Constantine republican. [volume] (Constantine, Mich.) 1836-1838, 1837-02-15


Constitution answer. The Senate shall have
the sole power to try all impeachments, and
that instrument conveys to this body no au-
thority to try except in cases of impeach-
ment. Here is the extent OF our power,
and here is our authority limited. Yes, sir,
we can try impeachments, and impeach-
ments only but, sir, can the Senate origi-
nate impeachments? No, sir, they cannot.
The Constitution has declared, in so many
words, that 'the House of Representatives
shall have the solppower of Impeachment"
Have they exercised that power? Have
they accused the President Of "assuming on
himself authority and power not conferred
by the Constitution and law, but in derroga-
ton of both p Have they impeached him
for so doing2 Where is the evidence of
it? Have they notified the Senate of such
impeachment? No, sir, they have not
done it. The impeaching power has ne.
yer acted in this case. They have not ac-
cused the President of any offence what
ever. Where then, sir, ask, is our juris-
dicton2 We have no power to try, until
the House, the accusing power, have i'm.
peached; none at all not the shadow of
any jurisdiction. Can it be, sir, that with.
out even the forms prescribed by this hon.
orable body, without an impeachment, with
out an accusation of any kind, we have as.
sumed jurisdiction, tried and condemned
the President of the United States for vi
olation of the Constitution and laws of his
country? And shall this resolution remain
on our journals or shall it be expunged
Can this be done ? Has this Senate right
to do it There is no rule of more gener-
al application than this. The power that
creates can destroy-the power which can
make, can unmake--the power which puts
up, can put down. land why should not this
rule apply as well to records as to all other
cases unless, sir, it be record of vested
rights, about which we have recently been
SO highly entertained; and / cannot per-
ceive that there are any vested rights
in this resolution. think the accused
| will claim none in this case.
apprehend, sir, that every legislative,
executive, and judicial body, have a right
to alter, strike out, insert, erase. correct,
and amend their records. II is an inherent,
coordinate power, without which such bod
les could not exist, and transact their bust.
ness-ls there time limited, within which
such alterations and amendments should be
madel ESQ, what is the time A day ?
month ? year, In the history of rec.
ords, no such limit is fixed. | trust, then,
sir, such alteration may be made at the
time deemed most proper by the body to
which they belong. If then, sir, such
bodies have their records under their own
control, why may they not erase, blot or
expunge, at pleasure? Is there any par
ticular form or manner in which this shall
be done? None. Then, sir, if there is
no particular time limited for doing this,
nor any manner prescribed in which it
must be done, the time when, and the man.
ner of doing it, are at the pleasure of the
body to whom these records belong. If
then, sir, we have the power to expunge
this resolution, is it expedient so to do?
January 15.-Mr. President, In the re-.
marks which had the honor to submit yes
terday, on this subject, | endeavored to
show that the resolution now proposed to
be expunged, was unconstitutional and in
formal, and that the honorable Senate had
right to amend, alter, correct, or expunge
it at such time and such manner, as they
should think proper. II, Mr.. President, /
have succeeded in this; one question alone
remains to be discussed, viz: is it expedi.
ent to expunge the resolutionl In reply to
the honorable gentleman from Kentucky,
(Mr. Crittenden,) ! would say, would not
expunge it merely because the Senate have
the power so to do, nor from party motives,
nor for the triumphs of party. but from a
solemn sense of duty | owe to the country,
to the President, and to the honorable Sen.
ate of the United States. Iwould expunge
it, sir, because the resolution bears on its
face a contradiction, judicial sentence
found on legislative journal and no evil
dence that it came from any judicial tribu-
nal. 1t is SUI generis case--it is bur.
lesque on Judicial trials, it has no parallel ::
the like is not to be found in the annals of
our country.
Again, sir, would expunge this resolu.
ton, lest it should be considered as a pre-.
cedent. If, sir, it is permitted to remain,
at some future period of great excitement,
when passion and prejudice shall triumph
over reason, and the Constitution shall be
made to subserve the purpose of disappoin.
ted ambition when President less pow
erful than General Jackson, shall be in
the way of Presidential aspirants, we may
see the same scene of March 1884, acted
over again !; and the power of the Chief
Magistrate broken, and that branch of the
Government Frustrated at the feet of this.
Another reason, sir, why would expunge
this resolution is, because it violates vital
principle in our constitution, and destroys
one of the dearest and most important rights
we possess, viz: full, fair, and impartial
trial and because, sir, the Chief Magis-
trate of this nation-one that has done
more for it than any man living-yes, the
very man "who has filled the measure of
his country's glory,"-has uniustly and un.
constitutionally been deprived of this prive-
lege, one to which the meanest citizen is en-.
titled, and has been condemned without
hearing.-And again, sir, would blot out
this resolution from our records, because the
American people have pronounced judge
ment against it; and not only they, but the
people Of both continents have done it.
Nor is this oil, sir. The resolution is de-
rogatory to the character and dignity Of our
Government, and violates the great princi.
Piles of our national compact. A duty we
owe ourselves, as coordinate branch of
our Government, requires that we should
not suffer this resolution to remain on our