Nashville patriot. [volume] (Nashville, Tenn.) 1858-1860, 1860-04-20

Ghr II esd ats" Protosf
We publish below the minority report of
Mr. G.. S. Houston, of the Judiciary Commit
tee of the House of Representatives, on the
protest of the President against the unconsti-
tutional character Of the investigation which
has been referred to the sp cial committee OF
which Mr.. CovOde is chairman.
HOUSE OF REPRESENTATIVES, April 8, 1860.
The undersigned member of the judiciary
Committee, to whom was referred the mes
sage of the President of the United States to
the House of Representatives of the 2Sth of
March, 1860. having failed TO agree with the
majority of said committee, asks to submit the
following as his report:
The trainers of the Constitution of the
United States have thought proper 10 confide
to all the Departments of the Government
the maintenance of the national Eonor aud
dignity. not only that confidence in our insti-
tution may be thereby maintained at home,
hut that the position of our Government
amongst the nations of the earth may be in
no wise impaired. And in depositing such
trust, they have not omitted to place proper
and Just Limitations upon the powers of each,
in order that it may effectuaily combine with
in view, and at the same time not encrcach
upon them. Thus is produced that eguilibri-
uin so necessary to- harmony and efficiency, ,
and which cannot he seriously disturbed with
out endangering the success of the whole
plan
s-It il important, likewise, that the habits
of thinking in free country should inspire
Caution in those intrusted with it, admnistra-
ton to confine themselves within their re-
spective constitutional spheres, avoiding, in
the exercise of the powers of one department
to encroseh upon another. The spirit of en-
croachment tends to consolidate the powers
of all the departments in one, and thus TO ere
ate, whatever the form of government. real
despotism. A just estimate of that love of
power aud prOneness to abuse it which pre-
dominates in the human heart is sufficient to
satisfy US of the truth of this position. The
Necessity Of reciprocal checks. in the exercise
Of political power, by dividing and disIribu-
ting IL into different repositories, and cOnsti-
tuIing each the guardian of the publ C veal
against invssions by the others, has been
eyinced by experiments. ancient and modern
some OF them in our own country and un-
der our own eyes. To preserve them must
be necessary to institute them. II, in
the opinion Of the people, the distribution or
modification of the constitutional powers be
in any particular wrong. let it be corrected
BY an amendment in the way which the Con-
siitution designates. But let there he no
change by usurpatiOn; FOR though this. in one
instance, may be The instrument of good. it II
the customary weapon by which free govern
ments are destroyed The precedent must al
ways greatly Oyerbalance in permanent evil
any partial or transient benefit which the use
can at any time yield. y Hashingsons Fare
tceI Adde'S.
The undersigned regards IL as high and
important duty of the House Of Representa-
tives to ferret out abuses and errors in the
administration of the Government, il abuses
and errors exist with view we'll to The
punishment of the guilty as OF providing
remedy by the enactment OF such legislation
as may Be necessary to prevent their recur
renee.
In tn discharge of that duty, however. the
House of Representatives should conform its
action 10 the limitations and requirements of
the Constitution. And while it has been the
practice of the House to give to such inves-
legations much latitude when proposed ia
good faith. it is al Ike due to justice, to the
dignity of the flouse, TO the character Of our
Government at home aud abroad. that such
action shall not be- taken for purposes of OPP
preston or for mere party advantages, that
such movements shall not be made for the
purpose OF throwing discredit upon an Ex-
eeutiye by encouraging ar entertaining vague
and slanderons imputations founded upon
street rumOrs or irresponsible newspaper ar
ticles. That 10 has been so used a to
amount to an abuse may with confidence
be asserted, and the present case is one
which should admonsh the House that there
Il . possibility that these occasions. occur
ring 81 fr'quently Of late. may already have
done much, and may still do more. To weak
en- the cOnHdenee of the country in and its
respect for the legislative as well as the
other departments of the Government. Con
gress should maintain its own dignity but
the most effrctual mosie of doing SO IL not by
continued assaults upon other departments
or upon citizens CT the country In public or
private life. IL wcskeBs its own influence
BY the frequency and cheapness of these
raulis. thus inviting assaults back again upon
itself. and consequently impairiTg lis capaei-
~ for good. In the language of the FEATHER
of his Country" ''but let Their. beno change
by usuIpatiOa; for though this. In one In
stance. may be the instrument of god. il is
the customary weapon Ly which free gov
rruments are dies royed. The precedent
NUT always greatly overhaul Ia perma-
nent evil any partial or transient ben, 1t
which the use can a any time yield
by abe Constitutions OF the Uaitrd States
the Executive il separate Coordinate de-
partment VI the Government. The powers.
duties. aad resps nsibilities Of the President
are plainly and distinctly set for:h in that
legislative functions to the extent of his sf-
prevail Of bills pa-s,d by the two Houses Of
Congress, which, in the contingency OF his
dlsapprovaf, do not become Laws anal agais
pa-sed BY vote oi Iwo-thirds of each
House.
The iouse Of Representatives Is one
n,aneh OF tbe legislative department. whose
concurrence with the Senate l. essential TO
the enactment e a law. The Constitn,ien
makes the House the judge OF the elections.
returns. and qualifications of il. own mem
bfs; gives Il the power to Determine The
xulcs of it's procrrdingz. s.paufsh ia ,nsrn-
b-ss for DISC dsriy bebssIor. aud. ain ,he
e"ncarrence OF - o-ihiFdr. To expel Non
bvr-" The DEPARTMENTS Of The Goyernmen,
-exrcaliye, l. giSlauye. aud issdiciai-ar,. Ia
dependent OF each other. excepting in H..
easss IA which by The terms VI shs C..estitu
ton u = dsciar otherwise. The Prs-iaent
may b. fnpeaehed by the House e R.pre-
seBsatiyes. bat must be tIivd b. the S~nat-
The Senate has 40 power 60 institute an isu-
parchment. By the provisions OF the Con-
st5fufion the House has -fhe sole poweF
OF impeachment aud the Senate sthe sole
power u try all imp-achmentr" Tn. came
particularly marks the Consultation through
Gus In is distribution OF powers between the
dinerent departments, which l. also srue Of
lie distri5atiou between the two branch. of
abe legislative department.
The eenale eaDnoi judge a she elections,
returns. or qualifications Of the menLsfs o.
tie House OF Representatives. Nor eau The
dosse OF Reprss ntatiFes % judge OF the
ms-neess OF the Senaie S,ilheE body las 9
IL kt o. txl,.-l a u.eut,rr 81 fI.. ssf~r NJ A..