BY DAVID OVER. f) 01111|. "the CALIFORNIA BROTHERS- I am dying, brother dyintr, Soon you'll miss me from your berth; Aud my body will be lying 'Neath the ocean's briny surf. I am going, brother, going, Yet my trust in God is strong ; I am willing, brother, knowing, That he doeth nothing wrong. Lay up nearer, brother, nearer. For my limbs arc growiug cold ; And thy presence scemeth dearer, As thy arms around me fold. Tell my fat bet, when you greet him, That iu death I prayed for him ; Prayed that I might one day meet him, In a world that's free from sin. Tell my mother, God assist her, Now that she's growing old; That her son would glad have kissed her, When his lips were pale and cold. Tell my sister—l remember, Every kindly parting word ; And my heart is still kept tender, By the tear hei memory stirred. Hearken, brother! catch each whisper, 'lis my wife I speak of now ; Tell, oh ! tell her how I missed her, When the fever burned my brow. fell her she must kiss my children, As the kiss I last impressed; Hold them as when last I held them, Olosely folded to my breast. Oh! my children — heaven bless them; They were ail my life to me; Would I could once more caress them, Ere I sink into the sea. ' i'was for them I cros3 the ocean, What my hopes were, I'll not toll; But they've gained an orphans' portion, Yet "he doeth all things well." Give them early to the Saviour, Putting 11 their trust in God ; And he never will forsake them, For he says so in his word. Tell them IT! ne'er reach the barber, IVhere I sought the precious dust; But I've gained the port of heaven, Where the gold shall never rust. Tell them to secure an entrance, They will meet their lather there ; Faith in Jesus and repentance, Will secure for each a share. Hark ! 1 bear my Saviour speaking, 'Tis his voice I know so weil; When I am gone, O, don't be weeping, Brother, Lear my last farewell. UASS!US M. CLAY IS THREATENED. The following private letter from Mr. Clay shows that agitation in Madison county is more serious than the Kentucky papers represent. — The letter is dated March 29, 18G0: l'ours of tho 19;h is received. I have on ly lime to say that we are in a state of war.— The oligarchy were aiming at me iu the expul sion of the Rercans from their homes, beirm in hopes that I would forcibly defend thern, 'the radicals.' Defeated by my Frankfort speech, rallying all the conservative men to my standard, they churlishly gave iu, yet fanning the discontent by grabbing my speeches North, and circulating false rumors. Hanson's re turn to his sawmill at Rerca, (where he em ployed ruaDy Republicans) gave uew fuel to tbe old lire. 1 went there on Saturday, and tried to induce him to leave, telliug him he would bring ou a fight, aud advising tbe Re publicans to keep apart from the movement. — The mob at once cried cut that I was then plotting au attack. On Monday they met at Berea, insulted the people ty searching their houses, and not fiadtog Hanson, they provoked a conflict; several were wounded, and the Lynchers were defeated. On Tuesday they returned iu full force; but finding no one, •.hey broke up the sawmill, and swore ven geance against me and tbe whole party. In ;bc meantime (on Tuesday) I spoke at Rich mond, stating that 1 was aDi had been for t crtce; that I stood upon the ground of my Frankfort speech, and should defend myself and friends. The mob increased iu violence; I lie upon my arms awaiting an attack; mv family absolutely refused to retire, saying they will run bullets, and aid, as iu 1776. If driven info the woods, 1 shall attempt to hold my position as long as possible, standing ou the constitution, the laws and my right, 1 will defend them or die. Tbe cannon at Lexing ton is sent for, and the Governor's aids. Is this my causo only, or that of the American people? Is it to be vindicated in this way, aud now? Shall I stand or fall aloDe? 'May God defend the right.' Your friend, (J. M. Clay. P. S. my daughters are as firm as I and Mrs U. 0. Mr. tjby is the wrong man to be assailed in this mauner, and he has too many friends Dot only in Kentucky, but all the free States, to be assailed with impunity. lie will not, as bo intimates, or rather asks, be allowed to stand or fall alone. The violence that sbail striae down so magnanimous a defender of justice ana Ircedom, will inevitably provoke a fearful recompense. Wo earnestly hope, therefore, that the bullies who persecuted the Bereans w 11 be wite iu time. A V* eekly Paper, Devoted to Literature, Politics, the Arts, Sciences, Agriculture, Ac., &c—Terms: One Dollar and Fifty Cents in Advance. Report of Hou. John Hickmau ou the President's