Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1834-05-01

- also liable % the privs6e scsisa af su~ p>r-
" Who may have been ssjsrcd By hs illegal
mandates or instructsoaa, q the san.s nanoer
aud 70 the SANE extent - The hsabie~a fu,e-
tionsry. In additioa Co The responsibilities.
which nay thus be enforced By impeschs.>.a.
Criminal proeecutsoa. or suit II ias, Ne u s,so
accountable II the bar o( pubic epis.ssa S.r
every act Of his adainistr,asoa. Srs,crf o.i,
10 The restraints OF Truth and Justice. st.e
free people Of the United States have M ,,p-
doubted right n individuals or cslircs,.~iv.
orally or IN writing. n such times, and an sscL
language and form as they may think prop~r.
10 discuss Hrs Official conduct ana ,o exurrs.
and promuiEatc their opilioas concerning n
Indirectly. also, hr ooaduct may CONF undrr
review IN either branch of Tie ier,sl.,ur~
OF IN the senate when acting m ms E.oc..ii,<
capacity, and 80 far ~ the executive ar Ir-
gisistise proceedings of these bodies n.y re-
quire u, Il may be examined b, them. The.s
are believed To be the Pc per and ouly rseae-
ga which the fressdent of the Cnstcd state n.
to DO held sceountabie for hi, oticiaI Con-
duct
Tested BY these principles. she rc.oiuaica az
me Sen.te n wholly unauthorized ~ fi.e
Constitution, and m dcroE.i,on &C "a. s.ssisre
spirit. assumes that . single branch of f,.e
Legislative Department may, for nc purro-r.
OF public censure. and without any sse~ &c
tegislafson or Impeachment, take up, CONSIDER.
and decide upon, the official acf. &c tl.~ Exc
cutive. But m no part Of the ConStif,si,ss. :.
the President subjected 10 any such rr.r.sss,-
o'iisy and IN no part Of that instrument 4.
any such power conferred On either br.ach
Of the Legislature
The justice Of these conelu.inn. viii No A
Illustrated and coahr@ed By q hrsef .n.b, ~.
OF the powers Of the senate, aud n caomnxr,-
son Vi their recent proceeding. With tho-e
powers.
The high functions assi-oed by fh- Can~f,-
| tuition 10 the Senate, are m their nature a.
Their Legislative, Executive, or JUDICIAL n
Is only IN the exercise Of is judicial power,
when sitting ~ n Court for the Trial or Iu-
psachnents, that the Senate IL expres.iy .v-
thorized aud necessarily required 20 consiser
and decide upon the conduct al the frr.sdens
or any other public officer Indirccflf- hex.
ever, n has already been suggested, n mas
frequenty be called on % perform thai ofI,or
Cases may occur IN the course t,f is I<yrsi.-
tive or Executive proceedings, IN which 1,
may be Indispensable 20 the proper exercise
OF ITS powers, that II should inquire insa. md
decide upon. the conduct Of the Presideui O,
other public officers: and, m every such CO.
ITS constitutional right 90 do SO n cherrfufis
\ conceded. But TO authorize the Senate "a
enter on such task in lie Legislative or e.
eutive capacity. the inquiry must actrail.
grow out OF and tend 10 some :,egiSl.tire a,
| Executive action; and the decs.ioa- NJ,
! expressed, must take the form Of some NJ
Propriate legislative or Exeeutze act
The resolution an question was introduced
discussed, and passed, not rs a ioi,It. but n,
q separate, resolution. IL asserts no Iegisla
tive power; proposes no Legislative arfis.n;
and neither Possesses The form nor ans ID fI..
attributes Of . Legislative measure. A DOE,
not appear 10 have been entertained o. pas.ed
with any view or expectation Of ne i..u,nr
| IN Law or joint resolution or IN the rrp~aI
Of any lav or joint resolution, or m ANY otl.s.
legislative actioa-
l Whilst wanting both he form and ssfbsfanr<
OF legislative measure, % l. oquaIls man
lest, that the resolution was bOa Justified d.
any Of the Executive powers conferred s.I
the Senate These powers relate ~xefu.;. "A,
to the eonsideration Of treaties aud ns.u,;,..,
tons 90 of6ee; aud they arc exer-s.eA an .r
cret session, and - I'm closed doors This re.
solution does not apply 60 my treaty or nen,
nation. and was passed IN . P,sbI,e Session.
Nor does this proceeding ia ssy cav s.-
long 10 that class Of Incidental resuss11lua
which relate 10 the officers 0f the Sranse. 4.
their chamber, and other nppur1enaDues IN
TO subjects Of order, and other mBfsers AZ IL,
like nature-in ali which either Hes.e s..,
lawfully proceed. without any co-ozerzfia,
with the other, or asth the Presiaena-
On The contrary, the whole Flsraseososy nBI
sense Of the resolution seem 90 he luasciai,-
US eAeence, true character. and ousy prac1i
cal eject, are To be found IN the eond,ts
which il charges upon tie Presis+rs. rps !,
the Judgment which Il pronounoes On ma,
conduct The resolution. therefore. though
discussed ard adopted by tise senate. IN n,
legislative capacity, IS. m its Office, and IN N
its characteristics, essentially judicial
/ That the Senate possesses . hsgh 5uascisl
power, and that instances saay Ssorur n
which the President OF the United STATE.
viii be EusensbIe 90 q. il uodenistae Bu
under the provisions of the Consinution. q
would seem 60 be equally piain Inst Bestl..sI
the President nor any other Officer csn l.,
\ rightfuily subjected 60 the operation sd abe
Judicial power of the Senate, eEeeta % M
eases and under the forms preserissod Nv a.
| Constitution.
The Constitution declares that tlse Press
deat, Wee Pre-bdcBi aud all eisa officers 81
/ the United States, shalt be removed frxssa e.
ice on impeachHsent Scr, and oonsscsisu 81
treason, bribery, or other hiEA cFssBes and
misdeme aRorx. that the Henus q Repu.-
sebtatiEes shall have the rsss pe@rr &C an
I PeaohmeHt"-thAt tise senzss Ias-slsn asss
the sole power 10 try all imPesehmstsl.- ahsl
" Sbea sitting for that purPs-e. dies stHil i.s
on oath or afifrmaiiou"-- that s.alsen tie Pre-
sidens OF the CnTtsd Stztes u tired, ts.s G,l.,-s
Justice shall preside"--thst " ao pxrsaa sssi
be convicted without the coaeurrnDos - ass-
thirds Of The nembers preseug--,upa fhu,
Judgment shall not sxiead further tilnn o.
removal from Office. ard di.qusii6outisss ts
hold and enJoy any oalce q honor, trust. 90
profit, under the United Stsies-
The resolution above quoted, ehHrrrs. o.
substance, that al certain proceeding. rtIstsl,c
10 Tie public revenue, fhe Pressdssa ls..
usurped satb0Tiiy aud power has cs.s.ferr-s
/ uPOn bim b. the Consiituiion a1d laus. -
that "a doing 80, be Vioisto1 bob Az auct
= act constitutes . high eriu,.-ons u ~ hsgh
ssi, indeed. Which the Pressdeta csa cUuss. =
- crime Which justly eHposcs hin g. an
Peschment By the H0vse - Rspreaestutsses
and upon due cOnvictissn. 90 remorai frosa
on'ce, and % TIE eompiets and fus1utnt.ls
a'-ifaaeh''eassnt prescribed By ilss Ceestnu-
ton.
me resoiui'on, tssn. Sss, IN sub<froo-. ~
Z = - Il A.