Indiana Palladium, Volume 10, Number 16, Lawrenceburg, Dearborn County, 3 May 1834 — Page 1

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Dy David "V. CullerTerms $3 PER YEAR 331 PER CEXT. D1SCOUXT MADE OX AHYAXCE, Oil 103 OX HALF YEARLY PAY.MEXTS. TOIL. SJ LAWREftTCEIBTUIflGIffl, (HA.) MAY 3, 183JI.

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232 Congress... .1st Session. Ii Senate April 17, 1834. Several messages were received from the President of trie United States, by Mr. Doxelsox, his Private Secretary; among them the following PROTEST: To the Senate of the United States:

It appears by the published journals of the Senate, that on the 26th of December last, a resolution was ! offered by a member of the Senate, which, after a protracted debate, was, on the 23th da' of March list, modified by the mover, and passed by the votes of XJG Senators out of 40, who were present and voted, in the following words, viz: "Resolved, That the President, In the late Exc cutite proceedings in relation to the public revenue, has assumed upon himself authority and power not conferred by the constitution and laws, but in dero-

gation of bolh. j 'j'ho justice of these conclusions will be illustrated Having had the honor, through tho voluntary j and confirmed by a brief analysis of the powers of Foftrages of the American people, to fill the office of ; the Senate, and a comparison of their recent proPresident of the United States during the period ' ccedings with those powers. which may be presumed to have been referred to in j The high functions assigned by the constitution this resolution, it is sufficiently evident that the . to the Senate, are in their nature either Legislative, censure.it inflicts was intended for myself. Without ! Executive, or Judicial. It is only in the exercise of

notice, unheard and untried, l thus lind mvseli i .v r,nrt ,A mnsit irnnnrtnnt hrnnnhpj nt thr Crwornment, in its official capacity, in a public manner, station, to public opinion, and to a proper self-res-icct. that the officer thus denounced should nrouiDt v expose the wrong which has been done. " j In the nresent case, moreover, there is even a tror.ffcr necessity for such a vindication. By an ex- i nress nravision of the constitution, before the President of the United States can enter on the execution of his office, he is required to take an oath or affirmation in the following words: ' do solemnly swear or affirm) that I rc ill faithfully execute the office of President of the United States; and will, to the best of my ability, preserve, protect, and defend, the constitution of the United States.'1 The duty of defending, so far as in urn l.es, the ; integrity ot the constitution, would indeed have re- t suuea irom uie very naiureoi ms omce; .mi oy in .s i' -i . a. r t it . i a i expressing il in ine oinciai oam or amrmation, wruci, j m tnis respeci, uiners irom inai oi every otner xunc- j iiuuaijr, Wo.uuUr,sw M,uu.., ..a atuu , weir sense oi us importance, anu nae given 10 ic a lormance of this uuty by the oath I have taken, by j n.w euuicov uuiauuiip giamuuu lu tin; rtmwican people, and by the ties which unite my every earthly interest with the welfare and glory of my country; and perfectly convinced that the discussion and passage of the abovementioned resolution were not only unauthorized by the constitution, but in many respects repugnant to its provisions and subversive of the rights secured by it to other co-ordinate departments, 1 deem it an imperative duty to maintain uie supremacy ui uiaisacrcu instrument, anu uie im- i munitics ot the department entrusted to my care, by j all means consistent with my own lawful powers, with the rights of others, and with the genius of our civil institutions. To this end, I have caused this, my solemn protest against the aforesaid proceedings, to be placed on the files of the Executive Department, and to be transmitted to the Senate. It is alike due to the subject, the Senate, and the people, that the views 'which I have taken of the proceedings referred to, and which compel me to regard them in the light that has been mentioned, nhould be exhibited at length, and with the freedom and firmness which are required by an occasion so unprecedented and peculiar. it.. i ii. . tt . i f. . -i unuer uie conwuuuoii oi uie tmieu orates, tne po t-r twm luocuou ui uie prions uepariments oi uiu rt-ueiai vo uriimuiu, aim uieir rcsponsinuiiies for violation or neglect of duty, are clearly defined, J cieariy denneu, The Legislative ive of tue L restor result by necessary mlerence. Th i,: !.. i c . i r, .' "J . rI,Iieu ntf,tuVTl. u"j:xe5l dent, is Yte,l in the Congress of the United States,

