JAMES BUCHANAN.

WASHINGTON, _June 22, 1860_.

_To the House of Representatives_:

In my message to the House of Representatives of the 28th March last I

solemnly protested against the creation of a committee, at the head of

which was placed my accuser, for the purpose of investigating whether

the President had, "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," I protested against this because it was destitute of any

specification; because it referred to no particular act to enable the

President to prepare for his defense; because it deprived him of the

constitutional guards which, in common with every citizen of the United

States, he possesses for his protection, and because it assailed his

constitutional independence as a coordinate branch of the Government.

There is an enlightened justice, as well as a beautiful symmetry, in

every part of the Constitution. This is conspicuously manifested in

regard to impeachments. The House of Representatives possesses "the

sole power of impeachment," the Senate "the sole power to try all

impeachments;" and the impeachable offenses are "treason, bribery, or

other high crimes or misdemeanors." The practice of the House from the

earliest times had been in accordance with its own dignity, the rights

of the accused, and the demands of justice. At the commencement of each

judicial investigation which might lead to an impeachment specific

charges were always preferred; the accused had an opportunity of

cross-examining the witnesses, and he was placed in full possession of

the precise nature of the offense which he had to meet. An impartial and

elevated standing committee was charged with this investigation, upon

which no member inspired with the ancient sense of honor and justice

would have served had he ever expressed an opinion against the accused.

Until the present occasion it was never deemed proper to transform the

accuser into the judge and to confer upon him the selection of his own

committee.

The charges made against me in vague and general terms were of such

a false and atrocious character that I did not entertain a moment's

apprehension for the result. They were abhorrent to every principle

instilled into me from my youth and every practice of my life, and I

did not believe it possible that the man existed who would so basely

perjure himself as to swear to the truth of any such accusations. In

this conviction I am informed I have not been mistaken.

In my former protest, therefore, I truly and emphatically declared

that it was made for no reason personal to myself, but because the

proceedings of the House were in violation of the rights of the

coordinate executive branch of the Government, subversive of its

constitutional independence, and if unresisted would establish

a precedent dangerous and embarrassing to all my successors.

Notwithstanding all this, if the committee had not transcended

the authority conferred upon it by the resolution of the House of

Representatives, broad and general as this was, I should have remained

silent upon the subject. What I now charge is that they have acted as

though they possessed unlimited power, and, without any warrant whatever

in the resolution under which they were appointed, have pursued a course

not merely at war with the constitutional rights of the Executive, but

tending to degrade the Presidential office itself to such a degree as to

render it unworthy of the acceptance of any man of honor or principle.

The resolution of the House, so far as it is accusatory of the

President, is confined to an inquiry whether he had used corrupt or

improper means to influence the action of Congress or any of its

committees on legislative measures pending before them--nothing more,

nothing less. I have not learned through the newspapers or in any other

mode that the committee have touched the other accusatory branch of the

resolution, charging the President with a violation of duty in failing

to execute some law or laws. This branch of the resolution is therefore

out of the question. By what authority, then, have the committee

undertaken to investigate the course of the President in regard to the

convention which framed the Lecompton constitution? By what authority

have they undertaken to pry into our foreign relations for the purpose

of assailing him on account of the instructions given by the Secretary

of State to our minister in Mexico relative to the Tehuantepec route?

By what authority have they inquired into the causes of removal from

office, and this from the parties themselves removed, with a view to

prejudice his character, notwithstanding this power of removal belongs

exclusively to the President under the Constitution, was so decided by

the First Congress in the year 1789, and has accordingly ever since been

exercised? There is in the resolution no pretext of authority for the

committee to investigate the question of the printing of the post-office

blanks; nor is it to be supposed that the House, if asked, would have

granted such an authority, because this question had been previously

committed to two other committees--one in the Senate and the other in

the House. Notwithstanding this absolute want of power, the committee

rushed into this investigation in advance of all other subjects.

The committee proceeded for months, from March 22, 1860, to examine _ex

parte_ and without any notice to myself into every subject which could

possibly affect my character. Interested and vindictive witnesses were

summoned and examined before them; and the first and only information of

their testimony which, in almost every instance, I received was obtained

from the publication of such portions of it as could injuriously affect

myself in the New York journals. It mattered not that these statements

were, so far as I have learned, disproved by the most respectable

witnesses who happened to be on the spot. The telegraph was silent

respecting these contradictions. It was a secret committee in regard

to the testimony in my defense, but it was public in regard to all the

testimony which could by possibility reflect on my character. The poison

was left to produce its effect upon the public mind, whilst the antidote

was carefully withheld.

In their examinations the committee violated the most sacred and

honorable confidences existing among men. Private correspondence,

which a truly honorable man would never even entertain a distant thought

of divulging, was dragged to light. Different persons in official and

confidential relations with myself, and with whom it was supposed I

might have held conversations the revelation of which would do me

injury, were examined. Even members of the Senate and members of my own

Cabinet, both my constitutional advisers, were called upon to testify,

for the purpose of discovering something, if possible, to my discredit.

