PROTESTS.

WASHINGTON, _March 28, 1860_.

_To the House of Representatives_:

After a delay which has afforded me ample time for reflection, and after

much and careful deliberation, I find myself constrained by an imperious

sense of duty, as a coordinate branch of the Federal Government, 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 appointed by the Speaker

for the purpose, first, of investigating whether the President of the

United States or any other officer of the Government has, by money,

patronage, or other improper means, sought to influence the action of

Congress or any committee thereof for or against the passage of any law

appertaining to the rights of any State or Territory; and, second, 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 the statute book, and whether the President has failed or refused

to compel the execution of any law thereof.

I confine myself exclusively to these two branches of the resolution,

because the portions of it which follow relate to alleged 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 ascertained. 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 accusatory 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 cheerfully

admitted.

It is solely in reference to the first or impeaching power that I

propose to make a few observations. Except in this single case, the

Constitution has invested the House of Representatives with no power,

no jurisdiction, no supremacy whatever over the President. In all other

respects he is quite as independent of them as they are of him. As a

coordinate branch of the Government he is their equal. Indeed, he is the

only direct representative on earth of the people of all and each of the

sovereign States. To them, and to them alone, is he responsible whilst

acting within the sphere of his constitutional duty, and not in any

manner to the House of Representatives. The people have thought proper

to invest him with the most honorable, responsible, and dignified office

in the world, and the individual, however unworthy, now holding this

exalted position, will take care, so far as in him lies, that their

rights and prerogatives shall never be violated in his person, but

shall pass to his successors unimpaired by the adoption of a dangerous

precedent. He will defend them to the last extremity against any

unconstitutional attempt, come from what quarter it may, to abridge

the constitutional rights of the Executive and render him subservient

to any human power except themselves.

The people have not confined the President to the exercise of executive

duties. They have also conferred upon him a large 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 a majority of two-thirds of both Houses. In his legislative

capacity he might, in common with the Senate and the House, institute an

inquiry to ascertain any facts which ought to influence his judgment in

approving or vetoing any bill.

This participation in the performance of legislative duties between the

coordinate branches of the Government ought to inspire the conduct of

all of them in their relations toward each other with mutual forbearance

and respect. At least each has a right to demand justice from the other.

The cause of complaint is that the constitutional rights and immunities

of the Executive have been violated in the person of the President.

The trial of an impeachment of the President 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 office would be

involved, but, what is of infinitely greater importance to himself, his

character, both in the eyes of the present and of future generations,

might possibly be tarnished. The disgrace cast upon him would in some

degree be reflected upon the character of the American people, who

elected him. Hence the precautions adopted by the Constitution to

secure a fair trial. On such a trial it declares that "the Chief

Justice shall preside." This was doubtless because the framers of

the Constitution believed it to be possible that the Vice-President

might be biased by the fact that "in case of the removal of the

President from office ... the same shall devolve on the Vice-President."

The preliminary proceedings in the House in the case of charges which

may involve impeachment have been well and wisely settled by long

practice upon principles of equal justice both to the accused and to

the people. The precedent established in the case of Judge Peck, of

Missouri, in 1831, after a careful review of all former precedents,

will, I venture to predict, stand the test of time.

In that case Luke Edward Lawless, the accuser, presented a petition to

the House, in which he set forth minutely and specifically his causes of

complaint. He prayed "that the conduct and proceedings in this behalf of

said Judge Peck may be inquired into by your honorable body, and such

decision made thereon as to your wisdom and justice shall seem proper."

This petition was referred to the Judiciary Committee; such has ever

been deemed the appropriate committee to make similar investigations.

It is a standing committee, supposed to be appointed without reference

to any special case, and at all times is presumed to be composed of

the most eminent lawyers in the House from different portions of the

Union, whose acquaintance with judicial proceedings and whose habits of

investigation qualify them peculiarly for the task. No tribunal, from

their position and character, could in the nature of things be more

impartial. In the case of Judge Peck the witnesses were selected by the

committee itself, with a view to ascertain the truth of the charge.

