The New York herald., 1868-05-06

an unConstieuuoha Jaw was no law, bnt ne insisted
thas IL cannot be considered unconstitutional until
It has been so pronounced in the proper way lie
would also reterate thai evl intent Is to be pre-
sumed nom evil acts, but the Presidents evil inten-
tron was not merely matter OF presumption but OF
confession. To show this MIR. Bingham read
Mr.. Bingham contnued:--He says ..You knew
the President unwilling to trust the once with
Stanton to resort to the courtsn And he Knew . az
well as he knew anything, II he indeed knew any
thing at all-tlaughterl.a and Il he does not, then
order an inquest OF lunacy and dispose OF him in
that manner. He knew, II he knew anything at all.
that he prevented Mr.. Stanton nom resuming
test that question in your courts Of justice
than can the unborn child and the man who does
he snd for natural
(Laughter). He has abused the powers that have
been given him. man that had sense enough to
sense enough 10 know that. tLAughter) Yet the
gentieman's ONCE goes ON here, ana the the
BY the pretence that we are prosecuting an
innocent man. defender OF the constitution, lover
Of justice, respecter Of oaths have had occasion
The The letter Which s have just
prevent rs Stanton ss sn T resa%ns H1SSs
the. the efice, and then the afterthought is to
s s 5 as % %
would have been the end OF 1t. Mr.. Stanton never
could have got In; and that question has been dis
ton and the President knew Il When he ' baSSIod
this stun In order to deceive the gr0undlinge. Let
to he ssnas s asa SS 01sss Bsss
sSS sSed ouoSss 0ns age cse Mr. Sssd from
the eject that the writ Of quo soa,Tanto a can be
maintained only at the instance Of the government
This High Court Of impeachment Senators, is the
possibility be referred Mr. Stanton could not bring
that question here. The people Of the United States
your Judgment now Senator'S @ ask YOU another
question, and that s this-How does the Presidents
to the courts that he suspended him comport with
the pretence Of his answer that his only purposewas
to have the Court pass upon as cSnsta
law, the validity and the obligation of which
recognized, availing himself Of its express
grant to suspend the head Of department from the
epns se 70 the he
now comes with his answer and says that his only
purpose was that he might test the validity Of the
q very tender regard for the constitution II that
was his sole purpose. How comes It that the
Senate Will answer that question when they come to
IN s Rssi hs ne reSs ss Re
spOnd here now to that inquiry, full Of learning
he is full OF years, he would answer that 1t was
because 1t was impossible that the Presi-
dent could have instituted the proceedings.
Mr. Chief Justice, it is well known to
and the President left It, that there is no colorado
under the constitution and laws Of this c0nn-
Sad eD ssF
why insult the people by m0cklng them with this
bold political assertion that his only purpose in do
ing the act was to institute proceeding In his own
mode In the Supreme Court OF the United States to
test the validity of the peoples laws' Senator'S 1t Is
dent Is by those learned in the law, and cast no
pr0ach on them in saying it-it was their duty to
% their aay S %
which had Ssased Proyldsnse es'' se enSow
learning aa and I nssd his accSmpiisSo@ assend ND
ss se r sSre a sa ss wsn ps
pose in violating your laws that be might test
the validity OF the statute in the Supreme Court Of
under the constitution and laws to raise the Qnes-
ton at all, the written order Tor the re-
Of authority for the appointment Of Lorenzo Thomas
to the office Of Secretary OF the Department OF War,
are simply written confessions Of his guilt in the
then read from Greenieaf to show that the
what, with ordinary intesenes,p sp0nSs'' he must
have seen would be the consequence OF his
was not contaminated he said that 1t had long been
settled that the attempt to commit misdemeanor
Of which proposition he cited legal authority.
He also held that any offence under the COM
mon law was indictabe in the District Of
According to the Tenure OF ONCE law 1t made the
removal Of Mr.. Stanton and the appointment OF Gen.
could deny that they were impeachable offences. The
only question which remained to be considered was
that was q closed question. To acknowledge now
that the Tenure OF ONCE act which after long discus
sion had been passed, and again passed over the
is unconstitutional will be for the Senate to deny
its decision three times made and to confess that It
Ia the guilty party worthy Of impeachment.
Mr.. Bingham then referred to his own course and
that OF the majority Of In opposing impeach
made him mad whom they wished to des
troy" In regard to the defence based on
the practice q the government during eighty
TO the spirit Of the Tenure OF once law, but
claimed that the ~cts Of 1853 and 1892 and subse-
Congress to regulate the entire subject. In regard
TO the declaration Of the President which, contrary
TO all rules Of evidence had been adduced in his de-
fence, he said they were oil made after the facts yet
he not sorry they all concurred In showing the
Presidents unjusti6able purpose.
Mr.. Bingham then took up the charges OF conspiracy
and argued that the joint action OF the President and
General Thomas was indictabe under the conspiracy
act Of lsSli but said that the indictment OF Gen.
Presidents impeachment and conviction, since
the latter would nnIllfy 1t by the use OF
them the conviction OF the President was demanded
u were urged that this was a small offence he re.
minded Senators that they mot granted
evidence Of General Thomas and claimed to
show therefrom that he and the President
matters concerning army movements and appropria-
tions but on conference had decided 70 let their
ca not e% o
success.
and court both adjourned at i've minutes past four.
THE NEW YORK CANALS.
TROY, May 8, 1903.