resolved_, That the Senators of this State in the Congress of the

United States be instructed and the Representatives be requested to

oppose the restoration of the deposits and the renewal of the charter

of the United States Bank.

On the 11th of January, 1834, the house of assembly and council

composing the legislature of the State of New Jersey passed a preamble

and a series of resolutions in the following words:

Whereas the present crisis in our public affairs calls for a decided

expression of the voice of the people of this State; and

Whereas we consider it the undoubted right of the legislatures of the

several States to instruct those who represent their interests in the

councils of the nation in all matters which intimately concern the

public weal and may affect the happiness or well-being of the people:

Therefore,

1. _Be it resolved by the council and general assembly of this State_,

That while we acknowledge with feelings of devout gratitude our

obligations to the Great Ruler of Nations for His mercies to us as a

people that we have been preserved alike from foreign war, from the

evils of internal commotions, and the machinations of designing and

ambitious men who would prostrate the fair fabric of our Union, that

we ought nevertheless to humble ourselves in His presence and implore

His aid for the perpetuation of our republican institutions and for a

continuance of that unexampled prosperity which our country has hitherto

enjoyed.

2. _Resolved_, That we have undiminished confidence in the integrity and

firmness of the venerable patriot who now holds the distinguished post

of Chief Magistrate of this nation, and whose purity of purpose and

elevated motives have so often received the unqualified approbation of

a large majority of his fellow-citizens.

3. _Resolved_, That we view with agitation and alarm the existence of a

great moneyed incorporation which threatens to embarrass the operations

of the Government and by means of its unbounded influence upon the

currency of the country to scatter distress and ruin throughout the

community, and that we therefore solemnly believe the present Bank of

the United States ought not to be rechartered.

4. _Resolved_, That our Senators in Congress be instructed and our

members of the House of Representatives be requested to sustain, by

their votes and influence, the course adopted by the Secretary of the

Treasury, Mr. Taney, in relation to the Bank of the United States and

the deposits of the Government moneys, believing as we do the course

of the Secretary to have been constitutional, and that the public good

required its adoption.

5. _Resolved_, That the governor be requested to forward a copy of the

above resolutions to each of our Senators and Representatives from this

State to the Congress of the United States.

On the 21st day of February last the legislature of the same State

reiterated the opinions and instructions before given by joint

resolutions in the following words:

_Resolved by the council and general assembly of the State of New

Jersey_, That they do adhere to the resolutions passed by them on the

11th day of January last, relative to the President of the United

States, the Bank of the United States, and the course of Mr. Taney

in removing the Government deposits.

_Resolved_, That the legislature of New Jersey have not seen any

reason to depart from such resolutions since the passage thereof,

and it is their wish that they should receive from our Senators and

Representatives of this State in the Congress of the United States that

attention and obedience which are due to the opinion of a sovereign

State openly expressed in its legislative capacity.

On the 2d of January, 1834, the senate and house of representatives

composing the legislature of Ohio passed a preamble and resolutions in

the following words:

Whereas there is reason to believe that the Bank of the United States

will attempt to obtain a renewal of its charter at the present session

of Congress; and

Whereas it is abundantly evident that said bank has exercised powers

derogatory to the spirit of our free institutions and dangerous to the

liberties of these United States; and

Whereas there is just reason to doubt the constitutional power of

Congress to grant acts of incorporation for banking purposes out of

the District of Columbia; and

Whereas we believe the proper disposal of the public lands to be of the

utmost importance to the people of these United States, and that honor

and good faith require their equitable distribution: Therefore,

_Resolved by the general assembly of the State of Ohio_, That we

consider the removal of the public deposits from the Bank of the United

States as required by the best interests of our country, and that a

proper sense of public duty imperiously demanded that that institution

should be no longer used as a depository of the public funds.

_Resolved also_, That we view with decided disapprobation the renewed

attempts in Congress to secure the passage of the bill providing for the

disposal of the public domain upon the principles proposed by Mr. Clay,

inasmuch as we believe that such a law would be unequal in its

operations and unjust in its results.

_Resolved also_, That we heartily approve of the principles set forth

in the late veto message upon that subject; and

_Resolved_, That our Senators in Congress be instructed and our

Representatives requested to use their influence to prevent the

rechartering of the Bank of the United States, to sustain the

Administration in its removal of the public deposits, and to oppose the

passage of a land bill containing the principles adopted in the act upon

that subject passed at the last session of Congress.

