New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-04-10

limits OF the ConstftutOos TOE former is subject not
Only TO the Constitution, bat TO the determine tions of
the later ALEC. To repeat che point: the President
not IN any respect superior TO he citizen merely boz
came he Is bound 10 discharge numerous duties;
and he s not coequs with t,at branch Of Govern nent
With helpe to impose and define those datiss The
fact that be holds limited veto over the legislation of
Copeess caCnot affect the soundDess of tue vie here
briefly presented. His claim to Legislative capacity"
In ether words, to possess Legislative power, will
scarcely be conceded in view of article |, section OF
the CoBetut on. debating that all legislative po "
eis herein hereiD gran ted shall be vested ia Con-
erefs of the United States whicA shall consist Of
" Senate and House Of Representatives."
The President, it will be observed throughout his
Metssge, assumes thai the resolution TO which he
makes reference charges hun With the commission of
high crimes and misdemeanors. Tnis was necessary
10 the argument he has advanced It is for such
charges only the House has the DO yer of shine at
The grGramen of his complaint is that the atons
are of such nature as II true, would subject him 10
an impeachment aud that the House has proceeded to
PASS upon them, or lie moving TO pass upon them,
through form of proceeding not authorized by the
Constitution Herein lies the fallicy, that which,
unexpoeed might operate the deception OF the plea
II this were in TRUTH charge a. anst the President,
calling for the form of trial prescribed by the Constt-
ton then the determinations OF this House might pos
sby he ed TO auimadversion. Unfortunately for the
attempted defense OF that officer, there il no charge
made Of any grade of o1ense calling for trial OF any
kind II is a mere inquiry thar Ii proposed. The
language Of the resolution may be cited as the best
proof TIE Committee raised is " for the purpose of
i inrestigating whether the President of the United
Estates or any other officer OF the Government, has,
81 hv money patronage, other improper cams,
sought 70 Influence the action of Congress, or any
Committee thereof" &c.; also, " 10 inquire into
" and inrestig0te whether any officer ana officers
of the Government have, by combination
Exempted to prevent and defeat the execution
" OF any law or laws" &c aud whether
the President has failed refused TO compel the ex
ecuiion of any laws" &c. 1t no crninslty is al
Legged but, on the contrary, an INJURY
alone is proposed, the question may be asked, with
ru ing force and emphasis, What hae the House to do
with the law of Imprisonment Inc resolutions do
lot contemplate judgment, and therefore there can
be no formal trial under tnem. Bot, admit charges
troper for impeachment were made, would the House
be bound TO submit the meter 10 auy particular Com
nittee and allow The accused cross examination,
the President seems 10 suppose by no means. Inc
Constitution rresc,ibes DO rules for the House, but 1t
is left perfectly free to adopt its own. 1t may refer
tie charges 10 Standing Committee or Select Com
miltee or it may proceed without the lnerveoon OF
either II may allow cfoss-examlnaton, or deny II,
az to it's members may seem most proper AZ the
time The precedent sos IN the case OF Judge Peck
upon which great 70 laid cannot take away the
full discretion allowed by the Constitution, nor make
the law either shorter or narrower than 1t s written.
In such ch House vi Representatives will de-
teTmne for tself it's mocc OF procedure without sug-
eestions from " coordinate, and rely upon the high
esi law as it's charter There is no Judge PRECEDING
over The RepreseJ OF the sovereign people OF the
sovereign States to teach and mcucate Legal proPre-
ties When they shall permit even The President TO do
So then there will be law superior to the Constltu-
ton and discretion locked ia chains.
The resolution of the Senate OF the 18th OF March,
1894 upon which the President seemingly had his
q, in the preparation of his protest. presents case
yery different from the present one. That body re-
eolved az follows:
inas in relation 10 the public revenue, has assumed
upon himself authority and power not conferred by
the Constitution and laws, nut Ia derogatlon OF BOTH
The complaints made by President jackson to this
proceeding were, that the acts charged upon him
constituted OF the highest crimes winch that OH Ger
can commit impescbable from It's very nature That
the Senate as his constitutional judges IN such case,
not only accused, but found hun guilty OF the charge
without any opportunity on his pat to defend himself
And MIR. Buchanan, January 10 1885, speaking on inc
subject declared that the Senate had traDscended its
constitutional poH because the resolution charged
an inueacbable ofeDse against the President. That
criminal intent was )ved in the charge as 1t was to
be presumed from an illeg,l or criminal act.
The resolutions of the House, on the contrary, do
not even imply censure, much less pass Judgment.
They propose an examination merely, sach as may De
instituted by any member OF society against any Otuer
member Of society to test informally Ell her honesty
or respectabty. And has il ever been conceived be-
fore that such prvilege-that OF inqulry-does no,
pertain 10 every human being The facs That such III
vestieaon may lead TO the conclusion that the patty
against whom 1t ia brought to bear s guilty OF nefa-
Iious practices, cannot affect the right; 1t Is pseliml
nsry to accusation, trial, and Judgment 81 here 1t
cal not be made an objection 10 the acuon OIL the
House that evidence may thus be found tslntns the
ofRcsl character of any or many officers of Govern.
uept, III 1t shall be fUand IN o2ecuu6g the command
of the resolutions that the President IL open To d.
rect charge of high crimes or misdemeanoJs II wni
but prove the wisdom OF the processing IAen, ana
ROT MI then NAV the party sought TO be implicated de-
mand the full hearing secured 10 him by the ConslIu
ton As vet ne is subject TO the law OF the citfSen
hereafter, possibly, he may invoke the law OF the
officer. ,,,,..,- -.
ence TO the protect of lS34tha it was not presented
10 the Senate during tho consideration Of the res0lu-
ton. Itswas not till after formal determination
aesinst him that the President demonstrated. Here
tbe interrogation comes TO prevent all investigation.
Their i lent esteems it Z" a violation Of the lncl-
niles of universal Justice that the member moving
the resolution should have been appointed one OF the
Commit &c provided for by it. His ten years OF ser
vice as com ponent of this body, of which he refunds
M not to speak of his prolraced Senatorial career,
ought to have enabled him 10 recall 10 mind the prece
dents of Congress III such cases. ms ls new ana
startling obe etion condemnDg, as II does In terms OF
severe Teproaeh pract III legislation coeXtenslve
Vol nnr national existence Certainly IL has been the
prsctice 10 appoint the mover Ot special inquiry
chairman Of tne Committee raised Mr. Cushlng, IN
his Law and Practice says; On the occasion Oh
the apnoiu meut to prepare articles OF impeachment
4" AGAINST Lord Melville, which had been ordered on
" The motion of Dir. Whtbread, that gentleman was
" Frat appointed one OF the COMMITTEE raised. "A
reason for this 49, doubtless TO be iound IN the
III III ptIUn that the pereon proposing examination mas
prcnnds TO believe It important aud 49, on thai ac-
count the best qualified 10 conduct the proceeding.
The President lkewise disappTOves in terms OF Sc
very OF the phrSseOlogy and scope VI Inc RESOLUTION
His e. preston is IL ~ as vague and general rs the
English language affords words Ia winch 10 make l
II n he rue az before urged, that there 10 general
right 10 INQUIRE into the cOndGct OF private czens ana
p1ulc ofcers, which may or may or not look 10 accu
seton and trial, then the remark slnKs 10 caVn'
ndr tuch circumstances Is not necessary to apprse
HON "a y.