Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1836-03-03

INIT himself that he cannot sustain this nronas;,; -
out irst proving, that the dcposes were removed Co..
tury to law and that by their removal The Pressn, a.
suh'ed the control Of the public revenue This he has
mol done On the contrary, will hereafter undertake
prove mat the removal oi the depostes was
~ laws that the President assumed no responsibv in
neiaton TO IT. which is not authorized by the CONSTITUTIONS
ana That by Tie removal he did assume the control
OF tue pnolic revenue, bat its custody alone which no 10
authorized TO do both by law and the Constitution
he anno' uppost una, the gentleman had proved it, yet
ia eanno sustain MS proposition. He does not claim
.e right to the Senate place the condemnair,, go
rao Oh ."e'r Journal from an expressed power but
rom power absolutely necessary 10 carry into effect
expressed powers. Now is this so Was IL nhsoniei,
necessary ior the Senate to place upon their iourn, 1
esouuon to enable 1t to lay and collect taxes &c and
To control the public revennes This mower IL aa
on congress; and has the Senate the right TO nterfr
IA TINS matter at ALL except in soniune;on Viii ,t
House OF Representatives. by Joint resolution Or he
some OTHER joint action In such case both Houses
denim the p navf Tue rgnt by joint resolution,
assert what they considered their own ConstttionaJ
,snasi ana II they believed that the President had
usurped thc 1t would be the duty of the House NJ Re-
representatives. to prefer Impeachment against hin, md
Tor the Senate, with the Chief Justice at their head TO
ny atd conaemn hm.-But, sir, no incidental or Inn.
powers can be exercised in opposition the plain
leter ana spirit OF other provisions of the Consituiion
therefore Tue Senate had right TO place this reso-
on their journals for, 1t destroys the independence
oi the Executive, and that harmony which shond e,s,
ocSween mat department. and the Senate which is
eeu essential TO successful of the Cow
ernnent The Executive created by the Constitution 40
independent either the other branches of the
nrnA ID re are three separate distinct and indie
branches: the Legislative Executive and Judicial IIo
each OF these branches all the powers relative CON
ferrcd by the Consu iion and in some ins, ncas -
rent powers are conferred on two Of them For example
concurrent Legislative power TO certain extent COR
eireu on The Executive, by requiring all TO receive
ms sanction before they become law unless tbev
receive the votes of each House ofir 49,
have been vetoed by him; and concurrent Execntixss
powers are conferred the mats ia MANY eases;r
'Iesues ana iie appointment OF all officers ex-
cept such may be conferred by law ON the Pres;den,
tue indispensable necessity of great harmo-
ny between the Executive and the Scnae to the prosper
Gus administration of the Governments Can this he liz
wien one oil these branches undertakes arragn
Try aud condenn The other of violating the Consn,on
and The laws Can this be without ali tha,
mutual eonhdence and harmony, which it is SO import
ant should exist between them' And sir does II NO,
completely destroy the independence Of the Eyecufve
Is not the right to Judge of own powers essential 10
the indie pc nde OF the Executives and vvI.ra
dependence IT tho Senate has the right To dele Ynne m
powers, and pass judgment upon its acts? By a clause
oil the CONSTITUTIONS the House of Representatives sshall
nave the sole power OF impeachment and the of
The power by the Senate of adopting this resolution ia
The most hagfant violation of the letter and spirit this
provision OF the Constitution All will admit that
nus resolution contains inpeachabe natter that wnl
violation OF the Constitution and laws by the Prescnt
an i'peachaoe once. But gentlemen say, that is
not charged that 1t was done wlfuly and therefore tbe
charge Is not an impeachabe offence Do not gentIemen
know that by weli-esabshed legal principle the fact
eharSeo being proved, the scienter will be inferred IN.
less It be dsproved by the accused and in this the
senate most unJasty and supecilously refused TO hear
the defence of the President or permit il To he sore,d on
the Journal which contained their condemnation of him
SO that postcrIty might be enabled 10 ldge vIear he
had been guilty of the charge AGAINST him and IS ~ III
committed The act at ALL whether il had been done will
tally or not Sir this resolution of the Senate does con-
ain IN substance an mpeachable charnn all that it
wants. 10 regal form, 20 make it to all ntents and mr.
