Vandalia Whig and Illinois intelligencer. [volume] (Vandalia, Ill.) 1832-183?, 1834-05-08

corrupt, Besides, the resolution not onI,
contains no mitigating suggestion, but OIL
the contrary, it holds up the act complaine,
Iof, as justly obnoxious to censure and rep
robatlon and thus es distinctly stamps
with impurity of motive, as if the strong
est epithets had been used.
The president ofthe United States, there
fore, has been, by majority of his consti
tutional triers, accused and found guilty o
an impeachabIe offence; but in no part o
this proceeding have the directions of tn,
constitution been Observed
The Impeachment, instead of being pre-
feried and prosecuted by the House of rep
reseniatiyes, originRted IN the senate, anc
was prosecuted without the aid or concur
renee of the other house. The oath or af,
firmation prescribed by the constitutions
was not taken by the senators; the chieI
justice did not preside; no notice of the
charge was given tothe accused, and nc
opportunity afforded him to respond to the
accusation. to meet his accusers face to
lace, to cross examine the witnesses, to
procure counteractihg testimony, or to be
heard in his defence, The safeguards and
forma'l'les which the Constitution has con-
nected with the poyer of impeachment,
were doubtless supposed by the trainers Of
that instrument, TO b essential to the p, o.
lection of the public Dervant, to the attain
ment of justice, and to the order, impari-
atty, and dignity Of be procedure. These
safe guards und forralities we're not only
practi callv disregared, ia the commence
ment and conduct these proceedings.
but in their result, ind myself convicted
by less than twothirls of the members pre-
sent, of an impeaceale offence.
In vain may it be alleged in defence of
this proceeding, that tie form of the reso-
luton is not that of Impeachment, or of
a judgement thereupn; that the punish
ment prescribed in tie constitution does
not follow its adoption, or that in ;his case,
no impeachment is to b expected from the
house of representatives. 1t is because it
did not assume the form of an impesch-
ment, that it is the more palpablv rep,g
nant to the constitution; for it is through
that form only that the president is judi
clously responsible to the senate; and
though neither removal from office nor flu
lure disqualification ensues, yet it is not to
De presumed, that the trainers of the con-
stltetion considered either or both of those
results, as constituting the whole of the
punishment they prescribed. The Judge
ment of guilty by the highest tribunal in
the union; the stigma it would inflict on
the offender, his family and fame; and the
perpetual record on the journal, handing
down to future generations the story of his
disgrace, were doubtless regarded by them
as the bitterest portions, if not the very es-
sence of that punishment So far, there
fore, as some of its most material parts are
concerned, the passage. recording, and
promul CATION of the resolution, are an at
tempt to bring them on the president, in "A
manner unauthorized by the constitution
10 shield him and other officers who are
liable to impeachment. from consequences
so momentuous, except when really merit
ed by official delinquencies, the constitu-
ton has most carefully guarded the whole
process of impeachment. A majority of
the house of representatives, must think
the officer guilty, before he can be charged.
Two-thirds of the senate must pronounce
HIM guilty or he is deemed to be innocent.
Forty six senators appear by the journal to
have been present when the vote on the
resolution was taken. II, after the So
Iemnitles of an impeachment, thirty of
those senators had voted that the president
was guilty, yet would he have been &C
quilted; but by the mode of proceeding a.
dopted in the present case, a lasting record
OF conviction has been entered up by the
votes Of twenty-siX senators, without an
impeachment or trial; whilst the constitu-
ton expressly declares that to the entry OF
such judgement, an accusation by the
house of representatives, trial by the SEN
ate, and a concurrence of two-thrds ia the
vote of guilty, shall be indispensable pre-
requisites.
Whether or not an impeachment was to
be expected from the house of representa-
tives, was point on which the senate had
no constitutional right to speculate, and in
respect to which, even had it possessed the
spirit of prophecy, its anticipations woult
have furnished no Just grounds for this pro
cedure. Admitting that there was reason
to believe that violation of the constilu'
ton and laws had been actually commit
ted by the president, still it was the duty
OF the senate, as his sole constitutions
Judges, to wait for an impeachment unit
The other house should think proper to pre-
te- it. The members of the senate coult