Lynchburg daily Virginian. [volume] (Lynchburg [Va.]) 1852-1861, 1860-04-13
Railg Niraiaiaa.
Tho Presidents Protest.

tignting Committee, is overwhelming in argument
and conclusive by tho rrecedents established -
After recapituatng the principal points of oljec-
ton raised by the President, the Committee sny
"In consideration OF the high source from
which the manifesto proceeds, tho Committee pro-
fer to eoniinc themselves to an examination OF the
postulates Of the paper. however obnoxious to
or ticsm its general tnnc may bo on tho score OF
taste and temper. But they cannot restrain mn
expression Of their deep regret that an officer who
prides himself upon the fact that "thc people have
thought proper to invest him with the most hon
orablo. responsible. mud digIsied office in the
world, and who declares ho feels proudly con
scous thero is no pubic net Of his (my) lilo
which will not bear the strictest scrutiny and
that he deacs 'al investigations" should forgot,
amid the surroundings of place and power, and
iattcry that he is but the servant ot that same
people, aud TINT he should shrink back in anger
and terror from simple inquiry into his s,ow,
ndship. This is the first time under ropubllca
Chief Executive has left II recorded admission
that he has hrcn made oblivious Of tho origin aud
ephcmeral character Of his position by the rcscl,
rics If its en- 'ymcnt. Tu distinguish such con
duct by appreciation would be to sanction kinrly
prerosn,i,e, and to proclaim TINT rightful rule
came "hy the. grace ol God" and not from the
confidence Of men. Tho nation, always chnritn'
BILE in the intcrpl citation of acts and motives, Is
not prepared t. overlook such delinquency.
Proceeding to argue the power of the House 10
institute my investigation into the conduct Of the
President. the Report holds this language:
Tho President, it will be observed throughout
his message, assumes that the resolution to which
he makes reference charges him with the commits
sion Of high crimes and misdemeanors. This
was necessary to the argument he has advanced.
1t is for such charges only the House has the pow
or OF impeachment Tho grdrdmcn OF his COM
complaint is, that the accusations arc of such II
nature ns, if true. would subject him to an i'm
parchment, and that the House has proceeded to
pass upon them, or is moving to pass upon them,
through form of proceeding not authorized by
the Constitution, lerin lies the fallacy, and TINT
which. unexposcl, mi ght operate ms the deception
OF the nlcn. If this were in truth charge n
ganst the President calling for the form of trinl
prescribed by the Constitution, then tho deter
| limitations Of this House might possibly be open
| To animadyerslon. Unfortunately Tor tho attemp-
ted defence Of that officer, there is no ehDge
made If any grade Of offence calling fir trial of
any kind 1t Is mere inquiry that is proposed
| The language of the resolution may be cited ns
the best proof. Tho committee raised is "lor the
purpose of investigating whether tho President of
:he United States my other officer of the Gov
ernmcnt hns, hy money. patronage, or other I'M
proper means, sought to influence the action OF
Congress, any committee thereof" &c; also,
| ito inquire in'0 and nresiigdie whether any uf
fcer and officers of the Government have. hy
! combination or otherwise. prevented aud deented
| or attempted to preyent nnd defeat the execution
Of any law or laws" &a; AMI whether the Pre-
sident has failed or refused to compel tho execu-
| tim Of any laws Nc.
! II no crmnalty is allecel, but, on tho contrh-
ry IN investigation or in9Hi,y alone is proposed,
the queation may be rsked. with ruling forec and
| emphasis what has tho House t., do with the law
| of Impeachment? The resolutions do not con
| template a Judgment. aud therefore there can he
| al H,,tt oh.
proper for impeachment wero made, would tho
House he bound to submit the matter {, any par.
| ticuar committee. and allow the nccu ed cruss-
examination, as the President seems to suppose
Bv nn means, The Constitution prcscrihes no
rules for the House, hut it is left perfectly free tp
adopt its own. 1t may refer the chnrgcs to n
standing cnmmiite , or select committee. or it
may proceed without the intervention Of cilher.
1t may allow crns>-exnmiiatiOn, ur deny it, IA to
It's members may seem mos. proper al tho time.
The precedent set in the case Of Judge Peck. ~.
which great stress is laid, cannot take away
the full discretion allowed Lv the Constitution,
~ make the law either shorter or narrower than
it is written. In such n case each House of Rep
! rescntatyes will determine fer itself it, mode OF
procedure. without suggestions from "cb-ordl.
rate, and rely upon the higher law as it's chnrt-
or. There is no judge presiding over the repre-.
senaves III the sovereign people nf the save
reign States To teach and inculcatc legal propric-
to do So, then there will be law superior to tho
Constitution, and discretion locked in chains.
OF the discretionary right to engage in such an
investigation, the Committee say:
II e consirntionnily, the legality, md the au.
thorized exredieney Of the inquiry proposed bv
the resolutions being. ms it is believed, amply vim
dicated, question remains in respect u it, ex-
ccpt such as might address itself 10 the discretion
Of llouse. IT, by the proceedings to remedy
mischief. n greater mischief would De likely to
follow then q welregulated prudence would in
dicatc it's abandonment. The President in his
protest suggests such danger, and rests his re-
sistnnce upon it. 1t is thus expressed: " The
whole proceeding against him justifrs the fears
of those wise and great men who, before the Goa
stitution was adopted by the States. apprehended
that the tendency OF the Government was to be
the aggrandzement of the legislative at the cx-
pense of the executive and judicial departments"
II. indeed fears Of Legislative aggrandizemcnt
should ever have existed, the cause Of those fears
is left in great obscurity The history Of the
Constitution, through all stages of its formation,
its adoption ly the several States, and the
spcuous difference between the great political
parties Mt the time, would seem 70 deny tho exist
eneo Of any such apprehension. The strong sen
tnent Of the Democratic party through its whole
struggle with the Fcdcraists, until the election of
jefferson. was directly the reverse of the Presi-
dents statement. In the Convention which form
e1 the Constitution, Jealousy Of the Executive
branch Of the proI Insed government was great.
even. as the kindred jealousy against the probable
encr ,achments of tho Federal Government upon
the Independence and sovereignty Of the separate
States. In that body it was even proposed that
the Executive should he removable by the Lesls-
lature, without impeachment or conviction of high
cri nes and misdemeaH0rs
As further manifestation ofthat feeling, IL was
proposed that the Executive should be plural. Madi-
son and Randolph urgently supported IL measure