The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-04-14
THE COvoDE INVESTIGATION.
The Report Of Messrs. Houston and Taylor,
of the Judiciary Committee, on
the Presidents Protest.

dent which he protest sgainst the acton OF ne Sous,
passed the 9TH day VI March last reepecluA
the folio sing minority repor,;-- 49,. mn. ,
Tho resolutions adopted by ths HOUSE on 'n' NH ~"'
o. March Ia the folosiog WORDS
Resolved Tha. co,vmt'e, Of m,mhsrs by
sSss x se IT, use es ses Other eos IL.
p rss, h' a. en- se as a5S q congress an, cs
tho M or esS Or rsss 81 "t 70 na no ss s
e O1 s.ss q ss s S,Sssss at
aasnVsd aeiest the ,re,et, OF sny isw
hs. ,S ar nay ss sSsIs
% sa.. re so oss s and q s P
a. Ss ana oar S lss ssrn. 81 %
the Ps er upsry Of the 18th Il Nou-@s,s 70
1 enc o. s n% naos oo O. ss oSey 70 oss
resp,yissiA 40 ANY o,hr stla or States h,.
:, o % Ds ssi'sd
tie pursS.s Aforesaid avid son@ss sssE ave hover To-
ssDa fer persons and papers, sna a. tina
This ssage relates only 10 the OF tho
INST rssoiueon which are reoited in ii, and as fol-
lows
Resolved That COMMITTEE OF i've members ne sppolnt-d
The Presiaeni Of the Upea stes otter ohcsr OF tbs
s,ph influence The seton Of Congress or AM ss
pn 10 r ssAs s s s sasfe q s! as cpe
also 70 inquire mt and tnyes,sse whehsr on
pfessd or ATTEMPTED to prssemt or defeat t..
ssa rsf Ss DE to 'sS e se
cuon Law thereof
tons OF The hrst iesonon which sed abuses
in posi- Offices, navy yards, public budiogs, other
pubic works Of the United Sates ecsuse he saws In
such csses Inquiries are highly proper themselves
belong equally TO the Senate and the House.
their legislative outee" enable them 10 provide toe
legislative rened.es for any abuses which may fcuni
10 EXIT No,hng shslever ia said by bin ip this
sage WITH respect to the second resolution HE protss.
Is made The rst Of the drst resou
boD, which are reeet IL IT, and he expressly declares
branches OF the resolution -
Tn two clauses aconss.ory in their nature;
regarding the IN that sht the Preside ssan 1T 10
await hisel OF his constitutional power communicating
with the houfe. to lay before his objections The pro-
ceec,Ies usiuted by tie House agans, him and oiher
oie,s Of tho government by their adoption. In doug
ths the Pretdeut says IN substance, House Of
Representatives possess no under the constitution
over e aCcusaory portion OF tho resolution excep,
impee hng BODY with that exception, the president
be Constitution has invested HOUSE OF Repre-
sersaves win no power no jurisdiction, no supremacy
whatever The Pre- sdent la all other resoscp he
Continues she is quite Independent OF as they
of him " The President after proceeds 10 no.
tice :Ls OF investigation which toe rasou
ton prop ses TO psae and having noticed tho fact tina.
directed TO no secic charge or CHARGES, but whether
the President cas, by noney, patronage other iul-
proper utars sought TO influence, not the action of any
ipdrlcosl renher or members OF Congress, bat "the
aSon" o; TIE erne body "of Congress itself, "apy
oomctee hereo' and that the investigation which the
resolution uroJoses TO institute ''s vague gene
raj rs the Enflsh language affords words ia which to
make ~ go that he eau have no ''gmmeripg of the
ure of the offence to be investigated upier the
ton, he substance that principles recognized
in he constitution of the United States and several
States which require that, in OF prosecution
orce ihe uerton prosecuted '.shs Informed in
the very beginning OF me nature and OF the
saton ssnips him., principles not Iess sa
cred prosecuting penstrsble sbisd' for the prosec
unn Of every cit against false charges, thave been
voa'ed prosecution instituted by the House 0, Reu.
