Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1834-05-08
NO. H..

hsiui anu corrupt. Beside, the re solutiou
not only contains no mitigating suggestion.
Dut on The contrary IL holds up the act com
planned OF, as justly obnox ioss 10 een.ure ana
rcProbation, and thus ~ distinctly ,t.m,s !,
with imPuriiy Of motive, a. Il the .t,onye.,
ePithets had been used"
Now, have always understood, and I should
nave supposed that the President. who I'm.
been Judge, would have known, that the al
legation Of crimina nj intent n OF the eSsene,
OF every criminal accusation; and I appr,
bend that Il never be fore was imagined Ina,
the omission 10 allege criminal intent Va.
supplied 10y an omission Of any eircumstanes>
OF excuse or Justification that might lead Tn
acquittal. Neither - there but one ,uppos.
zion on which this reasoning Of IN. Pr,ssb.,,
can hold good; and that -, tia, he Is so pro-
ioundly yorsed in the constitntiou and law.
and 80 well known Ia the whole world, and
especially To the Senate, To be an infallibl,
Judge OF them, that q. ~ impossible for any
one 10 iinput- departure from them by him
10 mistake or error II Judgment; and, there
fore, tho Senate must have intended To
charge hrs alterations to . whful criminal
design Co violate the constitution and III,
lave, which Il ~ his duty To observe and
maintain. Surely. sir, this man is possessed
WIN a degree OF presumption that never
mortal man beside was cursed withalt n prs-
sumption, which, whether 1t proceed, from
native vanity, or the favors Of fortune, or tho
poison OF hnttery, must be To himself . eopi-
Gus source of error well es Of bite rne.s.
aud OF evil TO has country. The Supreme
court OF The United States has been often
charged with giving Judgments contrary to
The constitution: the President hinself has
made such charges against that court Con-
sress has been, over and over again, charged
WIN passing laws not warranted by the eOS.-
sttution and the President has repeatedly
alleged this against the Legislature. Con-
sre>s has been charged with passing, and the
PRESIDENT with approving, Unconstitutional
acts and, Il am rightly informed. the Pre-
sident has alleged this IN respect of acts. or
paris oil acts, which no himself has approved.
IN oeoate here, gentlemen are daily contend
ing mat The opinions and votes Of each other
arc contrary TO the constitution. Who ever
thought that such allegations implied n eharve
OF crime-of wilful violation Of the eoo.ti-
tuition IL IS only when such an allegation 4,
brought by the Senate against the President.
oy his Senate against this Prs.idsuf, that tha
senate must nece ssariiy intend 10 arraign him.
without any Impeachment from the other
house, and to try and convict him without a
hearing. And this IS the daring violation Of
the constitution for which the President ap-
Peais To The American people against the Sc
nate
", Mr.. President, the Senate had entered
into an examination OF the recent measure,
OF the Executive, and declared the m faultIes>,
or II We had held the opinion that, though
those measures were illegal and uncon.tiiu-
honal, yet his motives were most pure and
patriotic, and his proceedings judic ious, poll
TIC, and necessary, and that he was entitled
10 the gratitude OF hrs country and 20 the sup
port Of Congress; II the Senate had thus pro-
nDlInCed JUDGMENT 81 II n "A.
dent, without any anticipation Of an impeach-
ment 10y the other House, and much more
with certainty that there was To be no I'M
parchment, apprehend he would then have
seen, distinctly enough, that we we're acting
10 our legislative, not in Our judicial capacity.
indced The President intimates sueh an opiu-
ION IN the complaint he makes, that our reso-
luton suggests nothing To excuse, paIliate, or
mitigate the misconduct imputed To him
But have never heard Of bat one precedent
Tor this principle and form OF proceeding, and
ihat - 10 be found IN the ample OF . certain
prostituted editor, HON you and I wot Of:
all the rost of mankind have been Of opinion
with the Senate, that unconstitutional and Al
legal conduct "a . chief magistrate, though AZ
may not be criminal, u yet not = Just subject
Tor praise and gratitude.
The President himself holds the Senate
criminal, not only on account Of what IL has
done, but what II has not done lie not ONLY
refers TO the resolution which the senate did
adopt, but to one which vas proposed. but not
adopted. Hear him" Still further 10 ex-
emPlhy this feature Of tho proceeding, Il IL
important 10 be remarked that the resolution.
n originally offered TO the Senate, specified.
with adequate precision, certain acts of The
PRESIDENT, which u denounced az = violation
Of Tho constitution aud laws, and that IL Vas
not until The very Close Of the debate. and
when, perhaps, Il Vas spprehen that =
majority might not sustain the speeIh accu-
salon contained "a Il, that the resolution wax
80 modihsd as to assume IT. present form. A
more striking illustration Of the SoundneAs and
necessity Of the rules which forbid vague and
indefinite generalIties, and require q reasona-
Die certainty m all Judicial aileg AtiOns, and .
more slarins instance of the violation Of
those rules has seldom been exhibited"
SIR, ] shalt be understood by every man
nho has bestowed the least attention 90 the
principles Of our Government, when I saw
that tho President, officially, has no right IL
know and take notice OF any thing said or
proposed IN either House u Congrexs-oT any
thing but heir acts. Aod u be we're a Tsa-
sonable man, much more, II be be Chris
tan, tss be professes 10 be, and : shall not
question that be 49, reason and religion
should have taught hun 80 much charity a.
60 hold Us only accountable for Nhat 40
have done. and to forgive " for that which
vie have avoided 10 do
There y no end u tho enormous preten-
SONS which the Pres'dent sets up zoe the ES-
ecutisc power, IN the wonderful paper under
consider at'on. While be denies the Tight oC
the senate, m its legislative capacity, TO ca
press any opinion except q fsvorabls one
concerning the legality and eonstitutionalty
"a the aets of the Executive, OF 10 exercise
~ oNn judgment A. 90 The extent of ~ legs
iative power, and the nature q iis own act.
~ claims ADD exercises the right 20 Judge Of
TIE eousiiiutionsiity of our acts. 10 determns
TIE character Of them. 10 aseertain shsn W
are acting IN our Judicial and when 10 our is-
gislaiise capacity, sDd 20 prescribe 10 a. lhs
pris0n-bounds within which q 10 allowed ~ 10
move. bot from which re must not depart --
such - the freedom u deiberstion snd &C.
ton which u seems good TO hes wisdom 3,
coneedo g. us lie speaks 10 ~ IN TIE imne
rial style at The Cssaf. 10 the dsEra5ed ~
bate u Rome. While yet the sneisbt form.
% ihe republic were dsesnuJ preserved, Al.