charged on the records ot the Senate, and in a form I trial ot impeachments, that the Senate is expressly j impartiality, and dignity of the procedure. These i"'iUUia uu " '"g" "w uuuus 01 mohc uo, irom j "jACCimve procecilmgs m relation to the public hitherto unknown in our history, with the high crime j authorized and necessarily required to consider anil safe-guards and formalities were not only practically j lnp; mode of their election r.nd the tenure of their j "revenue," principally referred to in tho course of violating the laws and constitution of my country. ; decide upon the conduct of the President, or any oth- disregarded, in the commencement and conduct o'f offices would most accurately express tho popu- of ton discussion, they will doubtless bo gencrIt can seldom be necessary for any Department of er public officer. Indirectly, however, as has alrea- i these proeeedingy, but in the result, I find myself lar will, and .'it the fame time be most directly and ally regarded as tho acts intended to be denounced

the Government, when assailed in conversation, or j dy been suggested, it may frequently be called on to j convicted by less than two-thirds of the members .; speedily amenable to the People. Thci theory of I as "an assumption

f.eoato, or uy me siriciures 01 uie iress or 01 popu- i puunu mai uuac. uaaus may occur m Lite course prrciu, 01 an impeacnaoie onence. tlicsr! wise and benignant intentions is in the pre- "fcrrcd bv the

nr assemuiies, iusit,iuuiui usuiuuiary pmu lur ui is.oioih..u. JAvv.Uucji;uv,ivuiiii;B,iii nuau i ai iiu) it uu uiiL-jjuu in ueience 01 mis pro- icnt caso, cilcctii'Uy ueioatcjl lv the proceedings tion of both M It is

purpose oi vmaicauug usconuuci, oroi pomiing oui , 3 ,u umu ,c nui c: w its eve-u umi me xorin ox uie resoiuuon is not an im- ; c ,j e Senate The members of that bodv rrnro-: slnn ihnt -i n.-ulrn ,r iam.r,trT iniiutl in tbo mnnnornf tho t. DOWPrS. that it RlOUld inOUire intr. illli iW I ( linnn ! nRan ln.nnt nr nP n i,l,rmon' J,,.,. l.t U'UI Ult L,,K' . IllC lUUl JS OI UiaiOOO) rCpiL- SlOll t.Ht .1 CO.HICI1SC'

tack. But when the chief Executive .Magistrate is, ! the conduct of the President or other public ofiicers; punishment prescribed in the constitution, doesnotlT"1' not the peoplo, hut the Mates; and though .tho Incentive in

iitid bv its recorded sentence, but without nreeodent. nate to enter upon such a task in its legislative or ;

competent authority, or just cause, declared guilty of I Lxecutive capacity, the inquiry must actually grow i peachment, a breach of the laws and constitution, it is due to his lout of and tend to some Legislative or Executive ac- I constitution;

j - - 1 - K W i "

:,U1 .u,,,,.,,, "f'"-! the Chief Justice shall preside" that -no person io iw W o VG tP'Vetr -3 VfiStCj exc,,us.,ve,yJbhall be convicted without the concurrence of twol'1 I ' f P iatt in V1C. C0"clUS,?n ot I thirds of the members present"-and that -judgment treaties and in certain appointments to office, he is . e,L tuan , i rAa

to act with the advice and consent of the Senate. The Judicial power is vested exclusively in the Supreme and other Courts of the United States, except in cases of impeachment, for which purpose the accusatory power is vested in the House of Representatives, and that of hearing and determining, in the Senate. But although for the special purposes which have been mentioned, there is an occasional intermixture of the powers of the different departments, yet with these exceptions, each of the three great departments is independent of the others in its sphere of action; and when it deviates from that pphere, is not responsible to the others, further than is expressly made so in the constitution. In every other respect, each of them is the coequal of the other two, and all are the servants of the American people, without power or right to control or censure oach other in the service of their common superior, save only in the manner and to the degree which that superior has prescribed. The responsibilities of the President are numerous and weighty, lie is liable to impeachment for high crimes and misdemeanors, and on due conviction, to removal from office, and perpetual disqualification; and notwithstanding such conviction, ho mnv also be indicted and punished according to law. He is liable to the private action of any party who may f?JIU" m"11"0' " . . Brux- u"ur anu io the same extent as the humblest functionary. In addition to the responotne responby impeach - Piuiiiues which mav thus ho onf-.! i-.fr.t rn ill l n fi 1 nrnconnt .nn -. .1 1 .

