Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1868-05-07
LATEST NEWS.
IN CIi.Es.ik trii,

" >surN0roN, MAY 4

After the opening of the court Mr.
Bingham resumed After rgeaplulaims'
his Arguments II yesterday, BE- toak M
tue question whether Of not it Is IA. as,
sary ia this ease 10 pruye the evil lnt,ut.
liz read from ryrurl, of English state W.
ais to show that such Vranf /, not needed
lie alluded 10 an lu,tsne, who're certain
English king had put ,omv l,t,la .hjlluu
10 death, in order 10 send th,m o. leatn,
rs an example If the alsWijty q tha
Presidents Plea, Ilewuuld no. argue the
p.iut At any length, hrcusc il WA, plain.
Is settled ly common law nl the Irtc-
ticc of ecu,uric, Tho argument, Ut the
counsel on thi, question w,rp pucrila ANA
unfit 10 be- uttered IN thc presence Il tAa
senate. lie then rci,rred To the question
Of the power ri the President To- TN VIE
eancies created by himself during tho ,~-
sion q the senate, and insisted that the
fact of the intimate connection Of the
power, Of appointment, with that II 81.
moval, had been studiously kept ont az
sight by the adroit counsel opposing him,
aud went On t. argue WithtCiCpuge "a
all the provisions bearing ola the subject
that the right To appoint cabinet officer,
without the consent Of the SauJtt, wa no
where granted to the President ly the
constitution. II could upt De- merely
tillrl a, vacancy by term ot uppoiui-
mcut. tor hi, letters OF authority appoint
I'd Cen, Thomas for an indefinite time.
To show that it was not among the Pre-
id.nt- implied powers under the oousti-
tuition 10 yacatc and fin Office without
, the consent OF the Senate. be- read from
the works II Hamilton and Webster He
further maintained that the speeches Of
Mr.. sherman and other Senator. were not
susceptible OF the meaning put upon them
10y the opposing counsel lie asked Of
what avail would lie the provision of the
constitution limiting the power to fiji Va
elusie- during recess IT the Senate, To
til, issue Of commissions to expire at the
beginning Of the next session if the Pres
idcu, could create yacancio, az will dur
in- the session If the Senate. Mr. Bing-
ham challenged the citation oi any Law
or section Of TIE constitution which
would limit the terms Of officers
thus appointed by the President BY
such appointments he could keep men in
office at his pleasure, without regard to
the constitution on this subject, and on
the question Of what are tie limitations
Of the executive power, Mr.. Bingham
cited numerous legal authorities and
quoted from the speeches of Mr. Webster
with regard to the Presidents defense
that he sought TO test the validity OF the
tenure-of-ofiice law, he asserted that there
has never been clear, unequivoeal de-
ci,ion OF the supreme court against the
constitutionality Of the law OF Congress.
and held it was only a bold prcten,e Of
the President to take upon himself u re-
spunsihility which the court itself had
never assumed He then rccited the
three laws which the President was
charged with having violated, and claiming
that it had been already shown that these
violations were Improbable offeusc, He
quoted latent that maladmini>tratiun in
efiiee was also ground inr Impeachment.
Mr.. Bingham held that it wa- entirely
immaterial whether or not the article,
were framed in the technical form Of an
indictment. Every child knows that hi,
oftense was the assumption Of power to
Judge of the validity of the laws for him
self and to obey them or not at his pleas
ure, and it was not too much to ,-y that
holder piece Of effrontery was never be-
fore known He admitted that it was in
the power of Congress to determine the
tenure Of offices, and that the subject was
not determined by the constitution Of the
provision OF 1863, and proceeded to COM
ment on the act of 1867, in order to show
that it was clear and explicit in its terms.
Referring to Senator Sherman'S remarks
that he would consent 10 the removal Of
a cabinet officer who should be so de,ti-
tute OF honor as to refuse to resign when
requested by the Senate, Mr. Bingham
said that the remark was natural 1T that
time, for circumstances had not then de-
vcloped the malignity and dangerous in
tentions of the President Besides the ex-
preston showed that the consent of the
Senate was necessary. No one doubted
at that time that Mr.. Stanton came with
in the provision Of the act. The PrG>i-
dent limsclf had acknowledged as much by
suspcnding Mr. Stanton under the act.
Nowhere else Is the power Of suspension
given him. Even the wording of his mes
sage was borrowed in part from the lam
guago Of the act, and this excuse was an
afterthought to cover up his villainy lie
held that the President was responsible
for having abused the powers granted him
10y the act to suspend Mr. Stanton with
out alleging that "or proving that the lat .
ter had become disqualified in any way
from exercising his duties"
The Senate then took receo..
New Hampshire state Republican
Convention.
CoNCoRD, May ,.
The officers chosen for the Republican
.f