The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1860-04-10
SPECIAL MESSAGE
FROM THE PRESIDENT OF THE U. s.
To the House of Representatives.

ton, 1 find myself constrained by an lmperlous
sense of duty, as a coordinate. branch of the Fed
eral Government, to protest against the first two
clauses of the first resolution adopted by the House
of Representatives, the 5th inst, and published
in the Congressional Globe the succeeding day.
These clauses are in the following words:
"Resolved. That Committee of FIVE members be aP-
pointed by the Speaker for the purpose (frst of
yesgatine whether the President of the United States
any other officer of the Government has by money,
patronage or any other improper means sought to in
uence the action of Congress, or any committee there
of against the passage of any law appertainng
the rights of any State Territory: land 2d alsO,
to inquire into and investigate whether any officer or
officers of the Government have, by combination or
otherwise prevented defeated, attempted pre-
or defeat the execution Oft any law or laws now
upon the statute book and whether the President has
failed refused to compel the execution OF any law
thereof"
confinc myselfexcIusively to these two branches
of the resolution because the portions of it which
follow relate to alleged abuses in post offices, navy
yards public buildings and other public works of
the United States. In such cases inquiries are
highly proper in themselves, and belong equally
to the Senate and the House, incident to their
legislative duties, and being necessary to enable
them to discover and to provide the appropriate
legislative remedies for any abuses which may be
ascertained. Although the terms of the latter
portion of the resolution extremely vague and
/ SCHcISl, yCO SOlC Pun 'oSC III W IhSiL
at present to mark the broad line of distinction
between the accusatory and the remedial clauses of
the resolution. The House Of Representatives
possess power under the Constitution over the
first accusatory portion of the resolution except
as impeaching body; whilst over the last in
common with the Senate their authority as a legis-
lative body is fully and checrfuly admitted.
1t is solely in reference to the first impeach-
ing power that propose to make few observa-
I -: a.,
has invested the House of Representatives with no
power, 10 jurisdiction, no supremacy whatever
the President, in all other respects he is quite
independent of them as they are Of him. AS CO.
ordinate branch Of the Government, he is their
equal. Indeed, he is the only direct representa-
tive earth of the people of all and each of the
sovereign States. To them, and to them alone, is
he responsible whilst acting within the sphere of
his constitutional duty; and not in any manner to
the House of Representatives. The people have
thought proper to invest him with the most honor
able, responsible, and dignifed office in the world
and the individual, however unworthy, now hold
ing this exalted position, will take care, far
in him lies, that their rights and preroga:ives shall
never be violated in his person, but shall pass to
his successors unimpaired by the adoption of
dangerous precedent. He will defend them to the
last extremity against any unconstitutional attempt
come from what quarter it may toabridge the con-
stitutona rights Of the Executive, and render him
subscrvient to any human power except them
selves.
The people have not confined the President to
the exercise of executive duties. They have also
conferred upon him large measure of legislative
discretion. No bill can become law without his
approval as representing the people of the United
States unless it shall pass after his veto by ma
jority of two-thrds of both houses. In his legis-
lat;ve capacity, he might, in common with the
Senate and the House, institute inquiry to
certan-any facts which ought to infuence his judy
ment in approyn,; vetoing any bill
This participation in the performance of legisla-
tive duties between the coordinate branches of
the Government ought to inspire the conduct Of
all of them, in their relations towards each other,
with mutual torbearance and respect At least
each has right to demand justice from the other.
The cause of complaint is that the constitutional
rights and immuntieS of the Executive have been
violated in the person of the President.
The trial of an Impeachment Of the President
before the Senate, on charges preferred and pro-
secuted against him by the House of Representa-
tves, would be an imposing spectacle for the world.
In the result, not only his removal from the presi
dental office would be involved but what is of in
fnitely greater Importance to himself his character
both III the eyes OF the present and of future genera
tions, might possibly be'tarnished. The disgrace
cast upon him wOull in some degree, be reflected
upon the character Of the American people who
elected him. Hence the precautions adopted by
the Constitution to secure fair trial On such a
trial it declares that the Chief Justice shall pre-
side This doubtless because the trainers of
the Constitution believed it to be possible that the
Vice President mi ght be biased by the fact that
Sin of the removal of the President from Of
fce,'' "the shall devove on the Vice Presi-
dent"
The preliminary proceedings in the House, in
the case of charges which may involve impeach-
ment, have been we'll and wisely settled by long
practice upon principles of equal Justice both to
the accused and to the people The precedent es-
tablished in the case of Judge Peck, of Missouri,
in i 81, after careful review of all former pre-
cedents will, venture to predict. stand the test
of time. In that case Luke Edward Lawless, the
accuser, presented petition to the House, in
which he set forth infinitely and specifically his
causes of complaint. He prayed ''that the conduct
and proceedings in this behalf of said Judge Peek
may be inquired into by your honorable body, and
such decision made thereon as to your wisdom and
justice shall seem proper" This petition was re-
terred to the Judiciary Committee Such has
ever been deemed the appropriate committee to
make similar Investigations 1t is a standing COM
mite supposed to be appointed without reference
to any special case and at all times is presumed to
be the most eminent lawyers in the House from
different portions of the Union whose acouain-
lance with judicial proceedings and whose habits
of investigation qualify them peculiarly for the task
No tribunal, from their position and character,
could, in the nature of things, be more impartial
In the of Judge Peck, the witnesses were
selected nv tho oonmitfne itSalf with vi 70