Nashville patriot. [volume] (Nashville, Tenn.) 1858-1860, 1860-04-19

course of tbe majority of the House IN adopt
ing these clauses Of the resolutions OF the5th
of March, that two members of the House
were expelled during the thirty fourth Con-
gress upon charges more vague and indef-
mite than those implied in these clauses. AID
upon this ground, those saying so, would have
il inferred that the action Of the House IN
the case referred to, was of the same charsc-
ter with that had when the resolutions OF the
5th of March were adopted But this is not
80. In that case, no person was named 10
the resolution; and specific charge was
made against the unknown persons incnlpa-
ted. That charge was Combined in preaEa-
bic and resolution in the following words
Whereas, certain statements have been
| published, charging that members of this
! House have entered into corrupt combine
lions for the purpose of passing and of pre-
venting the passage of certain measures now
| pending before Congress: therefore
Resolved, That q committee consisting OF
five members be appointed by the Speaker,
| with power to send for persons and papers,
| to investigate said charges; and that said
| committee report the evidence taken, and
what action, in their judgment, is necessary
| on the part of the House. without any un-
necessary delay.
The charge thus made was a specific
charge. for it stated a distinct fact constitu-
| ting the alleged offenee-that is, first, a cor
| rupt combination of members /; and second
the time when and place where the fact
| tranFpired, viz: during the then session of
Il Congress, and in the House itself But
| though this was SO, and the papers of the
day teemsd with such charges, still the
f.! House refused to proceed upon them and
raise committee to inquire into their truth
until probable cause was shown by crcdi-
| BILE witness. The House did not adopt the
resolution and enter upon the inquiry until q
| member rose in his place and stated, under
all the responsibilities of a representative,
that Il member bad made corrupt proposal
to him OF the character charged, and that he
had good cause to believe and did believe
that there was such a combination Of MEM
bers.
And how is il in the proceedings recently
adopted by the House against which the
President has made his solemn protest? No
distinct fact constituting an offence is set
forth. The inquiry instituted is limited 10
no period Of time--to no class of persous-to
circumstances traDspiring at no particular
I place; but his who're official life is made the
subject of investigation by the House, through
a committee clothed by it with extraordinary
and lnquisitorial powers. when not one par
! ticle of evidence. not one syllable of testi-
/ mony inculpating him in any degree what
2 ever had been placed before it.
But the proceedings of the House in the
J case Of the expulsion of members during the
thirty fourth Congress has no analogy what
ever with those now instituted by il against
1 the President. The House. by the Constitu-
/ tion is permitted to determine tor itself the
/ rules of its proceedings, and has the sole
/ power ofpunishing its members for miscon-
duct in their representative capacity. 1t is
J not so. however. with respect to the incum-
] bent of the Presidential Office. The House
has no peculiar authority over him. He is Sc
I'd nf h.
the direct votes OF the American people He
F. ls the representative OF the sovereignty of
the United States in their intercourse with
foreign nations. His duties are prescribed
with exactness in the constitution; and, by
I the provisions of that instrument, the execu-
tive power, TO be exercised by him under its
authority, is coordinate with that of the
, Legislative department vested jointly in the
two houses of Congress.
Under such circumstances it is obvious to
all thai the puhlie interest, and, indeed, the
very success of our scheme of government.
requires that the magistrate, TO whom is in
trusted the discharge of the many important
and delicate duties dcvolved on the Presiden-
tial Office, should be protected from all inter-
ference in such a manner that he may at all
times be perfectly free TO exercise the discre-
ton vested in him by the constitution and
laws whilst acting within the scope of the
powers delegated to him under their author-
ty. And this is what the constitution has
done 1t makes the President completely in
dependent of the other departments of the
government whilst he acts within the line of
his duty; and IL gives no right to any other
depar ment of the government, or to any man
or any body of men, to institute an investi-
CATION into his Official conduct, unless it be
with a view to his removal from Office on
impeachment for" treason, bribery. or other
high crimes and misdemeanOrs." When there
il any reason TO believe that the President of
the United States has corrupily administered
the duties of his great place in violation of
bis oath of Office, it is the duty of every man,
whether in private or public station. 10
make known the facts. justifying such be-
lief, which have come to his knowledge, with
view 10 his trial and conviction under the
authority OF the constitution. But il is equal
ly true that no one, without mourning just
censure, can question or reflect upon the of.
fetal conduct of the President by imputing
to him the commission of a crime, when he
has no personal knowledge of any fact au-
tbOrizing such an imputatiOn, and no evil
dence OF the kind has been given by any 9TH
err person. Aud if this be true with rep, ct
to ordinary individuals, how much more :rue
is it that such conduct is unbecoming rep
rrsentative of the American people, in a
House OF Repres eniatives acting in its collec-
tive capacity through the votes of n majority
of its members? Public bodies like indiyid-
nails in their intercourse with zach other, are
bound to the Observance of all the proprie-
ties of life. This obi CATION. which is imposed
on them in the public interest, was lost sight
of by the House when it threw an imputation
upon the official integrity of the President
without having any evidence on the subject
, before it; and the undersigned is constrained
to say. that. in his opinion, that action of the
House was breach of all those rules of de-
cency and decOrum which should obtain, be-
tween different departments of the same gov
srnment, for the preservation of that hsrmo-
ny and kind feeling between them which are
essentialfto the easy and proper transaction
Of the public business.
1t il the imperative duty of the House to
institute proceedings against the President,
if there is any reasonable ground for the be-
lief that he has been guilty If the violation
Of his official duty under the Constitution.
When any fact is made known bv any COM
petent evidence which IL calculated To raise
against him a presumption of that kind. no
matter how slight that presumption may be,
| shall he among the first to demand action
against him. But j. there any proper fonnda-
ton for the inquiry into the conduct of the
Presd' mt. which has teen authorized by the
Houst? The undersigned is compelled 10 say
that th're Is not. Nay. more. am CO 1strain-
I'd to declare. and do IL with pain that an
examination of the resolutions adopted by the
House, coupled with the circumstances ac-
campaigning their presentation and passage,
afford just ground. in my opinion, for the
belief that the proceeding against the Pre~i-
dent which l. the subject of his protest, was
not instituted in good faith aud that IL is not
based ON any ground, real pretended,
brought 10 the notice OF mrmbers, which
would afford even color or eIeus' for en-
gaging ia the inquiry Contemplated. And
this Will HeW proceed to show.
The House. in its action on the 5th of
Mar.h ad..IaIad I,r,.la. IL.