Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1868-05-08
Mr. Biugb ANS Argument.

meaning he proceeded to sketch events at
tendant in the assas inatUn Of Lincoln and
accession Of johnson to the Prrsid ncy.
Referring to his oath to execute the laws,
he ep0kr Of their majestic supremacy III our
form Of government and claimed that the
President 10 equally subject to their author
itv with the humblcst frontier settler. He
dwell on the high trust committed to the
Senate and asserted TINT the issues OF 'ife
and death to the Repuhliu hung on their
decision. He asked how til. charge ot vio-
lating the supreme law of the land was met
hy the counsel who for hire defend ihc tea
aon of the criminal respondent. 1t was by
an outrageous assertion that each branch
of government had the right to Judge OF the
csnstituiionaIity of laws and obey them or
not 1t pleasure. This was the defence that
was made for Ills Highness tie first King
Of our nation.
Mr.. Bingham held TINT the Senate by mp
holding this proposition would lay the
foundation OF q monarchy first aud anarchy
aftcrward; reign Of chaotic darkness. on
the issue of which in spite ct lawyer stFleks
and special pleas WAS the real question ill.,
v0lved. Their decision must stand Tor
trial by the people. He repeated that the
question was whether the President could
be held to answcr fer a violation OF law.
He held first that the Senate had sole pow
er to decide every question OF law OF Tact
arising in issue. They were also final
arbiters and the frequent attempts OF the
counsel to bring the Senate and courts IN
opposition were miserable devices t. divert
attention. He would not initiate the elo
Vueni counsel Mr.. Eyarts. who hiui shown
hi,nself an eater MP of syilahes. Il snapper
up Of triiics, who had displayed more Latin
than law. more rhetoric than logic and
more intellectual pyrntecn.ics than either.
lie also -cferred to the length of Mr. Evarls
mortal by making it eternal. MIR. Bng-
ham hell simply that the Senate was the
supreme and final judicial tribunal OF the
United States, and as to the article which
had been made at sch interminasle length
that the Supreme court Was a c"nrtot last
resort for the decision of the constitutional
question.
lie held it has no more to do with the
present question than the Court ut st.
Petersburg and that the Judgments OF this
tribunal could net be affected by the decis
ions OF the Supreme Court made either
before or after the impeachment trial. lie
argued that tic original jurisdiction OF the
Supreme Coart did not exts"d to l,nprstch-
Ment, aud that therefore their reierence to
its decision was irrelevant aud their afSn
ment on this point without ctiorahle eS'
cuse. He then considered the proposition
advanced by the counsel that the Heads OF
the Departments were NEARLY registering
secretaries OF the President, bound to do
his will. BEADING from the decision 81 the
Supreme Court in the case quoted by
Evarts, he claimed it was the view plainly
laid down that such officers are bound by
law aud not BY the Ptcsileut's will He
also claimed that the other post on as
sumed br all Of the Presidents conusri
that he conld slt il Judgement on tn yaiili
ty Of lIws is overthrow by the drelsi"ns
had never since heeu questioned. and pro
cecded to read extracts iran ihein
lie further asserted that the x AttaTnzy
General WAS wholly incxcnsa'ie III at
tempting to force into this trial az authnr
~ the decision Of the present presiding
officer in the Mississippi case, and argued
that it had TO relevancy whaterer To the
question in dispute He cla:ned then
that it wa. proved that We cuu'd not ail""
the President discretion is 10 which Ia"
he world execute without interpoiat!ng
words into the constitution. Tie rets!r'
TO the action Of Washington in snppresslis
the whis.ey Instruction aud To that oi
Jackson in crushing nut nnlihcation as
instances in which obnoxious laws were
execu' oil by President who ehtti tanned
grave doubts of their cunstitutionaliy.
lie also spoke of acqni'scnte OF TIE
American people in the unconst tutional
and ubiquitous fugitive slave law until
its abrogation, and in this connection dwell
ut length on the subject of slavery with lite
various characteristics. II, spoke of the
counscl's reference to President Lincoln
saving he had violated the lawso of his coun-
try and furnished many presidents tor
President J0hnsons crimes as bold
calumniating Islander on his memory.
The euspension Of the habeas corpus Was
not made by him but by the civil war
which rendered it necessary. In regard
to the passage oflhe indemnity act he
said the purpose OF Congress IN such leg
islation was to furnish att GRITTY to the court
TO dismiss cases brought against the Frcsl-
dents agents for what they had 10
pursuance of tho constitution. II their
acts had been unwarranted the indemnity
laws would have been Of no avail. The
Senate then took arecess.
On reassembling at half-past two. Mr..
Bingham resumed. and referred to the ar
su.nent of Mr.. Evar.s, based on Sue
cevsful resistance to the brokers tax law
in New York as an insult to the Senate.
and said that one capable OF MAXIM;
il was not to argue grave Constitutional
provisions. Referring the passage Of bills
over q veto, and maintaining that every
IS one who has learned to read can plainly
settle the question whether or not inc
President broke ii law. Referring to cl-
tation by Mr.. Nelson. he consended that
it had no bearing on the case. and that he
sides IT'S author (Jeifcrson) was not author
jty in regard to the Constitutions, which he
did not help to frame. Reading the lis, Vi
mowers granted tn the President ny the
Constitution, he called att, ntion to the Tact
that no power of suspending laws until
their validity is tested Is anywhere gwen
him and he held that such n claim Of both
legislative and executive functions was
csntravention Of the express terms OF the
instrument. He insisted that this claim
involved afro an assumption OF Judicial
mowers. and characterized the entire prop
position as too absurd to be submitted to
children. BY the exercise OF tins assun'
I'd power, the President could suspend leg
isiation of all kinds. He could prevent
the creation Of judicial District the Gre
alton OF States, the election OF represen
tatiyes, the enactment Of revenue hwi
and. in short, he could deetrOy the frame
-. r. ..,, constitutional government. -