Nashville patriot. [volume] (Nashville, Tenn.) 1858-1860, 1860-04-14
Tic pre.ldent,. Prote.t.

/ 10th inst, Mr. HICKMAN, chairman OF Inc
Committee on the yudicisry,s IN the Presi-
dents protest of March %, 1850, submitted
the following report:
The Committee the Judicssry, TO whom We Re-
ferred the special message of the Pres.dent o. sae
United State TIE House Of Represent2issss' es
leave to submit the following report 60.
On the 5th day Of March last ID a Sonn - p
sxlxania snkr,i,,ed and the House o. Repre- senta-
| tiyes adopted, tie following resoiuuohs-
| s.R>solred That committee OF I'VE mem-
| bers be appointed by the Speaker for the
purpose Of investigating whether the Presi-
/ dent ofthe United States. or any othtr officer
| of the Government. has, by money, patron
4 age, or other improper means, sought to IN
4 fiueBce the action of Congress, or any COM
| mittee thereof. for or against the passage oil
| any law appertaining 10 The rights OF any
State or Territory; also to inquire into ano
| Investigate whether any officer and officers OF
| the Government have. by combination or
/ otherwise prevented and defeated, or at
| tempted to prevent or defeat, The execution
/ OF any law or laws now upon the statute
/ books and whether the President has failed
| or refused TO compel the execution OF any
| law thereof; that said committee investi-
| gale and inquire into the abuses at the Chi
/ csgo and other post Offices, and at the Phlla-
| dclphia and other navy yards. and into any
/ abuses 10 connexion with The public buildings
A
| ..And resolved further, That, as the Presi-
| dent in his letter 10 the Pitisburg centenary
| celebration of the 18th November, 1858,
/ speaks of the emplG yment OF money to carry
| elections, said committee shall INQUIRE into
| and ascertain the amount so used in Pennsyl-
ya0ia. and any other State or States; in what
districts it WAS expended, and by whom and
| by whose authority it was done, and from
| what source the money was derived, and to
4 nf fha mai
and that, for the purpose aforesaid, said
| sommitIee shall have power to send for per-
sons and papers. and report at any time"
| The message comes protest against
| the action of the House. The President
| complains that he has been ABUSED" aud
that the constitutional rights and irnmunities
| Of the Executive have been violated in his
| person. The material positions assumed in
| The communication are substantially en-
braced in the follow propositions
1, That the House of Representatives pos
sesses no POWER und, r the CONS Tuition except
az an impeaching body, 10 accuse the Presi-
| dent Of the United States, or any other OIL
/ Ger of tie Government
| q That the frst recited resolution is an
accusation of high crimes and msdemeanors
| against the President, and that his accuser
! has been constituted one oil his judges.
| g. That the charge is too vague and gene
| raj. e-s-e
e. That there is danger und,r such pre-
| cedent of an aggrand 2 ment of the legisIa-
! tive at The expense of the executive aud Ju-
| dicial departments.
In consideration OF the high source from
which the manifesto proceeds. the committee
prefer TO cOnfine themselves To an examina-
ton of the postulates of the paper. however
obnoxious 10 criticism its general tone may
be on The score of taste and temper. But
they cannot restrain an expression OF their
deep regret that an officer who prides him
sell upon the face that the people have
thought proper TO invest him with the most
honorable responsible, and dignifed office IN
the world" and who declares he feels proud
Iy conscious there is no public act OF his
(my) life which may not bear the sirlctest
sctutiny." and that he defies all invesiiga-
tiun.n should forget, amid the surroundings
of place and power. and hattery, that be Is
but the servant of that same people. aud that
he should shrink back in anger or terror
from a simple inquiry into his stewardship
This is tine first time under the Republic
Chief Executive has left recorded admls-
ZION that be has been made oblivious OF the
origin and epbemeral character of his posi-
ton by the reyelries of its enjoyment. To
dis t.,guish such conduct by appreciation
would be TO sanction kingly prerogatiye,
ard to proclaim that rightful rule came :. by
the Grace OF God, >" and not from the con-
fidence of men. The nation. always chart
table in the Interpretation of acts aud mo-
tives. is not prepared to overlook such de-
linquencv.
The President of the United States under
the Constitution possesses neither privilege
nor immunity beyond the humblest citiz-n,
and IL less favored in this respect than SIN
aiors and Representatives in Congress. Ar
ticle L. section 8, reads: They (tbe SEN
atUrs and Representatives, shall, in all cases
except treason, felony. and breach of the
peace, b. privileged from arrest during their
attendance at the session of their respective
Houses, and in going to and returning from
the same" No such ex mption is made in
behalf of the Executive OF any other officer OF
Government. The conduct of the President
is always subject To the Constitutional su-
pervsion aud Judgment of Congress whilst
he, on the contrary. has no such power over
either branch of that body. He il left, I'M
der the law, without shield or protection Of
any kind, except such is borne by all.
He il as amenable for all his acts after in
auguration as before. He can make no plea
which is denied 10 any other citizen and is
subject to the same scrutiny. trial and pun
ishment, with the prOce' dings, hazards, and
penalties of Impeachment superadded The
President and The citizen stand upon eunaIi-
ty of rights. The distinction between them
arises from an IN quality of duties. Whercv-
quiry and charge, that of the former is not
the less so. The President affirms, with
seeming seriousness, in comparing himself
with the House OF Representatives, that,
- ~ a coordinate branch of the Govern
ment, he is their ,qual.' This is denied
in emphatic ten ms. He is coordinate;
but not cO-,aual- He is " co ordinate" for
- he holds the same rank" but he is not CO
quail, Tor his immunitics and powers are less.
The members OF the Houre may claim a
privilege. wheth right or wrong. which h"
cannot, and the executive or law-executinc
power must always be inferior To the legis-
lative or law making power. The latter is
OmnipOtent within the limits Of the Consti-
tuition the former i subj.c ct not only To the
Constitution but to the determinations If
the latter aiSo. To repeat the point: the
President is net, in any respect. superior tn
the citizen. merely because he is bound 10
discharge more numerous dui les aud he il
not co-equal with that branch uf Govern
menI which helps to impose aud d-iinc thos,.
duties. The fact that he holds "A limited
veto over the Legislation of Congress can
not affect the soundncsS of the Views here
briefly presented. His claim to a legislative
capacity" in other words, to possess lcgiS-
lative power. will scarcely he conceded in
view Of 81 ticle /, SECTION /, of the Coustitu-
tim, declaring that. = all legi ,lative power
herein (tnerein) granted shall be vested ia
Congress Of the United. tehIch shall CONSIST Of a
Senate and HJlse Of HsTescHltotUesH
The President. il VIII be observed through
out his message. that the resolution
To y hich he makes reference charges him with
the commission Of high ctimes and misde-
meanUTs. THIS Vas Necessary to ihe argu-
mcut hc has advanced. Ii Is for such charges
onIy the House has The power of impeach-
m-nt The grseusea OF his complaint L., that
the accusations are oi such nature a., il
true. w,,aId subject him TO an impeachment.
aud that The Hpuse has proceeded TO pass