One of the apprehensions of the framers of the Constitution was that of executive usurpation of functions lawfully pertaining to the co-ordinate department of the Government. This was measurably guarded against by the provision requiring appointment to high office to be by and with the advice and consent of the Senate. While the President by the exercise of the veto power possesses a negative upon legislation, the Senate by virtue of the provision quoted has an equally effective negative upon executive appointments to important office.
To the President is confided primarily the treaty-making power. Treaties are the law of the land, and their observance in spirit as well as letter touches the national honor. Upon this often depends the issue of peace or war. Before becoming effective their ratification by a two-thirds vote of the Senate is indispensable. From these and other safeguards strikingly appear what are known as "the checks and balances" of the Constitution.
An important function of the Senate yet to be mentioned is that of sitting as a high court of impeachment. The President, Vice-President, and other high officials are amenable to its jurisdiction. The initial step, however, in such procedure is by the House of Representatives, as the grand inquest of the nation, presenting articles of impeachment, the Senate possessing the sole power of trial. Six times only in our history has the Senate been resolved into a Court of Impeachment, and only twice—in the case of district judges—has there been a conviction. The earliest trial, more than a century ago, was that of a supreme justice, Chase of Maryland. Apart from the high official position of the accused, and the august tribunal before which he was arraigned, this trial is of historic interest from the fact that it involved the once famous Alien and Sedition Laws; that John Randolph was chief of the managers on the part of the House; Pinckney, Martin, and William Wirt of counsel for the defence; and Vice-President Aaron Burr, the presiding officer of the court.
The trial of Belknap, Secretary of War, is still within the memory of many. As a member of the House, I attended it from the beginning. It appearing from the evidence that Belknap had resigned his office before the presentation of the articles of impeachment, he was acquitted. The fate of General Belknap was indeed a sad one, that of a hitherto honorable career suddenly terminated under a cloud. Morally guiltless himself, his chivalric assumption of responsibility for the act of one near to him, and his patiently abiding the consequence, has invested with something of pathos, and even romance, the memory of his trial.
An impeachment that has left its deep impress upon history, and before which all others pale into insignificance, was that of President Johnson, charged by the House of Representatives with the commission of "high crimes and misdemeanors." He had been elected to the second place upon the ticket with Mr. Lincoln in 1864, and upon the death of the latter, succeeded to the Presidency. Radical differences with the majority in the Congress, upon questions vital and far-reaching, ultimately culminated in the presentation of articles of impeachment. Partisan feeling was at its height, and the excitement throughout the country intense. The trial was protracted for many weeks without jot or tittle of abatement in the public interest. The chief managers on the part of the House were Benjamin F. Butler and Thaddeus Stevens. The array of counsel for the accused included the names of Benjamin R. Curtis, Henry Stanberry, and William M. Evarts. The Senate, in its high character of a court, was presided over for the first and only time by the Chief Justice of the United States. The trial was conducted with marked decorum; every phase of questions touching the exercise of executive authority, or lawful discretion, was fully discussed, the very springs of legislative power, and its limitation under Constitutional government, were laid bare—all with an eloquence unparalleled save only in the wondrous efforts of Sheridan, Fox, and Burke in the historic impeachment of Warren Hastings before the British House of Lords. The spectacle presented was one that challenged the attention and wonder of the nations; that of the chief magistrate of a great republic at the bar of justice, calmly awaiting judgment without popular disturbance or attempted revolt, under the safeguards of law and its appointments. The highest test of the virtue of our system of representative government, and of the unfaltering devotion of our people to its prescribed methods, is to be found in the fact, that during the protracted trial the various departments proceeded with wonted regularity; the verdict of the Senate was acquiesced in without manifestation of hostility; partisan passion soon abated and the great impeachment peaceably relegated to the domain of history.
The House of Representatives has an official life of short duration. Its reorganization is biennial. The Senate is enduring. Always organized, it is the continuing body of our national legislature. Its members change, but the Senate continues the same now, as in the first hour of the Republic.
In his last great speech in the Senate, Mr. Webster said:
"It is fortunate that there is a Senate of the United States; a body not yet moved from its propriety, not lost to a full sense of its own dignity and its own high responsibilities, and a body to which the country looks with confidence for wise, moderate, patriotic, and healing counsels."
Upon the first assembling of the Senate in its present magnificent chamber nearly half a century ago, the Vice-President closed his eloquent dedicatory address with the words:
"Though these marble walls moulder into ruins, the Senate in another age may bear into a new and larger chamber the Constitution vigorous and inviolate, and the last generation of posterity shall witness the deliberations of the representatives of American States still united, prosperous, and free."