Protest Mr. Hickman, from tho Committco on the Judiciary, made tho following report on the President's protest: The Committee on the Judiciary, to whom was referred, the Special Message of the Presi dent of the United States to the House of Representatives, beg have to submit the fol lowing report: On the sth day of March last, John Co vode, a Representative in Congress, from the State of Pennsylvania, submitted, and the House of Representatives adopted, the follow ing resolutions: Rsolved, That a committee of Ave members be appointed by the Speaker, for the purpose ot in vestigating whether the President of tbe United States or any other officer of the Government lias, by money, patronage, or other improper means, sought to influence the action ol Congress, or any Committee thereof, for or against the passage of any law appertaining to the rights of any State or Territory; also, to inquire into and investigate whether any officer or officers of tte Government have, by combination or otherwise, prevented or defeated, or attempted to prevent or defeat the ex ecution of any law or laws now upon tho statute books, and whether the President has failed or re fused to compel the execution of any law thereof; that said Committee shall investigate and inquire into the abuses at the Chicago and other Post Of fices, and at the Philadelphia and other Navy lards, ami into any abuses in connection with the public buildings and other public works of tbe United States; aud Resolved, That as tha President, in his letter to the Pittsburg Centenary Celebrr.tion of the 25th of November, 1858, speaks of the employment of money to carry elections, said Committee shall inquire into and ascertain the amount so used in 1 ennsvlvania, and any other State or States* in what districts it was expended, and by whom and whose authority it was done; andfioin what source the money was derived, and to report the names of the parties implicated, and that for the purpose aforesaid, tbe Committee shall have power to send for persons and papers, au i report at any time. Ihe message counsels a protest against the ao'iou of this House. The President com plains that he has been "abused," and that the constiturional rights and immunities of the Executive have been violated in bis per son. The material positions assumed in the communications are substantially embraced in tha following propositions: 1. That the House of Representatives pos sesses no power uuder the Constitution, except as an impeaching body, to accuse the Presi dent of the United States or any other officer of the Government. 2. Ttrat-the first* recited reSoluttOti IS an accusation of high crimes and misdemeanors against, the President, and that bis accuser has been constituted one of his judges. 3. Thai the chaige is too vague and gene ral. 4. That tbero is danger under such a pre cedent of an aggrandizement of the Legisla tive, at the expense of the Executive and Ju dicial departments. In consideration of the high source from which the tuauilcsto proeeods, the Committee prefer to confine themselves to an examination of the postulates of the paper, however ob uoxious to criticism its general tone may be on the score of taste and temper. But they oau uot restrain au expression of their deep regret that au officer who pride? himself upon tbe fact that "tbe people have thought proper to invest him wi;h the most honorable, responsi ble and dignified offiie iu the world," and who declares be "feels proudly conscious that there is no public act of bis (my) life which will not bear the closest scrutiny," and that he defies "all investigation," should forget, amid the surrouudiegs of the place, and power, and flattery, that he is hut the servant of the same people, and that ho should not shrink back in terror or auger from a simple inquiry into his stewardship. This is the first time, under tbe Republic, that a Cbief Executive has left a recorded admission that he has been made ob livious of the origin and ephemeral character ot bis position by tbe revelries of its enjoy ment. To distinguish such couduct by appro bation would be to sanction kiugly preroga tive, and to proclaim that rightful rule oaroe "by tbe grace of God," aud not troui the con fidence of men. The nation, always charita ble in the interpretation of acts and motives, is not prepared to overlook such a delin quency. Tbe President of the United States, under the Constitution, possesses ueither privilege uor immuuiiy beyoDd the humblest citizen, and is less favored in this respect than Sena tors and Representatives in Congress. Arti cle 1, section 6, reads: "They (tue Senators and Representatives) shall, in all cases, except treason, felony and breach of the peace, bo privileged from arrest during their attendance at the sessions of their respective Houses, and in goiDg to and returning from the same." No such exemption is made in behalf of the Executive or any other officer of the Govern ment. The eouduct of the President is al ways subject to the constitutional supervision and judgment of Congress: whilst he, on the contrary, has uo such power over either biauoh ot that bodv. lie is left, under the law, with out shield or protection of any kind, except such as is borue by all. lie is as amenable for all bis acts after inauguration as before.