""-"! x.. ....... M. j,,u.v,uuul i-llit ai laW MO 15 JIIO li-i -ri, . i-l accountable at the bar of public onin.nn f Lll - JZl sed in.UlC same terms Indeed, a greater practical

r.rhiaAm;ztv; s..i,-, li.. . : rS hio nminisfrjitlon. Sh1.'.a i.. .1 ... f Tnith nnd JiTtTrP. the fW 11 r ;, Cl"c . , u,c ""uuuul. Vs"c as individuals or collectively, orally or in writing, at such times, and in such language and form as they may think proper, . ft-aakV-F 1 .TV tllwlntf rVArl L. A. t . . . to qiscuss nis omciai conuuer, ana to express and Yeas. Messrs. Bibb, Black, Calhoun Clayton, Ewing, Frelinghuysen, Kent T.rrVi Tonmim amln in PnmilflT'fflii Prentiss, Preston, Hobbins, Silsbee, Smith, South?&.SM S-ft. Tomlinson, TvIer, AVag.aIHa, wAra on "

. Vl ii r. . i. i , charge is not ot a mistake in the exercise of supposed AAYSMessrs Benton, Brown, Forsyth, Grun- j powers, but of the assumption of powers not condy, Hendncrts.ILll, Kane, King, of Ala., King, of r fcrred by the constitution and laws, but in deroua., JLinn, 31cKean, Moore, Morns, ltobbi n son rr tion ot hoth r,,t ..i..-.. .

w-l m ,, . nfn fv I mnJnii. 'IVn.n-i r r ' -uiuugv, I J!.iUij, ii Hilt-, JlliinH, Wright 50.

promulgate their opinions concering it. Indirectly, also, his conduct may come under review in either branch of the Legislature, or in the Senate when acting in its Executive capacity, and so far as the Executive or Legislative proceedings of these bodies may require it, it may be examined by them. These are believed to be the proper and only modes, in which the President of the United States is to be held ac

countable for his official conduct. Tested by these principles, the resolution of the ;a ....hnliv unmthoi-;9o.i k,t c;f; and in derogation o: its entire spirit. It assumes that a single branch of the Legislative Department may, for the purpose of a public censure, and without any view to legislation or impeachment, take up, consider, and decide upon, the official acts of the Executive. Hut in no part of the constitution is the President subjected to any such responsibility; and in no part ot the instrument is any such power conferred 0n either branch of the Legislature. its juaiciai powers, wncn sitting as a i;ourt lor the aild in everV SUC 1 CaSC. ltS Constitutional riprflt to do i 'so is cheerfully conceded. Hut to authorize the Se- j Uion; and-the decision, when expressed, must take the j tormoi some appropriate legislative or Executive act. ; The resolution in question, w; as introduced, dis- j cussel and passea, not as a lomt, but as a separate ; iresolution. It asserts no Legislative power; propos-! resolution. It asserts no Legislative power; propo es no Legislative action; and neither possesses the ! form nor any of the attributes of a Legislative measure. It does not appear to have been entertained or j passed, with any view or expectation of its issuing ma iu. uijuiiu itouiuuuu, vi ui it-muiaii) u.v or joint resolution, or in any other Legislative action.' hilst wanting Doth the form and substance ot a legislative measure, it is equally manifest, that the i resolution was not justified by any of the Executive ate exclusively to the conrideration of treaties and nominations to office: and thev are exercised in secret Session, and with closed doors. This resolution - - ti doeg not x toan treat or nomination and was ! ed jn a bUc scsslon. ; or ,oes this proceeding in any way belong to ; tbat dass of incidcntal resolutions which relate to the j appurtenances, or to subjects of order, and other rnatfpr- of th 1 u n-t.HT in Jl W hirh f t .or TTnoso may lawfully proceed, without any co-operation with the other, or with the President. On the contrary, the whole phraseology and sense i of the resolution seems to be judicial. Its essence, irue cnaracier, auu omy practical enect, are to oe loiiuu in iiiu tuJiuuct wiulm ii cuarjuB upon ine i re sident, and in the judgment that conduct. The resolution pnct:(i nn(i n(WP,l hv the Sonnto i Mnnr:tv. : ;n its office, and in nil it capacity oiicont irllv iiifliein.1. That the Senate nnssessos n binrh Jmlioi.il nowor. i and that instances may occur in which the President of the United States will be amenable to it. is undo- i niaoie. r.ut um.er i.e provis ons 01 t, e constitution, it would seem to be equally plain that neither the President nor any other officer can be rightfully 1 . . A 1 il. - " . subjected to the operation of the t t 1 0 V.' j iiuiciai power oi llic i.ivuttn 1 v..vv, .1 n o u.ijvt unui.1 un, luillio nil n T n ii v ; i T ir n t o ' i ( i 'i 11 . i nnii.ir Tin . - m e prescribed by the constitution. J . . - . . ''ho onnKt tntinn iornr(R tint tho Prochtont j Vice President, and all civil officers of the United I States, shall be removed from office on impeachment peachment other high se of Hepfor aml conviction of treason, bribery, or crimeg aml misde meanors" that the House ici.n i.o, n r.c .,i. j m:nt.hat thc Senate "shall have the sole nower ment"-that the Senate "shall have the sole power . tQ t all impeachments;" that "whensittingforthat filrt,. Biinii k0 n ntu h purpose they shall be on oath or affirmation" that i , twncn thc president 0f the United States is tried, j .i A;nnv,r,nn unA . fl..i ..... . or profit, under the United States." The resolution above quoted, charges in substance that in certain proceeumgs relating to the public .. . . . t .-'. ... revenue, the President has usurped authority and power not coiuerreu upon nun oy u c consurut.on anu Ifivvs. and that m domtr so he violated both. Anv such act constitutes a high crime one of the high - est, indeed, which the 1'resident can commit crime which justly exposes him to impeachment by tho House of Representatives, and upon due conviction, to removal from office, and to the complete and immutable disfranchisement prescribed by the Con stitution.

