CHAPTER CLXI.
EXPUNGING RESOLUTION: MR. CLAY, MR. CALHOUN, MR. WEBSTER: LAST SCENE: RESOLUTION PASSED, AND EXECUTED.
Saturday, the 14th of January, the democratic senators agreed to have a meeting, and to take their final measures for passing the expunging resolution. They knew they had the numbers; but they also knew that they had adversaries to grapple with to whom might be applied the proud motto of Louis the Fourteenth: "Not an unequal match for numbers." They also knew that members of the party were in the process of separating from it, and would require conciliating. They met in the night at the then famous restaurant of Boulanger, giving to the assemblage the air of a convivial entertainment. It continued till midnight, and required all the moderation, tact and skill of the prime movers to obtain and maintain the union upon details, on the success of which the fate of the measure depended. The men of conciliation were to be the efficient men of that night; and all the winning resources of Wright, Allen of Ohio and Linn of Missouri, were put into requisition. There were serious differences upon the mode of expurgation, while agreed upon the thing; and finally obliteration, the favorite of the mover, was given up; and the mode of expurgation adopted which had been proposed in the resolutions of the General Assembly of Virginia; namely, to inclose the obnoxious sentence in a square of black lines—an oblong square: a compromise of opinions to which the mover agreed upon condition of being allowed to compose the epitaph—"Expunged by the order of the Senate." The agreement which was to lead to victory was then adopted, each one severally pledging himself to it, that there should be no adjournment of the Senate after the resolution was called until it was passed; and that it should be called immediately after the morning business the Monday ensuing. Expecting a protracted session, extending through the day and night, and knowing the difficulty of keeping men steady to their work and in good humor, when tired and hungry, the mover of the proceeding took care to provide, as far as possible, against such a state of things; and gave orders that night to have an ample supply of cold hams, turkeys, rounds of beef, pickles, wines and cups of hot coffee, ready in a certain committee room near the Senate chamber by four o'clock on the afternoon of Monday.
The motion to take up the subject was made at the appointed time, and immediately a debate of long speeches, chiefly on the other side, opened itself upon the question. It was evident that consumption of time, delay and adjournment, was their plan. The three great leaders did not join in the opening; but their place was well supplied by many of their friends, able speakers—some effective, some eloquent: Preston of South Carolina; Richard H. Bayard and John M. Clayton of Delaware; Crittenden of Kentucky; Southard of New Jersey; White of Tennessee; Ewing of Ohio. They were only the half in number, but strong in zeal and ability, that commenced the contest three years before, reinforced by Mr. White of Tennessee. As the darkness of approaching night came on, and the great chandelier was lit up, splendidly illuminating the chamber, then crowded with the members of the House, and the lobbies and galleries filled to their utmost capacity by visitors and spectators, the scene became grand and impressive. A few spoke on the side of the resolution—chiefly Rives, Buchanan, Niles—and with an air of ease and satisfaction that bespoke a quiet determination, and a consciousness of victory. The committee room had been resorted to in parties of four and six at a time, always leaving enough on watch: and not resorted to by one side alone. The opposition were invited to a full participation—an invitation of which those who were able to maintain their good temper readily availed themselves; but the greater part were not in a humor to eat any thing—especially at such a feast. The night was wearing away: the expungers were in full force—masters of the chamber—happy—and visibly determined to remain. It became evident to the great opposition leaders that the inevitable hour had come: that the damnable deed was to be done that night: and that the dignity of silence was no longer to them a tenable position. The battle was going against them, and they must go into it, without being able to re-establish it. In the beginning, they had not considered the expunging movement a serious proceeding: as it advanced they still expected it to miscarry on some point: now the reality of the thing stood before them, confronting their presence, and refusing to "down" at any command. They broke silence, and gave vent to language which bespoke the agony of their feelings, and betrayed the revulsion of stomach with which they approached the odious subject. Mr. Calhoun said:
