The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1868-05-05
BY TELEGRAPH.
CONGRESS.
MAsH1NaToN. Nav 8.
SENATE.

AfteI the reading OF the journal Mr..
Bingham commenced the final Rrgu-
ment for the prosecution, protesting that
he took part in these proceedings from
no partizan feelings, but with weighty
sense of their solemnty and true mean
ing. He proceeded to sketch the events
attendant on the assassination of Pres
ident Lincoln, and the accession TAN
drew johnson to the Presidency, re-
ferring to his oath to execute the laws
He spoke of their majestic supremacy
in our form of government, and claim
ed that the President was equally sub
ject to their authority with the humble
frontier settler. He dwelt on the high
trust committed to the Senate, and as
serted that the issues of life
were hung on their decisions.
He asked how the charge of violation
of the supreme law was met by Coun-
sci, who for hire defend the treason of
the criminal respondent? 1t was by the
outrageous assertion that each branch
of the Government had right to judge
of the constitutionallty of laws and
obey them or not at pleasure. This
was the defense made for His Highness,
the first King of the nation. Mr.. Bing-
ham held the Senate by upholding this
proposition would lay the foundation
Tor monarchy first and anarchy next,
reign of chaotic darkness. On this
issue, which, in spite of lawyers tricks
and special pleas, was the real question
involved, their decision must stand
for trial by the people. He repeated
the question was whether the President
could be held to answer for the violation
of the law. He held first that the Sem
ate. had sole power to decide every
question of law or fact arising; they
were also the final arbiters; and the
frequent attempts OF counsel to bring
the Senate and Court in opposition
N,I IL 80 ID =
tentlon. He would not initiate the
eloquent counsel, Mr.. Evarts, who had
shown himself an eater of syllables, II
snapper up of triflles, who had dis
played more latin than law, more
rhetoric than logic. and more intellec-
tual pyrotechnics than either. He also
referred to the length of Mr.. Evarts'
speech by saying he tried to render it
immortal by making 1t eternal. Mr..
Bingham held simply that the Senate
was the supreme and final judicial
tribunal of the United States; and as to
the argument which had been made at
such interminable length, that the Su-
preme Court was court OF last resort
for the decision of the constitutional
question, he held it had no more to
DO with the present question than the
court of st. Petersburg, and that judg-
ments OF this tribunal could not be af-
fected by decisions of the Supreme
Court made before or after the I'm
peachment trial. He argued that the
original Jurisdiction of the Supreme
Court did not extend TO impeach-
ments, and therefore these references
to its decisions were irrelevant,
and their arguments on this point are
without colorado excuse. He then
considered the proposition advanced by
the counsel, that heads of departments
were merely the registering secretaries
of the President-bound 10 do his will.
Reading from the decision of the Su-
preme Court, in the case quoted by Mr..
Eyarts, he claimed that It was therein
plainly laid down that such officers
were bound by law, and not by the
Presidents will, He also claimed that
the other position assumed by all OF the
Presidents counsel, that he could sit
in Judgment on the validity of laws,
same tribunal, thirty years ago, which
decisions had never been questioned,
and proceeded to read extracts from
them. He further asserted that the ex-
Attorney General was wholly mex
cusable in attempting to force into this
present presiding officer in the Missis-
sippi case. and argued that 1t had no
relevancy whatever to the question in
dispute. he claimed then that 1t was
proved that we could not allow the
Presidents discretion as to which law
he wouldIsxecuts without tnterpolating
words into the Constitution. Hereferred
to the act of Washington in suppressing
the whisky insurrection, and that of
jackson in crushing ont nullificRtion,
as instances in which obnoxious laws
were executed by Presidents who en-
tertained grave doubts OF their consti-
tutionality. He also spoke of the
acquiesence of the American people in
the unconstitutional and iniquitous
fugitive slave law until its abrogation,
and in this connection dwelt at length
on the subject of slavery with Its va
rious characteristics. He spoke OF the
counsel's reference to President Lin
coin, that he had violated the laws OF
his country and furnished many prece-
dents for President Johnson's crimes,
as bold, calumniating ISLANDERS on his
memory. The suspension OF habeas
corpus was not made by him but by
civil war, which rendered it necessary.
In regard to the passage of the indem-
nifty act, he said the purpose OF Con-
gress in such legislation was TO Furnish
authority to the courts to DISMISS cases
brought against the Presidents agents
for what they had done In pursuance
of the Constitution. II their acts had
been unwarranted, the indemnify
laws would have been of no avail.
Recess.
On reassembling Mr.. Bingham re-
Mr.. Evarts based on successful re-
sistance to the brokers' tax law In New
York, as an insult to the Senate, and
said one capable of making 1t was not
fit to argue grave constitutional PToVi-
visions relating to the passagR of bilIs+
over veto, and maintaining that every
one who had learned to read can plain:
ly settle the question whether or not
the President broke law. Referring
to a citation by Mr.. Nelson he con-
tended It had no bearing on the case,
besides its author, Jefferson, was not
authoritative in regard to the Constitn-
ton, which he did not help to frame'
Reading the list of powers granted TO
the President by the Constitution ne
called attention to the fact that no
power of suspending laws nntlI
their validity is tested, is anywhere
given him, and held that such a
claim OF both the legislative and
executive functions was in contfaVen-
ton ofthe express terms of the instru-
ment. He insisted that this claim In
yolyed also an assumption OF the 1u1l-
cial powers, and characterized the
entire proposition as too absurd 10 oe
submitted to children. By the exerclse
of this assumed power the President
could suspend legislation OF all kinds;
he could prevent the creation OF 1uol,
cial districts, the erection Of states anu
election of representatives, the enact
ment OF revenue laws, and In snort ne
could destroy the framework OF our
constitutional government. Mhetnsa
he shall be allowed to do this ls tne
question now:to be determined. For
righteous decision. The prayers OF mil
lions now ascend. AS to what 'crtmes
oon ha consfdared impeachable, ne