The distribution of the patronage of the Government is by far the most

disagreeable duty of the President. Applicants are so numerous and their

applications are pressed with such eagerness by their friends, both in

and out of Congress, that the selection of one for any desirable office

gives offense to many. Disappointed applicants, removed officers, and

those who for any cause, real or imaginary, had become hostile to the

Administration presented themselves or were invited by a summons to

appear before the committee. These are the most dangerous witnesses.

Even with the best intentions they are so influenced by prejudice and

disappointment that they almost inevitably discolor truth. They swear to

their own version of private conversations with the President without

the possibility of contradiction. His lips are sealed, and he is left

at their mercy. He can not, as a coordinate branch of the Government,

appear before a committee of investigation to contradict the oaths of

such witnesses. Every coward knows that he can employ insulting language

against the President with impunity, and every false or prejudiced

witness can attempt to swear away his character before such a committee

without the fear of contradiction.

Thus for months, whilst doing my best at one end of the Avenue to

perform my high and responsible duties to the country, has there been a

committee of the House of Representatives in session at the other end of

the Avenue spreading a drag net, without the shadow of authority from

the House, over the whole Union, to catch any disappointed man willing

to malign my character; and all this in secret conclave. The lion's

mouth at Venice, into which secret denunciations were dropped, is an

apt illustration of the Covode committee. The star-chamber, tyrannical

and odious as it was, never proceeded in such a manner. For centuries

there has been nothing like it in any civilized country, except the

revolutionary tribunal of France in the days of Robespierre. Now I

undertake to state and to prove that should the proceedings of the

committee be sanctioned by the House and become a precedent for future

times the balance of the Constitution will be entirely upset, and there

will no longer remain the three coordinate and independent branches of

the Government--legislative, executive, and judicial. The worst fears of

the patriots and statesmen who framed the Constitution in regard to the

usurpations of the legislative on the executive and judicial branches

will then be realized. In the language of Mr. Madison, speaking on this

very subject in the forty-eighth number of the Federalist:

In a representative republic, where the executive magistracy is

carefully limited, both in the extent and duration of its power, and

where the legislative power is exercised by an assembly which is

inspired, by a supposed influence over the people, with an intrepid

confidence in its own strength, which is sufficiently numerous to feel

all the passions which actuate a multitude, yet not so numerous as to

be incapable of pursuing the objects of its passions by means which

reason prescribes, it is against the enterprising ambition of this

department that the people ought to indulge all their jealousy and

exhaust all their precautions.

And in the expressive and pointed language of Mr. Jefferson, when

speaking of the tendency of the legislative branch of Government to

usurp the rights of the weaker branches:

The concentrating these in the same hands is precisely the definition

of despotic government. It will be no alleviation that these powers

will be exercised by a plurality of hands, and not by a single one.

One hundred and seventy-three despots would surely be as oppressive

as one. Let those who doubt it turn their eyes on the Republic of

Venice. As little will it avail us that they are chosen by ourselves.

An elective despotism was not the government we fought for, but one

which should not only be founded on free principles, but in which the

powers of government should be so divided and balanced among several

bodies of magistracy as that no one could transcend their legal limits

without being effectually checked and controlled by the others.

Should the proceedings of the Covode committee become a precedent, both

the letter and spirit of the Constitution will be violated. One of the

three massive columns on which the whole superstructure rests will be

broken down. Instead of the Executive being a coordinate it will become

a subordinate branch of the Government. The Presidential office will

be dragged into the dust. The House of Representatives will then have

rendered the Executive almost necessarily subservient to its wishes,

instead of being independent. How is it possible that two powers in the

State can be coordinate and independent of each other if the one claims

and exercises the power to reprove and to censure all the official acts

and all the private conversations of the other, and this upon _ex parte_

testimony before a secret inquisitorial committee in short, to assume a

general censorship over the other? The idea is as absurd in public as

it would be in private life. Should the President attempt to assert and

maintain his own independence, future Covode committees may dragoon him

into submission by collecting the hosts of disappointed office hunters,

removed officers, and those who desire to live upon the public Treasury,

which must follow in the wake of every Administration, and they in

secret conclave will swear away his reputation. Under such circumstances

he must be a very bold man should he not surrender at discretion and

consent to exercise his authority according to the will of those

invested with this terrific power. The sovereign people of the several

States have elected him to the highest and most honorable office in

the world. He is their only direct representative in the Government.

By their Constitution they have made him Commander in Chief of their

Army and Navy. He represents them in their intercourse with foreign

nations. Clothed with their dignity and authority, he occupies a proud

position before all nations, civilized and savage. With the consent of

the Senate, he appoints all the important officers of the Government.

He exercises the veto power, and to that extent controls the legislation

of Congress. For the performance of these high duties he is responsible

to the people of the several States, and not in any degree to the House

of Representatives.

