omposition, and which is put forth for so high a purpose
as the Protest avows, should not be able to stand an hour's discussion
before it became evident that it was indispensably necessary to alter or
explain its contents. Explained or unexplained, however, the paper
contains sentiments which justify us, as I think, in adopting these
resolutions.
In the first place, I think the Protest a clear breach of privilege. It
is a reproof or rebuke of the Senate, in language hardly respectful, for
the exercise of a power clearly belonging to it as a legislative body.
It entirely misrepresents the proceedings of the Senate. I find this
paragraph in it, among others of a similar tone and character: "A
majority of the Senate, whose interference with the preliminary question
has, for the best of all reasons, been studiously excluded, anticipate
the action of the House of Representatives, assume not only the
function which belongs exclusively to that body, but convert themselves
into accusers, witnesses, counsel, and judges, and prejudge the whole
case; thus presenting the appalling spectacle, in a free state, of
judges going through a labored preparation for an impartial hearing and
decision, by a previous _ex parte_ investigation and sentence against
the supposed offender."
Now, Sir, this paragraph, I am bound to say, is a total
misrepresentation of the proceedings of the Senate. A majority of the
Senate have not anticipated the House of Representatives; they have not
assumed the functions of that body; they have not converted themselves
into accusers, witnesses, counsel, or judges; they have made no _ex
parte_ investigation; they have given no sentence. This paragraph is an
elaborate perversion of the whole design and the whole proceedings of
the Senate. A Protest, sent to us by the President, against votes which
the Senate has an unquestionable right to pass, and containing, too,
such a misrepresentation of these votes as this paragraph manifests, is
a breach of privilege.
But there is another breach of privilege. The President interferes
between the members of the Senate and their constituents, and charges
them with acting contrary to the will of those constituents. He says it
is his right and duty to look to the journals of the Senate to ascertain
who voted for the resolution of the 28th of March, and then to show that
individual Senators have, by their votes on that resolution, disobeyed
the instructions or violated the
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