Formerly, Sir, it was a practice for the President to meet both houses, at the opening of the session, and deliver a speech, as is still the usage of some of the State legislatures.  To this speech there was an answer from each house$ and those answers expressed, freely, the sentiments of the house upon all the merits and faults of the administration.  The discussion of the topics contained in the speech, and the debate on the answers, usually drew out the whole force of parties, and lasted sometimes a week.  President Washington’s conduct, in every year of his administration, was thus freely and publicly canvassed.  He did not complain of it; he did not doubt that both houses had a perfect right to comment, with the utmost latitude, consistent with decorum, upon all his measures.  Answers, or amendments to answers, were not unfrequently proposed, very hostile to his own course of public policy, if not sometimes bordering on disrespect.  And when they did express respect and regard, there were votes ready to be recorded against the expression of those sentiments.  To all this President Washington took no exception; for he well knew that these, and similar proceedings, belonged to the power of popular bodies.  But if the President were now to meet us with a speech, and should inform us of measures, adopted by himself in the recess, which should appear to us the most plain, palpable, and dangerous violations of the Constitution, we must, nevertheless, either keep respectful silence, or fill our answer merely with courtly phrases of approbation.

Mr. President, I know not who wrote this Protest, but I confess I am astonished, truly astonished, as well at the want of knowledge which it displays of constitutional law, as at the high and dangerous pretensions which it puts forth.  Neither branch of the legislature can express censure upon the President’s conduct!  Suppose, Sir, that we should see him enlisting troops and raising an army, can we say nothing, and do nothing?  Suppose he were to declare war against a foreign power, and put the army and the fleet in action; are we still to be silent?  Suppose we should see him borrowing money on the credit of the United States; are we yet to wait for impeachment?  Indeed, Sir, in regard to this borrowing money on the credit of the United States, I wish to call the attention of the Senate, not only to what might happen, but to what has actually happened.  We are informed that the Post-Office Department, a department over which the President claims the same control as over the rest, has actually borrowed near half a million of money on the credit of the United States.