Life of James Buchanan, Fifteenth President of the United States. v. 2 (of 2)Curtis, George Ticknor
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Life of James Buchanan, Fifteenth President of the United States. v. 2 (of 2)
Curtis, George Ticknor
Buchanan, James, 1791-1868
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 biassed 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
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