Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1860-04-12
1etter from. ,he Pres,dent.

JnaDutGtions embraced IN the House eSotuof1S y IN
denCe Of the EGecutlUe.
The following sent to the House Of Representa-
ives on Thursday, the goth ut by PRESIDENT bucnanan
To the House of Representatives
After DELAY which has afforded me ample time for re.
lection and after much careful deberation, find myself
branch the federal government to protest against the
two clauses the first resolution adopted by the House
representatives the fifth inst, and published in the
Globe on the succeeding day. Ihese clauses
~ IN the following words: Resolved that committee OF
embers be appointed by the Speaker for the purpose
Of Investigating whether the President of the United
or anv other officer OF the government mas, by mon
e patronage, other improper means sought TO influence
tie action of Congress, or any commee theTeo Tor or
the passage any law appertalnng to the rights of
aay State Territory (ana zu ESQ 70 inquire INTO
anu He Inv combination otherwise, prevented de-
eated attempted to prevent or cereal he execution OF
any PJent has failed refused to compel the execution
Of any Jaw vse exclusively these two branches of the
resolution because the portions of which follow relate to
alleged abuses in posoees navy yeE tat puDe DIdngs
anu ore biohlv proper in themselves, and belong equal
" TO the Senate and the House as ncideh TO ther egsa
five duties and being necessary TO Che 10 discover
I royde the appropriate legislative remedies for any
abnsf which may be ascertained Although the terms OF
t latter norton the resolution are extremely vague and
i vet nv sole purpose advertiDg to them at present
s ~ mark the broad line of distinction between the accuse
tow and the remedial clauses OF this resolution Inc House
W senatiyes possess no power under the constitution
over the first acCusatory portion OF the resonton except
ne an mpeaching body whilst over the ast IN common
With the Senate their authority legislative body is fully
T S0eIv in reference to the first impeaching power
l nrnnEse TO make few observations Except In this
n case the constitution has invested the house with no
no%er no iursdicton supremacy Whatever over Inc
President In all other respects he is quite as independent
REPRESENTATIVE on earth of the people of all and each of the
sovereign States To them and to them alone IS ne repOn
sbe whilst acting within the sphere of his constitutional
duty any manner to the House OF representa-
yes people have thought proper to invest him with
the honorable responsible, and dignied Office in the
world and the individual however unworthy, now holding
this exalted position will take care, far in him lies,
their rights and prerOgatves shall never be violated in
his person. but shall pass to his unmpared by
the adoption of dangerous precedent. He will defend them
the last extremity against any unconstitutional attempt,
al rights of Executive, and render him subservent
any human power except themselves
The people have confined the President to the
else Of executive duties They have also conferred upon
him large Of legislative discretion No bill
Lerome law without his approval as representing the neo
pie of the United States unless shall pass after his
by majority of twothrds Of both houses In his iega-
tive capacity, he might in common with the Senate and
House, institute inquiry to ascertain any facts which
ought to influence his Judgment in approving vetong any
This participation in the performance of legislative duties
between the coordinate branches Of the government ought
inspire the conduct of all of them their relations
wards each other with mutual fObearance and respect At
each has right TO demand justice from the other
The of complaint is ha the constitutional rights and
mmuntes OF the Executive have been violated IN the
son of the President.
The trial of an impeachment of the President before the
charges preferred and prosecuted against him by
before the world In the result only his removal
II
Of infinitely greater Importance to himself his character
both the eyes of the present and of future generations
might possibly be furnished The disgrace cast upon him
would in some degree be reflected upon the character of
the American people who elected him. Hence the preCau
adopted by the Constitution to fair trial On
such trial declares that the Chief Justice shall preside
This doubtless because the trainers of the Constitution
believed be possible that the Vice President might be
biased by the fact that in of the removal of the Pres
dent from office, the same shall devoVe on the Vice Presi
dent"
The preliminary proceedings in the House in the of
charges which may involve impeachment have been well
aud wisely settled by long pracce upon principles OF equal
justice both to the accused ana TO the people Inc prece
dent established i'll the Of Judge Peck, of Missouri
1881 after careful review of all former precedents, will
venture TO predict stand the Test OF te In tha case Luxe
Edward Lawess, the aCcuser presented petition to the
House, in which he set forth mnutely and specifically his
Of complaint he prayed that the conduct AMI pro
ceedngs behalf of said Judge Peck may be inquired
into by honorable body and such decision made there
on as to your wisdom and justice shall proper Ihs
petition referred to the Judiciary committee Such has
been deemed the appropriate committee to make SINH
lar INVESTIGATIONS IL Is standing colnmCee supposed 10
be appointed without reference to special case and at
all times is presumed to be composed of the most eminent
lawyers III the House from different por0s OF the Onlon
whose acquaintance with judicial proceedings and whose
habits Of investigation qualify them peculiarly Tor the task
No tribunal, rom their pOoltlon ana CHARACTER could III
the of things be more impartial In the case of
Judge Peck the witnesses selected by the committee
ITSELF with view to ascertain the truth of the charge
They examined by him, ard everything was
Quoted i'll such manner as to afford him no reasonable
Of complaint.
In view of this precedent and what is of far greater
porance in view of the constitution and the principles of
eternal Justice the President the Uni
ted been treated by the House of Representa-
yes? Mr.. John Covode representative from Pennsyva
MIA s the accuser of the President Instead of following
the wise precedens of former times and especially that in
the Judge Peck and referring the accusation to the
committee the Judiciary, the House have made my accus
of my judges.
To make the accuser the Judge violation of the prin
cpes of universal justice and is condemned by the
tCe of all civilized nations Every freeman must revolt al
such spectacle am to appear before Mr. Covode, eth
er person. lily or by substitute to crosseXamne the wit
which he may produce before himself to sustain his
accusations against and perhaps this poor bOoI
may be denied to the President.
tho tboiu
outon proposes to institute? 1t vague and general
the English language affords words in which to make it.
The committee inquire not into any specific charge
charges but whether the President has, by money pat
ronage other improper means, sought to influence not
gress but of the entire body " of Congress
Itself, any committee thereof" The President NIGH
had gmmerng of the nature of the oense to be
investigated had his pointed to the act acts
Congress which he sought pass defeat by the
pOyment of money patronage other improper means.
But the accusation bounded by such limits extends
to whole circle of legislaon; to interference tOr
Of any State or Territory And What law does not apper
tain to the rights of some State Territory? And wha
law laws has the President failed to execute? These
might easily have been pointed OUT had any such existed
Had Mr. Lawless asked inquiry to be made by the
House whether Judge Peck in general terms had not vic
lated his judicial duties, without the specification of
particular act do not believe there would have been
single vote in that body in favor of the inquiry
Since the time of the Star Chamber and OF general war
rants there has been no such proceeding in England
The House of Representatives, the high impeachng powe
of the country without consent to hear word of expana
o have endorsed this accusation against the President
AMI made 1t their act Iney even refused memDe
inquire of the Presidents what the speci
c charges against him. Thus in this preliminary accusation
of hi Ii crimes and misdemeanors against coordinate
branch government under the impeachng power tn
House refuse hear single suggestion even III regard
the mode of proceeding but, without moment
delay passed the accuatOy resolutions under the
of the previous question.
In institution prosecution any offence agans
the most humble citizen-and claim for myself create
rights than he enoyshe Constitution of the United State
and of the several States require that he shall be informed
in the very beginning of the nature and cause of the
against order to enable him to prepare for hi
defense There are principles, which might
crate less sacred presenting an mpenetrabe shield
protect every citizen falsely charged 18th criminal Oense
These have been violated in the prosecution instituted