rensves against the executive branch Of the govera
nep ana makes ha soe mn protest. ag4ust their pro-
ceeduss sin the name of the peops Of the United States
because they are in violation Of The rights OF the ooordi
nate executive branch of the government and subversve
fase accuea.ors ncspabe, from their nature OF being
dsroved; aud because such proceedings unresisted,
wou,a ESTABLISH PRECEDENT dangerous and emoerrAss
n "
they might be attached"
The question thus presented to the House BY the protest
OF the thopeh Of graveet importance
nyet restricted within very narrow limits There be
ton the two great departments governmeut-,he
legislative ANA executve-with 10 each other The
10 bring abuses In the adruinsr Of public az
fairs to liebt, with view to the punishment OF those
who have been guilty Of them and to the prevention Of
similar abuses in the future by remedial egisla.
ten, when that is practicable is fully c,nceded by tho
President Ulon that point there neither is be
any dispute TIE quesons actually presented BIZ the pro-
test the undersigned believes be these and these
First, Has the Bovse unlimited poser institute aud
Investigations Of kind for any purpose
according 10 its own mere will and Pleasure; is
strained and couroled in the exercise Of the vested
in by the operation OF he great ptnci5es OF Law every
where recognized Throughout common country where
the rights Of individuals concerned and second II
60 restrained aud controlled then was the act)n Of the
Horse in adopting the resolution complained of by the
President in voaton Of those great principles OF law
tn confcr raiy With them?
The Undersigned carrot for a monent conceive that
there for ooubt upon the frat question: Our
of ia trainers that everything connected with
should he regulated far rs practicable, by positive
constitutional provision or legislative enactment There
is no sucb thing in whole system grant OF
liui,ed a. hrary power. Gee great object had vie
in s CONSTRUCTION was 20 give security to the citizen and
to that end national State constitutions ana our
statute books. are filed " ih provsoos TO shield
and protect him against the approaches Of cppres.
sion, to furuish him remedies against nvs-
fione upoo bis rights These PROVISIONS intended
to Operate everywhere within his sec
ry ara pro eor aud the barriers which they n.erpose
sgsips, AS-tce should be electusl for his defence
aSoaber aocoSs Of The one sa o as from
tativs, 'nh RESPECT TO investigations into abuses
,oe aea o Of our oe sfs and into the
nature, uocai and 1t is much the duty members
OF the House to be guided by the principles Of these
and auiions provisions, when they called
act on Quesots which concern the personal rights men,
as II they Sere 70, msly invested with tho Judicial
mine Ibis has BEEN the common judgment OF the VIII ,le
American peep from the very ioundsuon the govern
ment and Icansot Cor moment conceive tha. any
can hsve couot on the subject Considering ques.
ton as settled eyond all controversy Ishsli proceed
to an examination Of the one viz Was the action
Of The house. IN adopting the resolution complicated Of by
con 'ormity with then2
The right Of The honse to enter upon inquiry to
whether offence has not been committed or If part
cuar person IS not guilty Of crims, the
ture OF nm arbitrary discretion The power Of the House,
like ,hs, Of coart such snOec csn only be ex,
srted upon case made The power Of q court Is one
quite Different hing And the same with The juai
cisl power .of the House Before the right to ex.
ercse 1t in an inquest OF criminal nature
csn exist, there must be good cause shown for
it, by evidence Of KIND sufflcient give rise
70 reasonable suspicion as 70 the preparation OF
offence the guilt OF the Individual Ia the absence OF
any such evteacs the RICH, does not exist and
futon OF ING airy would be improper Bat what would
DO merely improper in one case might be highly
surabe 10 another rowing commission to iaquire iuto
posioe Offences, without any reasonable ground ior the
bee that oiences had been committed, would certainly
De impi oper; but TO raise COMMITTEES TO inquire IL
particular person, oes'ersted by name had not been
gnny OF CERTAIN specdet crime, when evidence OF
any snd was before the House to give rss any susp
cioD against him. ~ould ce than improper il would
Dc an outrage An inquiry Of that KIM with re.
specs 70 any one by the public authority pes from fts
very nature that there ia believe him guilty
Our la"s are not alone framed protect the persons
and property OF our citizens They are also d scned TO
rac,ra slst,a In no. NO.. II -. W