Martinsburg gazette. [volume] (Martinsburg, Va. [W. Va.]) 1833-1855, 1836-04-28
MR. 1EICH's spEECH-FuararR EXTRACTS.

1t said that the resolution of March
1884, cannot be regarded as procee-
ding in our legislative capacity; and
in proof ofthis, it has been observed
that no legislative measure was found.
cd upon it, and that none was intended.
This appears to my mind the most gra.
tuitous assumption that ever was made.
1t was the opinion ofthe mover in those
proceedings, that the public deposites
at least of the revenue which should
afterwards accrue, ought to be restor
cd to the Bank Of the United States
and it was proper to ascertain the sense
of the Senate OH the question, whether
(for the reasons assigned by the Exc.
cutive) they had been constitutionally
and legally withdrawn or not for, il
the Senate had held the affirmative on
that point, it would have been vain d
idle to prepare and bring in bill for
the purpose. The course pursued IS
usual in all legislative bodies. AS 1t
was, have not the least doubt that
the known state ofopinion in the House
of Representatives upon the subject "a
lone, prevented the Senate from pas
sing a bill for the restoration of the de-
posites. The Senate did take meas.
ures, some time after, to ascertain the
sense ofthe House on the 4th ofJune
1884, it passed joint resolution. di.
recting the deposile Of the pgtoilc mo.
neys to be made with lie Bank of the
United States and its branches. The
House never acted upon it.
But let US examine more closely the
reason and foundation ofthis opinion,
that the Senate cannot in its legislative
capacity, discuss and determine upon
the constltutionalty or legality Of any
net of the President: and let us see,
too the extent Of the principle. 1t is
supposed that the judicial power vested
in the Senate, as the court for the trial
ofimpeachments, operates as limta.
ton upon the action ofthe Senate in its
legislative capacity; that the Senate
cannot in its legislative capacity, ex-
press any opinion impugnng the con-
stitutionaity or legality ofany official
act Of the President, because it may
be called upon to decide the same
question judicially upon an impeach-
ment against him for the same act
Now it is obvious, that if the Senate is
for this reason incompetent to pass any
resolution, impugning tho conduct Of
the President as unconstitutional, nei-
Their is it competent to pass resolution
approving his conduct as constitutional
and proper; for it can be no more
within the competency olthe Senate to
PREJUDICE the cause of the President
and acquit him, than to PREJUDICE and
condemn. Partially in judges towards
the accused is as vicious as prejudice
against him. Nay, more it is the
duty Of every Senator to avoid the
forming an expression Of an opinion on
the constitutonality of the Presidents
conduct; to close his mind against all
information on the subject; to hold
judgment in suspense. Nor is this all.
The Senate and House of Representa-
tives are made by the Constitution CO.
ordinate branches of the Legislature,
and their legislative powers are CO.
equal too, with the single exception,
that money bills can only be origina-
ted in the House and then a distinct
judicial function is assigned to each.
The House is the grand inquest of the
nation to accuse and impeach the Sc
nate is the court to try and determine.
As to all matters ofcriminal accusation
and impeachment, the action Of the
House is just as much judicial in its
nature as the action of the senate;
the only difference is, that their judi
cial functions are different. If the Sc
nate in its legislative capacity, is in.
competent to examine the constitution
atty of the Presidents conduct, and
express its opinion upon it, the House,
also, in its legislative capacity, is in
competent to 90 so.
If, therefore, the President shall, H.
pom any occasion, adopt any measure
questionable on constitutional grounds,
no matter how mischievous the meas.
ure may be in its operation-no matter
how urgent the necessity for prompt
and decisive legistiye action, to correct
the procedure and arrest the progress
Of tho evil-neither branch Of the Le-
gislature can examine, or even inquire
into the subject in its legislative char
acter, much more pass an act to rem
edy the mischief. The House of Rep
resentatiyes must first resolve itselfin.
10 a grand inquest; examine the Pres.
ident's conduct in that character; i'm.
peach him, if find just cause for i'm.
parchment, prosecute him before the
Senate, and prosecute him to conyic-
ton bv the judgement of two.thirds of