Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1860-03-31

To tie House Of Representatives.:
After a delay which has afTorked me ample time
for reflection and after much and careful delibera-
ton, find myself constrained by imperOus sense
Of duty, coordinate branch of the Federal Gov
ernment to protest against the first two clauses Of
the first resolution adopted by the House of Repre-
senatves on the 9TH instant, and published in the
Congressional Globe on the succeeding day.
The clauses are In the following words:
LIST. ReSolUed That a committee of five members
be appointed by the Speaker for the purpose Of in
vesugating whether the President Of the United
States, or any officer Of the government has, by
money, patronage, or other improper means, sought
to influence the passage of any law appertaning to
the rights Of any State or Territory and
I'd. Also to inquire into and investigate whether
any officer or officers Of the government have by any
combination or otherwise attempted TO prevent
defeat the execution of any law or laws now upon
the statute book whether the President has fail
ed or refused to compel the execution Of any law
thereof.
confine myself exclusively to these two branches
of the resolution because the portions Of it which
follow relate to alleged abuses in the pOsOtce. navy
wards public buildings, and other public works of
the United States.
In such cases inquiries are highly proper in them
selves and belong equally to the Senate and House,
as incident to their legislative duty and being ne
cessary to enable them to discover and provide ap
prOprIate legislative remedies for any abuses which
may be asserted.
Although the terms Of the latter portion Of the
resolution are extremely vague and general, yet my
sole purpose in advertng to them at present, is to
make the broad line of distinction between the ac-
cusatorv and remedial clauses Of this resolution.
The House Of Representatives possess no power
under the constitution the Tirst accusatory
positions Of the resolutions. except as an lmpeachng
BODY: whilst over the last, in common with the
Senate their authority legislative body is fully
and cheerfuly admitted
1t is solely in reference to the first, or impeachlng
hat I ID
Except in this single case, the constitution has IN
vested the House Of Representatives with no power,
no jurisdiction, no supremacy whatever over the
President In all other respects he IS quite as lnde-
pendent of them as they are Of him. As cO-ordl-
nate branch of the Government he is their equal
Indeed he is the only direct representative on earth
of the peOpe of all and each of the sovereign states
To them and to them alone, Is he responsible whilst
acting in the sphere Of his constitutional duty; and
not in apv manner to the House of Representatves.
The peopie have thought proper to invest him with
the most honorable, responsible and dlgnlhed othce
in the world and the individual, however unworthy,
now holding this exalted position, VIII take care, 50
far as in him lies that theFrights and prerOgatyes
shallnever be violated in his person. but shall pass
to his successors unimpaired by the adoption Of
dangerous precedent. lie will defend them TO the
last extremity against any unconstitutional attempt
come from what quarter may, to aDrldge the con
stitutiOnal rights of the Executive and render MN
subservient to any human power except themselves
The Deople have not confined the President TO the
exercise of the executive duties. They have also
conferred on him large measure OF legislative dis
cretiOn No bill shall become law without his APP
prOval, as representing the people OF the United
States unless it shall pass after his veto by mayor
ity of two-thrds of both Houses In his legislative
capacity he might, in common with the Senate and
House institute an inquiry to ascertain any facts
which are to influence his Judgment IN approving or
vetong any bill This participating IN the perform
ance Of legislative duties between coordinate
branches of the government ought to inspire the
conduct of all Of them in their relations towards
each other with mutual fOrbearance and respect
At least each has a right to demand justice OF the
other.
