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


s preliminary question, has for the best OF all reasons
oscn slndioYsy excluded anticipate the action OF tho
which belongs exclusively TO that body hui
selves Into accusers, Witnesses counsel and iuges and
PREJUDICE the whole case Thus presenting the appalling
Peecie Ia Tree State, oil judges going through
preparation fr an Impartial hearing and decision by
Previous &C pdrfe Investigation and sentence against the
supposed offender.
whence we derived the model OF this part OF our Consu
uon h'n' mat he Loris cannot npesch any to them
seeS nor JONI The aceusaon because they j,.i
independently oil the general reasons Oh which TN.
RUE Is iounded It's propiety and importance are greatly
increased by the nature OF the aching power The
power oil arraigniug the high officers Of Government be.
~ tribunal who.e sentence may expel them froui their
seats and brand them infamous is einuently popular
teheuya remedy designed to be employed tor the pro-
e"on OF private night and public liberty against the abu.
sos oi injustice aud the OF arbitrary power
But The trainers OF the Constitution were aso unlou
"~'e' NAV his formidable instrument had been, aud
hsht be abusei: and that IRON it, very nature an i'm
Pea.hment Tor high crimes and msde whatever
sht DC Its result, would be by
50 much OF dshonor aud reproac soctudc and
MAKE 'ne power OF preerring it, Que OF the highest
sosmny and Importance Ii was due 10 both these con.
sorrao"s mat the inpeachng power should be oiged
i Tue hands oil those tho, the mode OF their cleo
ioh and the tenure of their Offices would most
express the popular will, the same time be most
uTee"y ani speedily amenabe to the People The theory
VI "e'e wise and Oengnant intentions is in the present
case sectualy defeated by the proceedings OF the Sen.
ae The members OF that body represent not the Peo.
PIE, ou, 'ne STATES and though they undoubtedly re-
'Po'e 10 tnc Ststes yet IRON their extended term
vice. Tue effect OF that responsibility during the hoe Pc
@ =. ,na 'ern must very much depend upon their
Impressions oil its obligatory force When body thus
eos 'u'eu' expresses, before hand its opinion ia par
GUAR Case, and thus indirectly invites NOT
y assumes power n'ended, tor wise reasons, to be
eoned 10 others, but il shields the latter from that ex
elusive aud personal responsibility under which /, WAS in
eneu 10 be exercised and the whole scheme
oil this part OF the Constitution.
Such would be some OF the affection, 10 this ,roceJ,.
even We're admitted that there is Jus, ground Tor In,
Puns 70 ,he PRESIDENT the offences charged in tho
iuo" But ~ on the other hand, the House OF Repre-
tduves Shall be OF opinion there no sson Tor rha
ing mem upon him, and shall therefore deem il
Pet' ah impeachment, then will the violation OF priy
ge, as IL respects that House, OF Justice as il regards the
president, and OF the Constitution, AS it relates to 10Th he
only The more conspicuous aud impressive
Inc constitutional mode OF procedure OH an impcacl
mas no' oniy been wholly dsre garded hut some of
me hrs' principles OF natural right and enlightened iurs
Puuehce, nave been violated in the very form of IN, re
.. ha carefully abstans from avenng in which OF
'e 'ae proceedings in relation 10 the public revenue
" the President has assumed upon himself authority and
power not conferred by the Constitution and Laws" IL
cdrehy aeains from specifying tkat iutcs or ,cbot
parts OF the Constitution have been violated Wbv va
moi the certainty OF the Off nce-.the nature ami ause
y, 'e accusation set out in the required in the
Soshuton before even the humbe.t iptIviuaI for the
smallest crime, can be exposed ndeninao! Such
specilcation was due 10 the accused, that he might d
e ms ueence To the real points OF attack the People
as "ey iSht c!eJrly Understand i'm what partcula rs
their institutions had been violated and 10 The truth
anu Ie'"hy OF our public annals. AS the record now
sand. whilst the resolution plainly CHARGES unon tha
resuen' al least one act OF usurpa'on in 'he late Ex
ecctVe proceedings in relation TO the public revenue
anu Is so framed tina, those Senator's who believed that
such ac' and only one had been committed could
% lie language is yet broad enough include several
such acts aud so may have been by
os VINO Vo'ed Tor H. But though the accusation is thus
comprehensive IN the Implies there is mo
certainly of Time, place, circumstance, as TO exb.