poses an impeachment. The history of this reson,ion
the different forms it assumed in the Sen,ta an3
Iie violent vlndctive speeches which were made in
favor OF 1.-THE dcnunciations of the President a
Usurper and 1yrant and the desnera, at, % u
assinatc his conduct % The most odiops ,1srro'
and despots of ancient and modern ,;, uiPeIs
hat iiie object of the authors of this resolution a
10 produce by IT, n the moral and political conse
,, TPo tle rresden' which regular mpeach-
e coud produce and thus effect indirectly what they
dare not attempt To do directly Was il NOT then nm 2
croachment upon the constitutional rights of the Honse
VI representatives, upon whom the sole power Of inn
reaeh'neht Is expressly conferred by the Constitution
Does any one believe, that this resolution wouId have
adopted by the senate if the House of Represen
atives had preferred impeachment against the Pres
debtf Canany one doubt but that this -handed ar
ag"mcnt Of the President the violent billinasqate which
from The Senate Chamber against him for one
hundred days. until the whole country became Inundated
with their panic speeches and reports and the tremen
dous efforts made by their Bank ally at The same ,
10 destroy ihe currency of the country and produce
universal panic throughout the land was all inte r.
1hs me popular excitement TO bear upon the House of
representatives. with much force that that BODY would
sdent! ss WV re-
Was 1t not them aaest impertinent and daripg inter
terence with ibe constitutional rights of the House If
Representatives and an attempt 10 dictate TO- ovcrowc
aud control the Representatives of the Pcope ssand chi
eoialed to snbyert the rights of the House
yves, and The fundamental principles of our free institu
Mons. bnt SIR there IS another provision of the Con
Stuton, which has been violated both its letter and
spirit, by this extraordinary proceeding of the Senate
By the Constitution "The Senate shall have the aoc
power TO try all mpeachmepts. When sitting for thai
purpose they shall be oath affirmation hen tho
President ofthe United States is tried the Chief Justice
shall preside: and no person shall be con ycied itbn
the concurrence Of twothirds of the members present
Sir, ask every candid man. whether the letter md
spirit Of this clause Of the Constitution has not bee u,ost
hagranty violated by this astonishing proceeding
o the Senate Yes, sir, If this Impeachment had been
preferred by the House Of Representatives the proceed
ing ct the Senate would have been fragrant violation
hrniaton taken by them. No Chief Justice nrcs;d
ed over them, and they adopted their resolution ca
thereby convicted and recorded their condem nat;d, r
She Presdeut "whou the concurrence of two,b,da ~
} ehe members present" How much fragrant vio.
iatIon Of the Constitution must it then be- when tho
whole proceeding gnated by the Senate without
the consent Of the House of Representa-
lives? Bot, sir, il the most palpube violation of lie
spirit of this clause Of the Constitution in it's ccnse
quences upon the President The object Of the Con.
siitutioa is 80 erect the Senate into Cont of i'm
partial Judges for the trial Of the President: and
that body, by this act, have socmnly preiudged his
case, and entered their judgment upon their Journal
with the ayes and noes recorded, showing how each
individual has vOed---.and thereby they have rem.
dered themselves unfit TO Try him a FORMAL impeuch-
ment iof the offence charged in this resolution
Suppose SIR this charge had been true that the peo.
pie had believed 10 be true, that the President had
been guilty Of all the high crimes profusey heap
| ed upon BIN by the au,hor Of this resolution and
bis worthy Coadntors in the Senate; that he had been
guilty of usnrPiug, and uniting in himself the sword
and the purse; that he had ifamped the Consii,u-
ton and the liberties Of the people and was a oreacr
/ tyrant and usurpcr than Caigula 1iberus Cromwell
oF Bonapaue Would not the people at their last cleo,
tions OF they not bastard slaves, and deserve any
longer 10 be cc have returned with in.
sfuctiOns 10 prefer impeachment against the Prcsi.