Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1834-05-01
rraLi.srp, wxsxtv, 1T
JOHN -. G.HZL.4HER.
MHSSA0H
or THE PRESfDE.N-T or THE yr>-y.
TED SI.ff'kS TO THE SE.N.fTE.
rran,mitted On the 18th April.

or TIE PREyfDEN-T or T.gE y,>-,.
TED SI.ff'k,S TO THE SEVfTE,
Transmitted On the 18th Anil.
Ta ia !Sassife Of fse Caifsd States.
Il appears BY the published journal Of IN.
senate, that, on the 26,h Of Deco mbcr Iast-
resolution was offered by the Senate. which
after Protracted debate, was, on the tweu-
ty-eigth day OF March last. modified by the
mover, and passed by the votes Of twenty-six
Senators out OF forty-sixs who were present
and voted. in the following words, viz:
"Ress!red. 1h.t the President, In the late FL
ecutive proceedings an relation to the public rrv,.
nue.. has assumed upon himself authositv sud
bat in derugatioa Of both"
Having had the honor, through the voluo-
tary SURFACES Of the American People. 20 Gil
tho Office Of President of the United State,
during the period which may be presumed TO
have been referred 10 in this resolution. IL 10
sufficiently evident that the censure IL inli,ct,
va, intended for myself Without notice. un
heard and untried, . thus end myself CHARGED
on the records Of the Senate, and in q form
hitherto unknown in our history, with the
high crime Of violating the laws and Consti-
tuition OF my country.
IL can seldom be necessary for any DEPART
ment Of the Government, when assailed in
conversation OF debate, or by the structure.
OF the press or OF popular assemblies, 10 step
out of its ordinary path for the purpose Of
vindieatiny its conduct, or Of pointing out any
irregularity or injustice in the manner of The
attack. But when the Chief Executive Ma
gistrate is, BY one OF tho most inportan,
branches OF the Government, In it, Official CO.
paeity, in public manner, and by its record
ed sente nee, but without precedent, compc-
tent authority. or just cause, declared guilty
Of breach. OF the laws and Constitution, IL Is
due to hrs station, 10 public opinion, and to
proper self-respect, that the officer thus de-
nouneed should promptly expose the wrong
which has been done.
In the present case, moreover, thern IA even
stronger necessity for such vindic alton.
BY an express provision Of the Constitution,
before the President Of the United State. can
enter on the execution Of his Office, he i. re-
CURED 10 take an oath or Affirmation in the
following words:
'I do solemnly swear Tor AFFIRM that I
will faithfully execute the Office Of President
OF the United States; and will, TO the best of
my ability, preserve, protect, and defend the
Constitution Of the United States"
The duty Of defending, so far Is In him
lies, the integrity Of the Constitution, would
indeed have resulted from the very nature of
his Office but by thus expressing Il in the Of
heial oath or affirmation, which, in this re-
spect, differs from that Of every other func
tionary. the founders of our Republic have
attested their sense Of its importance. and
have given TO il . peculiar solsmnity and
force. Bound to the performance Of this du-
~ by the oath I have taken, by the strongest
obligations Of gratitude TO the American peo-
pie, and BY the ties which unite nv cyery
earthly interest with the welfare and glory Of
my country, and perfectly convinced that the
discussion and passage Of the abovementiou-
ed resolution were not only unauthorized by
the Constitution, but, in many respects, re-
pugnant to its provisions, and subverSiye of
we rights secured BY u TO other coordinate
departments, deem u an imperative duty 70
maintain the supremacy OF thst sacred instru-
ment, and the immuni,ies Of the departmen,
inirusted TO my care, by all means consistent
with my own lawful powers, with the rixht,
OF others, and with the genius Of our civil
institutions. To this end, have caused this.
my set,1n protect against the aforesaid pro-
ceedinys. to be placed on the files Of the Exc
euiive Department. and 10 be transmitted 20
the Senate.
II Is alike due 10 the subject, the Senate
and the People, that the views which have
taken Of the proceedings referred 10, and
which compel me 10 regard them in the light
that has been nae ntioned, should be exhibited
q. length. and with the freedom and frmne..
which are required by occasion 90 unpre-
eedenied and peculiar.
Under the Constitution Of the q. States,
the powers and functions Of the various do
Partments OF tho Federal Government. and
heir responsibilities for violation or neglect
Of duty, are clearly defined, or result by ne
oessary inference. The legislative power,
subject 10 the qualified negative Of the Pre.i-
dent, - vested IN the Congress Of the United
States, composed Of the Seoats and House Of
representatives. The Executive power u
4 vested exeiusively in the President, except
MAT, IN The conclusion Of treaties, and in Ger
lam appointments TO Office, he ~ 10 act with
I the advice and consent Of the senate. The
Judicial power - vested exclusively an the
supreme and other Courts of the u. States.
3 except IN cases OF impe aehment, for Sh,eh
s purpose the aeeusatory power - vested IN the
House Of Representatives., and that Of hearing
and determining in the Senate. but although
i'r the special purposes which have been
incntiooed, there - an occasional Intermix-
lure Of the powers of the different DEPART
lacnt-, yet witb these exceptions, each Of the
thfee great departments j. independent Of The
ohers N iis sphere Of action and when Il
e r'tes from that sphere, Is not responsible
NE Others, further than u - expressIy
80 20 IN the Constitution. IN every other
I',P'ei, each ~ them ~ the coeqaal Of the
y
InoI'c a" People, without power OF risht 70
S" ., " 'snsure each other IN the service
% heH common superior. save only IN The
manner and u Tie degree which that superb
3 OF has prescribed
The responsibilities Of the Pr,.id-n, 49,.
numerous and weighiy. he ). I,sbI, h 80
'achmcntfOr high crime. and MAIDEN. -.
and. on due Conviction. 70 removal from, 80
i.e, and PeSPetoaI disqualification aud ,s,-
q.
indicted and punished according " Law. IL
-
lEAS-Nessrs BIB, Black, Calhotss. IL,
lstion, Estes. frtiiaghay sen keut, Ksi1Li
's'. MsngaFn, Nsaslsia. Poinslrster, Porter.
f,fiss, Fres,Oa. RObhias silsl-~, Ssssilh sssll,.
~ sprsEue. Bsift, Tomiinsoa. tyier, Wsxra-
~ Wcbscr-26.
NANs-Mes9s B-ot0a, Bfows, Porsyta.
'i''ly, iiendrieks fIiil. Ksne, King Il AI.is.usa
q Geo., lAua, M'kean, " spfc, Morr,s.
.n'1'' shcPley. Talin,sige, T,pson, Whit,
''ikms. Wnght-20