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1 Speech of Mr. Benton, of Missouri, on His Motion to Expunge from the Journal the Sentence Pronounced against President Jackson for Violating the Laws and Constitution 1836

handle is hein.beal/benpjk0001 and id is 1 raw text is: SPEECH Or MR. -BEN-TON, OF MISSOURI, O0 W11S NOTION TO EXPUNGE From the Journal the sentence pronounced against PRESIDE.'T J-dCR'SON for violating the Lavs and Constitution. In Senate, March- 18, f836.-The following pre- shapes anrd forms, was unfounded and erroneous amble and resolution, submitted by himself on in point of fact, and, therefoie, unjust and un- the 17th, having been read: righteous, as well as irregular and unconstitution- Whereas, on the 26th day of December, in the al'; because the said President Jackson, neither in year 1833, the following resolve was moved in the the' act of dismissing Mr. Duane, nor in the ap- Senate: pointmtnt of Mr. Taney, as specified in the first Resolved, That, by dismissing the late Secrets- form of the resolve, nor in taking upon himself ry of the Treasury because he would not, cont,.ary the responsibility of removing the deposites, as to his own sense of duty, remove the money of the qpecified in the second form of the same resolve, United States in deposite vrith the Bank of the nor in any act which was lthen, or can now, be United States and its branches, in conformity with specified under the vague fin-. ambiguous terms the President'a opinion, and by appointing his of the general denunciation contained in the third successor to effect such removal, which has br en and last form of the resolve, did do or commit done, the President has assumed the cxerc;se of a 'any act in violation or in derogation of the laws power over the Treasury of the United States, and constitution, or dangerous to the liberties of not granted him by the constitution and lao s, and the people: ilangerous to the liberties of the people. And whereas the said resolve, as' adopted, was Which proposed resolve was altered and chang uncertain and ambiguous, containing nothing but ed by the mover thereof, on the 28th day of a loose and floating charge for derogating from March, in the year 1834, so as to read as follows: the laws and constitution, and assuming ungranted Resolved, That in taking upon himself the re- power and authority in the late Ex cutive pro- sponsibiiity of removing the deposite of the pablc ceedings in relation to the public revenue, without money from the Bank of the United States, the specifying what part of the Executive proceedings, President of the United States has assumed the or what part of the public revenue, was intended exercise of a power over the Treasury of the to be referred to, or what parts of the laws and United States not granted to him by the constitu- constitution were supposed to have been infring- tion and laws, and dangerous to the liberties of ed, or in what part of the Union, or at what period the peojple: of his administration, these late proceedings were Which resolve so changed and modified by the supposed to have taken place: Tereby putting mover thereof on th, same dy and year last men- each Senator at liberty to vote in favor of the re- tioned, was further altered so as to read in these salve upon : separate and secret reason of his own, 'words: and leaving the ground of the Senate's judgment Raolved, That the President in the late exeeu- to be gussed at 'by the public, and to be dif. tive proceedings in relation to the revenue, has as- ferently and diversly interpreted by individual sumed upon himself authority and power not con- Senators accordirg to the private and particular ferred by the constitution and laws but in dero- understanding of each: Contrary to all tie ends gaion of both: ofjustice, and to all tie forms of legal andjudi- In which last mertionedform the said resolve, on cial proceeding-to the great prejudice of the ac- the same day and year last mentioned,was adopted cused, who could not know against what to defend by the Senate, anP became the act and judgment himself; and to the loss of Senatorial responsibil- of that body; and, as such, now remains upon the ity, by shielding Senators from public accountabil- journal thereof: ity, for making up a judgment upon grounds which And whereas the said rebol re was irregularly, the public cannot know, and which, if known, illegally, and uacmsttutio-nally adopted by the might prove to'be insufficient in law, or unfound- Senate, in violation of the rights of defence which ed in fact: belong to every ciizen, and in subversion of the And whereas the specifications contained in fundamental princir es of law and justice; because the first and second forms of the resolve, having President Jackson vras thereby adjudged and pro- been objected to in debate, and shown to be insuf- nounced to be gttilty of an impeachable offence. ficient to sustain the chsrges they were adduced and a stigna placed upon him as a violator of his to support, and it being well believed that no msa- oath of office, and of the laws and constitution fbrity could be obtained to vote for the said which he was sworn to preserve, protect, and de- specifications; and the s ime having been actually fend, without going through the forms of an ima- withdrawn by the move in the face of the wh )Ie Peachment, and without allowing to him the i Senate, in consequence or such objeeton and be- benefits of a trial, or the means of defence: lief, and before any vote taken thereupon, the said And whereas the said resolve, in all its various specifications could not afterwards be admitted by Digitized from Best Copy Available

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