Nashville patriot. [volume] (Nashville, Tenn.) 1858-1860, 1860-04-03


| Is beaded by the man who prefers the char
ges. He insists that this is making his ac-
cuser his Judge, and is violative of one OF the
fundamental principles of civil liberty. But
| is be correct in this? Judge STORY in his
commentaries on the Constitution, lays down
the following principles and usages on the
subject Of impeachments:
1 sWhen officer is known suspected 20 be
1 guilty OF malseryation in Office, HlezHbeT Of TIE
House of Representatives usually brings forodrd
resorfon the party or far tie oppoiatnae7zt
q cOrsnntee, 70 consider and report upon the char
ges laid ss.inst HIM The Later Is the ordinary
t.lns. adverse 10 the party, a statement OF tie
! charges, and recommends a resolution that De be
linpe1ched therefor IL the resolution is adopted BY
the houss, acommittee is then appointed TO impeach
the party at the bar OF the Senate and that
the articles against him will be exhibited ia due time
anu made good before the Seaate, and to demand
that the Senate lake order for the appearance Of the
party TO answer = the impeachment. Ths berg ae-
cordiI gy dope the Senate signify their willingness
70 take such order; and articles then prepared
by Committee under the direction CT the hous- OF
| Representatives, which, when reported to, and APP
proved by the House are then presented N Ike
her to the SeDate and a committee Of managers are
| appointed to conduct the impeachment
IEe articles thus exhibited, need not, and indeed
DO not, pursue tie strict firm AMI accuracy OF an N
| dictmelt. They ssnaetiMes quite general an Ge
form Of The Giiegotiess; but always cOntan or ought
to cobtIin much Certainty as 70 aoe the party
TO himself upon the proper defence, and also, in
!.
Other Impeachment"
This authority will scarcely be questioned,
| and fully sustains the action of the House
in adopting the resolutions, if the design was
| really TO arrive at an impeachment, which
| Dir. BUCHANAN assumes to be the fact. 1t is
usual to appoint committee. specially for
the purpose, 10 consider and report on the
charges laid against the party accused, as
| was done in this case. Even after the i'm
| parchment is perfected and the matter is
| fully prepared for trial before the Senate, the
| articles need not pursue the strict form and
| accuracy of an indictment; much less should
they be required or expected to do SO on
mere preliminary enquiry, as in the present case
These objections OF Mr.. BUCHANAN are there
fore wholly unsustained.
As to the other exception, that of making
his accuser his judge, ~ placing him on the
committee, the President is equally unsus-
tanned. In the first place. this committee is
not, iE any sense, the judge who is 10 try
the guilt or innocence of the President. The
U. S. Senate alone, the Chief Justice of the
United States presiding, is invested, with
that trust. The committee is raised simply
TO enquire whether the charges are founded
in truth-and under these resolutions could
scarcely recommend impeachment, which is
not alluded to in them. They can only re-
port the facts brought ont on the investiga-
tioD, and the House can then take such ac-
ton as it may see proper.
But if the avOwcd purpose of this proceed
ing was to impeach the President, the au-
thority or precedentis against the assumption
OF Mr.. BUCHANAN.
One of the leading cases, which was par
ticipated in by several of the trainers of the
Constitution, aud carries with it greater
weight of authority than perhaps any other,
was that Of the Impeachment Of SAMUEL
CHASE, an Associate Justice of the Supreme
Court of the United States in the year 1904.
The inception of that case was, in brief
follows: Mr.. RANDOLPH rose and stated that
a representative from Pennsylvania, at the
previous session, had stated certain facts in
relation to the conduct of Judge CHASE,
which be thought the House was bound to
notice and offered the following resolution:
into the Ofc al conduct Of Samuel Chase, Of the
Associate Judges Of the Supreme Court Of the United
States ard to report their opinion whether the said
Samuel Chase hath so acted IN his judicial capacity
to require the nterpOston of the constitutional
power oil This House."
This was q direct proposition 10 inquire
into the propriety OF an impeachment. 1t
was more vague and indefinite than the
resolution OF Mr.. COvcDE- This fact was
nj, cd 10 Of hot nd oil
ments now used by Mr.. BUCHANAN were
brought forward against Mr.. RANDOLPH' 5 resO-
luton; but the House Overruled the Objec-
tiOH unfOunded and untenable. and adopt
ed the resolution by vote of 81 TO 40. The
committee was tEereupon appointed, and
Mr.. RANDOLPH. the moUer Of The resolution,
appointed chairman. The committee performed
its duty, and an impeachment and trial were
the result. The case of Judge PECK, which
Mr.. BUCHANAN relies on did not originate pri-
marty IA the House; but was founded on a pc
futon from indUiduqL tGho had been personally
agrieUed by the arbitrary action of Judge
PECk-Mr. LAwLEss, an attorney in the
Courts of Missouri When the petition was
presented, il was referred to the Judiciary
Commute OF the House, who investigated the
charges and reported, recommending i'm
peachment. The same course was pursued
in the case of Judge WArRoUs, of Texas, at a
much more recent date. Citizens of Texas
approached the House of Representative
with a petition alleging corruption and NAL
feasance on the part of Judge WATRoUs in
the discharge of his official duties; and that
was referred to the Judiciary Committee. 1t
is the general rule of the House TO refer ali
petitions and memorials from citizens, to the
appropriate standing committees where they
are referred to all. But where the subject
matter OF the inquiry is grounded upon the
personal know ledge of members, the House
may or may not refer the investigation to
regular standing committee, at their discre-
ton.
We regret that Mr.. BUCHANAN has seen
proper to present this extraordinary, aud
singularly weak and unsatisfactory protest to
Congress aud to the country. Much more
do we regret that circumstances should have
seemed to require the proceedings to which
il relates. 1t is truly n source of mortifca-
ton to our national pride that the highest
functionary in the government, the wearer of
the most enviable dignity on earth, should So
conduct himself in bis official capacity rs to
be even seriously suspected of a departure
from the path of honor and integrity. But
it is better that all the Federal officc-hoiders
of the Republic should sink, than that the
| public liberty should be sacrificed. If the
fountain Is corrupted the stream is necessari
| ~ impure. II the sentinel is false there r.
no security foE the citadel. And the signs
/ OF the times call fendly for increased watch
! fnlnese and fnr realnnhied xipilnnca ON The