es.
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 he
|