The Hillsdale standard. [volume] (Hillsdale, Mich.) 1851-1909, 1860-05-01


The President, il will be observed thro'-
ought his message, assumes that the reso-
luton to which it makes rcfclenc, charges
him with high crimes and misdemesnoss.
This was necessary to the arguments he
has advanced. It is for such charges only
the House has tho power Of impeachment
The grapamsn Of his complaint is that
the accusations arc Of such nature as, il
true, would subject him to impeachment.
and that the House has proceeded to past
upon them, though form Of proceeding
not authorised by the constitution, Here
in lies the fallacy, and that which, uncx.
posed, might operate as the deception of
the plea. If this vas, in truth, d eha,ys
against the President, calling for the form
OF trial prescribed by the constitution, tAcr
tho determinations Of this House might
p ,ssibly be opened TO animadv,rsoi. Tn.
fortunately for the attempted defence Of
that officer, there is no charge made cfart
grade Of offence calling for trial OF any
kind. 1t isa mere inquiry that is the
best proof The committee raised is "for
the purpose Of Investigating whether tho
President Of the United States, OF amy
other officer of the government, has by
money, patronage, or other improper means
sought to influence the action of Congress,
or any committee thereof" &C. !; also, "Hc
inquire into, and investigate whether any
officer or officers Of the government have.
by combination or otherwise, attempted
to prevent and defeat, the execution OF any
law or laws" d.; ; and whether the
President has failed or refused to compe!
the execution Of any laws" &c. II no
criminalily is alleged, but on the contrary
an investigation or inquiry alone Is propos'
ed, the question may be asked, with ruling
forco and emphasis: What has the House
to do with tho Law Of impeachment The
resolution do not contemplated judga-
ment, and therefore there can be no formal
trial under them. But, admit. CHARGES
proper for impeachment were made, would
The House be bound to submit the matter
to any particular committee, and allow the
accused cross examination ~ TIE Pfesi
dent seems to supposed By no means
The constitution prescribes no rules for
the House, but it is perfectly free to adopt
its own. 1t may refer the charges to
at nding committee, Or Select Committe
or it may proceed without the intervention
Of either. 1t may allow cross-exanination
or deny it, a. TO its members may seem
most proper At tie time. Tho precedent
sot in the case of Judge Peck upon which
great stress is laid, cannst take away the
full discretion allowed by tho eonsti.u.
i a. 1. - -
narrower than it was written. In such
care esch House Of Representatives
will determine for itself its mode Of proceed.
ure without suggestions from a "co-ordi-
nate," and rely upon the highest law as its
charter. There is no judge presiding ovsf
the sovereign people OF the sovereign states
to teach and iuculcate legal proprieties.--
When they shall permit even the President
to do so, then there will be Law superio,
to tho constitution, and discretion locked
in chains.
The resolution Of the Senate Of the 25th
of March, 1884, upon which tho Presi.
dent seemingly had bis eye in the prepara-
ton Of his protest, presents case very dit
ferent from the present one. That body
resolved as follows:
THAT the President, in the late execu-
tive proceedings in relation TO the late
public revenue, has assumed upon himself
authority and power not conferred by tho
constitution and laws, but in deroga,ion OF
both"
The complaints made by President Jack
son to this proceeding were, that the acts
charged upon him constituted ono Of the
highest crimes which that officer can com.
mt, impeachable from its very nature. -.
That tho Senate, as his constitutions
judges in such case, not only accused
but found him guilty Of tho charge. with.
out any opportunity on his part TO defend
himself And Mr.. Buchanan, January 10
1887, speaking on the subject, declared
that the Senate had transcribed its con
stitutional power, because tue resolutions
charged an impeachsble offence against the
President. That criminal inteh. was in
voved in the charge, as it was to be pre-
sumed, from an Illegal or criminal act.
The resolution Of the House, OF the con
trary, do not even imply censurc, mucl
less pass judgement. They propose an e,
animation merely, such as may bs institu
tod by any member Of society against an.
other member Of society, 10 test informall.
either honesty or respectability. And hs
] it ever been conceived before that such
privelegc-that Of inquiry-does not per
tain to every human being! The fac, ihs
such investigation may lead to tie conclu
sion that tho party against whom it
brought to bear is guilty Of nefarous piac-
ticcs, cannot affect the right; it is ptelitni.
/ nary TO accusation, trial, judgement. 8
{ here it cannot be made an objection to th
/ action of tho House that evidence ma.
, thus be found tainting the official charac.
ter Of any or n any officers Of tho govern
ment. II it shall be found, in executing tn
, command Of the resolutions, that the Pres
ideut is open to direct charge of hig'
|, crimes or misdemeanors, it will bu. prov
, the wisdom Of tho proceeding. Ther
, and not till then, may the party sought t
, be implicated domaud tho full hearin
, secured to him by the constitution. A
, yet he is subject to tho law OF the citizen
{ hereafter, possibly, hs may provoke th
t law Of the officer.
1t is proper to make this additional re
0 mark in reference I, tho protest Of 1873
!, that it WAS not presented to the Scna,
0 during the consideration Of the ieo'u o.
1t was not till after formal determinatio