Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1834-04-22

bu'es oil Legislative measure. II does no, appear To
nave oeen entertained or passed. with eNpec-
eion OF lis issuing in law or Joint resolution or i'm m.
retea OF any Laws or join resolution, in any other Lee
gisis,ive action.
Whilst wanting both the torn add substance of I.yis
iave measure 1t equally manifest that the resolution
not justified by any OF the Executive power, confr
red on the Senate These powers relate exclusively to
the consideration oil treaties and nominations office; aud
they are exercised In secret session. with
ms resolution does not apply 10 aoy treaty nominal
ton. and was passed in public session.
Nor does this proceeding, in any way belong 10 that
Grass OF incidental resolutions which relate TO the Off ers
OF "e seoa'e 10 Their chamber and other sppurieuance
or 10 SUBJECTS oil order, aud other OF the like ma
"re-in all which, either House may lawfully proceed,
whou' ahy cooperation with the other, with the Pre-.
siJent
On the contrary, the whole phraseoogy and sense Of
Tie resolution TO be judicial Its essence true cha.
ricter and only practical effect 10 be found in IN.
duct which charges upon the President and in the iudp.
ment which ponounces that Conduct The resoloon
therefore, though discussed and adopted by the Senate i'm
it, Legislative capacity s in its office and in all ia ha
ract.H'tcs, essentially judicial.
That the Senate possesses a hiyh iu,,;c;,, ,o.o .
ma, instances may occur in which the Prssid. at of the
United States viii be aRenabe to IT, is depiable B,
uhder the provisions OF the Constitution II ,onJ .,
equay pam tat neither the President nor any other
9cer can be ightully subjected 10 the opcration of IA.
,uae'a power Of the Senate except the cases and un
uer Tue iorms prescribed by the Constitution
The Constitution declares that "ihe President Vic.
rft.iuent aud oil civil officers OF the United State.
s"aii oe removed rom office impeachment for and
convection o! treason bribery or other b;pb c,cs AMI
nisdeinca nots"-th.t the House of R.pr,sen,a.iyc,
shall have the sole power oi imp Tho Sc
sna nave ,he sole power 10 try all npes cments"
that when sitting Tor tina, purpose thew shall he oa
or atkrns'ion-,at when the President of the Initial
States Is tried, the Chief Justice shall " ~
peson sna DC convicted without the concurrence of
Wo'hTds oil the members preseni"-and that " Judy.
men shall not extend urther than TO removal fon r.
. h, anu u,squsiheaon to hold and enjoy any office OF
" n0hor, trust, or profit, under the United States,
khe resolution above quoted, charges in s,hs,,,. H.,
certain proceedings relating to the public reyeuue tho
uno n mas Ssurp.d authority aud power conferred
Po nun ny .ne Constitution and laws, aud that i'm doing 80
ne violated both Any such act constitutes p crime
one o inc highes' indeed, which the President can com
h ~ LIME w"sh Josy expofes him TO Impeachment.
ny e mouse OF representatives and upon due convc,i,n
TO removal from Office, and 10 the comple, AMI ;
VIC u's'ranehiseneht prescribed by the Constitution
ne resolution then, was in substance an imnearbmsn,
OF the President; and in lis passage amoun,s d, t,
uon oy majority OF the Senate that he is guilty Of an
oe"ee SUCH tits spread upon the iosrnals
VI we oena'e-pubsiedto the nation and to the Xold
due part oil our enduring archiyes-and incorno,, :;
me history oil the age The punishment, of r.n,, s
' anu 'uure Disqualification, does not il is true Ioo,y
.nis uec'on nor would 1t have followed The liz sc;;
I" inc regular ioms OF proceeding had been nursncd L
cause The requisite nunber did not concur in Tho r,
Du ''e moral influence OF solemn declaration by ma,
Jory oil the Senate, that tho accused il pu;l,y ~
lehce charged upon him. has been as efec,usilv sec
, 'o ING uer'ai"'ion had been made upon at, mpeach.
meht expressed III the terms Inde.d . go
enec, mas oeen gained, because the votes oive,
ior 'he resolution, though not sufficient 10 ,ubo;,
Jh"'e"' VI gui'y Oh AN Dpe dclient, were nume,ous
enough 10 carry that resolution.