,fn lUn-iQincnMnnimnMPl, ofthc constitution, and wilh the plainest dictates ,tm'u courae oi uie iaic juxecuiivo piocecaition, then, was in subancc an impeach-. hnm.in;fvnfl t:rp 1 mgs, in relation to the public revenue," had violaPresident; and in its passage, amounts ; tI","nd"'l dnuJu:"w' . tPH tho ..nntitminn nnrl while F

The resolut ment ot the f resident; and in its passage to a tieciaraiion ov a ma oriiv oi ine oeiiaie, inai no , i i .I'll., o t l. is -uiltv of an impeachable offence. As such, it is spread upon the journals of the Senate published to the nation and to the world made part of our endur - injr archives and incorporated in the history of 1 1 . I . .1- l . . uie age. x no puiiisiiment oi rumwui hu.m u.ulu .1 1 . 1 f ... and future disqualification, does not, it is true follow lius uecisioo: nor vvouiu it uae ioiiowcu utu nivv; uuu j ' h j L "in tho ! cision, if the regular forms of proceeding had heen - . - A . . ecause the reouste number did not con - cur in the result. Hut the moral influence of a solj cma deolartation, bv a majority of the Senate, that ! , : , ,.;n ' r ,i, - k,i nnnn h; j bcen ns effectually secured, as if the like decla1 rat;on jia,i uCen niade'upon an impeachment expres - I tug tatu rv. v l o iiiiiji ui uilv li tmtiu " pvu i 9 ' Tail effect has been "rained, because the votes given ior idle t the resolution, though not sufficient to authorize a , . . 1 , 1IIVI" tliv. ilk V-m MtAlT L A (LLI 1 II I 1l.lI.LilllJll. II i f 1IV4V - nnnoiKrh to oirVv thnt rp .tntmn lrtrey allege the j Ic ""i Sioh it con- ! demnij; was illtJntional and corruptVis no answer to ":" j. u u'"v """":; "ci . u. j ''rTirTL - aim commiuca witn an unlawful intent. ine ' i ri uim iiulii Ul lh c LI j; ilU o L- U iu t. i ... . oo j ...ii.i. nit nu jjhuuc oi uie ucl. inc labpence of any such excuse, or. palliation, there is oiico nr nillint li n.n:t,.jA . i . I --.

rM.. L"e preceuing view oi us cnaracter ana eueci. on- tiuun, Uas, ior ine oest ot ail reasons been; m mis view oi uie resolution it must certainly , i-ia . 1 . .t i i , i 7:: ' i . . ... .... . .

Knight 1 j cV"u7mVe necessarily impiieB umtm souuousiy exciuaeu, anticipate thc action of the be regarded, not as a vindication of any particular

unu "'i,r "ic inuiviuuai to wnom u is miuuit-u, . nouse ot Kpnrrpntntivoa feam rv nf tho h.t ih c:.

