Life of James Buchanan, Fifteenth President of the United States. v. 1 (of 2)Curtis, George Ticknor
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Life of James Buchanan, Fifteenth President of the United States. v. 1 (of 2)
Curtis, George Ticknor
Buchanan, James, 1791-1868
There is one praise to be accorded to this speech, which, considering
the party character of the struggle, is not a small one. Mr. Buchanan
separated what was personal and partisan in this controversy from the
serious questions involved; and covering the whole field of argument
upon the really important topics in a temperate and courteous but firm
discussion, he placed his side of the debate upon its true merits. He
began by contending that the censure, which the Senate had in 1834
passed upon the President, was unjust, because he had violated no law in
ordering the Secretary of the Treasury to remove the public deposits
from the Bank. He then argued that the Senate had committed an
infraction of the Constitution, by recording upon its journal an
accusation that the President had been guilty of an offence for which he
might be impeached, and for which it would be the duty of the Senate to
try him on articles of impeachment, if the House of Representatives
should ever proceed against him in that manner. In thus prejudging the
case, by a resolution of mere naked censure, adopted in its legislative
capacity, the Senate had rendered itself incompetent to perform its high
judicial function. He concluded his argument by a very ingenious and
elaborate criticism of the word “expunge,” arguing that there was a real
and solid distinction between a physical obliteration of a record,
making it impossible thereafter to be read, and such an annulment of its
legal existence as was now proposed, and which, by leaving it in a
condition to be read, would nevertheless deprive it of all force. It
must be confessed that this was a very finely drawn distinction; but it
was supported by no inconsiderable acuteness and force, and with great
fairness of reasoning. Col. Benton’s resolution was adopted by a party
vote, and was immediately carried out.[53]
The following is a full report of Mr. Buchanan’s speech in support of
the Expunging Resolution:
MR. PRESIDENT:—After the able and eloquent display of the Senator from
Kentucky, (Mr. Clay) who has just resumed his seat, after having so long
enchained the attention of his audience, it might be the dictate of
prudence for me to remain silent. But I feel too deeply my
responsibility as an American Senator, not to make the attempt to place
before the Senate and the country the reasons which, in my opinion, will
justify the vote which I intend to give this day.
Public-domain text, read in full here on John Shaqi.
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