o't u'e particular conclusion OF fact or law which
induced any Senator vote for IT, And il NAV
nave happened that whilst one Senator believed that some
particular act embraced in the resolutions was an srbirarv
uoha' assumption oil power, Others OF tie
majority may have deemed that very act both uliou
a a"u eAped'en OF 81 not exPedien, yet still within the
paie OIL Tue Constitution. And thus m ority OF the S.na
W may nave oeen enabled TO concur, in vague and uu
ueed accusation, that the President in The course Of
the late Executive proceedings in relation TO the public
revenue, had violated the Constitution and Laws. h,
separate vo'e had been taken in respect each par
"cuar dc' included within the general terms the ac
~ resident might OH any such VOTE have been found
In HE minority.
Sun further TO exemphGy this feature of the
Important 10 be remarked that the resolution
gnally offered TO the Senate with adenua,
c'sio' certain acts OF the President which
as violation OF the Constitution LAWS; and that il
not un' the very close OF debate and when
"'s "Pprehenued That majority might not sustain the
specihc accusation contained il; that The resolution was
60 oned as 10 assume It's present form. more striking
Illustration oil the soundness and necessity of the rules
"nich 'orOid vague and indefinite generanes, and re-
qure reasonable certainty all Judicial atoms and
o'e ""s instance oil the vio,aon oil those rules has
seldom been exhibited. $3.50
In ms view OF The resolution i, certainly be re.
garded not as vincaon Of any particular provision of
The Law or the Constitution, but simply as am official re-
ouKe or condennaory sentence, general and indet
e 10 oe easily rePeiled but yet sufficiently precise 10
ons mo aiscredit the conduct and motives OF the Exc
cuVe but whatever it may have been atended 10 ac.
eonp'sh IS obvious that the vsgse, general aud ab.
sfac' form oil The resolution in perfect keeping with
ese o'er departures from first principles settled i'm.
Povemeh's I'D junspuience property the boast free
countries I'D modern times And : too aucb TO saw
OF The whole OF these proceedings that if they shall h..
approved and sustained by intelligent People then will
thdt great contest with arbitrary power which had esta.
Dshed III statutes, in bills of rights in sacred
ana III Constitutions OF Government the right of
c'zen to notice before trial. hearing before conyic-
ton and to impartial tribunal for de Gliding ON the chary
Nave been waged in vain.
IL The resolution had been left in its original form i, i,
ho' 10 De presumed That IL could have received tn
assent on majority OF the Senate Tor the acts therein
specibsd rs VIOLATIONS Of the Constitution and Ivs
clearly within the LIMITS OF the Executive authority Tbev
are 'he disnssing e late Secretary of the Treasury be-
cause ne would not, contrary his sense of his o,y
remove the money Of the u States in deposite with the
bShK oil the United States and its branches in con(ori-
WIN me rfeSidenls opinion; and appointing his suc
cessor 10 effect such removal, which has been don,
bnt as no other specification has been substituted and AZ
eSe we've The Executive proceedings in relation TO IN,
Puoc revenues, principally referred to in the course nj
e discussion, they will doubtless be generally
as the acts Intended be denounced A, can assunn,r
OF du'nofiiy and power not conferred by the Constitutes
or Laws, but IN derogaiiOn OF both" Ii is therefore dp
70 me occasion MAT condensed summary of the vie ws
bibi,ed. " ''''0 ca
ny the CONSTITUTIONS the Executive power vested in
rfesident oil the United States" Among the duties inn,
posed upon hin, aud which he is sworn to perform il IN
Of ''lakhg care that the laws be faithfully executed
Deog mus made responsible Tor the entire action of te
Executive department, was bat reasonable that the
npPVhng' overseeing, and controlling those who qxe-
cue Ue laws apower in its nature execuve-siould re.
main 10 his hands IL is therefore mt onIv hs ,;,
out me Constitution makes IL his duty TO uoninap and