only room for one inference; and that is, that the in

tent was unlawful and corrupt. Besides, the resolution not only contains no mitigation or suggestion, The President of the United States, therefore, has been, by a majority of his constitutional triers, accused and found guilty of an impeachable offence; but in no part of this proceeding have the directions of the constitution been observed. ine impeachment, instead of being preferred and j prosecuted by the House of Representatives, origiW nnnnrVH ll "J Pcd without the JffirmaS f i amrmation prescribed by the constitution, was not ! taken hv th snntnrc. tc ..... ! j - w v fcwi 1V- V i 4 I V. I UCllL UUt i cross examine tho witnesses, to procure counteracting testimony, or to be heard in his defenee. The safe-guards and formalities which the constitution has connected with the power of impeachment, were 1", 'Tr ' lt"!e"' - iiiiiu l J im. . t uivl I I nil Ul Hit UULMU; SI f . follow lt4 ndnntinn. nr in t)int pup tim i rnninliin(nf I is to be expected from the House of Representatives. it is oecause it did not assume the form of an imPresident tnougn qualific that the or both of those results, as constituting the whole iiuioii consiuereu ei i s?r 01 the punishment thev nrescribed. The iudcrment ! of guilty by the highest tribunal in V lV- HIV, , stigma it would inflict on the offender .his family and I fame; and the perpetual record on the journal, hand- i my uuvn m luiuu: gtTiHTuiious me sioiy oi uis uis-1 grace, were doubtlcFs regarded by them as the bitter-i bring them on the President in a manner unauthorized bv the constitution. To Rhiphl him n.l nthr i - -- officers who are liable quences so momentous bv olTlcial delinquencies carefully guarded the A majority of the House of Representatives, must 1 or he is deemed to be innocent. Fortv-six Se5ators appearby the journal to have been present when the i j vote on the resolution was taken. 1"--1 If, after all the lemnitics of an impeachment, 30of thos "those senators had! voted that tho President wnsguilty, yet would he have ' ueen ucquiucu; oui oy ine moucor proceeuingauopieu thr.u in tho veto of rro.it J Khaii ho m.toncni.io nro. requisites. u'!,n.i,n, .nnn :.v,nnj..nnt . ; , f , ,j f Ueprcsenlaive9 was a 1 1 . . , . , 4l c, A . . . . J i l1.01, cn wh,c 1 tho te,n.ato had no constitutional j rinrht lr Knoonlnto nnil in wnnonl In wliiz-li i " . r-- --; i 11 ill il i . y .i .i.iv 11 ki 1 1 . ill I I L ill liiiiiiiiii i . iii fi 1 1 1 11 I - - i ----- 4 .. j-'i ji J.1V.V.,, im pat.ons would have furnished no just grounds for ! .. . .... . J i Ina nrnooihiro At m It mrr I hit I nm n:na rwonn ; to believe that a violation of tho constitution and :' lnws j hws had been actually committed by the Presi - jent still it was lljc dJuly of lhe Sca as ,,is solc constitutlon3l judrs; to wait fnr an i,np03ch. i nwm ""V1 j Prefer .,t; 1 ' i have norcht to i i ment !m,il tho.. olhcr IIo"3C shoi,ltl ,,lInk ProPor I he members of the Senate could right to infer that no impeachment was in tended. On tho contrary, every legal and rational presumption on their part ought to have been, that if there was good reason to believe him guilty of an impeachable offence, the IIouso off ...... Ropresentatives would perform its constitutional duty, by arraigning the offender before the justice of his coiintrv Tho rnnlrirv nroci.r.ntlnn wnnl.l Phe contrary presumption would j .T.;: ' ' MVU' "l . ' . M oivoivo nil mi n nn nnrnrn nrv i iin inipuri v i , . ' ! " Fesen uves o u o 1- ; - v - , - : tually entertained, and for sood cause, how cant 1 it ustify the assumption bv the Senate of powers ; r i u.. .i t i uui tuiiKriuu ov uiu Luiisiiiuu.Jii : by 1 1 is only necessary to look at the condition in which the Senate and the President have been placed by this proceeding, to perceive its utter i incompatability with the provisions and lho spirit;' i Ittholi i ilico fit H onroconf n t n-ocs elm 1 1 I o n . tii n - . ... j ion that there is just ground for tho censure pro- ' nounced upon the President, then will it be tho - solemn duty of that IIouso to nrefer the nrooer ! " . i accusation, and to cause him to ho hrouoht to : . . . . . . . o tnaj by the constilution3 innal, But ill what ; con(ition wouW ho find ,hat tl.;bun3l? maicri - fx r,r : i i i.. i i t.v iii ii.-h iiiiniuii'is ivi ; ri' i v iiu i u ri-' i ii - - iv"' ' ",,u ,u,"":u uul ;AIIICCU , ut "uraie juogmeni upon its merits. It is thc policy of our benign s ystcm of jurisprudence, to proceedings, and even in : sreuro in -11 frimin,! ; - vi mhiiiji j the most trivial litigations, a fair, unprejudiced and ; impartial trial. And surely it cannot bo less im4 ; portant that such a trial should be secured to tho , ,;i,OQt nr,r.r ih r:,-...,. . ui un, UUIVIIIIIILIU The constitution makes the House of Iicprescn- . 4 . I n wuvcs the exclusive judges in the first instance, ' xhe question whether the president has commit! i ted an impeachable offence. A maioritv of the ! Senate whose interference with this preliminary , unction wh.cU belongs exclusively to that body, convert ,.,ern3elvSs into accusers, wit. counsel, and judges, and prejudge the whole case. Thus presenting the appalling spectacle, in a free -....v., juujca gumg xnrougn a lauoreu prcp3 ration lor an impartial hearing and decision bv previous cx parte investigation and sentence against the supposed offender,

