Richmond daily Whig. [volume] (Richmond, Va.) 1842-1861, 1860-03-31

remedial clause of this resolution The House of Repre-
senatves possess no power under the Consuton over
the first or accusatory portion of the resolution, except
as an mpeaching body; whilst the last in common
with the Senate, their authority as a legislative body is
fully and cheerfully admitted
1t solely in reference to the first or impeachng pow
that propose to make few observations. Except
in this srge case, the constitution has invested the
House of Representatives with no power jurisdiction,
supremacy whatever the President In all other
respects he is quite independent Of them as they are
OF him. As coordinate branch of the government he
is their equal Indeed he the only direct representa-
tive on earth OF the people Of all and each OF the sove
reign States To Them and to them alone is he respon-
sibe whilst acting within the sphere of his constitutional
dut"; and not in any to the House Of Represen
tatves The people have thought proper to invest him
with the most honorable responsible and digued Office
in the world and the individual however unworthy, now
holding this exalted position will take care, so far as in
him lies that their rights and perogaves shall never be
violated in his person. but shall pass to his successors
unmpaired by the adoption of a dangerous president
He will defend them 10 the last extremity against any I'M
constitutional attempt, from what quarter 1t may
TO abrdge the constitutional rights of the Executivean
render him subervient to any human power except them
! selves.
The people have not confined the President TO the ex-
ercse Of executive duties. They have also conferred
upon hima large measure of legislative discretion No
bill can become law without his approval as represent
ing the people of the United States unless it shall pass
after his veto by Ority of twothrds OF both houses
In his legislative capacity he might in common with the
Senate and House, institute inquiry TO ascertain any
facts which ought TO influence his judgment in approving
| or vetoing any bill.
This participation in the performance of legislative du-
ties between the coordinate branches of the government
ought 20 inspire the conduct of all of them IN their re-
atons towards each other with mutual forbearance and
respect At least each has a right demand justice from
the other The cause of complaint is that the constu-
tona rights and immuntes 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 prosecuted against
him by the House of Representatives, would be an I'M
posing spectacle for the world In the result not only
his removal from the presidential Office would be nvo-
ved but what is ofiufnitey greater Importance to him
self his character both in the eyes of the present and OF
future generations might possibly be furnished. The
disgrace cast upon him would, in some degree be re-
Elected upon the character of the American people who
elected him. Hence the precautions adopted by the Con-
sttution to secure fair trial On such trial 1t declares
that the Chief Justice shall preside" This doubt
less because the trainers of the Constitution believed it
to be possible that the Vce-President might be biased
by the fact that Sin Of the removal of the President
from Office the same shall devolye on the VcePresi-
dent"
The preliminary proceedings in the House in the
Of charges which may involve impeachment have been
well and wisely settled by long practice upon principles
OF equal justice both to the accused and 10 the people
The precedent established in the Of Judge Peck OF
Missouri, in 1881, after careful review Of all former
prtcedents will venture TO predict stand the test of
time, In that case Luke Edward Lawess 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 Peck may be inquired into by your honor
able body and such decision made thereon to your
wisdom and justice shall proper" This petition
referred to the judiciary committee. Such has
been deemed the appropriate committee to make similar
Investigations 1t is standing committee supposed to
be appointed without reference to any special case and
! at all times is presumed to be composed OF the most
eminent lawyers in the House from different portions OF
the Union, whose acquaintance 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 case
OF Judge Peck the witnesses selected by the
mttee ITSELF with view TO ascertain the truth of the
charge. They cross-exanined by him. and every
thing conducted in such manner as to afford him
no reasonable cause of complaint
In view of this precedent and, what of far greater
importance, in view Of the constitution and the principles
of eternal Justice in what has the President Of
the United States been treated by the House of Repre-
sentatives? Mr.. John Coyode, representative from
Pennsylvania the Of the President Instead
OF following the wise precedent OF former times and
especially that in the OF Judge Peck and referring
the accusation to the committee the judiciary the
| House have made my accuser one OF my judges.
To make the accuser the judge is violation Of the
principles Of universal justice, and condemned by the
practice OF all civilized nations. Every freeman must
volt such spectacle. | am appear before Mr. Co
vOde either personally by substitute crossexam-
Inc the witnesses which be may produce before himself TO
sustain his accusations against and perhaps this
poor boon may be denied 70 the President.
And what tue nature of the investigation which his
resolution proposes 10 institutes It as vague and gen.
era the English language affords words in which
make it. Tie committee is to inquire not into any
specific charge charges but whether the President
has. by money, patronage. other improper msans,
sought to Influence, not the action Of any individual
member Of Congress but the action of the entire body
'of Congress ITSELF cor any committee thereof The
President might have had some gmmering of the
nature of the offence to be investigated had his accuseg
pointed to the act of Congress which he sought
pass defeat by the employment of money pat
! ronage other improper means But the accusation
is bounded by such limits. II extends to the whole
circle Of legislation; to interference fOr against the
passage Of any law appartainng the rights of any
State or Territory" And what law does not sppertain
20 the rights of some State Territory? And what law
laws has the President failed to execute These might
easily have been pointed out had any such existed.
Had Mr. Lawless asked al inquiry to be made by the
House, whether Judge Peck in general terms had not
violated his judicial duties without the specification of
any particular act DO lot 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
there has been such proceeding in England
The House Of Representatives, the high impeaching
power ot1he country without conserving TO hear word
OF explanation have endorsed this accusation against the
President and mqGet their They even refused to
permit member inquire ofthe Presidents accuser what
were the specific charges against him. Thus in this pre-
minary accusation OF high crimes and msdemeanorsT
against coordinate branch of the government, under
the impcacnC power the House refused TO hear sir
gle suggestion in regard TO the correct mode of
proceeding; but, without moments delay passed the &C.
cusatoy resolutions under the pressure OF the previous
question.
In tie institution Of precauion for any offence agau,
the most humble ctzen-and claim for myself 10 grea g
er rights than he euoys-the Constitution of the United
States and Of the several States require that he shall be
informed in the very beginning Of The nature and
OF the accusation against him. in order TO enable him
prepare for his defense There are other principles which
might enumerae, not less sacred presenting npen
etraOe shield to protect every citizen falsely charged with
criminal otense. These have been violated in the pros
ecuon instituted By the House Of Representatives against
the executive branch Of the government Shall the Pres
dent alone be deprived Of the protection Of these great
principles which prevail in every land where ray Of lib
ery peneraes the gloom of despoiism? Shall the
ecutve alone be deprived Of rights which all his fellow
liz ms enjoy? The whole proceeding against him us-
es the fears of those wise and great who before the
constitution was adopted by the States appreheaded chat
the tendency Of the government 10 the aggrandze
mcn OF the legislative at the expense of the executive
aud judicial departments.
again declare, emphatcaly that make this protest
for reason personal TO myself aud do it with per-
fees respect for the House Of Representatives. in which
had the honor OF serving member for five successive
terms. have lived long in this goodly land and have
enjoyed all The offices and honors which my country
could bestow. Amid all the political storms through
which have passed the present is the first attempt
which has ever been made, 10 my knowledge to assa
my personal or official integrity; and this the time is
approaching when shall voluntarily retire from the