Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1860-06-29

should the proceedings Of the committee be sanction
ed by the House and become precedent for future
time the baenee Of ire Constitution will be entirely
upset and there viii 40 longer remain the three CO
ordinate and independent branches Of the Govern
Executive. and Judicial The
worst fears Of the Patriots and Statesmen who
framed the Constitution inregard to the usuFpat0ns
of the Legislative on the Executive and Judicial
branches viii then be realized In the language Of
Mr. Madison, speaking on this very subject, in the
4sth number Of the EederdliSi: in a Representa-
tive Republic, where the Executive magistracy is
carefully limited both in the extent and duration Of
its mower; and where the Legislative power is ex-
eFeised BY an assembly winch Is inspired BY sup
posed influence over the people, with an intrepid
confidence In its own strength which is sufficiently
numerous to feel all the passions which aetuate
multitude yet not so numerous 20 be incapable Of
pursuing the objects of its passions by means which
reason preserbes it is against the erterprising am
biton Of this department that the ptOple ought to
indulge all their jealousy and exhaust ali their pre-
cautious" And in the expressive and pointed Ian
guage of Mr.. Jefferson, when speaking Of the ten
dency Of the legislative branch Of Government 70
ilsllrp the rights of the weaker brancbes " The
concentrating these In the same hands is precisely
the definition Of despOdc government 1t viii be no
alienation that these powers will be exercised by
plurality Of hands, and not by single one. One
hundred and seYenty-thFee despOts would surely be
as oppressive one. Let those who doubt it turn
their eyes on the republic o. Venice. As little viii
it avail US that they are chosen by ourselves An
elective despO6sm was not the government we
fought for but which should not only be found
ed on free principles, but in which the powers Of
government should be so divided and balanced
among several bodies of magistracy as thst no one
could transcend their legal limits without being et
fectually checked and controlled by the Others"
Should the proceedings of the COvede committee
become precedent, both the letter and spirit of the
Constitution viii be violated. One Of the three mas
siYe columns on which the whole superstructure
rests viii be broken down. Instead Of the Execu-
tive being coordinate, it will become subOrdi-
nate branch Of the Government. The presidential
Office will be dragged into the dust The House of
Representatives will then have rendered the Execu-
tive almost necessarily subseryient to its wishes in
stead of being independent How is it possible that
two powers in the State can be coordinate and IN
dependent of each other, if the one claims and
eises the power to reproye and to censure all the
official acts and all the private conversations of the
other-and this upon pdrte testimony before Sc
cret inquisitorial committee; in short, tG assume
general censorship over the others? The idea is
absurd il pubic as it would be in private life.
Should the President attempt to assert and maintain
his neutrality-suspicious. future COyode committees may
dragon him into submission by collecting the hosts
of disappointed ofice-hunssrs, remowf officers,
and those who desire to live upon the public treasu-
~, which must follow in the wake Of every admin
istratiOn and they in secret conclaYe viii swear
away his reputation
Under sucn circumstances he must be very bold
sent to exercise his authority according to the Will
of those invested with this terrific power. The
sovereign people of the several States have elected
him to the highest and most honorable office IN the
world. BE is the only direct representative IN the
Government By their Constitution they have made
hum cOmmander-In-chief of their army and navy.
He represents them in their intercourse with foreign
nations Clothed with their dignity and authority,
he occupies proud position before all nations, ciyl-
lIZed and savage With the consent of the Senate he
of fhn
ment He exercises the veto power, and to that ex-
tent controls the legislation of Congress For the
performance of these high duties he is responsible
to the people ofthe several States, and not in any
degree to the House of Representatives.
