The Carson daily appeal. [volume] (Carson City, Nev.) 1865-1870, 1868-05-08
EASTERN DISPATCHES.
From the Enterprise Of yesterday.
verdict.

From the Enterprise Of yesterday.
WASHINGTON, May 4.-In the Senate,
litter the reading of the journal, Bingham
commenced the final argument for the prose-
! cution, protesting tina. ne took part in these
procee dings from no partisan feelings, but
with a sense Of their solemnity and true
meaning. He proceeded to sketch the events
attendant on the assassination of President
Lincoln, and the accession Of Andrew john
son to the Presidency. Referring to his oath
to execute the laws, he spoke of their majest
and supremacy IL our form of government
and claimed that the President was equally
subject to their authority with the humbleSt
frontier settler. He dwelt on the high trust
committed to the Senate, ard asserted that
the issue of the life or death of the Republic
hung on their decision. Bingham said the
responsibility of deciding this issue rests
upon the Senate. 1t cannot be divided with
any human being outside of the Senate. 1t
has the wtole power to try cases of impeach
ment and of necessity must be clothed with
power to decide all questions Of law and fact
Counsel on the other side have enGeavored 10
show that this is not so. They would like, It
may be supposed, to have Andrew johnson
decide this question, as they say he has the
right to decide all others. His colleague,
Butler, in the opening Of this case, had called
this body the Senate instead Of Court, and
counsel had tried to make point Of this. 1t
was easy to see that this was done with the
view Of turning the attention OF the Senate
from the real issue; but he would not waste
time and strength on trihes like these which
were as light as air. He would not follow the
course pursued by the other side, and espe-
cally the gentleman from New York. Mr..
Erarts, in his intellectual pyrotechnics.
Laughter. lie would deal in such argu-
ments as would bring conviction TO the mind
of every man. Referring TO the length of
Evart's speech, Bingham said he supposed 1t
was the impression of some men that to make
a speech immortal it was necessary to make
it eternal. Laus hter. II had been stated
r counsel OIL the other side that all questions
Using under the Constitution of the United
States must be decided BY the Supreme
Court. That was very broad proposition.
There were many questions which could not, |
in the nature Of things, come before the Su-
preme Court, though they arise under the
Cons titution Of the United States. For in
stance, the Senator from Illinois. or any
other State, If his right to seat here is dis
puted, he did not 60 with his case to the Su-
preme Court. That question must be decided
by this body, and to which he was elected.
He read from the decisions Of Chief Justice
Marshall to show that it was the duty
of the heads Of Departments to obey
The laws and not to take the commands of
the President instead. The decision shows
neither the President nor his heads of de-
partments are ;bove the laws. Bingham
cited the case of the Fugitive Slave bill,
which. though il was rrpuguant TO every
sense Of justice: d bill which made chatt=.
If man; a bill for which even God seemed to
stand silent; bill which forbade Us to give
shelter to the homeless bill which made
is violate the command Of oar divine master
when he says give cup Of cold water to him
VIC is ready to perish; a bill w..lch Daniel
Webster said he believed to De outside ofthe
Constitution; bill which caused Margaret
Farress in the streets Of Cincinnati, flying
rom the officers of the law, to forget her
no:heriy instincts, and to send 10 its account
before its time the babe Of her bosom rather
han allow it to be flung back to the hell of
slavery a bill which nsverth less the peCp.e
,beycd, when they stood by and saw Anthony
Burns rattle in chains under the shadow Of
Bunker Hill. where rest the first martyrs OF
American liberty Il bill which, under all
hese circumstances, the American people
,beved until it was repealed.
The Senate took 4 recess of - minutes.
After the recess Bingham resumed his ar
.unent. He referred TO that provision Of
he Constitution which says that every bill
which shall have passed Congress shall, be- ,
ore i; become law, be sent to the President.
he language Of the Constitution is that it
hail become law after it has gone through
he process prescribed by the Constitution. r.
he argument of gentlemen on the ether
ide is that il shall not be L law. To prove {
rs they have brought forward their small
rms, as we'll as their heavy artillery, and =
~ it must be in accordance with the Con-
.itutiou. So it must; but weo is to decid@
lat question: Not the President. GER Il
,inIy for he is not the judicial but the eX- y
.utive officer If the President may dispose :,
one Act of Congress, may he not dispose c
all a
At / O'Clock the Senate adjourned. leaving e
ing hams speech unfinished. o
6,