_Resolved_, That the governor be requested to transmit copies of the

foregoing preamble and resolutions to each of our Senators and

Representatives.

It is thus seen that four Senators have declared by their votes that the

President, in the late Executive proceedings in relation to the revenue,

had been guilty of the impeachable offense 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 legislatures, as

above expressed, there would have been but twenty-two votes out of

forty-six for censuring the President, and the unprecedented record

of his conviction could not have been placed upon the Journal of the

Senate.

In thus referring to the resolutions and instructions of the State

legislatures I disclaim and repudiate all authority or design to

interfere with the responsibility due from members of the Senate to

their own consciences, their constituents, and their country. The facts

now stated belong to the history of these proceedings, and are important

to the just development of the principles and interests involved in them

as well as to the proper vindication of the executive department, and

with that view, and that view only, are they here made the topic of

remark.

The dangerous tendency of the doctrine which denies to the President

the power of supervising, directing, and controlling the Secretary of

the Treasury in like manner with the other executive officers would

soon be manifest in practice were the doctrine to be established. The

President is the direct representative of the American people, but the

Secretaries are not. If the Secretary of the Treasury be independent

of the President in the execution of the laws, then is there no direct

responsibility to the people in that important branch of this Government

to which is committed the care of the national finances. And it is in

the power of the Bank of the United States, or any other corporation,

body of men, or individuals, if a Secretary shall be found to accord

with them in opinion or can be induced in practice to promote their

views, to control through him the whole action of the Government

(so far as it is exercised by his Department) in defiance of the Chief

Magistrate elected by the people and responsible to them.

But the evil tendency of the particular doctrine adverted to, though

sufficiently serious, would be as nothing in comparison with the

pernicious consequences which would inevitably flow from the approbation

and allowance by the people and the practice by the Senate of the

unconstitutional power of arraigning and censuring the official conduct

of the Executive in the manner recently pursued. Such proceedings are

eminently calculated to unsettle the foundations of the Government, to

disturb the harmonious action of its different departments, and to break

down the checks and balances by which the wisdom of its framers sought

to insure its stability and usefulness.

The honest differences of opinion which occasionally exist between the

Senate and the President in regard to matters in which both are obliged

to participate are sufficiently embarrassing; but if the course recently

adopted by the Senate shall hereafter be frequently pursued, it is not

only obvious that the harmony of the relations between the President and

the Senate will be destroyed, but that other and graver effects will

ultimately ensue. If the censures of the Senate be submitted to by the

President, the confidence of the people in his ability and virtue and

the character and usefulness of his Administration will soon be at an

end, and the real power of the Government will fall into the hands of a

body holding their offices for long terms, not elected by the people and

not to them directly responsible. If, on the other hand, the illegal

censures of the Senate should be resisted by the President, collisions

and angry controversies might ensue, discreditable in their progress and

in the end compelling the people to adopt the conclusion either that

their Chief Magistrate was unworthy of their respect or that the Senate

was chargeable with calumny and injustice. Either of these results would

impair public confidence in the perfection of the system and lead to

serious alterations of its framework or to the practical abandonment of

some of its provisions.

The influence of such proceedings on the other departments of the

Government, and more especially on the States, could not fail to be

extensively pernicious. When the judges in the last resort of official

misconduct themselves overleap the bounds of their authority as

prescribed by the Constitution, what general disregard of its provisions

might not their example be expected to produce? And who does not

perceive that such contempt of the Federal Constitution by one of its

most important departments would hold out the strongest temptations to

resistance on the part of the State sovereignties whenever they shall

suppose their just rights to have been invaded? Thus all the independent

departments of the Government, and the States which compose our

confederated Union, instead of attending to their appropriate duties and

leaving those who may offend to be reclaimed or punished in the manner

pointed out in the Constitution, would fall to mutual crimination and

recrimination and give to the people confusion and anarchy instead of

order and law, until at length some form of aristocratic power would be

established on the ruins of the Constitution or the States be broken

into separate communities.

