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+The Project Gutenberg Etext of
+Thomas Hart Benton's Remarks to the United States Senate
+"ON THE EXPUNGING RESOLUTION"
+
+#1 in our series by Thomas Hart Benton
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+Remarks to the United States Senate
+"ON THE EXPUNGING RESOLUTION"
+
+by Thomas Hart Benton
+
+December, 1996 [Etext #741]
+
+
+***Thomas Hart Benton's Remarks to the United States Senate***
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+This Etext prepared by Anthony J. Adam
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+
+Thomas Hart Benton, "On the Expunging Resolution."
+U.S. Senate, January 12, 1837
+
+
+
+Mr. President:
+
+It is now three years since the resolve was adopted by the Senate,
+which it is my present motion to expunge from the journal. At the
+moment that this resolve was adopted, I gave notice of my intention to
+move to expunge it; and then expressed my confident belief that the
+motion would eventually prevail. That expression of confidence was
+not an ebullition of vanity, or a presumptuous calculation, intended to
+accelerate the event it affected to foretell. It was not a vain boast, or
+an idle assumption, but was the result of a deep conviction of the
+injustice done President Jackson, and a thorough reliance upon the
+justice of the American people. I felt that the President had been
+wronged; and my heart told me that this wrong would be redressed!
+The event proves that I was not mistaken. The question of expunging
+this resolution has been carried to the people, and their decision has
+been had upon it. They decide in favor of the expurgation; and their
+decision has been both made and manifested, and communicated to us
+in a great variety
+of ways. A great number of States have expressly instructed their
+Senators to vote for this expurgation. A very great majority of the
+States have elected Senators and Representatives to Congress, upon
+the express ground of favoring this expurgation. The Bank of the
+United States, which took the initiative in the accusation against the
+President, and furnished the material, and worked the machinery
+which was used against him, and which was then so powerful on this
+floor, has become more and more odious to the public mind, and
+musters now but a slender phalanx of friends in the two Houses of
+Congress. The late Presidential election furnishes additional
+evidence of public sentiment. The candidate who was the friend of
+President Jackson, the supporter of his administration, and the avowed
+advocate for the expurgation, has received a large majority of the
+suffrages of the whole Union, and that after an express declaration of
+his sentiments on this precise point. The evidence of the public will,
+exhibited in all these forms, is too manifest to be mistaken, too explicit
+to require illustration, and too imperative to be disregarded. Omitting
+details and specific enumeration of proofs, I refer to our own files for
+the instructions to expunge--to the complexion of the two Houses for
+the temper of the people--to the
+denationalized condition of the Bank of the United States for the
+fate of the imperious accuser--and to the issue of the Presidential
+election for the answer of the Union.
+
+All these are pregnant proofs of the public will, and the last
+pre-eminently so: because, both the question of the expurgation, and
+the form of the process, were directly put in issue upon it....
+
+Assuming, then, that we have ascertained the will of the people on
+this great question, the inquiry presents itself, how far the expression
+of that will ought to be conclusive of our action here. I hold that it
+ought to be binding and obligatory upon us; and that, not only upon
+the principles of representative government, which require obedience
+to the known will of the people, but also in conformity to the principles
+upon which the proceeding against President Jackson was conducted
+when the sentence against him was adopted. Then everything was
+done with especial reference to the will of the people. Their impulsion
+was assumed to be the sole motive to action; and to them the ultimate
+verdict was expressly referred. The whole machinery of alarm and
+pressure--every engine of political and moneyed power--was put in
+motion, and worked for many months, to excite the people against the
+President; and to stir up meetings, memorials, petitions, travelling
+committees, and distress deputations against him; and each symptom
+of popular
+discontent was hailed as an evidence of public will, and quoted here
+as proof that the people demanded the condemnation of the President.
+Not only legislative assemblies, and memorials from large assemblies,
+were then produced here as evidence of public opinion, but the
+petitions of boys under age, the remonstrances of a few signers, and
+the results of the most inconsiderable elections were ostentatiously
+paraded and magnified, as the evidence of the sovereign will of our
+constituents. Thus, sir, the public voice was everything, while that
+voice, partially obtained through political and pecuniary machinations,
+was adverse to the President. Then the popular will was the shrine at
+which all worshipped. Now, when that will is regularly, soberly,
+repeatedly, and almost universally expressed through the ballot-boxes,
+at the various elections, and turns out to be in favor of the President,
+certainly no one can disregard it, nor otherwise look at it than as the
+solemn verdict of the competent and ultimate tribunal upon an issue
+fairly made up, fully argued, and duly submitted for decision. As such
+verdict, I receive it. As the deliberate verdict of the sovereign people,
+I bow to it. I am content. I do not mean to reopen the case nor to
+recommence the argument. I leave that work to others, if any others
+choose to perform it. For myself, I am content; and, dispensing with
+further argument, I shall call for judgment, and ask to have execution
+done, upon that unhappy journal, which the verdict of millions of
+freemen finds guilty of bearing on its face an untrue, illegal, and
+unconstitutional sentence of condemnation against the
+approved President of the Republic.
