The House of Representatives was controlled by the Democrats, and little could be accomplished there.  But the Senate contained not only the three ablest anti-Jacksonians of the day—­Clay, Webster, Calhoun—­but an absolute majority of anti-Administration men; and there the attack was launched.  On December 26, 1833, Clay introduced two resolutions declaring that in the removal of the deposits the President had “assumed upon himself authority and power not conferred by the Constitution and laws but in derogation of both,” and pronouncing Taney’s statement of reasons “unsatisfactory and insufficient.”  After a stormy debate, both resolutions in slightly amended form were carried by substantial majorities.

Jackson was not in the habit of meekly swallowing censure, and on the 15th of April he sent to the Senate a formal protest, characterizing the action of the body as “unauthorized by the Constitution, contrary to its spirit and to several of its express provisions,” and “subversive of that distribution of the powers of government which it has ordained and established.”  Aside from a general defense of his course, the chief point that the President made was that the Constitution provided a procedure in cases of this kind, namely impeachment, which alone could be properly resorted to if the legislative branch desired to bring charges against the Executive.  The Senate was asked respectfully to spread the protest on its records.  This, however, it refused to do.  On the contrary, it voted that the right of protest could not be recognized; and it found additional satisfaction in negativing an unusual number of the President’s nominations.

Throughout the remainder of his second Administration Jackson maintained his hold upon the country and kept firm control in the lower branch of Congress.  Until very near the end, the Senate, however, continued hostile.  During the debate on the protest Benton served notice that he would introduce, at each succeeding session, a motion to expunge the resolution of censure.  Such a motion was made in 1835, and again in 1836, without result.  But at last, in January, 1837, after a debate lasting thirteen hours, the Senate adopted, by a vote of 24 to 19, a resolution meeting the Jacksonian demand.

The manuscript journal of the session of 1833-1834 was brought into the Senate, and the secretary, in obedience to the resolution, drew black lines around the resolution of censure, and wrote across the face thereof, “in strong letters,” the words:  “Expunged by order of the Senate, this sixteenth day of January, in the year of our Lord 1837.”  Many members withdrew rather than witness the proceeding; but a crowded gallery looked on, while Benton strengthened his supporters by providing “an ample supply of cold hams, turkeys, rounds of beef, pickles, wines, and cups of hot coffee” in a near-by committee-room.  Jackson gave a dinner to the “ex-pungers” and their wives, and placed Benton at the head of the table.  That the action of the Senate was unconstitutional interested no one save the lawyers, for the Bank was dead.  Jackson was vindicated, and the people were enthroned.[12]