New-York tribune., 1868-04-14
Senator coNKLrNe submitted the following prOpOsI-


Senator CoNKLING submitted the following propos
Do TIE counsel for the respondent this point % show BY th
ner adopted the President or merely that be advised th President
deanate for the action Of the Senate some person e'h' ~
Mr.. EvARTs-Mr Chef-Justice and Senators, DO mol
propose to discuss the constitutional relatlos OF W,
President of the United States with his Cabinet nor do
propose TO enter the consideration OF the meIts "a
care, it shall be presented on the maj hrEunc,no
the accusations against the President OF the United
States which he is trial here ana conVlc,on vi
which, must result IN his deposition ir9 ms bs Pres
turned only on the mere question OF whether tne ptc
dent has been guilty Of formal violation OF stse @
Law, which might subject him. indicted iSr ~ 10 ~ e he
some reason for these technical objections, put tA
that the honorable Manager CIr. Willams who SO elo
quently and warmly pressed upon your consideration
to-day that the of Warren Hastings was noIhis
compared this rather little out OF place u me
trial turn the formal technical nr9ctoh Oh
the Tenure-ofofice act Now, Mr.. Cbiof'Justice ana
Senators cannot fail to see that Cen sherman ls not
called here as AN expert to gVe an opinion whether Mr
Stanton good Secretary OF War or not He Is not
called here expert to assist yonr Judgment IN de-
terminng whether not II for the public interests
that Mr. stanton should be removed 10 sense OF nete-
mining whether this form Of removal was egsl or not ne
ia introduced as the second in command OF the armies OF
the United States to show opinion, on his part as
military man and In that POSITION 10 snow nas . III
place of Mr. Stanton whose relations TO the service ana
10 the were not such as tose "a ar
Stanton were and that that opinion 10
the President and we shall enlarge the area by showing
that the opinion c0ncnlfed In Dy these competeh
military authorities and now II the President OF the
ImpeachmeDts not at liberty TO show that the acts Sc
are brought IN question as against te pubic Ss
and disturb the public peace If, say, De cannot sho"
in his defense that in the Judgment Of those most
think competent TO advise, most fesponsle
TO the country in every sense for their opinion anu .
advice, how is he to defend bimselif We propose 70
snow That he was furnished with those opinions,
supported by those opinions Now Senator'S renec
y91 are taking part ,rd9os.t m Se nfavorabe re
mova OF the Chief Magistrate Of the nation Tor SONG at
tempts which he has made against the pubic welare,
A.A,. fVAaN
show yon that on consultation and deberaton, under
advice from those who are unconneeted with any
OF personal controversy political controversy ne ace
and desired to accomplish this change We cannot prove
everything at once nor is It cricfn upon ty 'es, pu
N n should be followed as IL would be by evidence OF
equal authority and weight and by efforts OF the rres
f Sr cbspSe in the control Of that office which
military of the country then Demanded we shsi
this motive this public injury vehemently so pertina
cously imputed In the course OF the argument ana not
Mr. BINGHAM rose to reply, and was as usual for the
first sentence entirely inaudi3e In the reporters gaer
He went on To say suggestion made by the honorable
senator from NewY0rk Mr Conklingl shows the utter
incompetency and absurdty Of the proposition II was
Tr he advised the removal Of the secretary
War and the manner IN which the President did remove
HIM or ATTEMPTED him. Is there any one mere
hold enough to say that IL the witness had formed an
opinion about the legality OF the proceeding ana hau SO
tent for us TO introduce such matter eyidencef The
reason, Mr.. ChiefJustce why | arise now is, that
1nan who has his Mr Evsrt and who has enun
csted here the extraordinary opinion that the rules OF
evidence which would govern IN court OF Justice IT lhe
prosecution of beggar arrested III your streets Tor
crime punishable with six cents nne or nye hos
onmeDt arc not rules OF evidence which would nod