l A A I . . a i

out on inc contrary, it holds up the act complained ! prac!l any lo themselvesnor join in the accusation, anJ?hu t0 ce"surot,ana reobartlon;Lae they are juJesr Independently of the and thus as distinctly stamps it with impurity of mo- , J i- i i -.i ; i .. i i . iiv. as ifthn tfMi Jh,a wi w general reasons on which th:s rule is founded, its

preside; nonoticeof the charge wnsgiventotheaccus-iouy aware, inai wis lormiuaoie instrument liau ed, and no opportunity afforded him to respond to been, and might ho abused: and that from its very the accusation, to meet his accusers face to face, to i nature, an impeachment for higherimcs and tnisde-

t aiiL. Lu liilj ii li (i i ii niri 1 1. ill iiiNiii-t-. Tit i i nrnr

ent, that it is more palpably repugnant to the j nod ol that term, must very much depend upon Among the duties imposed upon him, and which ition; for it is throusrh that form onlv that the i their own imnressions of its obligatory force. 1 ho is s.vorn in nerform. i ih t .f i:iLim? cinulv.f

is judicially responsible to the Senate; and ; Wlien u bodv, thus constituted expresses, before , the laws bo f.iithfulv txccutd.M llein thus

neither removal f rom oluce nor future dis- Jiand, Us opinion in a pirticuhr case, and thus in-1 mule responsible for the entire nctioti of tho Exation ensues, yet it is not to be presumed, ; ,i;rPItf :nv:c . nPnsni1,;iri r. i . 4 : 1... 11.. .1 .

fc . v- wiicn mi iui 1 t.wjirna iv. u tuiiii : . .;nAM ..i. -.,11.. .... A 1. A -....r: 1 i 4

est portions, it not the very essence of that punish- just ground for imputing to the President the otlcn-; ments are not m tho constitution otherwise proviincnt. So tar, therefore, as some of its most materi-. ces charged in tho resolution. Hat if, on the oth-: ded for' with a proviso that the appointment of in;LP?iL recording and er han1 lho IIous0 of representatives shall be fcrior officers mnv bo vested in tho President alone.

to imneachment. from conse- Ifopor lo preter an impeachment, then will Iho , The Executivo nower v.-sti d in lho RonafP. U

, except when really merited i viohtion of puvilege, ns it respects that House ' ncitiier tint lf ,,,ftlninllino nnr M.mJntln

, the constitution has most ; of justice as it regards tho President, and of tbe ! it is rncrcIv a chrck l)n,m i.:triMlllv ' ttttwrft lf

whole process of impeachment. ! constitution, as it relates to both, be onlv the more ,nnn;..tm.,t ir :n.i:!.:.i....i ., 4v

in uie present case, a lasting recoru ox conviction nas "I'rrsiUenl has assumed unonhimse authority ana ! nshrnn nddiimnnl mirmw.o tn iho irv iho

which it pronounces on ! been entered up by the votes of twenty-six Senators. ;knuvpr nn. rrmforrol hv iho rnniiiiii;..n n.l ! ....n .1 - ?-.1

.therefore, though dis- without an impeachment or trial; whilst the consti- h,,,. " it r1.u nii, r, ...:r..: 7. .! ....n J .

n its Legislative j tution expressly declares that to the entry of such a ' r "r ' 7 " , ,IIICU Wl " WOn" a,IU conipcicni mcil. 1 characteristics, judirment, an accusation by the House of Uepresenta-! ''"V .or"A ' !artS f 1 i0, consti ut, on have been Tho whole executive powei being vested in the

Ivp, r, trinihvnho Spn.tn .mi .,n,.,r..,,ftf t,,.n. YIOU j " ",0 ccrnmiv oi um oi-1 Pfcsiucnt, who is re.enonsiblo for iiscxcTcise. it is

i"iiiv.ot ucauiuo inn uoiv nit ! iiuiiJiuii v, .nv .. ui i.ivv v.utiaiti iiiiuij. uui oiiij-

Tliero is no more settled axiom in that government whenco we derived tho model of this part