"No one, not blinded by party zeal, can possibly be insensible that the measure proposed is a violation of the constitution. The constitution requires the Senate to keep a journal; this resolution goes to expunge the journal. If you may expunge a part, you may expunge the whole; and if it is expunged, how is it kept? The constitution says the journal shall be kept; this resolution says it shall be destroyed. It does the very thing which the constitution declares shall not be done. That is the argument, the whole argument. There is none other. Talk of precedents? and precedents drawn from a foreign country? They don't apply. No, sir. This is to be done, not in consequence of argument, but in spite of argument. I understand the case. I know perfectly well the gentlemen have no liberty to vote otherwise. They are coerced by an exterior power. They try, indeed, to comfort their conscience by saying that it is the will of the people, and the voice of the people. It is no such thing. We all know how these legislative returns have been obtained. It is by dictation from the White House. The President himself, with that vast mass of patronage which he wields, and the thousand expectations he is able to hold up, has obtained these votes of the State Legislatures; and this, forsooth, is said to be the voice of the people. The voice of the people! Sir, can we forget the scene which was exhibited in this chamber when that expunging resolution was first introduced here? Have we forgotten the universal giving way of conscience, so that the senator from Missouri was left alone? I see before me senators who could not swallow that resolution; and has its nature changed since then? Is it any more constitutional now than it was then? Not at all. But executive power has interposed. Talk to me of the voice of the people? No, sir. It is the combination of patronage and power to coerce this body into a gross and palpable violation of the constitution. Some individuals, I perceive, think to escape through the particular form in which this act is to be perpetrated. They tell us that the resolution on your records is not to be expunged, but is only to be endorsed 'Expunged.' Really, sir, I do not know how to argue against such contemptible sophistry. The occasion is too solemn for an argument of this sort. You are going to violate the constitution, and you get rid of the infamy by a falsehood. You yourselves say that the resolution is expunged by your order. Yet you say it is not expunged. You put your act in express words. You record it, and then turn round and deny it.
"But why do I waste my breath? I know it is all utterly vain. The day is gone; night approaches, and night is suitable to the dark deed we meditate. There is a sort of destiny in this thing. The act must be performed; and it is an act which will tell on the political history of this country for ever. Other preceding violations of the constitution (and they have been many and great) filled my bosom with indignation, but this fills it only with grief. Others were done in the heat of party. Power was, as it were, compelled to support itself by seizing upon new instruments of influence and patronage; and there were ambitious and able men to direct the process. Such was the removal of the deposits, which the President seized upon by a new and unprecedented act of arbitrary power; an act which gave him ample means of rewarding friends and punishing enemies. Something may, perhaps, be pardoned to him in this matter, on the old apology of tyrants—the plea of necessity. But here there can be no such apology. Here no necessity can so much as be pretended. This act originates in pure, unmixed, personal idolatry. It is the melancholy evidence of a broken spirit, ready to bow at the feet of power. The former act was such a one as might have been perpetrated in the days of Pompey or Cæsar; but an act like this could never have been consummated by a Roman Senate until the times of Caligula and Nero."
Mr. Calhoun was right in his taunt about the universal giving way when the resolution was first introduced—the solitude in which the mover was then left—and in which solitude he would have been left to the end, had it not been for his courage in reinstating the word expunge, and appealing to the people.
Mr. Clay commenced with showing that he had never believed in the reality of the proceeding until now; that he had considered the resolution as a thing to be taken up for a speech, and laid down when the speech was delivered; and that the last laying down, at the previous session, was the end of the matter. He said:
"Considering that he was the mover of the resolution of March, 1834, and the consequent relation in which he stood to the majority of the Senate by whose vote it was adopted, he had felt it to be his duty to say something on this expunging resolution; and he had always intended to do so when he should be persuaded that there existed a settled purpose of pressing it to a final decision. But it had been so taken up and put down at the last session—taken up one day, when a speech was prepared for delivery, and put down when it was pronounced—that he had really doubted whether there existed any serious intention of ever putting it to the vote. At the very close of the last session, it will be recollected that the resolution came up, and in several quarters of the Senate a disposition was manifested to come to a definitive decision. On that occasion he had offered to waive his right to address the Senate, and silently to vote upon the resolution; but it was again laid upon the table; and laid there for ever, as the country supposed, and as he believed. It is, however, now revived; and, sundry changes having taken place in the members of this body, it would seem that the present design is to bring the resolution to an absolute conclusion."
Then, after an argument against the expurgation, which, of necessity, was obliged to be a recapitulation of the argument in favor of the original condemnation of the President, he went on to give vent to his feelings in expressions not less bitter and denunciatory of the President and his friends than those used by Mr. Calhoun, saying: