Senate have been violated. There is yet something,
Sir, which surpasses all this; and that is, that,
after this direct interference, after pointing out
those Senators whom he would represent as having disobeyed
the known will of their constituents, he disclaims
all design of interfering at all! Sir, who
could be the writer of a message, which, in the first
place, makes the President assert such monstrous pretensions,
and, in the next line, affront the understanding of
the Senate by disavowing all right to do that very
thing which he is doing? If there be any thing,
Sir, in this message, more likely than the rest of
it to move one from his equanimity, it is this disclaimer
of all design to interfere with the responsibility
of members of the Senate to their constituents, after
such interference had already been made, in the same
paper, in the most objectionable and offensive form.
If it were not for the purpose of telling these Senators
that they disobeyed the will of the legislatures of
the States they represent, for what purpose was
it that the Protest has pointed out the four Senators,
and paraded against them the sentiments of their legislatures?
There can be no other purpose. The Protest says,
indeed, that “these facts belong to the history
of these proceedings”! To the history of
what proceedings? To any proceeding to which
the President was party? To any proceeding to
which the Senate was party? Have they any thing
to do with the resolution of the 28th of March?
But it adds, that these facts are important to
the just development of the principles and interests
involved in the proceedings. All this might
be said of any other facts. It is mere words.
To what principles, to what interests, are these facts
important? They can be important but in one point
of view; and that is as proof, or evidence, that the
Senators have disobeyed instructions, or acted against
the known will of their constituents in disapproving
the President’s conduct. They have not
the slightest bearing in any other way. They
do not make the resolution of the Senate more or less
true, nor its right to pass it more or less clear.
Sir, these proceedings of the legislatures were introduced
into this Protest for the very purpose, and no other,
of showing that members of the Senate have acted contrary
to the will of their constituents. Every man sees
and knows this to have been the sole design; and any
other pretence is a mockery to our understandings.
And this purpose is, in my opinion, an unlawful purpose;
it is an unjustifiable intervention between us and
our constituents; and is, therefore, a manifest and
flagrant breach of privilege.
In the next place, the assertions of the Protest are inconsistent with the just authority of Congress, because they claim for the President a power, independent of Congress, to possess the custody and control of the public treasures. Let this point be accurately examined; and, in order to avoid mistake, I will read the precise words of the Protest.