Shall he surrender these high powers, conferred upon him as the

representative of the American people for their benefit, to the House

to be exercised under their overshadowing influence and control? Shall

he alone of all the citizens of the United States be denied a fair

trial? Shall he alone not be "informed of the nature and cause of the

accusation" against him? Shall he alone not "be confronted with the

witnesses" against him? Shall the House of Representatives, usurping the

powers of the Senate, proceed to try the President through the agency of

a secret committee of the body, where it is impossible he can make any

defense, and then, without affording him an opportunity of being heard,

pronounce a judgment of censure against him? The very same rule might

be applied for the very same reason to every judge of every court of

the United States. From what part of the Constitution is this terrible

secret inquisitorial power derived? No such express power exists.

From which of the enumerated powers can it be inferred? It is true the

House can not pronounce the formal judgment against him of "removal

from office," but they can by their judgment of censure asperse his

reputation, and thus to the extent of their influence render the office

contemptible. An example is at hand of the reckless manner in which this

power of censure can be employed in high party times. The House on a

recent occasion have attempted to degrade the President by adopting the

resolution of Mr. John Sherman declaring that he, in conjunction with

the Secretary of the Navy, "by receiving and considering the party

relations of bidders for contracts and the effect of awarding contracts

upon pending elections, have set an example dangerous to the public

safety and deserving the reproof of this House."

It will scarcely be credited that the sole pretext for this vote of

censure was the simple fact that in disposing of the numerous letters

of every imaginable character which I daily receive I had in the usual

course of business referred a letter from Colonel Patterson, of

Philadelphia, in relation to a contract, to the attention of the

Secretary of the Navy, the head of the appropriate Department, without

expressing or intimating any opinion whatever on the subject; and to

make the matter if possible still plainer, the Secretary had informed

the committee that "_the President did not in any manner interfere in

this case, nor has he in any other case of contract since I have been

in the Department_." The absence of all proof to sustain this attempt

to degrade the President, whilst it manifests the venom of the shaft

aimed at him, has destroyed the vigor of the bow.

To return after this digression: Should the House, by the institution

of Covode committees, votes of censure, and other devices to harass the

President, reduce him to subservience to their will and render him their

creature, then the well-balanced Government which our fathers framed

will be annihilated. This conflict has already been commenced in earnest

by the House against the Executive. A bad precedent rarely, if ever,

dies. It will, I fear, be pursued in the time of my successors, no

matter what may be their political character. Should secret committees

be appointed with unlimited authority to range over all the words and

actions, and, if possible, the very thoughts, of the President with a

view to discover something in his past life prejudicial to his character

from parasites and informers, this would be an ordeal which scarcely any

mere man since the fall could endure. It would be to subject him to a

reign of terror from which the stoutest and purest heart might shrink.

I have passed triumphantly through this ordeal. My vindication is

complete. The committee have reported no resolution looking to an

impeachment against me; no resolution of censure; not even a resolution

pointing out any abuses in any of the Executive Departments of the

Government to be corrected by legislation. This is the highest

commendation which could be bestowed on the heads of these Departments.

The sovereign people of the States will, however, I trust, save my

successors, whoever they may be, from any such ordeal. They are frank,

bold, and honest. They detest delators and informers. I therefore, in

the name and as the representative of this great people, and standing

upon the ramparts of the Constitution which they "have ordained and

established," do solemnly protest against these unprecedented and

unconstitutional proceedings.

There was still another committee raised by the House on the 6th

March last, on motion of Mr. Hoard, to which I had not the slightest

objection. The resolution creating it was confined to specific charges,

which I have ever since been ready and willing to meet. I have at

all times invited and defied fair investigation upon constitutional

principles. I have received no notice that this committee have ever

proceeded to the investigation.

Why should the House of Representatives desire to encroach on the other

departments of the Government? Their rightful powers are ample for every

legitimate purpose. They are the impeaching body. In their legislative

capacity it is their most wise and wholesome prerogative to institute

rigid examinations into the manner in which all departments of the

Government are conducted, with a view to reform abuses, to promote

economy, and to improve every branch of administration. Should they

find reason to believe in the course of their examinations that any

grave offense had been committed by the President or any officer of

the Government rendering it proper, in their judgment, to resort to

impeachment, their course would be plain. They would then transfer the

question from their legislative to their accusatory jurisdiction, and

take care that in all the preliminary judicial proceedings preparatory

to the vote of articles of impeachment the accused should enjoy the

benefit of cross-examining the witnesses and all the other safeguards

with which the Constitution surrounds every American citizen.

If in a legislative investigation it should appear that the public

interest required the removal of any officer of the Government, no

President has ever existed who, after giving him a fair hearing, would

hesitate to apply the remedy.

This I take to be the ancient and well-established practice. An

adherence to it will best promote the harmony and the dignity of the

intercourse between the coordinate branches of the Government and render

us all more respectable both in the eyes of our own countrymen and of

foreign nations.

A Compilation of the Messages and Papers of the Presidents. Volume 5, part 4: James Buchanan · 第 214 / 249 题