Such would be some of the objections to this procedure, even if it were
admitted that there is just ground for imputing to the President the
offenses charged in the resolution. But if, on the other hand, the House
of Representatives shall be of opinion that there is no reason for
charging them upon him, and shall therefore deem it improper to prefer
an impeachment, then will the violation of privilege as it respects that
House, of justice as it regards the President, and of the Constitution
as it relates to both be only the more conspicuous and impressive.
The constitutional mode of procedure on an impeachment has not only been
wholly disregarded, but some of the first principles of natural right
and enlightened jurisprudence have been violated in the very form of the
resolution. It carefully abstains from averring in _which_ of "the late
proceedings in relation to the public revenue the President has assumed
upon himself authority and power not conferred by the Constitution and
laws," It carefully abstains from specifying _what laws_ or _what parts_
of the Constitution have been violated. Why was not the certainty of the
offense--"the nature and cause of the accusation"--set out in the manner
required in the Constitution before even the humblest individual, for
the smallest crime, can be exposed to condemnation? Such a specification
was due to the accused that he might direct his defense to the real
points of attack, to the people that they might clearly understand in
what particulars their institutions had been violated, and to the truth
and certainty of our public annals.
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