Mr. President, the resolutions now before us declare, that the Protest
asserts powers as belonging to the President inconsistent with the
authority of the two houses of Congress, and inconsistent with the
Constitution; and that the Protest itself is a breach of privilege. I
believe all this to be true.
The doctrines of the Protest are inconsistent with the authority of the
two houses, because, in my judgment, they deny the just extent of the
law-making power. I take the Protest as it was sent to us, without
inquiring how far the subsequent message has modified or explained it.
It is singular, indeed, that a paper, so long in preparation, so
elaborate in composition, 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.
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