Year: 1860

The Presidents Protest.


The reply of the Judiciary Committee of
the House of Representatives to the Pres
dents Protest against the appointment Of
the Coyode investigating Committee, is
overwhelming in argument and conclusive
by the precedents established. After re-
capitulating the principal points Of objec-
ton raised by the President, the Commit
tee say:


In consideration of the high source from
which the manifesto proceeds. the Com
mittee prefer to con6ne themselves to
an examination of the postulateS of the
paper, however obnoxious to criticism its
general tone may be on the score of taste and
temper. But they cannot restrain an expires
sion Of their deep regret that an officer who
prides himself upon the fact that the people
have thought proper to invest him with the
most honorable, responsible, and diguiied Of
fee in the world and who declares he feels
proudly conscious there is no public act of
his (my( life which will not bear the strctest
scrutiny and that he defies 'allinvestigatio
should forget, amid the surroundings Of place
and power, and fattery, that he is but the
servant Of that same people, and that he Should
shrink back in anger and terror from a sim
pie inquiry into his stewardship. This is the
first time under the republic a Chief Execu-
tive has left recorded admission that be has
been made oblyious of the Origin and ephem-
eral character of his position by the reveries
of its enjoyment. To distinguish such con
duet by appreciation would be to sanction
kingly prerogatiye, and to proclaim that right
came by the grace of God and not from
the confidence of men. The nation always
charitable in the Interpretation of acts and
motives is not prepared to overlook such a de-
linqueney.


Proceeding to argue the power Of the
House to institute any investigation into
the conduct of the President, the Report
holds this language:


The President, it will be observed through
out his message, assumes that the resolution
to which he makes reference charges him with
the commission Of high crimes and misde
meanor. This was necessary to the argument
he has advanced. 1t is for such charges on
ly the House has the power of impeachment.
The GTacemen Of his complaint is, that the
accusations are of such nature as, If true,
would subject him to an impeachment, and
that the House has proceeded to pass upon
them, or is moving to pass upon them, through
a form Of proceeding not authorized by the
Constitution. Herein lies the falacy, and
that which. unexposed, might operate as the
deception of the plea If this were In truth
a charge against the President, calling for the
form of trial prescribed by the Constitution,
then the determinations Of this house might
possibly be open to anlmadveslOn. Unfortu-
natey for the attempted defence Of that off.
Ger, there is no charge made Of any grade of
offence calling for trial of any kind. 1t is a
mere inquiry that is proposed The language
of the resolution may be cited as the best
proof The committee raised is 'for the pur-
pose of Investigating whether the President
Of the United States or any other officer of
the Government has, by money, patronage, or
any other improper means, sought to lnhu-
ence the action Of Congress, or any Commit
tee thereof &c; also, to inquire into and IN
UeStiqdte whether any officer and officers of
the Government have, by combination or 9th
| erwise, prevented and defeated, or attempted
to prevent and defeat, the execution of any
| law or laws" &c; and whether the President
| has failed or refused to compel the execution
| of any laws &c.


| If no criminality is alleged, but, on the
| contrary, an Investigation or inquiry alone is
proposed, the question may be asked, with
| ruling force and emphasis, what has the house
to do with the law of impeachment? The
resolutions do not contemplate a judgement,
and therefore there can be no formal trial un-
| der them. But, admit charges proper for i'm
| peachment were made, would the House be
! bound to submit the matter to any Committee,
| and allow the accused cross examination, as
the President seems to suppose By no
means The Constitution prescrbes no rules
for the House, but it is left perfectly free to
adopt its own. 1t may refer the charges to a
standing committee, or a select committee, or
! it may proceed without the Intervention of Ell
ther. 1t may allow cross-examination, or de-
ny it, as to its members may seem most proper
at the time The precedent set in the
case of Judge Peck upon which great
stress is laid cannot take away the full dis
eretion allowed by the Constitution, nor make


the law either shorter or narrower than 1t /;


written. In such a case each House OF Rep
| resentatives will determine for itself its mode


of procedure, without suggestions from g


coordinate and rely upon the highest Law


as its charter. There is no judge presiding


over the representatives Of the sovereign peo


pie of the sovereign States to teach and ineu !


cate legal proprieties. When they shall per


NIT even the President to do so, then there


will be law superior to the Constitution, anc


discretion locked in chains.


Of the discretionary right to engage II
such an investigation, the Committee say
The constitutionality, the legality, and th