— He can make no plea which is denied to anv other citizeu, and is subject to the same scru liuy, tiial and punishment, with the proceed ings, hazards and penalties of impeachment superadded. Iho President and citizen staod upon equality of rights. The distinction be tween them arises from an inequality ot du ties. Wheuevcr the couduci of the latter is open to inquiry and charge, that of the form er is not less so. The Presidents affirms, with s-.-cming seri ousness, in compariug himself with the House of Representatives, that, "as a co-ordinate branch of the Government, be is their equal." This is denied in emphatic terms. He is "cos BEDFORD, PA., FRIDAY. APRIL 27. 1860. or3inate" but not co-equal. Ho is "co-ordi nate,'! for he "holds the same rank," but ha is not co-equal, for his immunities and powers are less. The members of the House may claim a privilege, whether right or wrong, which he cannot, and the executive or law-executing power must always be inferior to the legislative or law making power. The latter is omnipotent within the limits of the Constitution : the for mer is subject, not only to the Constitution, but to the determinations of the latter also.— To repeat the point, the President is not, in any respect, superior to the citizen, merely be cause bo is bound t© discharge more numerous duties; and be is not co-equal with that branch of the Government which helps to impose and define those duties. The fact that he holds a limited veto over the legislation of Congress cannot affoot tho soundness of the views here briefly presented. Ilis claims to "legislative capacity," in other words to possess legislative power, will scarcely be conceded iu view of artiele 1, section 1, of Constitution, declaring that "All legislative Dowers herein [therein] granted, shall be vested in a Congress of the United btates, which shall consist of a Senate and House of Representatives." 1 he President, it will be observed, through out bis message, assumes that the resolution to which be makes reference, charges him with the commission of high crimes and misdemean ors. This was necessary to the argument he has advanced. It is for suoh charges only the House, has the power of impeachment. The gravamen of his complaint is, that the accusa tions are of such a nature, if true, as would subject him to an impeachment, and that the House has proceeded to pass upon them, or is moving to puss upon them, through a form of proceedings not authorized bv the Constitution. Herein lies the fallacy, and that which unex posed, might operato as the deception of the plea. If this were in truth a charge against the President, calling for the form of trial prescribed by the Constitution, then the deter mination of this House might possibly be open to animadversion. Unfortunately for the at tempted defence of that officer, there is no charge made of any grave offence calling for trial of any kind. It is a mere inquiry that is proposed. The lauguage of the resolution may be cited as tho best proof. The Commit tee raised is "for the purpose of investigating whether the President of the United States, or any other officer of Government, has, by money, patrenage, or other improper rneaus, sought to influence the action of Congress, or j any Oominittee Wereo?, &j., u ie inquire ;• investigate whether any officer or officers of the Government huve, by combination or other wise, prevented and defeated, or attempted to prevent and defeat, the execution of any law or laws," &o.; aud "whether the President has failed or refused to compel the execution of any laws" &3. If no criminality is alleged, but on the contrary, an investigation or inquiry alone is proposed, the question may be asked, with ruling force aud emphasis, what has the House to do with tbe law of impeachment ? The resolutions do Dot contemplate a judgment, and therefore there can be no formal trial un der them. Rut, admit that charges proper for impeachmeDt were unde, would