That the resolution does not expressy ,udo 49,,
assumption oil power and authority, which il condemns
"'n ihenuoha and and corrupt no answer TO the nrs
eeunS view oil ITS character and effect The ar, H.,
condemned, necessarily implies yoiition and deson i; ,,
M rud 10 "hoin II rs imputed, and being unIaw f,I IN
nv ir ne legal conciu'ion is, that it prompted
ny improper motives, aud committed with an 80
intent. he charge is not OF mistake in the rerci -
"pPoeu powers but oil The assumption Of powers mot
conferred by the Constitution and Laws but i'm dr.;
" "o", anu nothing ~ suggested excuse or pall.I liz
turpiinde oil the act. In the absence of anv s,,ch
,,p =; % ,heie Is only room for one nference: and
iJ ,, a' "e INTENT was unlawful and corrup, Be-
e' "e resolution not only contains no miig ainy sug
on' on the contrary il holds up the act comrlaS
90 Jus'y obnoxious TO censure and Reproduction: and
mus as distinctly stamps il with impuritv of ,no;,
IL me strongest epiheis had been used "
Inc President OF the United States therefore has hoe,
s', 80 oi us constitutional tiers accused aud found
s'y " al 'mPeaehaoia offence: but in no part Of tb
proceeding nave the directions of the Const;iu,on -
observed. ' CONSTITUTION Deen
me impeachment, instead of being preferred nd u,o
secuted ny HE House Of Repre- o,icin.tsd ia
the Senate, aud prosecuted withou, the ala or
renee oil The other House The oath or affirmation nSs
scFioed ny The Constitution, not taken bv iIs
tors; the Chief Justice did not preside No no,;. :.
charge was given 10 the accused and no opnor,n,y AZ
orNeu INN 10 respond to the accusation to meet hs .cc
ers dce 10 lace TO cross-exsmne the witnesses 10 pro
cure couneraciing testimony or TO be heard i, bis 10
he sale guards and tormailies which the Con-
a'uoh mas connected with the power OF Impeachment,
were uouo'rss supposed by the trainers of that
70 DO essential TO the protection of The public servan, ~
ne a"dhment oil justice, and to the order npar,iarv
a"u usy OIL Tie procedure These safe guards and Tor.
flIl
mehcemen aud conduct of these proceedings but in b;
o'" Dnd myself convicted by less than tvs o. thirds nj
'"s he'nbeFs present, OF an Improbable offence.
III VAN may u he alleged in defence of this nroceedi,o
That The iorin OF The resolution is not that Of AZ,
n'en OF OF Judgment thereupon; that the punishment
prescribed IN Tie Constitution does not follow lie .do,,on
OF MAI IN Iss case, no impeachment is TO b. exn.ctsJ
rom The foue OF Representatives. IL il bee uss i, did
no' assume me i"rm oil an impeachment that il is the
more pd'pdoly fepugnant TO the Constitution. Er i, i;
through mat form only that the ~ ssdent is iuci,lv re
pohsioe 10 ne SENATE; and though neither renoval from
oce NOT iuue dsqualIhcaOD ensues yetitis not in bo
presumed mat The trainers OF the Constitution
either or both OF those results as constituting H. -
u we punishment they prescribed, The Indictment NJ
guHy oy The highest tribunal in tie Union: he s,isu.
would iht ct on the offender, his family and ,,1n..
anu we perpetual record the journal HANDING
uowh 10 n'ure generations the story OF bis disgrace
were DOUBTLESS regarded by them as the berest nor
IONS II not the very essence of that punshmcn, "a
'dF, therefore, as some OF its most material marta
ceThed TIE passage recording, and pronuIg alton nj The
Soulo, ae an attempt 10 bring them on the Presiden, in
% unsn'hoHzed by The Constitution. To shield him
anu o'her ohcers who are liable impeachment from,
consequences SO nomenous, except wben really ,ne,,d
by oci denquebcIes the Consti,u ton has most aretI
su.,ucu ,he who'e process oil impeachn Mt msiori,y
VI ,e houSe OF representatives, think The officer
Suly, before he can be charged. Tive thire of ill., G.
nate must pronounce him guilty. or he i. decn,ed TO
noceh'' foryX Senators appear by the journal IN
oeeh present when the vote the resouon yyas taLon
~ ac all he soemDities oil an impeachment ibiry of
ose senators aa voted that the President was guii,y vel
"ouid nc nave been acquitted; but By the mode of oro
ceeding adopted in the present Case a J,stinr rti "
conviction has been entered up by The votes of
oehdoFs without an impeachment or tial yybilst ,,
constitution expressly declares that TO the entry of sucL
wv accusation by the House Of Representatives.
uia' ny the Senate, and concurrence of ;rI, ~
he vote oil guiy, shall be Indispensable pre- reoni.ie
whether or not an Impeachment was 10 he exoer,d
from me rouse oI Representatives. was point ON which