The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1868-05-06
BY TELEGRAPH.
CONGRESS.
wAsH1NaToN, May 5.
SENATE

members OF the Medical Convention,
now in session in the city, TO seats in
the gallery without tickets, saying
they numbered about 200.
Mr.. Drake objected.
On motion 1t was disagreed to.
Mr.. Bingham resumed his argument.
Mr.. Bingham, after recapitulating his
arguments of yesterday, took up the
question whether or not it is necessary
in this case to prove the evil intent.
State trials to show such proof is not
needed. He would not argue the point
at any length, because 1t was plainly
settled by common law, and the prac-
tice OF centuries. The arguments OF
the counsel on this question were
puerile and unfit to be uttered in the
presence of the Senate. He then re-
ferred to the question OF the power Of
the President TO fill vacancies created
by himself during the sessions of the
Senate, and insisted that the
fact OF the Intimate connection
of the power OF appointment
with that of removal, had been
studiously kept out of sight by the
counsel opposing him, and went on to
argue with reference to all the proYi-
sions bearing on the subject, that the
right to appoint Cabinet officers with
out the consent of the Senate was no
where granted TO the President by the
Constitution. 1t could not be merely
filed as a vacancy by temporary ap-
pointment, for his letter of authority
appointed Gen. Thomas for an indefi-
mite time. To show that it was not
among the Presidents implied powers
under the Constitution to vacate and
fill Offices without the consent of the
Senate, he read from the writings of
Hamilton and Webster. He further
maintained that the speeches of Sher-
man and other Senators were not sus-
ceptible of the meaning put on them by
the opposing counsel In regard to the
debate OF 1889 he contended that too
much weight was given to the utter
ances of partizan debate at the time,
but he argued that the power of re-
moval granted to the President in 1889
was restricted by subsequent legisla-
ton. He held also that President
Adams removed Mr.. Pickering before
the Senate met, although on the same
day, and the record was not clear. He
asked of what avail would be the pro-
vision in the Constitution limiting the
power to fill vacancies during a recess
OF the Senate, to issue commission
to expire at the beginning of the next
session, if the President could create
vacancies at will during the session of
the Senate. Mr.. Bingham challenged
the citation of any law section of the
Constitution which would limit the
terms of officers thus appointed by the
President. By such appointments he
could keep men in'ofIice at his pleasure
without regard to the Constitution.
On this subject and on the question of
what are the limitations of executive
power, Mr.. Bingham cited numerous
authorities and quoted from speeches
of Webster. With regard to the
Presidents defence, that he sought
to test the validity of the
tenure of Office law, he asserted that
that there had never been clear, un-
equivocal decision of the Supreme
Court against the Constitutionality of
the law of Congress. and held that #
was only bold pretence of the Presi-
dent to take upon himself n RESPONSE
bility which the Court itself had never
assumed; the presumption was alto
gether in favor of the laws validity.
To admit his possession of discre-
tionary and judicial prerogative, would
be to clothe the creature with power
superior to the power which created
him, and would enable him Mt pleasure
to defy the will ofthe people, Constltu-
ton and laws. Abiding TO an ex-
preston of Mr.. EvarIs, he denied
having claimed the omnipotence OF
Congress; he regarded that body equal
ly with the President, the servants OF
the people, but neither Congress nor
the Executive; he would make
no further answer to the clamor
of the learned gentleman on
on this point, but must repel
the charges against the House as
having brought on and originated
impeachment in party hate, and
against the Senate for having expressed
were afterwards to judge. 1t was their
duty to express that opinion, for they
were to try the President in an entirely
different capacity. He then recited the
three laws which the President was
charged with having violated, claim
ing It had been already shown that
these violations were offenses. He
quoted Kent, thnt mal-administratiou
in office was also ground for impeach-
nIent. He held that it was entirely
immaterial whether or not the artl-
cIes were framed In the technical form
of an Indictment; every child knew his
offense was an assumption of power "a
Judge OF the validity OF laws for him
self and to obey them or not, at his
pleasure, and it was not much to say,
q bolder piece OF effrontery was never
before known. He held that the elabo'
rate argument of the counsel to prove
that the law of 1868 did not repeal the
act of 1898, admitted that it was in the
power of the President to determine the
tenure of office, and the subject was
not determined by Constitutional pro-
visions, and proceeded to comment on
the act of 1867, in order to show that II
ferring to Senator Sherman'sIremarks
that he would consent to tho removal
of a Cabinet officer who should be sc
destitute of honor as to refuse to resign
when. requested by the Senate MI
Bingham said the remark was natural
at that time, for circumstances mao no'
then developed the mallgnity and dan
gerous intentions of the President, Pc
sides the expression showed tnaI thS
consent of the Senate was necessary
none doubted at that time that Mr..
Stanton came within the provisions OF
the act, The President did not Tor ne
had acknowledged as much oy sus
pending Mr., Stanton under the act
Now how is the power of suspension
given him? Even the wording of his
message was borrowed in part from the
language of the act, and this excuse
was an after thought to cover up MS
yillainy for which he held the Presl'
dent was responsible.
for having abused the powers grantee
him by the act to remove stanton VIII VIII
out alleging or proving that the latter
had become disqualified In any way
from exercising his duties.
ON re.assembling, Mr.: Bingham
claimed it had already been shown
that the President was selt-conVicLeo
in the 1st, I'd, 3d. sth and !!tn ioHsi ar1,oies
and proceeding to speak of the remove
OF Mr.. Stanton, paid a glowing tribute
to the public services, character and
virtues of that calumniated officer who tlo
had been proved faithful among ne tne
faithless, and who, in all the qualities
which adorn and enuoole human IN ma
- hnA m annnrinr In any age. llls