Martinsburg gazette. [volume] (Martinsburg, Va. [W. Va.]) 1833-1855, 1834-05-01

rscts below from the extraordinary document
transmitted to the seua,e Of the U. States on the |
18th inst. Nearly the first half Of the message 10
aiken up in an argument to shew that the resolu-
oas Of censurc passed BY the Senate, are eqaiv
.lent TO an impe achment, and that, not having
been passed in the constitutional form. (by &C.
cusatiJn Of the House Of Representatives, & trial
BY the sena,e) their adoption, and record on the
Journal Of the Senate, are violations Of the Con.
sttution.
With this view OF subj ct the President says
"The President Of the United States,
has been, by a majority of
his constitutional triers, accused and
found guilty Of an impeachable offence;
but in no part of this proceeding have
the directions Of the constitution been
observed.
The impeachment, instead Of being
preferred and prosecuted by the House
of Representatives, originated in the
Senate, and was prosecuted without
the aid or concurrence Of the other
House. The oath or affirmation pre-.
scribed by the constitution, was moi
taken by the Senators; the Chief Jus.
tee did not preside; no notice of the
charge was given to the accused; and
no opportunity afforded him to respond
to the accusation, to meet his accusers
face TO face, to cross examine the wit.
nesses, TO procure counteracting testi.
mony, or to be heard in his defence.
The safe guards and formalities which
the constitution has connected with the
power OF impeachment, were doubtless
supposed by the trainers of that instru
ment, to be essential to the protection
of the public servant, to the attainment
OF justice, and to the order, impart
atty, and dignity OF the procedure.
These safeguards and formalities were
not only practically disrecarded in the
commencement and conduct of these
proceedings. but in their result, find
myself convicted by less than two.
thirds of the members present, Of an
Improbable offence"
Whether or not an Impeachment,
was to be expected from the House oil
Representatives, was a point on which
the Senate had no constitutional riph,
to speculate, AMI in respect to which,
even had it possessed the spirit of pro.
phecy, It's anticipations would have fur.
nished no just grounds for their proce
dure. Admitting that there was rea.
son to believe that a violation of the
constitution and laws had been actuulIv
committed by the President, still i
was the duty Of the Senate, as his sole
constitutional judges to wait for an i'm.
parchment until the other House should
think proper to prefer it. The mem.
bers of the Senate could have no right
to infer that no impeachment was in.
tended. On the contrary, every legal
and rational presumption on their part
ought to have been, that if there was
good reason to believe him guilty of I'm
impeachable off nee, the House Of Rep
resentatives would perform its consti,u.
tional duty, by arraign NJ the often lei
before the justice ofthe country. The
contrary presumption would involve an
implication derogatory to the integrity
and honor ofth Representatives ofthn
People. But suppose the suspicion thus
implied were actually entertained, and
or a good cause, how can it justify the
assumption by the Senate of powers not
conferred by the constitution?
1t isonl Unnecessary to look at the con.
dition in which the Senate and the Pres
ident have been placed by this proceed
ing, toperceive its utter incompatihilty
with the provisions and the spirit Of the
constitution, and with the plainest die
afes of humanity all asst ce.
1.-THE House OF Represe natives shall
be of opinion that there is just ground
for the censure pronounced upon the
President, then it willbe the solemn du.
ty of that House to prefer the proper
accusation, and cause him to be brought
to trial by the constitutional tribunal.
But in what con 'ition would he find that
tribunal! A majority of its members
have already cons 1erad the case, and
have not only formed but expressed a
deliberate judgment upon its merits. 1t
is the policy Of our benign systems of
Jurisprudence, tosecure, in all criminal
proceedings and even in the most trivi.
al litigations, n far, unprejudiced, and
impartial trial. And surelvit cannot be
less importantthats nch trial should be
secured to the highest officer of the
The whole Executive power being
vested in the President, who is respon.
Slble for its exercise, it is il necessary
that he should have a |
right to employ agents of his own
choice to aid him in the performance
pf his duties, and to discharge them
when he is no longer willing 10 be re-
'PonslbIe for their acts. In strict ac.
with this principle. the pow.
'r OF removal, which; like that of ap. |
is an original Executive
'ower' IS left unchecked by the con.
ItIflltlOn IN