+
+But, while declining to reopen the argument of this question, and
+refusing to tread over again the ground already traversed, there is
+another and a different task to perform; one which the approaching
+termination of President Jackson's administration makes peculiarly
+proper at this time, and which it is my privilege, and perhaps my duty,
+to execute, as being the suitable conclusion to the arduous contest in
+which we have been so long engaged. I allude to the general tenor of
+his administration, and to its effect, for good or for evil, upon the
+condition of his country. This is the proper time for such a view to be
+taken. The political existence of this great man now draws to a close.
+In little more than forty days he ceases to be an object of political hope
+to any, and should cease to be an object of political hate, or envy, to
+all. Whatever of motive the servile and time-serving might have found
+in his exalted station for raising the altar of adulation, and burning the
+incense of praise before him, that motive can no longer exist. The
+dispenser of the patronage of an empire, the chief of this great
+confederacy of States, is soon to be a private individual, stripped of all
+power to reward, or to punish. His own thoughts, as he has shown us
+in the concluding paragraph of that message which is to be the last of
+its kind that we shall ever receive from him, are directed to that
+beloved retirement from which he was drawn by the voice of millions
+of freemen, and to which he now looks for that interval of repose
+which age and infirmities require. Under these circumstances, he
+ceases to be a subject for the ebullition of the passions, and passes into
+a character for the contemplation of history. Historically, then, shall
+I view him; and limiting this view to his civil administration, I
+demand, where is there a Chief Magistrate of whom so much evil has
+been predicted, and from whom so much good has come? Never has
+any man entered upon the Chief Magistracy of a country under such
+appalling predictions of ruin and woe! never has any one been so
+pursued with direful prognostications! never has any one been so beset
+and impeded by a powerful combination of political and moneyed
+confederates! never has any one in any country where the
+administration of justice has risen above the knife or the bowstring,
+been so lawlessly and shamelessly tried and condemned by rivals and
+enemies, without hearing, without defence, without the forms of law
+and justice! History has been ransacked to find examples of tyrants
+sufficiently odious to illustrate him by comparison.
+Language has been tortured to find epithets sufficiently strong to paint
+him in description. Imagination has been exhausted in her efforts to
+deck him with revolting and inhuman attributes. Tyrant, despot,
+usurper; destroyer of the liberties of his country; rash, ignorant,
+imbecile; endangering the public peace with all foreign nations;
+destroying domestic prosperity at home; ruining all industry, all
+commerce, all manufactures; annihilating confidence between man
+and man; delivering up the streets of populous cities to grass and
+weeds, and the wharves of commercial towns to the encumbrance of
+decaying vessels; depriving labor of all reward;
+depriving industry of all employment; destroying the currency;
+plunging an innocent and happy people from the summit of felicity
+to the depths of misery, want, and despair. Such is the faint outline,
+followed up by actual condemnation, of the appalling denunciations
+daily uttered against this one MAN, from the moment he became an
+object of political competition, down to the concluding moment of
+his political existence.
+
+The sacred voice of inspiration has told us that there is a time for
+all things. There certainly has been a time for every evil that human
+nature admits of to be vaticinated of President Jackson's
+administration; equally certain the time has now come for all rational
+and well-disposed people to compare the predictions with the facts,
+and to ask themselves if these calamitous prognostications have been
+verified by events? Have we peace, or war, with foreign nations?
+Certainly, we have peace with all the world! peace with all its benign,
+and felicitous, and beneficent influences! Are we respected, or
+despised abroad? Certainly the American name never
+was more honored throughout the four quarters of the globe than in
+this very moment. Do we hear of indignity or outrage in any quarter?
+of merchants robbed in foreign ports? of vessels searched on the high
+seas? of American citizens impressed into foreign service? of the
+national flag insulted anywhere? On the contrary, we see former
+wrongs repaired; no new ones inflicted. France pays twenty-five
+millions of francs for spoliations committed thirty years ago; Naples
+pays two millions one hundred thousand ducats for wrongs of the
+same date; Denmark pays six hundred and fifty thousand rix-dollars
+for wrongs done a quarter of a century ago; Spain engages to pay
+twelve millions of reals vellon for injuries of fifteen years' date; and
+Portugal, the last in the list of former aggressors, admits her liability
+and only waits the adjustment of details to close her account by
+adequate indemnity. So far from war, insult, contempt, and spoliation
+from abroad, this denounced administration has been the season of
+peace and goodwill and the auspicious era of universal reparation. So
+far from suffering injury at the hands of foreign powers, our merchants
+have received indemnities for all former injuries. It has been the day
+of accounting, of settlement, and of retribution. The total list of
+arrearages, extending through four successive previous
+administrations, has been closed and settled up. The wrongs done to
+commerce for thirty years back, and under so many different
+Presidents, and indemnities withheld from all, have been repaired and
+paid over under the beneficent and glorious administration of President
+Jackson. But one single instance of outrage has occurred, and that at
+the extremities of the world, and by a piratical horde, amenable to no
+law but the law of force. The Malays of Sumatra
+committed a robbery and massacre upon an American vessel.
