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

had
LA ~ ~ was pound IN its defence to say So as it
uu IN 's resolution. Now sir the gentleman viii ad
''cli' t"tt ne cannot sustainthis uFvuos,n with.
",ss o'ns tna the d"poses removed con-
'y 10 Law" ana That by their removal he President as
sunrd The control of the public REVENGE ri. hc has
"' "ohe on lie contrary, viii hereafter undertake.
W prove, mat the remoya! ollc Gcposrs was epbor;zcd
y Jaw; That the President Ired 10 resnoneb;l- IN
relation TO 1t, which authorized ,Y tn.
and that by the removal! l.. di not assume Tho c,
OF the public revenue, bl. lis custody alone which L 10
authorized 10 do both ny law and the Constitution
i'ut, SIT, suppose that the gentiean had p,yrd il vct
ne cannot sustain his proposition. He does nc. CLAIM,
tlt right to The Senate to place the cnndennacry re.o
:at'h on their journal rom expressed povr- but
fF"n power abgofatciy necessary to carry into effect
expressed powers Now is this 500 Was It absolutely
necessary Tor the Senate to place upon their iou.n, this
resolution, to eHab" TO lay ad collect taxes &c and
~ codtrol the public revenue; This ,owcr j. consrred
az Congress; aud has the Senate tl, right To interfere
~ '"s matter at all, except in conjunction with the
lSs OF Representatives.. Icy joint resolution or by
s',e '.'Itf JON. action In such Case both Houses
"'ud nc" lar* the right: by Joint resolution TO con-
H'i' ''G l'cS"e"t They could only in this manner
assert what t:ty considered their own Constitutional
iish'S; ana I" tley believed that the President had
usurrd them, would be tic duty of the fins. If Re-
representatives. TO prefer Impeachment AGAINST him and
"f The Senate with the Chief Justice at their kr; to
t:H ana c"nirlnn him-Eu sir 40 incidental or i'm
pied powers be exercised in opposor TO the Main
letter and spirit OF other provisions OF the Constitution
and therefore che Senate had tight 10 place this reso
ltion on their ,urnai for DESTROYS the indcpcndcpce
VI I'HccuIHc, ana That hcr;Dpny which shDuld
between That department and :ic Senate and which s
IaIeed csscEa 20 Scccssli administration of tho Gov
eminent lhe Executive is created by the Constitution 70
i pendent as either OF the orr branches fine Govern
h'ht here are three sep distinct md ndc pendent
branches Inc Legislative, EyrcItive, and judicial Upon
each OF these branches ali the powers relative are con-
frrrrd ny The Constitution. and III some concpr
rent powers ar: conferred two Of them For example,
Concurrent legislative power is certain extent con.
irrcd on @ Executive by rc;irinr all Gets 10 recovc
us SANCTION before they b, come law unless thcv
receive The votes 81 wothirds -" each House after they
nave been vetoed by him. ard concurrent Executive
powers are conferred on the S.natc in many cases-in
fhtfyS treaties and the appointment of all officers cx-
cpt Such rs may be Conferred by law the President
alone hence; t indispensable Necessity o. great harno.
