The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1860-04-18

lNr any OthtT OlHcer al TIE nvscrhhcHt Hasi
by npnry, patronage. or 0ther Improper
means, sought 10 otluruce the actian OF Con-
sress. or any committee thereof" &c. alsU.
!. To inquire into and iatesiigaie whether any
officer az officers If the Government have.
llby combination or otherwise, prevented and
defeated, nr attempted to prevent ard defeat
the execution of any law or Laws" Sc, and
/. whether tie President has failed Or refused 10
compel the execution ot any law or laws. Sc.
Ii NJ crimin,li,v il alleged. out. On thc con.
llfary, an investigation or inquiry alone is
!. prapr0sed, the questi u may be asked with
ruling torce aud emphasis, what has the
, House to do with the law Of Impeachment:
The resolutions do MT contemplate a judg-
mrnt. ani therefore there can be 10 formal
trial under them Hut, admit charges pro-
per for impeachment were made, woil the
, linuse be bound TO submit the matter 10 any
particular committee. and allow the accused
a cross. examination, a. the presldeLt seems
tn suppose: BY no iaeans! The Constitution
prescrlbes M rules Tor the House, but it Is
left perfectly free to adopt its own. Il may
refer The charges 10 a standing committee,
{ or select commlttee, or it may proceed
without the intervention Of either. 1t may
allow cross.eSamieaton, or deny il, as To lis
members may seem most proper At the time.
The precedent set in the Case OF Judge
Peck, upon which great stress Is laid, can
not take away the tull discretion allowed BY
the Constitution, or make the law either
!. shorter or narrnwer than il j. written. In
such case each Huuse OF Representatives
will determine for itself its mode ii prnre
ltn, a = tn 4.
nate, and rely upon the hgaest law as It's
charter. There is'no Judge presiding over
; the representatives of the sovereign people
d thr sovereign States to teach and lncul-
cate legal pruprietles. When they shall per.
NIT even the President to do 80, then there
will he a law superior 10 The Constitution, and
a discretion locked m chains.
The resolution Of the Senate Of the 28th
of MAJ ch, 1884, Upon which the President
!. seemingly had his eye in the preparation Of
his protest, presents case very different
from the present one. That body rcsol,ed
as follows:
" fha, the President IL the late Executive proceed
ings in relation 10 the puhc has assumed
On himself AUTHORITY and power not conferred hN The
j Constitution aud laws but deiosalion Of both
E The complaints maize BY President jackson
E to this proceeding were that The acts eharg
! ed upon him constituted one 1T The highest
: crimes which thatnlHcer can commit, mpeacll-
aOle irnm lts,rry nature that the Senate. II
his constitutional Judges Ia sacn case. not
r only accused. but found him guilty 81 tht
E charge, without any oppnrtuuit, on his part
], To defend himself. Ana Mr.. Buchanan. jan
uary 10, 1887. speaking on the subject, de.
: IL E..t -
!. constitutional power, because the trsnIuuon
: charged an Imprarhable offence against the
= President. That criminal intent was Insal.
! s.d 10 the charge, as II Was 10 the presumed,
from an illegal "r rrimInaI act.
:. The resolutions Of the House, on the con-
: trary. d" nol even imply censurr. much less
: pass judgment. The, pr 'po.e an examipa.
{ tInn merely, such a. NAV be instituted bs
any member 81 society against any Other
member OF society. To test informally stther
j honesty or respcciabliiis. Ana has il ever
been conceived before that such privilege
r that OF inquiiy-dnrs not pertain 10 every
: human be,ugs Tie fact that such ia,.si,.
; CATION may lead to the concIU-Ion that the
y party against whom u u brought TO beat -
= guilty OF nriarinus pt@ctCes cannot affect
!. thr right; u j. preliminary 10 accusation.
! trial, apd Judgment 81 here il cannot be
Z made an objection to the acton 81 tie House
d that evidence may thus be found iaiaiIng the
!. official cl'.rscIer Of any or many officers 81
Go, rrsm,nt. II u stall be found. ~ re.
e eating the Command OF the rrsoiUtIous, that
/ the President j. open 20 dieet charge OF
1 high crimes Or mi.demeanoTs, Il will bit
!. prove the wisdom uf the proceeding. Then.
!, and not iIl then, ma, the party sought u Dr.
: implicated ,le nan,l The full hearing serurcd 70
q him by the Constitution. A. vel ne y sab.
. jec; to the l.w of the eifissa; hereafter, po,.
Z slbIy. he may invoke the law 81 the officer.
]. Il is proper to make this .dJitiunat re
: mark ~ reference ta the protest "l 1854 :
! that il was not presented 10 the Senate daf.
b lng the consideration ~ the res0lution. II
!. va. NOT till liter 4 formal drterni1atlen
gain.t him that the President demonstrated.
: Here The inierpO.ition comes to prevent at
/. investigation.
? The President esteens IL ga violation II
e the principles ol universal jasucr" that the
5. member m6sIng the resolution should have
E been appointed nnr pf tie committee pfnsi.
drd lrr by il. Ills ten year. u service ~ a
| component 81 tbs bully, - which he remind.
I us. not TO speak 81 HI. prmraried Senatorial
career. ought to have ensbled him t. fec.lI
. to mind tie praredents "f Congress in such
l ea..s THIS - a new and starllHg objection.
cnndrnning. a. Il tlars. 10 terms ~ severe
rsprnaeh. practice IN legislation roelt.n.
, slsr sith or national ex,stenre. CeriaIuly
I 4 has been the practice tosppoiRt the mpser
: IT SPECIAL inquiry chairman 81 the cummii.
! lee raised. Mr. Gushing. in his Law and
: Pract,ee.' says:
On the occasion Of the appointment 10 prepare Or.
tices Of impeachment agsnsi Lord Melville. Which had
been ordered motoB Of NJ. whiibe,d. thai gentle.
man "a. ffs, sPp5ineI Of The committee faissi."
A reason Tor thi. course i doubtless to re
found ~ the presumption that the prfson
proposing examination has grounds 10 be.
liese il Imp"rtAnt. and -. 90 that account,
the best qualified To- csnduct the proceeding