Shall he surrender these high powers conferred
upon him as the representative of the American
people for their benefit to the House. to be exercised
under their OvershadOwing influence and control
Shall he alone of all the citizens Of the United
States be denied fair trial. Shall he alone not be
Uniformed OF the nature and cause Of the aceusa-
tom against him? Shall he alone not 'ba confront
ed with the witnesses" against him? Shall the House
of Representatives usurpIng the powers of the Sen
ate proceed to try the President through the agen-
cy of secret committee of the body where II IS i'm
possible he can make any defence, and then, without
affoTding him an opportunity of being heard pro
nounce judgment of censure against him? The
very same rule might be applied for the very same
reason every judge of every court of the United
States. From what part Of the Constitution is this
terrible secret nquisitOrla power derlYed No such
express power exists. From which Of the enumer-
ated powers can it be inferred2 1t is true, the
House cannot pronounce the formal Judgment
against him of removal from Office" but they can
by their judgment Of censure, asperse ms reputa-
ton, and thus to the extent of their influence rem
der the office contemplate. An example is at hand
of the reckless manner in which this power Of cen
sure can be employed in high party times The
House, on a recent occasion, have attempted TO de-
grade the President by adopting the resolution of
Mr.. John Sherman declaring that he, IN conjunction
with the Secretary of the Navy, "by receiving and
considering the party relations of BIDDERS for con-
tracts, and the effect Of awarding contracts upon
pending elections, have set an example dangerous to
the public safety and deserving the 'eprOot Of this
House.V
It will scarcely be credited that the sole pretext
for this vote Of censure was the simple fact that in
disposing Of the numerous letters 1t every lmagin
able character which daily receive, had, in the
usual course Of business referreda letter from Col
Patterson, of Philadelphia, in relaion 10 contract,
to the attention of the SeCretaryOf the Navy, the
head of the appropriate Department, without ex-
pressing or intimating any opinion whatever on the
subject and to make the matte, if possible, still
palmer. the Secretary had informed the committee
that the President did not IN an interfere Ia
this case nor has he IN any Oteredse Of contract since
I hare been IN tie Department" The absence of all
proof to sustain this attempt t. degrade the Pres
dent whilst it maifests the veIOm Of he shaft aimed
at him, has destroyed the Yigr Of the bow.
To return after this digressIn. Should the House.
by the institution of COYOde committees, votes of
Of eensure and other deyice to harass the Presi-
dent reduce him to subserHence to their will, and
render him their creature, then the wellbalanced
Government which our fathers framed viii be ami
hilated This conflict has aready been commenced
in earnest by the House aqlinst tine Executive. A
bad precedent rarely if ever dies. 1t will fear be
pursued in the time of ny successors, no matter
what may be their pOlitiql character. Should Sc
cret committees be appointed with unlimited author
iy to range over all the words and actions, and if
possible the very thoughts of the President, with
view to discover something in his past life prejudi
cia to his character fran parasites and nformers,
this would be an ordea which scarcely any mere
man since the fall coud endure 1t would be to
subject him to a reign Of terror, from which the
stOutest and purest hert night shrink. have pass
ed triumphantly through this ordeal.
My vindication is omplete Thecommittee have
reported no resolution looking to an impeachment
against me; no restitution Of censure not even a !
resolution pointing out any abuses in any of the
Executive Departments of the Government to be !
corrected by Legislation. This is the highest con-
mendatiOn which Ould be bestowed on the heads /
Of these Departments. The sovereign people of the I
States will, hOwe'er, I trust save my successors /
whoever they may be, from any such ordeal. They /
are frank, bold, a'd honest. They detest delatOrs /
and infOrmers. therefore, in the name and as the
representative Of this great people, and standing up
on the rampant Of the Constitution which they |
" have ordainedlnd established" do solemnIy pro
test against thes Unprecedented and UncOnsttuuOn-
al proceedings.
There was gill another committee raised by the
House on the hh of March last, on motion of Mr..
Hoard, to which had not the slightest objection.
The resolution creating it was confined to specific
charges, with l have ever since been ready and
willing to met. have at all times invited and de-
fed fair nvetigation upon constitutional principles
l have receied no notice that this committee have
ever proceeded to the investigation.
Why shOlld the House of Representatives desire
to encroacl on the other Departments of the Gov
ernmentg Their rightful powers are ample for
every legitimate purpose. They are the impeaching
body. Indleir legislative capacity it is their most
wise and wholesome prerOgative to institute rigid
examinations into the manner in which all depart
ments o. the Government conducted, with a
view to 'efOrm abuses to promote economy, and to
improve every branch of administration Should
they flint reason to believe in the course of their ex-
aminatbns, that any grave offence had been COM
mitted5y the President or any officer of the Gov
ernmet rendering it proper in their Judgment to re-
sort t an impeachment their course would be fain
They would then transfer the question from their
legsiuve to their accusatory jurisdiction, and take
care hat IN all the preliminary Judicial proceedings
preparatory to the vote of articles Of impeachment
the 'ocused shonld enjoy the benefit of cross-exam
min the witnesses, and all the other safeguards
wit which the Constitution surrounds every Amer
lea, iCitizen.
idn legislative investigation it should appear
th't the public interest required the removal Of