The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1837-03-24

il J. attempted % BE- ded0ced by anolher
lar.frlet@d implicslion. Because The Sc
nate i tie b.,dy which i v Nv impeseh.
menis. ihefslare d 70 inferred de senate
can express no opinion on any mater
which NAV form the subject az impeach-
ment. The conslilnlloI does MOI say
so That i uadeniable; bui ssnalors
think 81. T.
The Senate .els in three characters. .
Legislative. ExecuuYe, and Judirial: and
their importance Is 10 The order enumersl-
ed. By far the most important cf The
three j. Us legislative. 10 Thar. almost
every day that u has been in session from
1889 10 the present lime. some leglslas
tive business has been transacted: whist
in is Judicial character. u has MOI ssf
mnre Than three or four times in lhai
whole period. -.
Why should lhr Judicial function limb
and restrain The legislative function oflhe
Senate. more Than the legislative should
the Judicial! II the degree ofimPorianes
Of Tie two should decide which ought 70
impose the restraint. IN case % cDhiilrs
belweeR them. none can doubt winch 10
should be.
But Il the argument h sound. how is 10
possible for The Senate 10 perform us
legislative duties! An ACT in violation Of
IN Constitution or laws is committed by
b. President or . snhardinsle executive
officer. and Il b.romes necessary 10
correct u BY Ihr passage Of a Law, The
very act Of the President IN question was
under a Law 10 Which The Senate had
given lis concurrence. According 10 The
argument, the cnrernng Law cannot
originate in The ), nate. because il would
have to pass in Judgment upon that ACT.
Nay. more, ID cannot originate in The
House and be sent 10 the Senate. tor me
same reason Of incompeIency in the Sc
nnIe TO pass upon it, Suppose the bill
contained preamble reeiling ihr un>
constitutional or illegal act. 10 which The
legislative Corrective is applied, sccnfd-
ing TO the argument, the Senate must
not think Of passing Il. Pushed Ia It's
legitimate consequence. The arguaent
requires the House Of RepresenIaun 60
itself cautiously 10 abstain irom the ex>
preston of any opinion upon an Execu.
tive act, except when II is acting az The
grand inques, Of the nation, and consider.
ing articles Of impeachment.
! Assuming that the argument is well
founded, The Senate is equally restrain
ed from expressing any opinion which
would imply the innocence or the guilt
Of al, Improbable officer. unless il be
maintained that IL is lawful 10 express
praise and appreciation, but not ceEsuFe
or difference of opinion. Instances have
occurred ia our past history. tlhc case. Of
/ the British minister, Jackson. sas mem.
orsble QUE aud many others NAV arse
IN our future progress, when, in ref rencs
10 foreign Powers, il NAV be important
for Congress to approve what has been
done by the Executive. tn present 6rm
and united front. and 10 pledge The c"un.
Try 10 stand BY aud support him. May
il not do that II the Senate dare moi en-
terrain and express any opinion upon an
! Executive measure, how do those who
) support this expunging resolution testify
; the scquitlsl OF the President wb,ch it
; proclaims!
| No Senator believed in 1884 that. she,
ther the Presiden. merited impeachment
or not, he ever would be impesched, 10
| point Of fact he has not been, and we
have every reason 10 suppose that he
never will be impeached. Was the ina.
iority Of the Senate, 10 . case where it
believed the Constitution and laws 70 have
been INFLATED. and the liberties Of the
|. people TO be endangered, to remain silent,
and To refrain from proclaiming the truth,
/. because. against all human probability,
| the President might be impeached by
majority Of his political friends in the
House Of Representatives! aG
If an impeachment had been actually
voted by the House Of Representatives,
there is nothing in the Constitution which
enjoips silence On the part Of the Senate.
In such case. il would have been o
matter of proprie,y for The consideration
of each Senator 70 avoid The expression
Of any opinion on matter upon which.
as sworn judge, be would be called 10
| act. *" .#
Hitherto I have considered the quess
lion on the suppos,iIon ,ha. the resolu-
ton of March, 1884. implied such guilt
10 The President that he would have been
liable TO convection on trial b, ,mpesch>
meni beiore the Senate Of the U, States.
Blu, the resolution. in fact. Imported no
such guilt Il simply affirmed tina, 10
had L" assumed upon himself authority
aud power not conferred by The Consti-
tu,lnn aud laws, but in deroga,ion Of
both" II imputed 10 criminal motives
II did not profess 10 penetrate into
the heart of the President. Accord
ing TO the phraseology Of the reso.uuon,
L ...s..k. -. -