of our constitution than that "the Lords cannot impropriety ami importance are greatly increased by the nature of tho impeaching power. The power of arraigning the high officers of the Government, before a tribunal whose sentence may expel them ! i from their seats and brand them as infamous, is eminently a popular remedy a remedy designed to bo employed fur the protection of private right amJ puU;c ,ibcry a J. 0 abuscjJ of ipjU8t?cc ami tho encroachments of arbitrary power But r P.t ... .. 3 , me trainers of the constitution were also undoubt- . , j meanors, whatever might be its result, would in most j cases be accompanied hv so much of dishonor j and reproach, solicitude and sulll-ring, as to make .ji,,. pmvcr cf preferring if, one of tl io highest : - le.m.i.y and importune.' 1, was duo o1oh . 1 I Ilivov. IUIIJIIH I IMUII., Ill U IIIU II 1 1 'V. b V'lil li j'lMU I liK i ,r "'ll"l'ullt l UJMl'i . 11 . s 'c, ,,om their extendetl term ot service, the ft- (' ni rcsponsiuiiuy, uurmg mo wi.oio pc- : i r. .. 1.- p. 1 . 1 . ' " r 1 . . - , . ty" u" ""' ; l. u ,u r. uul 11 ",tlua U!U.,,U.U ' ,,UI, u, u md persontil responsibility under which was intended to bo exercised, and reverses the ! whole scheme of this pirt of the constitution. ; uui uuiu uu ?oiuu hi mo iiiijt'ciious oi uu procedure, even if it were admitted that there is 1 1foPm,on "o reason for charging thcm l,Pon and shall therefore deem it imconspicuous and impressive. hcI,imenl bus not only been wholly disregard-. cu uui some oi inc msi principles oi natural tu I . ... ,.. i , , Lo-;f"dcnll4htened jurisprudence, have been violued m the very torm ol the resolution. It carefully abstains from avcring in which of "the I.:to pro - ; "cneoings itiif i uion to uie public revenue, the i fence "the nature and cause of the accusation j set out m tho manner required in the conslii tution, before even the humblest individual for 1 the smallest crime, can be exposed to condemHio w nation? a ? 1 . .1 f iiii-ii zi snrr 1 r.iifin u-:i nno in ino JCCUS'" " ,,U 1 " i accused, that he might direct his defence to the rnn fwltu nfntinrL-. m iho mmIa ih-, to . i.i i. 1 . i i : . . . . . I minl.l lnnrli nn, a j , 4 T V'"V in:li Mlinnc linl 1 1 o fi n lidl i(ml n.l Irv ulars their the truth ",u -wv .......,U i. and certainty of our puhl.c annals. As the record now stands, whilst the resolution rdaiulv 1 ' i j charges upon lho President at ! uvpat.on ,n Mlie ate Execu v least one act of e proceedings in j relation to the public revenue," and is so framed lint those Senators who believed that one such act, and only one, had been committed, could assent to it; its language is yet broad enough to include several such acts; and so it may have been regarded by some of those who voted for it. Hut . . . . . . . . . , 1,,UUS accuiion is u.ucompre uens.vc in u,e c.unMin h ,l ! . u'e""s ucn crnaiiiiy u. 1 u Jl . u 1 ,r ! "CUIJr coni-iusioil Ol I.iduriJtt nilldl lliuucfll JU) one Senator to vote for if. And it may well . i Unve happened that whilst one Senator believed tat some particular act embraced in the rrsolution, wa8 an arbitrary and unconstitutional nssump- . . ..-... ... . 1 I T "V . ' . ., 1 -J ' ,jr " 3 . T . nn..,. n4l.-. pv C lt. ..!n.!l.. . . .. I . oeemeu mi very act uoin consinuuonai ano cxi ,. I i- -n pedient, or if not expedient, yet still within the pale of the constitution. And thus a majority of the Senators may have been enabled to concur, in "!,u n"u accusation, inai me rresi- . iii .i . . - '! ,c VV . . . ,nesPccl eacu P"' ! UCUIar aci' 'n.c 1U"CU wnmn the general terms, tno "1B " 4 ut 1,1 ni8lu 0" MJ suc" OIC have been found in the minority. Still further to exemplify this feature of the 1 proceeding, it is important to be remarked, that the resolution, ns nrifTinnlK nfTorod lo lho Sonnlo. snocificd, with adequate precision certain acts of the President, which it denounced as a violation of the constitution and laws; and that it was not until ! j'e very close of the debate, and when, perhaps, j il was apprehended that a majority mi; t:t'n 'be specific accusation contained might not susin it, that . . . ! e resolution w:,s go mod.hed as to assume us prcscnt form. A more striking illustration of the soundness and necessity of the rules which forbid vague and indefinite generalities, and require a reasonable certainly in all judicial allegations; and rules Ins seldom been exhibited ply as an official rebuke or condemnatory sentence, too general and indefinite to be easily repellod, but yet sufficiently precise to bring into discredit the conduct and motives of the Executive. But whatever it may have been intended to accomplish, a 1 it is obvious that the vacue. oencral, and abstract form of the resolution, is in perfect keeping with 1 those other departures from first "principles and.

