Abridgment of the Debates of Congress, from 1789 to 1856.

344 ABRIDGMENT OF THE SMIATE.] President's Protest. [MAY, 1834: ly recognized and acknowledged his subjection, peach the President before the House of Repreaccording to the provisions of the constitution, sentatives, the body alone possessing the constito the two Houses of Congress? Is not his tutional power to find an impeachment against complaint that the provisions of that instru- him; but the Senate, passing by the action of ment have not been regarded in the late action the House, had proceeded in a summary manof the Senate, but that this House of Congress ner, and without impeachment or trial, to pass has stepped by the other and assumed a jurisdic- a sentence of condemnation against him for a tion not conferred upon it by the constitution? high crime, not assuming to act in its judicial And is not the message itself an appeal to the character, as trying an impeachment, but in its Senate against its own injustice, and, in effect, legislative character, without any practical legisthrough the Senate, to the tribunal of public lative purpose. Against this sentence, thus proopinion, the only tribunal to which an appeal nounced, the President remonstrates, and sends can be taken from the decisions of the Senate? his remonstrance to the Senate, and one of the Is it right then to say that the President, in his questions before us is, Shall it be entered upon message, has exhibited a feeling above the tribu- the Journal? The Senator says, the case of nals of the country to which he is responsible? Governor McKean is not an authority in favor I am sure the Senator's sense of justice will of allowing the request of the President, beshow him that he does the President manifest cause, in that case, there was an unsuccessful wrong in this declaration. attempt to impeach, and the majority of the The conduct of the President, in sending this body to which the protest was sent, justified protest to the Senate, Mr. W. said, had been the conduct of the officer; whereas, here has the subject of severe animadversion, and the been no attempt to impeach, but the majority act had been pronounced unprecedented and of the Senate (the judicial tribunal) have conunauthorized. To rebut these suggestions, the demned without impeachment, and as a mere Senator from Illinois (Mr. KANE) had presented legislative expression. What is the force of this a precedent from the Legislature of Pennsylva- reasoning? Where an attempt is made to acnia, which was supposed strongly to support cuse a public officer, which attempt is unsucthe course pursued by the President upon this cessful, because the majority of the impeaching occasion. The honorable Senator from Ken- body think him innocent, and refuse to accuse tucky had commented upon the Pennsylvania him, the officer shall have the right to defend case, and seemed to have satisfied himself that himself against the unsuccessful accusations, it did not go, in any degree, to support the com- and shall be permitted to spread his defence munication of the President now before the upon the same record where the rejected accuSenate, and the request accompanying it, that' sations are to be found; but if the body, not it should be entered upon the Journal. Mr. authorized to accuse, but judicially to try an W. said it would be his duty very briefly to accusation, shall overstep the accusing power, examine the two cases, that the Senate might and pronounce their sentence without either the better determine how far the one would accusation or trial, then the officer shall not be justify the other. He had understood the hon- permitted to offer his defence, or to have it orable Senator to say, that the attempt was to made a part of that record which proclaims to impeach Governor McKean, then the Govern- the public his condemnation. Surely the Senor of the State of Pennsylvania, before the ator will not, upon more reflection, contend for House of Representatives of that State, the so inconsistent a rule as this. In the one case body possessing, by the State constitution, the the accusation is destroyed by the vote of a mapower of impeachment; that a committee of jority of the body to which it is submitted, and the House reported certain accusations against then the officer's defence is received and recordthe Governor, concluding with instructions that ed; in the other case the sentence of guilty is articles of impeachment should be prepared; entered upon its record by the judicial body, that a majority of the House, acting upon the while neither accusation nor trial have prereport of the committee, negatived the accusa- ceded it, and then the defence is refused a place tions, and refused to order an impeachment; that upon that same record. Can any one fail to the resolutions, by way of accusation, reported see, that if the Pennsylvania case is good parby the committee, although negatived by a liamentary authority, the case of the President, majority of the House, were entered upon its in this instance, is, in all respects, much strongJournal in the due course of the action of the er? House upon them; and that subsequently to This, Mr. W. said, brought him to the conthe final action of the House, the Governor sent sideration of the resolution of the Senate, and to it his defence against the accusations, which of the various changes which it had undergone was received, and ordered to be entered upon between the time of its introduction and the the Journal, that the accusations and defence time when the vote of the Senate was taken might remain together as matter of record for upon it. The honorable Senator had said that all succeeding ages. This was the Pennsylva- " the President had been declared by the Sennia case, as he had understood the honorable ate to have violated the constitution and laws, Senator to relate it, and as he understood the in the particulars mentioned in the resolution." facts to be. What was the case now before the Mr. W. said the remark struck him with pecuSenate? No attempt had been made to im- liar force when it was made as it appeared to

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Title: Abridgment of the Debates of Congress, from 1789 to 1856.
Author: United States. Congress.
Canvas: Page 344
Publication: New York, [etc.]: D. Appleton and company [etc.]; 1857-61.
Subject terms: United States -- Politics and government

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Abridgment of the Debates of Congress, from 1789 to 1856.

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