The cause Of complaint is that the constitutional
rights and immunies of the Executive have been
violated in the person of the President
The trial of an impeachment of the President be-
fore the Senate charges preferred and prosecuted
against him by the House of Representatives would
be an imposing spectacle for the world. In the re-
suit not only his removal from the Presidential office
would be involved, but what is OF infinitely greater
Importance to himself his character both III the eyes
of the present and future generations, might possibly
be furnished. The disgrace cast upon HIM would III
some degree be reflected upon the character Of the
American people who elected him. Hence the pre-
cautions adopted by the Constitution to secure fair
trial On such trial il declares that the Chief JUS
tice shall preside This was doubtless because the
trainers of the Constitution believed to be possible
that the Vice President might be biased by the fact
that in case of the removal Of the President from Of
fee the same shall devOlve upon the Vice President
The preliminary proceedings in the House, in case
of charges which nay involve impeachment, have
been well and wisely settled by long practice upon
principles of equal justice both the accused and to
the people The precedent established in the case Of
Judge Peck Of Missouri in 1881, after a careful re
view of all the former precedents will venture to
predict stand the test of time. In that case, Luke
Ed LawlesS, the accuser. presented petition to the
House in which he set forth infinitely and specltica
" his causes Of Complaint. He prayed that the CON
dict and proceedings in this behalf Of the said Judge
Peck may be inquired into by your honorable body
and such decision made therein as to your wisdom
and Justice shS II seem proper This petition was re-
ferred to the Judiciary Committee. such has ever
been deemed the appropriate committee to make
similar investigation 1t is a standing committee,
supposed to be appointed without reference to any
especial case and at all times IS supposed to be com
posed Of the most eminent lawyers IN the House
from the different portions of TIE Union, whose ac-
quantance with judicial proceedings. and whose
habits of investigation qualify them particularly for
the task No tribunal, from their position and char
acter could in the nature Of things, be more I'M
partial.
selected by the committee itself with view to as
certain the truth Of the charges. They were cross
examined by him and everything was conducted IN
such a manner to afford him no reasonable cause
for complaint In view Ct this precedent. and what
is of greater Importance, in view OF the principles OF
eternal Justice in what manner has the President Of
the United States been treated by the House of Re
representatives.!
Mr. John Coyode Representative from Pennsyl-
yana is an accuser Of the President. Instead of
following the wise precedents Of former times and
especially that in the Of Judge Peck, and re-
errng the accusation to the Committee on the Judi
ciary, the House has made my accuser one of my
Judges. To make the accuser the judge is viola
ton Of the principles of universal justice and Is
condemned by the practice Of ali civilized nations.
Every freeman must revolt at such spectacle
am TO appear before Mr.. COvode, either person
ally or by substitute to crOssexamine the witness
which he may produce before himself to sustain his
own accusations against me, and perhaps even this
poor boon may be denied to the President
And what is the nature Of the investigation which
his resolution proposes to institute. il is as vague
and general as the English language affords words
to make it. The Committee is to inquire. not into
any specific charge, but whether the President has,
by money OF patronage, or other improper means
soughttO influence, not he action Of any individual
member or members Of Congress- but the action OF
the entire body Of Congress ITSELF or any committee
thereof.
The President might had some glimmering OF the
nature of the Ofense to be investigated had ms
er pointed to the act or acts of Congress which ne
sOughtto pass OF defeat by the employment OF money
patronage or other improper means, put the acCu-
satiOn is bounded by no such hnlls. l.. eAVelida "
the whole circle of legislation TO interference lof
ar AGAINST the massage of any law appertalnlIg 70
/ tbo Tirb+s of any State or Territory What laws
\
do not appertain the rights Of some state or Ter
ritorv and what law or laws has the President ta-
/ ed TO execute? They might easily have been point
/ ed ont had any such existed. Had Mr. Lawess ask
/ cd an inouiry to be made by The House whether
/ J1dge Peck in general terms had not violated his
iudcial duty without specifying any paFtclar act,
| I do not believe there would have been single vote
IN tbat body in favor of the inquiry. Since the time
oftbe Star Chamber Of general warrants there have
/ beqn no such proceedings in England. The House
of Representatives the high impeaching power Of
the country, without conserving to hear one word
of explanation have indOrsed this accusation against
the President and made it their own act. They
even refuse to permit member TO inquire Of the
Presidents accuseF what the specific charges against
him
Thus in this preliminary accusation of high crimes
ard misdemeanOrs against coordinate branch OF
the Government under the impeachlng power, the
House refused to hear single suggestion even, as
to the correct mode Of proceedings, but without a
moments delay passed accusatory resolutions under
the pressure Of the previous question In the reso
luton of prosecution for any ohense against the
most humble citizen and claim for myself no great