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settled improvements in jurisprudence, m properly tho boast of free countiiesiu modern titties. And is not too much to siy, of thovholo of ihcto proceeding?, that if they sliull be approved andsustaincd by an intelligent People, then will tint great contest with arbitrary ower, whicli Ind established in statutes, in bills uf right, in sacred char-

tcr$, and in constitutions of (lovernment tho right of every citizen, to a notico before trial, to a hearing before conviction and to nn impirtial tribunal fordeciding on the charge, have been wged in vain. If the resolution had been left in its original form, it is not to bo presumed that it could ever have received tho assent of a majority of ilia Senate, for tho acts therein specified as violations of tho constitution and lavs were cleail within tho limits of the Executive authority. They are tho "dismissing liar htc Secretary of tho Treasury, becauso 4hc would not, contrary to his sense of his own dit"ty, remove the money of the IT. States in deposito "with tho lHnk of the U. States mid its branches, "in conformity with the President's opinion; and "appointing his successor to eiVect such removal, "which has been clone." Hut as no other fpecification Ins been substituted, and as these were tho 01 authority ana power not conconstitution or I iws, but in derogatherefiue duo to the vcc d summiry tf the views of respect to them, should bo heio ..... v Jty the constitution, "iho Lxecutive power H vcstttl in the 1'rcsu lent of the t inted States" .1. . - .. e JHmero appomnng t'liion-iiij;, .tint VUltlHII,UJT u,osc execute the hws a power in itM it , nature rxecutivc should remain in his hands. It is, therefore, not only bis right, but tho constitu tion makes it bis duty, to "nominate, and by and wuii i lie ativico anu cousciil ol Hie Senate appoint all "officers of the United States whose appoint pn the Court ol Justice, or in the Heads of Dc inrtmcnts. ...t . a ... consent, and the appointment cannot bo made. ; 'I hey check the action ot the -xtcutivc, but can-----j . not, in relation to those very subjects, act them j selves, nor direct him. Selections aro still undo : by tho President, and tho iieartivo civen to tho : iseiiate, without di a necessary consequence, that ho should have a right to employ agen's of his own choice to aid him i it tho perform nice of his duties, and to discbargo them when ho is no longer willing to be responsi ble for their acts. In strict accoidanco with this principle, tho power of icrnoval, which, like that of appointment, is an original exreutive power, is left unchecked by the constitution in relation to all executive officers, for whoso conduct the President is responsible, while it is taken from him in relation to judicial cfficcrs, for whose acts bn is not responsible. In the Government from which many ofthc fundamental principles of our system aro derived, the Head of the Executivo Deparlmpnt originally had power to appoint and remove at will all officers, Executive and Judicial. It was to lake tho Judges out of this general power of removal, and thus make them independent of tho executive, that thc tenure of thcirofliccs was changed to good behaviour. Nor is it conceivable, why ihey are placed, in our constitution, ujon a tenure different Irom that of all olhcr officers appointed by the Executive, unless it bo for tho samepurpose. Hut if there wcro any just ground for doubt orv the face of the constitution, whether all executivo officers aro removabloat thc will of thc President, it is obviated by lhe cotcmporancous construction of the instrument, and the uniform practice under if. The power of removal was a topic of solemn debate in thc Congress of 17SD, while organizing tho administrative departments of the government, and it was finally decided, that the president derived from the constitution, the power of removal, to fur as it regards that department for whoso acts ho is responsible. Although tho debate covered thc . . ...."v.b I whole ground; embracing tho Treasury as well as alJ olher Kxccutiv0 Departments, it arose on a. motion to striuo out oi ine i 1 1 to cst.ii.nsti a Department of Foreign Affaits, since culled the Department of State, a clause dechring the Secretary "to bo removable from cfiico by the President of .. . . . f .i i -ii . . iii x the United States. 1 Alter that motion had been decided in thc negative, it was perceived tbattheso WOrds did not convey tho sense of tho House of llct prescntatives, in relation to tho true source of tho power of removal. With tho avowed object of pre venting any luturc inference, that this power was exercised by the President in virtue of a grant from Congress, when in fact that bedy considered it as derived from thc constitution, the words which bad been lho subject of debato were struck out, and in lieu thereof a clause was inserted in a provision concerning tho Chief Clerk of tbe Department, which declared that 'whenever lhe said principal officer shall bo removed from office by tho President of tho U. Slates, or in any other case cf vacancy ,"iho Chief Clerk should, during such vacancy, have charge of tho .paper of the office. This change having been made for tho express purposo of declaring tho sense of Congress, tbat tho President derived thc power of removal from the constitution, tho act as it passed has always been considered as a full expression of tho sense ofthc Legislature cn this important put of lha American constitution. Continutd on ith ayf.l

, 1'uiiiutii.iii, iiiuii IUIIU1J IIIU IIIUIIUM U IUI Oil"

miiushim Ins rrsruinsdiilitr. for.