+Wretches! they did not then know that JACKSON was President of the
+United States! and that no distance, no time, no idle ceremonial of
+treating with robbers and assassins, was to hold back the arm of
+justice. Commodore Downes went out. His cannon and his bayonets
+struck the outlaws in their den. They paid in terror and blood for the
+outrage which was committed; and the great lesson was taught to
+these distant pirates--to our antipodes themselves --that not even the
+entire diameter of this globe could protect them, and that the name of
+American citizen, like that of Roman citizen in
+the great days of the Republic and of the empire, was to be the
+inviolable passport of all that wore it throughout the whole extent of
+the habitable world....
+
+From President Jackson, the country has first learned the true
+theory and practical intent of the Constitution, in giving to the
+Executive a qualified negative on the legislative power of Congress.
+Far from being an odious, dangerous, or kingly prerogative, this
+power, as vested in the President, is nothing but a qualified copy of the
+famous veto power vested in the tribunes of the people among the
+Romans, and intended to suspend the passage of a law until the people
+themselves should have time to consider it. The qualified veto of the
+President destroys nothing; it only delays the passage of a law, and
+refers it to the people for their consideration and decision. It is the
+reference of a law, not to a committee of the House, or of the whole
+House, but to the committee of the whole Union. It is a recommitment
+of the bill to the people, for them to examine and consider; and if, upon
+this examination, they are content to pass it, it will pass at the next
+session. The delay of a few months is the only effect of a veto, in a
+case where the people shall ultimately approve a law; where they do
+not approve it, the interposition of the veto is the barrier which saves
+them the adoption of a law, the repeal of which might afterward be
+almost impossible. The qualified negative is, therefore, a beneficent
+power, intended as General Hamilton expressly declares in the
+"Federalist," to protect, first, the executive department from the
+encroachments of the legislative department; and, secondly, to
+preserve the people from hasty, dangerous or criminal legislation on
+the part of their representatives. This is the design and intention of the
+veto power; and the fear expressed by General Hamilton was, that
+Presidents, so
+far from exercising it too often, would not exercise it as often as the
+safety of the people required; that they might lack the moral courage
+to stake themselves in opposition to a favorite measure of the majority
+of the two Houses of Congress; and thus deprive the people, in many
+instances, of their right to pass upon a bill before it becomes a final
+law. The cases in which President Jackson has exercised the veto
+power have shown the soundness of these observations. No ordinary
+President would have staked himself against the Bank of the United
+States and the two Houses of Congress in 1832. It required President
+Jackson to confront that power--to stem that torrent--to stay the
+progress of that charter, and to refer it to the people for their decision.
+His moral courage was equal to the crisis. He arrested the charter until
+it could be got to the people, and they have arrested it forever. Had he
+not done so, the charter would have become law, and its repeal almost
+impossible. The people of the whole Union would now have been in
+the condition of the people of Pennsylvania, bestrode by the monster,
+in daily conflict with him, and maintaining a doubtful contest for
+supremacy between the government of a State and the directory of a
+moneyed corporation....
+
+Sir, I think it right, in approaching the termination of this great
+question, to present this faint and rapid sketch of the brilliant,
+beneficent, and glorious administration of President Jackson. It is not
+for me to attempt to do it justice; it is not for ordinary men to attempt
+its history. His military life, resplendent with dazzling events, will
+demand the pen of a nervous writer; his civil administration, replete
+with scenes which have called into action so many and such various
+passions of the human heart, and which has given to native sagacity
+so many victories over practiced politicians, will require the profound,
+luminous, and philosophical conceptions of a Livy, a Plutarch, or a
+Sallust. This history is not to be written in our day. The
+contemporaries of such events are not the hands to describe them.
+Time must first do its office--must silence the passions, remove the
+actors, develop consequences, and canonize all that is sacred to honor,
+patriotism, and glory. In after ages the historic genius of our America
+shall produce the writers which the subject demands--men far removed
+from the contests of this day, who will know how to estimate this great
+epoch, and how to acquire an immortality for their own names by
+painting, with a master's hand, the immortal events of the patriot
+President's life.
+
+And now, sir, I finish the task which, three years ago, I imposed on
+myself. Solitary and alone, and amid the jeers and taunts of my
+opponents, I put this ball in motion. The people have taken it up, and
+rolled it forward, and I am no longer anything but a unit in the vast
+mass which now propels it. In the name of that mass I speak. I
+demand the execution of the edict of the people; I demand the
+expurgation of that sentence which the voice of a few Senators, and the
+power of their confederate, the Bank of the United States, has caused
+to be placed on the journal of the Senate; and which the voice of
+millions of freemen has ordered to be expunged from it.
+
+
+
+
+
+END OF PROJECT GUTENBERG ETEXT "ON THE EXPUNGING RESOLUTION"
+by Thomas Hart Benton