Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1868-05-13
Impeachment Proceedings.

At the opening of the court, Mr.. Bingham
resumed his argument. After recapitulating
his argument Of yesterday, he took mp the
question whether or not il is necessary in this
case to prove evil intent. He read from rec
ords of English state trials to show that such
proof is not needed. He alluded to an in
stance where certain English king had put
some little children to death as an example OF
the absurdity of the Presidents plea He
would not argue the point at any length, be-
cause it was plainly settled by common law
and the practice of centuries. The arguments
Of the counsel on this question were unfit to
be uttered in the presence Of the Senate. lie
then referred to the question Of the power OF
the President to fill vacancies created by HIM
self during the session of the Senate, and iu-
sisted that the fact of the intimate connection
of the powers Of the appointment with that Of
removal had been studiously kept out ofsight
by the adroit counsel opposing him, and went on
to argue with reference to all the provisions
bearing on the subject, that the right to APP
roint cabinet officers without the consent Of
TIL Senate was nowhere granted to the Presi-
dent by the Constitution. II could not be
merely filed as a vacancy by temporary APP
poutment, for his letters of authority appoint
ed Gen Thomas for an indefinite time. To
show that it was not among the Presidents
implied powers under the Constitution to va
cate and fll offices without the consent Of the
Senate he read from the writings Of llamil-
tou and Webster. He further maintained
that the speeches of Mr.. Sherman aud other
Senator's were not susceptible of the meaning
- ~
asked of what avail would be the provisions
of the Constitution limiting the power to fiji
vacancies during recess of the Senate 10 the
;ssue of commissions IN cxpiro ot the beoinninp
of tbe next session if the President conld ere.
ate yacapcie. at will. during the session OF
the Senate Mr.. Bingham challenged the cri.
/ terion of any law section of the Constitution
which would limit the terms of officers thus
Amounted by the President By such an
/ pointment. he could keen men in office at hi.
pleasure. without regard TO the Constitution
ON This snbieet. and ON fine question of what
are limitations of executive mower. he cited
numerous LEGAL authorities and quoted from
the snceches of Mr. Webster
with regard to the Presidents defense that
he SOUGHT 10 test the validity of the tenure of
Office law. he asserted that there has never
bcen q clear uneonivocol decision of the Sn.
ureme Court aoninst the constitutionality of
The law of CONGRESS and held il was onl,
a hold pretense NJ the President IN take nm.
nm himself a responsibility which the cont
itself had meyer assumed lie beu recitef
the tbreo laws which the President was char,
ell with bovin,, violated and claiming that 4
lhod boo, olroSd, sbo,yn tb,t tbcsa ,;,l,tion,
were ;mncacbobie ofenses He ouoted KEN
lnot Observation-Disclosures, Il, o,Tce uos az,
oronnd cor ;mno,cbmont Tie said IL ya. en-.
6rely hnmatcriaI whether mr. not tbc articIr
,yerc framed in tbotocbnicaI farm or nm indict
mont Eyory cbild tnoyy tbnt liz oCcnso W.,
...,,,.,,.;., e -. =, IL, - a.. ~,
lidity If he Iaws ior bimscIr and IN Ohio,
hon ~ a. HI. ,Io,srro ami 4, ,,,sro, ~.
mnob 20 ,oy t,a ' Loidor a; ;,' ~ caron,o,
was ,o,,or &C. Lnon,,, H. aJn;ttad ns
!, ,ras bo - ' ,c C.,,', .a Iotor,,, ;,,'
,,o -, Wv, ~ a.. ~ IL, rra
at Jasa.,;a.J III w.. '"' ,;,,,iaso1,,, W"
t,o r'r,,.;';ane 80 1Sc9 oaJ sraaaaI,1 J,
-, a,' A., 90 ISe- ~ rJer ,ta,
H.. -
P"c,rs;n w. 80 e. - '', el,I' La
a; %'I1
"V
g. NJ p;a "a ~ w.
,on''e, 49, ~ 'i", '''N '''' I'M ""
"'''l" "' ''''', .'''i'
Jas.,..,,' ;,,.,,,,;as"r e A. p--t5Ia.' d.
- o ''',s,','i,,a u II
az ~ Sa., -" ,O"'1 '.''' ,a W.
- y. ~. 80 49,, NJ aua i' ou
- 81 80 IN %, M, n
: - Wv r. ~ -, -
n 1,,1I'.I;a. NJ. 60, ,ia n
III olss Lad ,bo ,,o,,,,. 80 s,,,roos;,, L.,
1t ';,.on Lin, Ean ar,I;, af 49, he
o. horrnrod l., ,art e.on, ~, lan,,,,.',,,
: tbe act and nis sveuse was nm aGertben,l
1 20 oo,,or ~, III ,,;IIa;nr ia boIJ tbat y
II p,osidont was res,ons;llo e,r HIN ab,sa
Tho MOVERS ,,rantoJ hin, h, tbo oof 60 en-
II nond NJ Stantnn without olle,inr, or ,,yo,.;,
o tbnt tbe latter had hecome dis@naIi6ed in ar
l ,y,y from, overcis;n,, b;s dr,ios
St01Op NJ he psnol recess was take
e At24 Op NJ the rourt resumed its sit6n
y Mr. Ringbon had stated all that he tbong
neodfnl 10 State IN show NAT tbe President
his own confession Glands gniltv of all n
cbargos contained in tbe Grst second tbir
eighth and eleventh articles of impeacbme,
If Is for tho Senate to decide whether +
laws are TO he vindieated. or after ALI that
f. have seen. after the sacrifices of blood III
he the President of the United states il to he
mr. lowed TO he recreant to his oath Without
e. shadow of evidence that your Secretary
IS War was legally disqualified or had comm
It. ted any crime, he dared to suspend him in {
ng fance of the Senate and in face of the peopl
I'd tribunes and Senators ; whatever may he I
oil result of this days proceedings, impartial h
he tory will do justice to the memory Of 20
C. Secretary Of War. He has been spoken
- as a thorn in the heart of the Presiden
of For four long years he was ga thorn in
m, heart" Of every traitor and every traffic
friend, He (Mr. b. charged the Preside
with calumny in asserting that he, Mr.. S., "
,er in any way disqualified. Whatever may
II. the result of the day. proceedings, your s.
rotary of War will stand in all time as a m