Evening star. [volume] (Washington, D.C.) 1854-1972, 1868-05-05
the IMPEACHMENT TRIAL.
Conclusion Of Yesterdays Preceedinys.

SKSArE--Yesterday af>sr recess-
Mr.. Bingham continued his argument at
hnGth, saying he had forgotten TO notice the
point made by the astute counsel INF. Evarts)
tax under his (Mr. E.'s) advice. Such An
argument was an insult to the American peo-
pie, and the man who made II was not at TO
stand here to argue before TINS Senate II did
not touch this case at all. Mr.. b. here read from
the provisions of the constitution relative to
the veto of bills by the President, and said that
il was written so plainly IN the constitution
that mortal man can gainsay IL, that every
bill which he shall sign shall become a law
every bill which shall be passed by a two
thirds vote over his objections shall be a law;
every biii which he shall not return within ten
days shall be law: There it is, that it shall be
law. and the people mean what they say, and
the President and his defenders, with their
small arms can play upon the bulwark of the
constitution; they cannot change it, But, say
the counsel, an unconstitutional law cannot be
law. Granted; but the President is not the
department of the government to construe this
matter between the people and their represen-
tauyes. Inc law must stand until repealed or
abrogated under the provisions of the constitu-
ton.
Mr.. u. here read from the Constitution the
specific powers conferred upon the President
and held that he was neither granted legislative
or judicial powers, yet both of these po wers are
claimed IN the defense set mp for him here to-
day. He claims the power TO repeal your laws
az his pleasure. He Mr.. b. used this word re-
peal with elaboration, for the power to suspend
laws until such time as he (the Presidency
saw mt to obtain a judicial decision was a re-
only execute such laws as he may approve
II be can dispense At his own pleasure with one
act OF Congress, can he not dispense with any
or all acts He did not propose 70 waste words
IN noticing what he would call the mere law
yer's work Of the counsel from Massachusetts,
(Mr. Curtis,) who opened the case, in saving
that even If the President was guilty, as
charged, of violating the law, that did not make
him guilty of high crimes and misdemeanors.
The crimes were crimes which touched the ma
ion's life. If this Senate allowed them with
impunity, the Government would be annihila-
ted, as he (Mr. b. had said.
He Mr.. II. would read from a pamphlet
written by the gentleman from Massachusetts
Mr.. Curtis in 1852, on the limitations of the
Executive power, and this showed the differ
ence Of opinion which a learned man might
hold when he was giving his views unreserv-
eddy and when he was acting as counsel. Mr.
H. here read from the pamphlet, ''that the Pres
ldent has no judicial or legislative power; that
although Constitutional commander of the
army and navy, he Is as much bound to obey
the laws as the humblest private under his
command; he has no repeating or suspendng
power" This said Mr.. b., is sound law.
(Laughter.l Not very applicable in time of re-
bellion, but still sound law. The President is
manIfectly guilty IN manner and form, as
charged in the first, second, third, eighth and
eleventh articles of impeachment. aud no man
can gainsay it. unless he comedies this extraor-
binary prerogative of constituting and determ-
lining laws at the pleasure of the Executive
The highest writer upon the law in America
has truly said in his great common taries that
the distinction between mlld prohibitd and mald
az Sc has long ago been exploded. He referred,
Of course, TO Kent, and he did not see why it
should not be so The gentleman went on to
say that the President could not be adiudged
criminal under the act of 1S0l. The act of 1875,
under which he attempts in his distress TO shell
ter himself, says that no vacancy shall BE- sup
piled longer than six months. and yet in his
answer be tells you that he indefinitely sus-
pended MI. Stanton under the Con stitution,
and then in the same answer he tells YOU that
be supplied the vacancy under the act of 1875.
Laughter The law expressly declares that
no one vacancy shall be filled for a longer pc
rod than six months, yet under the theory adj
vanced by the President, he can go on making
these 0d interim appointments to the end of all
time.
II is new doctrine altogether that the Con-
stitution Is exclusively in the hands of the
President, and when the time comes that your
Constitution is in the exclusive charge of An
drew Johnson. Gold help your Constitution
and the people who live under it, Faint ap-
plause in the galleries. But, say his friends
must the President not protect the Constitu-
ton and the people from unconstitutional
laws ! No. There is no power under Heaven
which can call the legislative department of
this Government to account but the people
who elect them.
AT $50 p. m, Mr.. b. having reached another
head of his argument, the court, on motion of
ah nad