Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1835-10-23

ID The said Resolution was, in its adoption. virtual
assumption Of the lmpeaching power OF the House OF
assuming TO prefer Charge againsla
public functionary for an npeacabr ollencr,of which
il could consntioaaY, only take cognzancc in virtue
of the authority and al the Instance oil The House oil lie.
preseulatves; and violated the rights oil the President,
in daring condemn him without hearing aud all the
principles of its organization, IN passing sentence
allegations, involving high crime aud nsde"ran"r'
in its legislative capacity, of which il could have cog
nizancc but as Il Judicial forum-lnd Tor which appru
pirate Judicial character it disqualified itself by pre-
judging the charge, in judicial, disguised legisa.
tive proceeding
;Srt The said Resolution violated the spirit OF the
Constitutions in being prcdicatrd upon denial of the
rights of The chief Executive Magistrate to remove from
Office subordinate Executive agents. for whose conduct
he is responsible. This assumption. it Sustained, would
override the Interpretation given by the Fathers Of
the Constitution, in sucmn act Of the first Con-
grcss, which Interpretation has been sanctioned by
uninterrupted usage, from the establishment of the
Government to the present lime. Although this
principle. subvcrng the established construction of
The Constitution, is left to implication, from
the resolution and lis history it stands recorded in
the Jnurnul, yet il has assumed position and more de-
finite form collateral Resolution, still depending be-
fore the Senate which was subsequently offered by MI
CLAY. proposing lis object the denial 10 the President
Of lis Constitutional right OF removal and appointment
OF public officers; and the uSurpaton tor the Senate oil
Il l participation i'll the Executive power Of removal
and appointment: thus transferring from the head Of The
Executive departGui responsible every four years, in
.ratry to the people, through the bal!ot box, every
hour, mediacly lnpcachnen through their itepresc
tatiycs, for faithful execution Ut The laws, IL body
perpetual b; lis constitutional organization, irresponsible
by impeacincnt aud accountable or The execution
OF. the Laws, the absolute control over the power OF ap
pointing and Diminishing the agents, upon whcm the exc
cu,ion OF the laws depends.
4Lh The efforts made to pcrpctuatc the said Rrsolu
tim the Journal precedent, has involved repeat
ed violations Of the vital principle CT representative
govrrnnrthc ii instruction. The Senators from
iIane, New HAMPSHIRE Ncw Jersey. Ohio North Caro-
lima, Alabama and Mississippi vino voted for the said Re
solution its passage, and have since maintained Il To
BE- a rirl and constitutional act Of the Senate, III de-
iuce o the known will OF the people. and the positive
instructions of such OF the General Assemblies OF their
respective States. have passed upon Tie SUBJECT rac-
ticaily asserted the antirrpubcun doctrine, that t
will of the representative is paramount to the will q" Tie
constituent body and that the purposes Of the servant,
when acting in his public capacity, to be accomplish
cd, instead Of those VI the principal.
9th. From the character Of the said resolution, from
the fact that it designed to destroy the reputation
aud influence OF the Chief Magistrate, Identified by las
principles and measures us the head OF tic Rcpubiclii
party the United States; from the well known designs
aud political principles Of the prominent actors i'll the
attempt alaint tic PRESIDENT from Tic intense Interest
shown by them in its discussion for hundred days;
from the anxious zeal with which las been since de-
Tended bv its rina friends and those who have u!.rd
their Standard is clear, that il only intended
to bear upon the present incumbent OF the Chet Aags-
tracy and his Administrations but upon the election oil
his successor and the future administration Of the Co.
rcrnmcnt.
