The eastern clarion. [volume] (Paulding, Miss.) 1837-1863, 1860-04-18
spscIal Msssaes ID ths PYald0nt.



ty, a. a coordinate branch Of the Gov
eminent, 10 protest against the first two
clauses OF the first resolution adopted by
the House OF Representatives, on the
the 5th inst. and published in the Con-
gressional Globe on the succeeding day.
These clauses are in the following words
Resolved that a committee of Ave mem
bers be appointed by the Speaker. for
the purpose (trstj of investigating wheth-
or the President OF the United States, or
any other officer of the Government, has,
/ by money, patronage, or other improper
means, sought 10 influence the action OF
Congress, or any committee thereof, for
or against the passage Of any law apper-
tanning to the rights of any State or Ter
ritory land 2dl also, toinquire into and
investigate whether any officer or officers
Of the Government have, by combination
or otherwise. prevented or defeated. or
attempted to prevent or defeat. the eN-
ecuuon Of any law or laws now upon the
statute book, and whether the President
has Jailed or refused to compel the execu-
ton OF any law thereof"
/ oonine myself exclusively TO these
two branches OF the resolution because
the portions OF il which follow relate to
/
public buildings. and other public works
Of the United states. In such cases in
qulries are highly proper in themselves,
| and belong equally 10 the Senate and
House. a. incident TO their legislative du-
ties. and being necessary to enable them
to discover and to provide the appropri-
ate legislative remedies tor any abuses
which LEY be ascertained. Although the
terms OF the latter portion OF thSresolu-
tons are extremely vague and geneAl,
yet my sole purpose In adyerting 70 them
at present is 70 mark the broad line OF
distinction between the Eccusatory aud
the remedial clauses of this resolution.
| The House OF Representative possess no
power under the Constitution over the
first or accusatory portion OF the resolu-
| ton, except ~ an impeaching body
whilst over the last. in common with ,the
senate. their authority rs a legislative
body Is fully and cheerluily admitted.
II il solely in reference TO the hrst or
impsaching power that propose 10 make
q few observations. Except in tins sin
gle case, the Constitution has invested
the House OF Representatives with no
power, no jurisdiction, no supremacy
Whatever over the President. In all 9th
er respects he Is quite as independent OF
them a. they are OF him. As a cO-Ordi-
nate branch Of the Government, he Is
their equal. Indeed, he l. the only di-
rect representative on earth OF the peO-
pie OF all and each OF the sovereign states.
10 them, and to them alone. Is he re-
| sponsible 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 in
vest him with the most honorable, re-
| spOnsible. and dignihed Office In the
world and the individual however I'M
worthy, now holding this exalted position,
will take care, so tor as in him lies, that
their rights and prerogatiyes shall never
be violated in his person but shall pass
to his SUCCESSORS unimpared by the adcp-
ton of dangerous precedent. lie will
| defend them to the last extremity against
any unconstitutional attempt. come from
what quarter It may, to abridge the con-
stitutiOnal rights OF the Executive, and
render him subservient to any human
power except themselves.
The people have not confined the Pres
ident to the exercise Of executive duties.
They have also conferred upon him a
large measure OF legislative discretion.
No bill can become law without his APP
prevail, a. representing the people OF the
United states, unless II shall pass after his
veto by a majority of two-thirds OF both
Houses. In his legislative capacity, he
might. in common with the Senate and
the House. institute an inquiry to asCer-
tain any facts which ought 10 influence
his iudgmentin approving or vetoing any
bill.
4 IA. -, -, Az, ,,,,rr,r,,,sy,., "a
legislative duties between the coordinate
branches Of the Government ought to in
spire the conduct Of all of them, in their
relations towards-each other. with mutual
forbearanCe end respect. At least each
has a right to demand Justice from the
other. The cause Of complaint Is that
the constitutional rights and immunities
| 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 Rep. escntatives would be an
imposing spectacle for the world. In the
result not only his removal from the
Presidential office would be involved, but
what is of infinitely greater imbortanc,
TO himself. his character, both in the eye.
Of the present and of future generations
might possibly be furnished. The dis
grace cast upon him would In some degree
be reflected apon the character of the
American people who elected him. Hence
che precautions adopted by the VOnstitu
ton n secure a fair trial. On such q taial
10 drrirrv-s elsu.t sttL.. Chief I,aztir.. .i.all
| preside" This was doubtless because the
trainers Of the Constitution believed IL e
he possible that the Nioe-Presideut nigh
be biased by the fact that, "in case Of th'
removal Of the President from office.
"the same shall devolve on the Vice
President"
The preliminary proceedings in tn,
House in the case Of charges which ma,
involve impeachment have been well an,
, wisely settled by long practice upon prin
Ciples Of equal justice both 10 the accuse'
and to the people. The precedent e.
tablished in the case Of Judge Peck. o
I Missouri. in 1881. after a careful review q
! all former presidents. will. ! venture {,
A predict. stand the test Of time. In tina
case Luke Edward Lawless. the aecusei
presented a petition to the House, il
which he set forth infinitely and specit
cally his causes Of complaint. Hepraye
= that the conduct and proceedings in TN
T. behalf Of said Judge Peck may he il
r. quired into by your honorable body, an
!. such decision made thereon as to you
. wisdom and justice shall seem proper.
u This petition was referred to the Judiciar
Il Committee. Such has ever been deeme
II the appropriate committee TO make sim
lar investigations. Il is a standing con
mittee supposed 10 be appointed withou
u reference TO any special case, and at a
u times Is presumed 10 be composed of th
81 most eminent lawyers in the House iroi
different portions Of the Union, whose a
quaintance with judicial proceedings an
whose habits Of investigation qualify thel
2. peculiarly for the task. No tribunal, irOl
e. their position and character, could, in Il
!, nature Of things, be more impartial.
the case Of Judge Peck the witness,
% we're selected by the committee itsel
In with a view 10 ascertain the truth Of h
81 charge They were cross-examined I
n, him, and everything was conducted
seuh manner a. 10 afford him no reason
n bic cause Of complaint.
F In view Of this precedent. and, what
20 Of far greater Importance. in view Of Il
he Constitution and the principles Of etern
ia Justice, In what manner has the Preside
Of the United States been treated by q
House Of Representatives Mr.. Jol
n. Covode, representative from Pennsl
vania, Is the aocuser Of the President. |
~ stePd of following the wise precedents
OF former times, and especially that in {
~ case Of Judge Peck, and referring the
ic- cusation to the Committee on the Judic
81 ~, the House has made my accuser o
Of my judges,
To make the accuser the judge Is a v
TO lation OF the principles OF universal j.
- uce. and Is condemned by the practice
IA. all civilised nations. Every freeman mn
On. revolt At such spectacle. ! am TO 2
pear before Mr.. Covode. either personal
~ or by substitute, TO cross-examine {
IRE witnesses which he may produce bei'
or himself 10 sustain his own acoustic
aEainat me and perhaps even this p
boon may be denied 10 the President.
And what Is the nature Of the invc
CATION which his resolution proposes TO
ION stitutef II IL a. vague and general a.
OK. English language Affords words in VIII
b make Il. The committee is to inqul
not into any specific charge or charg
1n- but whether the President has, by n
.rr ney, patronage, or other improper mea
u. sought 70 influence" not the action
any individual member or members
rte- Congress, but "the action" OF the EN-
'ec- body "of Congress itself, "o lnny CO
pe. mittce thereof" The President mi
-. have had some glimmering Of the nat
OF the offence 10 be investigated had
lnd accuser pointed 10 the act or acts Of &
rr- Il rrnaa whfrh hn ars,.ht - ,,,ss or ~ deI