They were cross-examined by him, and everything was conducted in such

a 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 Pennsylvania, is

the accuser of the President. Instead of following the wise precedents

of former 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

nations. Every freeman must revolt at such a spectacle. I am to

appear before Mr. Covode, either personally or by a 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? It is as vague and general as the English

language affords words in which to make it. The committee is to inquire,

not into any specific charge or charges, but whether the President has,

by "money, patronage, or other improper means, sought to influence,"

not the action of any individual member or members of Congress, but

"the action" of the entire body "of Congress" itself "or any committee

thereof." The President 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 he sought to pass or to defeat by the employment

of "money, patronage, or other improper means." But the accusation

is bounded by no such limits. It 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 appertain 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.

Had Mr. Lawless asked an inquiry to be made by the House whether Judge

Peck, in general terms, had not violated his judicial duties, without

the specification of any particular act, I do not believe there would

have been a 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 proceeding in England.

The House of Representatives, the high impeaching power of the country,

without consenting to hear a word of explanation, have indorsed this

accusation against the President and made it their own act. They even

refused to permit a Member to inquire of the President's accuser what

were the specific charges against him. Thus, in this preliminary

accusation of "high crimes and misdemeanors" against a coordinate branch

of the Government, under the impeaching power, the House refused to hear

a single suggestion, even in regard to the correct mode of proceeding,

but without a moment's delay passed the accusatory resolutions under

the pressure of the previous question.

In the institution of a prosecution for any offense against the most

humble citizen--and I claim for myself no greater rights than he

enjoys--the constitutions of the United States and of the several States

require that he shall be informed in the very beginning of the nature

and cause of the accusation against him, in order to enable him to

prepare for his defense. There are other principles which I might

enumerate, not less sacred, presenting an impenetrable shield to protect

every citizen falsely charged with a criminal offense. These have been

violated in the prosecution instituted by the House of Representatives

against the executive branch of the Government. Shall the President

alone be deprived of the protection of these great principles which

prevail in every land where a ray of liberty penetrates the gloom of

despotism? Shall the Executive alone be deprived of rights which all

his fellow-citizens enjoy? The whole proceeding against him justifies

the fears of those wise and great men who, before the Constitution was

adopted by the States, apprehended that the tendency of the Government

was to the aggrandizement of the legislative at the expense of the

executive and judicial departments.

I again declare emphatically that I make this protest for no reason

personal to myself, and I do it with perfect respect for the House of

Representatives, in which I had the honor of serving as a 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 I have passed, the present 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 approaching

when I shall voluntarily retire from the service of my country. I feel

proudly conscious that there is no public act of my life which will not

bear the strictest scrutiny. I defy all investigation. Nothing but the

basest perjury can sully my good name. I do not fear even this, because

I cherish an humble confidence that the gracious Being who has hitherto

defended and protected me against the shafts of falsehood and malice

will not desert me now when I have become "old and gray headed." I can

declare before God and my country that no human being (with an exception

scarcely worthy of notice) has at any period of my life dared to

approach me with a corrupt or dishonorable proposition, and until recent

developments it had never entered into my imagination that any person,

even in the storm of exasperated political excitement, would charge me

in the most remote degree with having made such a proposition to any

human being. I may now, however, exclaim in the language of complaint

employed by my first and greatest predecessor, that I have been abused

"in such exaggerated and indecent terms as could scarcely be applied

to a Nero, to a notorious defaulter, or even to a common pickpocket."

I do therefore, for the reasons stated and in the name of the people of

the several States, solemnly protest against these proceedings of the

House of Representatives, because they are in violation of the rights of

the coordinate executive branch of the Government and subversive of its

constitutional independence; because they are calculated to foster a

band of interested parasites and informers, ever ready, for their own

advantage, to swear before _ex parte_ committees to pretended private

conversations between the President and themselves, incapable from their

nature of being disproved, thus furnishing material for harassing him,

degrading him in the eyes of the country, and eventually, should he be a

weak or a timid man, rendering him subservient to improper influences in

order to avoid such persecutions and annoyances; because they tend to

destroy that harmonious action for the common good which ought to be

maintained, and which I sincerely desire to cherish, between coordinate

branches of the Government; and, finally, because, if unresisted, they

would establish a precedent dangerous and embarrassing to all my

successors, to whatever political party they might be attached.

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