tbe House he bound to submit tbe matter to any particular Committee, and allow tbe accused a cross-ex amination, as the President. seems to suppose? By no means. The Constitution prescribes no rules for the House, but it is left perfectly free to adopt its own. It may refer the charges to a standing Committee, or a seleet Commit tee, or may proceed without the intervention of eiiher. It may allow cross-examination, or deny it, as to members may seem most proper at tbe time. Tho precedent set in tbe case of Judge l'ock, upon which great stress is laid, cannot take away tho full discretion allowed by the Constitution, nor make tho law either shorter or narrower than it is written. In such a case, each House of Representatives will de termine for itself its mode of procedure with out suggestions from a "co-ordinate," and rely upon the highest law as its charter. There is DO Judgo presiding over tbe Representatives of the sovereign people of the sovereign States to teach and inculcate legal proprieties. WheD they shall permit even the President to do so, then will there be a law superior to tho Con stitution, and o discretion locked iu chains. Tbe resolution of the Fenato of March 28, 1834, upon which the President seemingly had his eye iu the preparation of his protes:, pre sents a case very different from tho present one. That body resolved as follows : "That the President, in his late executive pro ceedings in relation to the public revenue, has as sumed upon himself authority and power cot con ferred by the Constitution and laws, but in deroga tion of both." The complaints made by President Jackson to this proceeding were, that the acts charged upon him constituted one of the very highest crimes which that officer cau commit, impeach able from its very nature ; that the Senate, as his constitutional judges in such a case, not only acoused, but found him guilty of the charge, without any opportunity on Lis part to defend biiuself. Aod Mr. Buchanan, Jan. 16, 1837, speaking on the subject, declared that tbe Senate had transcended its constitution' power, because tbe resolution charged an i" 1 " pouchable offeuce against the President; that criminal iutent was involved in the charge, as it was to he presumed from an illegal or crim inal act. The resolutions of the House, on the con trary, do not oven irupiy censure, much less pass judgment. They propose an examination merely suoh as may bo iastitutod by any mem ber of society against any other member of society, to test informally either honesty or re spectability. And has it ever been couceived before, that such a privilege—that of inquiry —does not pertain to every human beiDg ? The fact that such investigation may lead to the conclusion that the party against whom it is brought to bear is guilty of uefarious prao- tioes, oarnot affect the right; it is preliminary to actuation, trial, and judgment. So here it cannot to made an objection to the action of tbo flliso that evidence may thus be found hurting the official character of any or many officers df Government. If it shall be found, 10 the command of those resolutions, that thcPresident is open to adireot charge of high crilies or misdeanors, it will but prove the wju>m of the proceeding. Then, and not till tben> may the party sought to be implicated demand the full hearing secured to him by the Constitution. And yet bo is subjeot to the law of lk£pHizen ; hereafter, possibly, be may in voke the law of the officer. 'I he President esteems it "a violation of the principles of universal justice," that the mem ber moving the resolution should have been ap pointed one of the Committee provided for by it. HH teu years of service, in this body, of which fe reminds us, not to speak of his sena torial Wreor, ought to have enabled hiui to re call to Uiind the precedents of Congress iu such eases. This £ a new and startliug objection, con- as it does, in terms of severe reproach, a practice in legislation co-extensive with our Dation#! existence. Certainly it has bceu the practitjjß to appoint the mover of a special in quiry chairman of the committee raised. Mr. oußbit;g, in his Law and Prac'ice , says: "On the ocqjtsion of the appointment to prepare ar ticles impeachment against Lord Melville, been ordered on tbo motion of Mr. Whitferead, that geutlemau was first appointed one of tbo committee raided." A reason for ! this course is, doubtless, to be found in tho pre sumption that tho person proposing examination has grounds to believe it importunt, and is, on that aobeunt tho best qualified to conduct the proceedings. The President likewise disapproves, in terms of Be