Year: 1860

ieAeIeuCc W any special case, and at all times
is presumed to be composed of the most emi-
nent lawyers in the House from different por-
tions Of the Union, whose acquaintance with
Judicial proceedings and whose habits Of inves-
tigation qualify them peculiarly for the task
No tribunal, from their position and character,
could, in the nature of things, be more impair.
tial. In the case Of Judge Peck the witnesses
were selected by the committee ITSELF with q
view TO ascertain the truth of the CHARGE
They were cross-examined by him, and every
thing was conducted in such manner as to
afford him no reasonable cause of complaint.


In view of this precedent, and, what is of far
greater Importance, in view Of the Constitution
and the principles Of eternal justice, in what
manner has the President of the United States
been treated by the House of Representatives?
Mr. John .Covode, a representative from Penn
sylvania, is the accuser of the President. In-
stead Of following the wise precedents of form
er times, and especially that in the case Of
Judge Peck and referring the accusation to the
Committee on the Judiciary, the House have
made my accuser one of my judges.


To make the accuser the Judge is a violation
Of the principles of universal justice, and is
condemned by the practice of all civilized ma
tions. Every freeman must revolt at such
spectacle. am to appear before Mr.. Covode,
either personally orby substitute, to cross
examine the witnesses which he may produce
before himself to sustain his own accusations
against me; and perhaps even this poor boon
may be denied to the President.


And what is the nature of the investigation
which his resolution proposes to institute? I'll
is as vague and general as the English language
affords words in which to make it. The com.
mittee is to inquire, not into any specific charge
or charges, but whether the President has, by
"moncy, patronage, or other improper means,
sought to influence" not the action of any in
dividual member or members of Congress, but
"the action" " Of the entire body " Of Congress"
itself, "or any committee thereof" The Presi-
dent might have had some glimmering of the
nature Of the offense to be investigated had his
accuser pointed to the act or acts of Congress
which be sought to pass or to defeat by the en-
ployment of money, patronage, or other I'M
proper means" But the accusation is bounded
by no such limits. 1t extends to the whole
circle Of Legislation; to interference "for or
against the passage Of any law appertaining to
the rights of any State or Territory" And
what law does not arpertain to the rights Of
some State Or Territory? And what law or
laws has the President failed to execute? These
might easily have been pointed out had any
such existed. 6I H'f


Had Mr.. Lawless asked an inquiry to be made
by the House whether Judge Peck, in general
terms, had not violated his judicial duties, with
out the specification Of any particular act, do
not believe there would have been single vote
in that body in favor of the inquiry.


Since the time Of the Star Chamber and Of
general warrants, there has been no such pro-
cceding in England.


The House of Representatives, the high I'M
pcachng power of the country, without con-
senting to hear word of explanation, have
endorsed this accusation against. the President,
and made it their own act They even refused
to permit member to inquire of the Presi-
dents accuser what were the specific charges
against him. Thus in this preliminary accusa-
tion of "high crimes and misdemeanols" against
q co-orli nate branch of the Government, under
the impeaching power, the House refused to
hear single suggestion even in regard to the
correct mode Of proceeding; but, without a mo-
mcnts delay, passed the accusatory resolutions
under the pressure Of the previous question.
In the institution of prosecution for any
offensc against the most humble citizen-and l
claim for myself no greater rights than he en-
joys-the Constitution Of the United States and
of the several States require that he shall be
informed, in the very beginning, of the nature
aud cause Of the accusation against him. in or
der to enable him to prepare for his defense
There are other principles which might emu
meratc, not less sacred, presenting an impene-
trable shield to protect every citizen falsely
charged with criminal offense. These have
been violated in the prosecution instituted by
the House Of Representatives against the Exc
cutive branchl'bf the Government. Shall the
President alone he deprived Of the protection
of these great principles which prevail in every
land where ray oflberty penetrates the gloom
of despotism ? Shall the Executive alone be
deprived of rights which all his fcllow-citizcns
enjoy? The whole proceeding against him JUS
tifics the fears of those wise and great men who,
before the Constitution was adopted by the
States apprchcndcl that the tendency of the
Government was to the ACKNOWLEDGMENT of the
Legislative at the expense Of the Executive
and Judicial Departments.


Iagain declare, cmphatically, thatI make
this protest for no reason personal to myself
and do it with perfect respect for the House
of Representatives, in which had the honor of
serving as member for five successive terms.
I have lived long in this goodly land, and have
enjoyed all the Offices and honors which my
country could bestow. Amid all the political


storms through which have passed, the pres


ent is the first attempt which has ever been
made, to my knowledge, to assail my personal
or official integrity; and this as the time is ap-
proaching when l shall voluntarily retire from
the service of my country. feel proudly con-
scious tLat there is no public act of my life
which will not bear the strictest scrutiny. !
defy all investigation. Nothing but the basest
i neriurv ran cullv NV Cood nop,o T5o nnt foo,