Nashville patriot. [volume] (Nashville, Tenn.) 1858-1860, 1860-04-20

The undersigned does not claim for ine
President exemption from responsibility. Inc
Constitution marks bis responsibility. and
also devolves upon him many duties and OBJ
legations. He is bound to see that the laws
are faithfully executed, and is sworn to pre-
serve. protect aud defend the Constitution |
of the United States; and many other duties |
are enumerat. d in the Constitution. de IL
also liable to Impeachment by the House oil
Representatives.
tiou provides: The President. Vice Presi-
dent. and all civil officers of the United States,
shall he removed from Office on Impeachment
for and conviction of treason, bribery, or
other high crimes and misdemeanors;" and.
as has been stated in a preceding part OF this
report. the Constitution gives 10 The House
the power of impeachment, but to the Senate
;he power to try impeacbments; and the IN
dertiened states with much confidence that
there is no mode known 10 the Constitution
by which either House of Congress has the
pow er to iDfict a punishment upon the Presi-
dent except the one of impeachment. as set
forth in that instrument.
Il is asserted that as the House of Repre-
senIatives can examine into the conduct OF
its own members, aud signify It's disapproba-
iiOu of such conduct by way OF punishment,
il las alike the constitutional ulboriIy to do
the same as 10 the President or any civil Of
fer Of the United Stats II is freely and
fully conceded that the House may examine
into any abuses or alleged abuses in the adj
ministration of the Government for the pur-
pose OF bringing to punishment any civil Off
Ger of the United States no has been guilty
of high crimes and misdemeanors, or of pro-
viding r, medy for what the Legislature may
regard as a defect in the existing laws 1t is
made the duty of each House Of Congress to
| consider OF aud act upon legislative pToposi-
| tiOns, either to enact new laws or TO amend
or r, peal old ones; and in dschareing that
/ duty either Can institute an investigation TO
| learn the character, cause, and extent OF the
evil which is proposed 10 be remeditd: and
in such examination the conduct of any offi-
! Ger of the Government, high or low, that may
have reference to -snrh legislation, may be
investigated. aud the result reported TO the
/ House ordering the committee. But the pro-
| per limit upon even this power is that it must
be necessary TO enable The House the better
/ to perform It's legislative duty.
| Nor does the President in bis message deny
or conirOvert this propositions; on the con-
| trary, he afirms it, And in such investiga-
ton the undersigned feels warranted in say
ing that every facility would be afforded
| committee of either House TO probe to the
bottom any defects or abuses that might be
alleged to exist.
The message also states that the power of
| the House TO examine into charges against
the President with a view TO punishment.
which can only be by impeachment, is I'M
questioned and ample.
The Constitution gives the House of Rep
resentativcs the power 10 judge of The con-
duct of its own members, and punish them for
disOrderly conduct. 1t gives no such power
over the President. True, il may impcacb
him for treason, bribery. or other high crimes
and misdemeanOrs," but it can impeach him
for nothing else. Any behavior of the Presi-.
1ea bon, II ff,Pn Sh
grounds for his impeachment unless it come
within the provisions of The Constitution; and
hence the House has no authority to punish
him for il.
The correctness of this position was admit
ted in the debate in the House on the day thu
message received, as the following ex-
tract will show:
IF this House proposed an impeachment of
of the President by one of its committees, the
Presidents view would be correct. They
have no power to do such thing as that.
They must present their impeachment, and
the Senate must try it, if they propose to ini-
peach the President But the question whetb-
IT or not improper influences have been used
by any body to affect the legislation Of the
country, is proper subject for inquiry and
Investigation by the representatives of the
people. 1t carries with it no penalty or the
inffiction of punisbment.'-Mr. GrOnc
This extract is reproduced for the purpose
of distinctly marking the admissions contain
ed on it; the latter branch of it will be re-
ferred tn again in this report. The Speaker
fully admits that there is no constitutional
mode of Furnishing the Pr sident except by
impeachment. Observe bis language: III
this House proposed ar impeachment Of the
President by one OF its committees. the Presi-
dents view would be correct" But his ar
gument is understood as intending to show
that the proceeding under Mr.. CovOde's reso-
luton is not au impeachment, but mere in
vesIigatiOn, to Zee whether improper iniu-
ences have been used to affect legislation,
which he says carries with it mo penalty or
The Hf'cfion Of punishment"
In view of such admissions, question very
naturally arises as TO the import of the term
'.puu,ishHent" Happily, however, the House,
10y its uniform practice, has Furnished the an
swpT. The Constitution gives to the House
of Representatives the power to punish IFS
members for d,sorderiy JehaUOr;;" and in the ex-
ercise OF that power it has given its under
standing of that term. and has, in more in
stances than one, inflicted punishment upon u
member by disappointing his conduct The
Constitution does not define what punishment
the House may inflict upon its members. ex-
ctpt in one instance, when il provides that,
with the concurrence Of two thirds il may
expeI n member. The House was left to con-
strue the term punish, well a its powers
under that term, and in the cases in which it
has inflicted punishment upon its members
it has employed different modes of expression.
In the case of Joshua Il. Giddings, of Ohio,
the House passed the following resolution:
"ResoLred. That this House hold the con-
duct OF the said member as altogether I'M
warranted and unwarrantable and deserving
the severe condemnation Of the people Of this
country. and Of this body in particular
Here Mr. Giddings rds punished by the House
Other analogous cases might he referred TO.
but it is regard a. quite unnecessary 10 spe
city them, rs the proposition seems too clear
for controversy or doubt. TIE House. then
has fully settl' d that its censwe or d,S9pprobd-
tiOn Is punishment. Ii matters not in what
language the disapprobation NAV be express
I'd. Or in what terms il may be- made known.
ANY formal rcsnlve of the House for the mere
piHPose OF expressing its disapprovs al of the
conduct OF 4 member or of an officer is pun
ishment.
Not only is IL n Punishment TO vote a cen
sure upon an offie.r-to condemn his con-
duct such--but il is also punishment.
and n harsh one. tea allow ragIe and uide fafs
charges 20 be isSiHuats9 against him, based
upon no responsible statement; to have them
referred - an prTfe committee for pre-
teH9sd investigation. and allow that commit
Tee, composed in It's majority OF the most hit
ter aid implacable enemies and persecutors
OF such oficrr, performing more nearly the
duties OF prosecutors than of judges, To- re-
port whatever az JzTrfe evidence they may
chance Ia procure. Such committee. instead
of holding the scales in fair balance. with
view To the ends OF jlstce, will b. far more
likely o. hunt up from the dregS of society
disappointed seekers for place aud for job
who have 10y puofigate conduUt renderc,.
themselves bankrupt in purse aad in charac-
Z "a % ~ he
and of ~uch m-n make witnesses. aud eX-
anime them In secret. without even the
kaon L d &c Of the accused officer. report such