Nashville patriot. [volume] (Nashville, Tenn.) 1858-1860, 1860-04-02
Presidenr,s Message.

The following special Message from the
President was read in the House Of Represen-
tstives on the 29th ulf.:
To the House of Representatives..
After delay which has afforded me am
pie time for reflection. and after much and
careful investigation. find myself constrain--
ed by an imperioas sense of duty as co-or-
dinate branch of the Federal Government.
to protest against tine first two clauses of the
first resolution adopted by the House of Re-
presentaiiyes on the 9Th inst, and published
in the Congressional Globe on the succeed
ing day.
The clauses are in the following words:
First. ResolUed, That committee of five
members be appointed by the Speaker, for
the purpose of investigating whether the
President of the United States or any officer
of the Government has, by money, patron
age or any other improper means, sought to
influence the passage OF any law apperIain-
ing to the rights of any State or Territory,
and "a - ~ -
Second-Also to enquire into and investi-
gate whether any officer, or officers of the
Government has, by combination OF other
wise, prevented or attempted to prevent OF
defeat the execution of any law or laws now
upon the statute books. or whether the Presi-
dent has failed or refused 10 compel the exc
cution OF any law thereof"
branches of the resolution, because the por-
tons of it which follow relate TO alleged
abuses in the pOstofice, navy yards. public
buildings and other public works OF she
United States.
In such cases inquiries are highly proper in
themselves and belong equally to tile Senate
and House, as Incident 10 their legislative
duty and being necessary 10 enable them To
discover and provide appropriate legislative
remedies for any abuses which may be assert
ed.
Although the terms of the latter portion
of the resolution are extremely vague and
general, yet my sole purpose in advertIng to
them, at present, is to make the broad line
of distinction between the aceusatory and
remedial clauses OF this resolution.
The House of Representatives possess no
power under the Constitution. over the first,
or accusaiory portion of the resolutions, ex-
cept as an impeaching body; whit over the
last, in common with the Senate, their aii-
thority as a legislative body is fully and
cbeerfully admitted.
Ii is solely in reference to the first, or i'm
peaching power. that propose to make few
Observ atoms. Except in this single case. the
Constitution has invested the House OF Rep
resentatives with no power, no Jurisdiction,
no supremacy whatever over the President
In all other respects | e quite as indepen
dent OF them a. they are OF him. As c. Or
dinate branch of the Government he is their
equal. Indeed, he is the only direct repre-
sentative on earth of the people of all and
each of the sovereign States. To them and
to them alone is be responsible. whilst acting
within the sphere of his Constitutional duty.
and not, in any manner to the House OF Rep
resentatives. The people have thought prop
er to invest him with the most honorable, re-
sponsible, and dignified Office in the world,
aud the individual, however unworthy. now
holding this exalted position, will take care,
so far in him Lies, that their rights and
prerogatives shall never be violated in his
person. but shall pass to his SUCCESSORS, I'M
impaired 10y the adoption of a dangerous pre-
cedent. He will defend them to the last ex-
tremity against any unconstil utional attempt,
come from what quarter 1t may, to abrldge
the Constitutional rights of the Executive,
and render him subservient to any human
lower except themselves.
Tue people have not confined the President
TO the exercise of the Executive duties. They
have also conferred on him large measure
OF legislative discretion. No bill can become
law without bis approval, representing
the people OF the United States, unless it
shall pass after his veto, by majority of two
thirds of both honses. In his legislative Ca
pacity, he might, in common with the Senate
and House, institute an inquiry to ascertain
any facts which are to influence bis Judgment
in approving or vetoing any bill. This par
ticipating in the performance of legislative
duties between coordinate branches of the
Government. ought 10 inspire the conduct of
all of them, in their relations towards each
other, with mutual iOrbearance and respect
At least. each has a right TO demand justice
of the other.
The cause of complaint is that the consti-
tutional rights and immunties of the Execu-
tive have been violated in the person of the
President.
The trial of an impeachment of the Presi-
dent before the Senate on charges preferred
and prosecuted against him by the House of
Representatives, would be an imposing spcc
tacle for the world. In the result, not only
his removal from the Presidential office
would be involved, but what is of infinit, ly
greater Importance TO himself, his character,
both in the eyes of the present and future
generations. might possibly be furnished. The
disgrace cast upon him would in some degree
be reflected upon the character of tue Ameri-
can people who elected him. Hence the pre-
cautions adopted by the Constitution to Sc
cure a fair trial. On such trial it declares
that the Chief Justice shall preside. This
was doubtless because the trainers of the
Constitution believed it to be possible that
the Vice President might be biased by the
fact that III case OF the removal OF the Presi-
dent from Office. the same shall devolve upon
the Vice President.
The preliminary proceedings in the House
in the cases of charges. which may involve
impeachment, have been well and wisely set
tied, by long practice. upon principles OF
equal Justice, both to the accused aud to the
people. The precedent established in the
case 81 Judge Peck OF Missouri in 1881, after
a careful review OF all the former precodents,
will, / venture TO predict, stand che test of
time. In that Case, Luke Edward LawlesS,
the accuser. presented a petition TO the House
In which he set forth infinitely and specifieal-
ly his cause of complaint. He prayed thai
the conduct aud proceedings in this behalf OF
the said Judge Peck, may be inquired into 10y
your honorabie body. and such decision made
thereof as to your wisdom and Justice shall
seem proper. This petition was referred 10
the Judiciary Committeeman has ever been
deemed the appropriate committee to make a
similar Investigation.
Ii is a standing committee, supposed to be
appointed without reference to any special
case. AID at all times is presumed to be COM
posed Of the most eminent lawyers in the
House from different portions of the Union.
whose acuuaintance with judicial proceedings.
and whose habits OF investigation qualify
them peculiarly for the tack. No tribunal
from their position and character could be
more impartial.
In the case of Judge Peck, the witnesses
were selected By the committee itself, with
view to ascertain the ruth OF the charges.
They were eross-examined by him, and every
thing conducted in such manner to afford
bin no reasonable cause for complaint
Ia view al this precedent. and. what is of
far greater importance, in view of the Con-
stitntion and the principles of eternal justice
in what manner has the Presiden; OF the
United STATES been treated by the House OF
Representatives..
Mr.. John Covode, a Representative rom
Pennsylvania. is an accuser of the President
Instead OF following the wise precedent of
former times, sad especially that in the case
of Judge Peek, and referring the accusation
to the Committee on the Judiciary, the House
has made nv accuser one Of my judges.
To make the accused she judge is viola