ny "t"c"E s!c Executive and The Senate the PROSPER
Gus administration Of the Government Can this be the
ease, when one Of these brauc.j uade tlkcs 10 arrapn
Try, and condemn the other Of violating the Constitution
ana the laws Can this be done without sstrnying all that
mutual CONFIDENCE and harmony, which it IS import
ant should exist between them: And, sl-, Dies it not
completely destroy the Independence OF the Executive
Is not the right udge Of lis powers essential TO
the indcgendcncc the Executive; and where is its in
dependence, tie Senate has the right determine its
ra"rrs, and pass Judgment upon its acts Hy clause
Ut lv Constitution tho House ui REPRESENTATIVES. sal
ve tie sole Impeachment and tic exercise of
tie pJHcr by !hs Senate o adopting this resolution is
ihc ~asanl violation Of the letter and spirit of this
H., '.'h I" t:e Consultation Al! will admit that
ms RESOLUTION contans mpcachaue matter: tina, wnI
'9iln Of the Constitution and laws by the President
a. IN mpeachabie office. But gentlemen saw Thai il 10
cargsfIed That was done wi!Euy, and therefore, the
know that BY 'moeaciaLe otf;nce. DO not gen1cino-
les. i he 5sns pISIf Sv is hsa legal rqcp
Senate most unjustly and supcrcious Ills case, the
tie defence Of the President, permit to to hear
the journal wLiaL contained their condemnation OF Lon
that pos;erty might be enabled TO judge whether he
lad been guilty OF the charge against him. and if he had
coi!Itrd the aci at all, whether it had been done will
iiy not Sir, this resolution Of the Senate does
Tain in substance im3eachah!s charge, and all that it
wants, the legal form, make il to ali !Gtents and pur
| nv hmm rE,l.n ih. v0ft l,s ruiia
the different forms 1t assumed in the Srnatc, and
| the violent vndictIvr speeches which made i'll
favor Of 1.-THE dcnunca:ions Of the President,
UsIrpcr and Iyrant, and the desperate attempt to
| assim!ate his conduct TO the most odioas uSurpcs
and dcSpols CT ancient and modern times, prove,
that the Object Of the authors Of this resolution
! to produce by il, all the moral and political
qnences upon the Prrsitcn which regular impeach
ent could produce and thus effect indirectly what they
dare not attempt To do directly. Was it not then
cr"achmcnt upon tic constitutional rights Of the House
"i Representatives, upon whom the s"le power OF i'm
prac.!I:nt Is expressly conferred by the Constitution:
| Docs any believe, that THIS resolution would have
been adopted by the Senate ii hc House Of Represen
rircs had preferred al Impeachment against the tresl-
dent: Can any doubt but that this IgE-aundcd ar
raignment Of the PRESIDENT The Violent hi!lingsgac which
poured forth from The Senate Chamber against him for
hundred days until the whole country became inundated
with their panic speeches and reports, and the remen-
dous clors made by their Bank ally at the same time
to destroy the currency Of the country and produce
universal panic throughout nc land ali intended To
bring the popular excitement 10 bear upon the House of
Representatives with much force that that body would
BE- compelled to prefer an impeachment against the Pre-
s.dvuL:
Was it not then most impairment and ring inter-
ference with the constitutional rights of the House of
Representatives, and attempt TO dictate TO, overawe
aud control the Representatives Of the People, Sand cal
culAed to st5verl the rights of the House OF Representa-
lives and the fundamental principles of our free nsu-
TONS But, sir. there is another provision OF the Con-
sllulion, which has been violated both in IT, letter and
spirit. by this extraordinary proceeding 81 the Senate
BY the Constitution, 1.-The Senate shall have the sole
power to try all ;mpcachmcnts. When sitting for that
purpose they shall be on oath o: affirmation: When the
President ote United States is tried the Chief Justice
stall preside: and person shall be convicted without
the concurrence Of two-hirds Of the members present.
Sir, ask every candid man, whether the letter and
shirt of this clause Of the Constitution has moi been most
ilngrany violated 10y this most astonishing proceeding
Of The SENATE: Yes, sir if this Impeachment had been
preferred by the House Of Rcprcse Natives the proceed
ing of The Senate would have been fragrant violation
Of this clause Of the Constitution, because no oath or af
irratinn taken 10y them. No CEict Justice presid.
cd them, and they adopted their resolution, and
thereby convicted and recorded their condemnation Of
c President wi.Iout the concurrence Of twohrds Of
the members present. How much more fragrant vo-
a,irn of the Constitution must it then be, when the
w!,lr proceeding originated by the Senate without
the Of The House of Representa-
y's But sir it is the most 7aipable violation Of the
spirit Of this clause of the Constitution in its conse-
qurnccs upon the President The object Of the Con-
sl!luon is 10 erect The Senate into a Court of i'm
partial Judges for the trial of the President; and
that body, by this act, have so!smny prejudged his
case, and entered their indignant upon their Journal
VIII! the ayes and noes recorded, shelving how each
individual has voted-.and thereby they nave rem
drred themselves uff, to Try him formal mPeach-
nrn io ir same offence charged in t!:is resolution
Suppose, sir, this charge had been trac or at te Peo
pie had believed it to be true, that the fIesdent hao
been guilty of all the high Crimes So PloiTsey heaP
ed IMAM linn nv IL. au:hos of this resolution, and
his U worthy conaoss the ns that he had been
gully ss and , oS ;npe5 h%si s con sSss
finn and The liberties of the people, and was greater