Far be it from me to charge or to insinuate that the present Senate of

the United States intend in the most distant way to encourage such a

result. It is not of their motives or designs, but only of the tendency

of their acts, that it is my duty to speak. It is, if possible, to

make Senators themselves sensible of the danger which lurks under the

precedent set in their resolution, and at any rate to perform my duty

as the responsible head of one of the coequal departments of the

Government, that I have been compelled to point out the consequences

to which the discussion and passage of the resolution may lead if the

tendency of the measure be not checked in its inception. It is due to

the high trust with which I have been charged, to those who may be

called to succeed me in it, to the representatives of the people whose

constitutional prerogative has been unlawfully assumed, to the people

and to the States, and to the Constitution they have established that

I should not permit its provisions to be broken down by such an attack

on the executive department without at least some effort "to preserve,

protect, and defend" them. With this view, and for the reasons which

have been stated, I do hereby _solemnly protest_ against the

aforementioned proceedings of the Senate as unauthorized by the

Constitution, contrary to its spirit and to several of its express

provisions, subversive of that distribution of the powers of government

which it has ordained and established, destructive of the checks and

safeguards by which those powers were intended on the one hand to be

controlled and on the other to be protected, and calculated by their

immediate and collateral effects, by their character and tendency, to

concentrate in the hands of a body not directly amenable to the people

a degree of influence and power dangerous to their liberties and fatal

to the Constitution of their choice.

The resolution of the Senate contains an imputation upon my private as

well as upon my public character, and as it must stand forever on their

journals, I can not close this substitute for that defense which I have

not been allowed to present in the ordinary form without remarking

that I have lived in vain if it be necessary to enter into a formal

vindication of my character and purposes from such an imputation. In

vain do I bear upon my person enduring memorials of that contest in

which American liberty was purchased; in vain have I since periled

property, fame, and life in defense of the rights and privileges so

dearly bought; in vain am I now, without a personal aspiration or the

hope of individual advantage, encountering responsibilities and dangers

from which by mere inactivity in relation to a single point I might have

been exempt, if any serious doubts can be entertained as to the purity

of my purposes and motives. If I had been ambitious, I should have

sought an alliance with that powerful institution which even now aspires

to no divided empire. If I had been venal, I should have sold myself to

its designs. Had I preferred personal comfort and official ease to the

performance of my arduous duty, I should have ceased to molest it. In

the history of conquerors and usurpers, never in the fire of youth nor

in the vigor of manhood could I find an attraction to lure me from the

path of duty, and now I shall scarcely find an inducement to commence

their career of ambition when gray hairs and a decaying frame, instead

of inviting to toil and battle, call me to the contemplation of other

worlds, where conquerors cease to be honored and usurpers expiate their

crimes. The only ambition I can feel is to acquit myself to Him to whom

I must soon render an account of my stewardship, to serve my fellow-men,

and live respected and honored in the history of my country. No;

the ambition which leads me on is an anxious desire and a fixed

determination to return to the people unimpaired the sacred trust they

have confided to my charge; to heal the wounds of the Constitution and

preserve it from further violation; to persuade my countrymen, so far

as I may, that it is not in a splendid government supported by powerful

monopolies and aristocratical establishments that they will find

happiness or their liberties protection, but in a plain system, void

of pomp, protecting all and granting favors to none, dispensing its

blessings, like the dews of Heaven, unseen and unfelt save in the

freshness and beauty they contribute to produce. It is such a government

that the genius of our people requires; such an one only under which our

States may remain for ages to come united, prosperous, and free. If

the Almighty Being who has hitherto sustained and protected me will

but vouchsafe to make my feeble powers instrumental to such a result,

I shall anticipate with pleasure the place to be assigned me in the

history of my country, and die contented with the belief that I have

contributed in some small degree to increase the value and prolong the

duration of American liberty.

To the end that the resolution of the Senate may not be hereafter

drawn into precedent with the authority of silent acquiescence on the

part of the executive department, and to the end also that my motives

and views in the Executive proceedings denounced in that resolution may

be known to my fellow-citizens, to the world, and to all posterity, I

respectfully request that this message and protest may be entered at

length on the journals of the Senate.

A Compilation of the Messages and Papers of the Presidents. Volume 3, part 1: Andrew Jackson (Second Term) · 第 68 / 371 题