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

inlportuut Ill itSCii, tildt VIC icci DOunu' 10
disseminate as much of the information as
possible in regard to the merits of
the subject. To that end we copy to-
day, some portion of the speech Of Mr..
Dana of Maine, emitting those which do
not bear distinctly on the question. II is
convenient abstract Of the arguments that
may be offered on one branch Of the subject
the legality and Justice of the original
resolution. 1t does not undertake to defend
the act censured by the Senate, but only
examines the propricty of that censure. 1t
is plain, cogent and brief statement, and
we expect every lover Of truth, who would
know the true merits of this question to pc.
ruse it carefully. AS to the act of the
President which the Senate assumed to con.
denim, the people of the United States have
judged of that and given their APPROVAL
N. Y. Times.
SPEECH OF Mr.. DANA,
OF MAINE.
In Senate, Jan IL and Is, ls37-on the
Expunging Resolution.
This Resolution, Gin these words, Resell
we'd, That the President, in the late pro-
ceeding in relation to the revenue, has as
sumed to himself authority and power not
conferred by the constitution and laws, but
in derrogation of both,") holds up the
President to the people as an usurper; as a
vlolator of that constitution which he has
sworn to support.
My first inquiry, Mr.. President, is, how
was this resolution passed In what
capacity did this honorable Senate act when
they passed it? This body has legsla-
tive and Executive character, and, in one
instance, and in one alone, judicial char
acter, VIZ. the trying of impeachments.
Although the Senate has Legislative char
acter, yet 1t is presumed this body would not
act in that capacity only on subjects of le-
glslatlon. And this surely could not be
such; there is no matter on which legsla.
tive action Could be had. If the President
was guilty Of violation of the constitution
and laws, If he had committed high crimes
and msdemeanors, no Legislation would
reach HIM; he must be tried by the consti-
tution and laws, as they eristed at the time
OF MS supposed offence. To me it is clear
that this honorable body had no Legislative
jurisdiction on this subject. Did they then
act In their executive capacity no sir; for
ther records show no such proceedings in
| the executive business. He must have
oeen tried, then, by this honorable Senate
IN their judicial capacity; and this body
has The sole power to try all indictments gil
ven it by the constitution, and when sitting
i lO That purpose in their judicial character.
no rules of procedure, as adopted Decem-
Der 81, 1904, in this honorable Senate, TO
DE observed in cases of impeachment, re-
| quire-'that at ~ o'clock of the day APP
pointed for the trial of the impeachment,
the legislative and executive business shall
be suspended, and the Secretary shall then
administer the following oath to the Presi-
dent of the Senate :-"You solemny swear
Tor affirm that in all things appertaining
to the trial ofthe impeachment of -
you will do impartial Justice according to
the Constitution and laws of the United
States and the President shall administer
the said oaths to each Senator present"
This clearly shows, Mr.. President, the
views which this honorable body had here
tofore entertained of their own powers, and
at the same time too, when they were cool
and dispassionate, and about to exercise
their high judicial functions. Here sir you
find an important fact, that the Senate ne.
yer did exercise their Legislative and judi
clal functions at the same time: they are
| distinct IN their natures, and have ever
been so considered by this honorable body,
and hoVn L.,x Al.
honorable body, and SO exercised by them,
until the 2sth of March, 1884, when for
some purpose, of which | will not now
speak, for the first time, (and God grant it
may be for the last,) the Legislative and ju.
dicial functions of this body, contrary to
their own rules of procedure, and in viola
ton of the constitution, were exercised at
one and the same time, and judicial sen.
tence is clothed in legislative language.
1.-THE object was, sir, to bring bold offen-
der to justice, why not pursue the legal and
constitutional course? Why violate both
But if the object was to exhibit the Presi.
dent as daring usurper, and unworthy of
the confidence of the people, this scheme,
this project, would seem to have been the
most probable to accomplish it. But it has
failed, totally failed.
Again, sir, another rule of this body, a.
dopted at the same time as the former, re-
quires that summons shall be issued to
the person,accused which summons shall be
signed by their Secretary, sealed with their
seal, and served by the sergeant.a alarms.
This rule also shows clearly that this homo.
rable body never contemplated the exer-
else of their Legislative and judicial func-
tons at the same time. Then, sir, if this
position is correct the sentence of condem.
nation contained in this resolution was a jp.
dicial act, and could only have been done
by Judicial tribunal.
Again, sir, it is the right of the accused
to have the offence with which he is charg-
ed, clearly and substantially set forth, and
to be duly notified of the time and place of
trial; to have an opportunity TO appear be.
fore this august tribunal, hear the allega-
tons and proofs against him, and confront
his accusers face to face, and then to make
his defence.-Now, Mr.. President, let me
ask when the Chief Magistrate of this ma
ton was condemned, in the resolution pro-
posed to be expnnged, did this honorable
body suspend Legislative and executive bu-
siness did they organize themselves as
judicial tribunall Did the President of
the Senate take the above oath prescribed
by the rules of this honorable bodyl Did
he administer the oath to every Senator
present. Was the accused furnished with