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Richardson, James D. (James Daniel), 1843-1914

"Volume 3, part 1: Andrew Jackson (Second Term)"

In addition to the responsibilities which may thus be
enforced by impeachment, criminal prosecution, or suit at law, he
is also accountable at the bar of public opinion for every act of his
Administration. Subject only to the restraints of truth and justice,
the free people of the United States have the undoubted right, as
individuals or collectively, orally or in writing, at such times and in
such language and form as they may think proper, to discuss his official
conduct and to express and promulgate their opinions concerning it.
Indirectly also his conduct may come under review in either branch of
the Legislature, or in the Senate when acting in its executive capacity,
and so far as the executive or legislative proceedings of these bodies
may require it, it may be exercised by them. These are believed to be
the proper and only modes in which the President of the United States
is to be held accountable for his official conduct.
Tested by these principles, the resolution of the Senate is wholly
unauthorized by the Constitution, and in derogation of its entire
spirit. It assumes that a single branch of the legislative department
may for the purposes of a public censure, and without any view to
legislation or impeachment, take up, consider, and decide upon the
official acts of the Executive.


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