Year: 1860

To tie House of Representatives:

 After a delay which has afforded me ample time for reflection, and after much and careful deliberation, find myself con strained by an imperious sense of duty, as a coordinate branch of the federal govern ment, to protest against the first two clauses of the first resolution adopted by the House of Representatives on the 5th instant, and published in the Congressional Globe on the succeeding day. These clauses are in the following words: [" Resolved, that a committee of five members be ap- pointed by the Speaker, for the purpose | (frst) of investigating whether the Presi- dent of the United States, or any other of ficer of the government, has. by money, patronage, or other improper means, sought to inhuehc3 the action of Congress, or any committee thereof, for or against the pass age of any law appcrtaining 10 the rights of any State or territory: (and 2d, "also, to inquire into and investigate whether any officer or officers of the government have, by combination or otherwise, prevented or defeated, or attempted to prevent or defeat, the execution of any law or laws now upon | l dent has failed or refused to compel the execution of any law thereof"

 l confne myself exclusively to these two branches of the resolutions; because the portions of it which follow relate to alledged abuses in post offices, navy-yards, public buildings, and other public works of the United States. In such cases inquiries are highly proper in themselves, and belong equally to the Senate and the House, as incident to their legislative duties, and being necessary to enable them to discover and to provide the appropriate legislative remedies for any abuses which may be ascer- tained. Although the terms of the latter portion of the resolution are extremely vague and general, yet my sole purpose in adverting to them at present is to mark the broad line of distinction between the ac- cusatory and the remedial clauses of this resolution The House of Representatives possess no power under the constitution ] over the first or accusatory portion of the resolution, except as an impeaching body; whilst over the last, in common with the Senate, their authority as a legislative body is fully and cheerfuly admitted.

 It is solely in reference to the first ol impeaching power that l propose to make a few observations. Except in this single case, the constitution has invested the House of Representatives. with no power, nor ur- isdiction, no supremacy whatever over the | President. In all other respects he is quite as independent of them as they are of him As a o-ordnate branch of the government he is their equal. Indeed, he is the only direct representative on earth of the peo- 1 pie of all and each of the sovereign States To them and to them alone, is he respon- sible whilst acting within the sphere of his constitutional duty; and not in any man ner to the House of Representative. Tho people have thought proper to invest him with the most honorable, responsible, anc dignifed office in the world; and the indi vidual, however unworthy, now holc il2 this exalted position, will take care, so Ial as in him lies, that their rights and pre- negatives shall never be violated in his per son; but shall pass to his successors unim- paired by the adoption of a dangerous precedent. He will defend them to the last extremity against any unconstitutional at tempt, come from what quarter it may, tc abridge the constitutional rights of the Executive, and render him subservient tc any human power except themselves

 The people have not confined the Presi- dent to the exercise of executive duties They have also conferred upon him a largo measure of legislative discretion No bill can become a law without his approval as representing the people of the United States, unless it shall pass after his veto by majority of two-thrirds of both houses In his legislative capacity, he might, ir common with the Senate and the House institute an inquiry to ascertain any facts which ought to influence his judgment 1T approving or vetoing any bill.

 This participation in the performance O | legislative duties between the coordinate branches of the Government ought to in spire the conduct of all of them, in theil relations towards each other, with mutua forbearance and respect. At least eacI has right to demand justice from the other. The cause of complaint is that the constitutional rights and immunites of tho Executive have been violated in the persol of the President.

 The trial of an impeachment of the Presi dent before the Senate on charges preferred and prosecuted against him by the House of Representatives would be an imposing spectacle for the world. In the result not only his removal from the presidential of flee would be involved, but, what is of in fnitely greater importance to himself, hi character, both in the eyes of the presen and of future generations, might possibly be furnished. The disgrace cast upon hin would in some degree be reflected upon th' character of the Ameican people who elected him. Hence the precautions adopted by the constitution to secure fair trial On such a trial it declares that " the Chic Justice shall preside" This was doubles because the framers of the constitution believed it to be possible that the Vie, President might be biased by the fact that in case of the removal of the Presiden from ofiice," "the same shall devolve ol the Vice President''

 The preliminary proceedings in the Hous in the case of charges which may involv, impeachment have been well and wisely settled by long practice upon principles o equal justice both to the accused and to th people. The precedent established in tn, case of Judge Peck, of Missouri, in 1881 after careful review of all former prece dents, will, 1 venture to predict, stand tn test of lime. In that case Luke Edwars Lawless, the accuser, presented petition to the House, in which he set forth minute ly and specifically hisacauses of complaint He prayed ' that the conduct and proceed ings in this behalf of said Judge Peck may be inquired into by your honorable body and such decision made thereon as to you wisdom and justice shall seem proper."- This petition was referred to the judiciary committee. Such has ever been deemed the appropriate committee to make simia investigations. It is standing committe supposed to be appointed without reference to any special case, and at all times is pre- sumed to be composed of the most eminen lawyers in the Honse from different portions of the Union, whose acquaintance with iu dicial proceedings and whose habits of in vestigation qualify them peculirly for tn task. No tribunal, from their position ant character; could, in the nature of things. h.