ch of the
government. This is its clear right, and this, too, is its imperative
duty.

If one or both the other branches of the government happen to do that
which appears to us inconsistent with the constitutional rights of the
Senate, will any one say that the Senate is yet bound to be passive, and
to be silent? to do nothing, and to say nothing? Or, if one branch
appears to encroach on the rights of the other two, have these two no
power of remonstrance, complaint, or resistance? Sir, the question may
be put in a still more striking form. Has the Senate a right _to have an
opinion_ in a case of this kind? If it may have an opinion, how is that
opinion to be ascertained but by resolution and vote? The objection must
go the whole length; it must maintain that the Senate has not only no
right to express opinions, but no right to form opinions, on the conduct
of the executive government, though in matters intimately affecting the
powers and duties of the Senate itself. It is not possible, Sir, that
such a doctrine can be maintained for a single moment. All political
bodies resist what they deem encroachments by resolutions expressive of
their sentiments, and their purpose to resist such encroachments. When
such a resolution is presented for its consideration, the question is,
whether it be true; not whether the body has authority to pass it,
admitting it to be true. The Senate, like other public bodies, is
perfectly justifiable in defending, in this mode, either its legislative
or executive authority. The usages of Parliament, the practice in our
State legislatures and assemblies, both before and since the Revolution,
and precedents in the Senate itself, fully maintain this right. The case
of the Panama mission is in point. In that case, Mr. Branch, from North
Carolina, introduced a resolution, which, after reciting that the
President, in his annual message and in his communication to the Senate,
had asserted that he possessed an authority to make certain
appointments, _although the appointments had not been made_, went on to
declare that "_a silent acquiescence on the part of this body may, at
some future time, be drawn into dangerous precedent_"; and to resolve,
therefore, that the President does not possess the right or power said
to be claimed by him. This resolution was discussed, and finally laid on
the table. But the question discussed was, whether the resolution was
correct, in fact and principle; not whether the