The triumph then Of those " no support this resolution
will be the triumph Of all the dangerous princp pies
uccrd viii. it, and if that lrl,:p pin shall be accomplished,
las is the dcs IN of the authors OF this obnoxious
Surr BY taking the election Ut President from The people
IL the House OF Representatives, every feature Of true
representative dcnICcra"y will be cXpungvd from the
operations Of the Government. which vii! then be-
yrr.rd into system of Arisocracy like that OF Gland,
combining the machinery of Il National Bank
we'd WI Srua
contributing 10 crush popular rights, under the RI ht OF
Corporations privileged classes and official power spuT
Ing responsibility.
From tie view ohe whole subject as herein presented
the inquiry lIrssbly arises what action of the Senate
o.! the United States proper and constitutional,
and best calculated vudica!c the great Republican,
principles which have been invaded and violated by the
adoption ui sad Resolution, and prevent 10
il. pccrdrn; i'll future times, and also redeem TIE
prsrnl Chief Magistrate from that stigma, designed by
the authors of said Resolution to he xcd to his name
70 .,hc:i or rcScind said Resolution would hc wholly
inadequate Ia the oh ccts contemplated The term,
''TtptGI is appropriately used in reference to suc!
acts ct Legislative body as have assumed the form
Of statutes laws-;hc term " rrScind, is more
appropriately used when prior Resolutions OF lria
lal.9r body TO be operated upon-whcn either
repealed rrsciEdcd. they cease have any effect
Operation in future but this by proves that
lcy arc unconstitutional or pcdcnt, when passed
adopted lie repeal or recession Of an act o! Ft,u
b.: Hal lr unconstitutional, or that al the !c
o lis iassugr ped!en So far from it. many
acts cxpedeEt when passed, which afterwards by Il
c!:anue iii The condition Of tie country, combined with
Other CAUSES .nav krcDmc highly injurious and neXpr
dent The repeal Of such acts does not curry with
is.pp:obatipn oi their passage in the first nSances
far from IT, sound policy may dictate az one time the pas
sae Of particular acts and may, under different SKATE
Of Things, forbid tcii continuance: Therefore, ree1i
sctnd The resolution under consideration, would lie
express "inion upon lis merits at TIC ttMC u IT'S
adopionTo declare said resolutions r0id, and II no
lipIn ,lrf
feet from The moment Of It's ADOPTION II not de-
hgncd produce any legislative proceeding III the Sc
Of the United States nor could it produce any-A
vo: Of and condemnation Of The President,
which tie Senate had no constitutional right TO pass,
until the accusation preferred by the House OF Re-
representatives., tho "h rc intended and accomplished.
The question, ,icn, directly presents itself, how
thia sain, TIM blot. upon the records OF The highest
slut!nnal biy known 10 our government TO BE- acted
upon:
4 .ajory Of the Senate have tried the President CT
u States, without authority accusation having hccn
proposed against him by the House Of Representatives,:
who alone, under the Constitution, By their accusation,
can give the Senate power TO try the Chief Magistrate.
They have condemned him unlrard-nut only SO, but
fearful that p"strry might see and judge impartiaIy
between hi,n and his accu5ers they have refused per-
r his Cicncc vnGical!nn u his conduct BE- placed
upon their Journals; they have refused to order said vim
dcaom to br printed while at the time, petitions,
memorials, ana Inconsistencies got up under the nflu
encc Of the Bank OF the U. STATES nlsreprcscnng the
conduct Of the President, and calunniag his motives,
printed and spread before the public by order Of the
Senate.
They have uSurped the 'npcaching power, and taken
it from the immediate representatives a" the people. with
whom it was clearly aud expressly vested by the Coas
tuition.
These rnwarrantabc proceedings Of the Senate de-
nand signal expression Of public Misrepresentation 10
cIinags from the Journals of that body, the obnoxious
resolution. is the "nly riguI; adequate and consu
tonal remedy. which can be adopted.
The idea: that the Senate does not possess the power
{" expunec said resolution is wholly lallacios lrrcc-
dents in tic Parliamentary history of England, vel"
as il our own country, be abundantIy slcwn. In
the celebrated case Of Jo!n Wilkes: the House of Com