New-York tribune., 1868-05-05
THE IMPEACHMENT TRIAL.
MANAGER BrYGHAMs ARGUMENT.

MANAGER BINGHAMS AhUCN@NA'
A CRUSH IN THE GALLERIEs-CLosE INTENTION
or MR. BINGHAMs AUDITORs-IHE PkEel-
DrNT ,,rsT EXECUTE THE LAws-KING AN
npTIv TUF FIRsT-A STRONG AND EFFECTIVE
ARGUMENT.
NJ TELEGRAPH TO TRBuSs
WASHINGTON, Monday, May 4, 1863.
Tho last sneecb in the Impeachment Trial of the
President was begun to-day, at 10 minutes after II
o'clock The Court was opened at the usual hour,
with the ordinary fOrmaties, the Managers and the
House of Representatives having been introduced in
accordance with the rules made and provided. The
number of spectators was greater than on any day
since Mr.. Butler made his unanswerable opening
argument, and the display of beauty and fashion
probably surpassed that of any previous occasion
since the beginning of the trial Not only were al
the seats occupied but the passages between the
benches were thrOnged and the polite doorkeepers
surrendered their chairs to gentlewomen who had
arrived too late to secure seats The scene on the
floor was unchanged, except that the table of the
Presidents counsel was nearly deserted The chairs
of three of the counsel were unOccupied. All the
ponderous law tones and portfolios had been re-
moved. and nothing remained but the large silver
pitcher with its attendant tumblers. Mr. Groesbeck
and Mr. Nelson were the only representatives OF the
President who waited to hear the Managers final re-
ply. Mr. Stevens was absent, and Mr.. Butler re-
maned only a few minutes. MeSsrs. Logan, Wilson,
and Williams were in their places and assisted Mr.
Bingham in his references.
The first point taken up by Mr.. Bingham after the
cxordium was the duty of the President, under the
Constitution, and according to his oath, which Is to
execute the laws. Mr.. Bingham dwelt at considera-
ble length upon this point and with clearness and
force showed.the enOmity of Andrew JohnsOns Of
Tending. The President, he said, has nothing 10 do
with the constitutionality or unconstiutionalty OF
any statute. All he has TO do all he Is empowered to
do. is 10 execute the law, whether be approves it
or not Manager Bingham demolished at one blow
that portion Of the defense on which Mr.. Eyarts
pended so much ingenuity and labor, name
w. that the President has clear right
to interpret the Constitution for himself.
MrI Bingham quoted the opinion of ChiefJustice
Marshall delivered 80 years ago, that the President
and his Cabinet officers are bound to execute the
laws. He alluded to the Fugitive Slave law, which
Daniel Webster denounced as without the pale of
the Constitution, but nevertheless said should be
obeyed until 1t was repealed. Mr.. Bingham rose in
lofty eOquence in allusiOn TO Margaret, the slave
mother who took away the life of her child rather
than that il should go back to Slavery. Not only
the galleries but the Senators the floor felt the
force of his reasoning when he said that even the
law which drove this slave mother to infanticide
must be executed. Mr.. Bingham next alluded to the
attack upon Mr. Lincoln in the charge that while he
was President he violated the laws. The eloquent
Manager branded these charges atIociOusly false
and saudeTOus.
At a few minutes before 2 the Court took a Te-
cess and did not its session until 25O. when
Mr.. Bingham resumed his argument He quoted the
Constitution on the subject of the lawmakng power
Of Congress- 1t shall be the duty of the President
to execute the law" lie enlarged upon the absurdity
of the poston that the President could by suspend
ing the operation of the law practically repeal it for
any length of time If such were the case. in the
Tenure-of Office law why the President could SO act
with respect to every other statute. Mr. bingham
was listened to throughout with the closest atten-
ton and the general impression is that so far he has
made a most effective argument. The probabilities
are that he will not finish before Wednesday.