goo wben Won come TO present the ChieJustce OF the
nation The American people VIII enicrtalh no 0piiols
ye OF instce and the rule ovdence for the trial
OF the President OF the United states tha We nave lo o
Inosf dpfenseless or the weakest Of our citizens
Mr. EVARTS-The Hon. Manager viii allow me % say
that the only illustration nsed was that OF an lndet-
ment against the Chief Magistrate on tra before ponce
MIR BINGHAM - supposed myself that, when the
Gentleman made OF the remark he intended certainly
o have the Senate understand that there was different
rule of evidence and Of administrative justice IN the pro
rcnton of an Indictment where the penalty was six
cents that which should prevail Ia the prosecution
Mr. FVIRJS~when the issues are different the evi-
depce will he different IL does not depend Oh the dignity
OF the defendant. -
Mr. BISGHAS1-It is very dNcult to see how the
gentleman escape frOhs the 0nculty py MAKING te
remark that he supposed tho president ~ be under pro
seeuti9n srsSe ne eced ,or an ndie
able oense before his impeachment; but 40 not stov
to argue tne Ggson P,deni or Begsar the
rule OF evidence apprs To each do nor care VINO
s whether the President OF tire United states
or the lowest civil officer III the service OF vac
United States the same rule OF evidence OBTAINS,
ana 'ne which Is unlawful in Itself and which
Is proved 20 have been committed a. venture 10 sLy,
have been proved IN respect to al Oh tnGse I 's
for tho accused show justification That Is Tue IAN
pf hooks. fcau IL III
The legality OF the Presidents conduct n NOT 10 ps sets @
by opinions OF any witness called TO TINS par 10 Dc
settled on the Judgment OF Lhs ~ rten In the
any other tribunal on eaIih Ior 20 it - @ Iii III % %
COnsttutlon. The law aud the ludgesOi ine IaH WIN
temne whether The act was MIL ,orms9 and ey
third parties although ever SO oiten Iolne9 snu oA
rrssed cannot make an unlawful act iaWiI one, anu
cannot ef rid of the intention which the law ltse cces
sarily attaches 10 the commission 9l s1 h taen
Well say the gentlemen again the Presdent mas tahe
tire advice Of an hOnored and honofaple eeneIIl.
r nstitut,on as the Senate well knows indicates who
shall be the Presidents advisers in such esse as ms
the removal Of the head OF Departne tno nd
tuition Xpre ssy declares that he may appoint anu %
NV necessarily remove, an incumbent Dy ana WIN n sne
advice and consent Of the Senate The Tenure &c
oct foowug the Constitution provides, frter tha he
may for sufficient reasons 70 hm appeang ~, az
incumbent and take the advice OF ne eens'e yS 'e he
facts before the Senate and the evidence on wnch m
acted whether the suspension should be made absolute M
The President did take the advice OF Tue senne sna 10 ~
unoud This officer whose remOya ne now uDneTlhhes W
ye the nubc service required He sent It TO the Sen
ie and the Senate his constitutional advser acted
npt IN attempt any further interferenee with Ihe
secretary for the Department OF war. Ine no,
senate gave him notice that. under the law ne must h9'
Go step further aud therefore he falls back upon his
reserved rights. aud undertakes to defy the
20 defy fbe enure-of 0ice act 10 defy the SENATE ao
10 remove the Secretary OF War and appoint snotner II
his place. without the aSSiSe snd ca into h Council
and now he attempts TO justify nus acts py haslHs W.,
nesses to 70 their opinions we sssnst
The name of the laws enacted In pursuance OF tne
tuition and protest against u .fe Sse nse rs sy
been outrageously betrayed, and VINO are no" pens
audaciollsly defed before this tr1bunal - A. "A
The SENATE here voted by Yeas ana nays upon 'ne su
miss ION of the question, as followS: -,
~ - ~ he service required War other thai
IN "a aid you opinion the President
Anthcpy, pooRue, .yl1son, s.S", ". Wintl,
R.urd FOWLER heOieeJ - nsI "ipSe'
g1ekalsg IaGCsop tIfpp'j'iSA"'-i"
Di,on uendrcta Ross, -
Cameron Dlste hOrgM' ~, s.'.
Catteu kdmunds, morrill, tle1 s.enIh
Cbapilsr PeuY Morr,il (Vt, Thale'
Cole, Ressrdes Morton, ukkS
Conking Prelinghuyser Nor'on wIISI.
| usvlsn NlhAMh
C,s Conoss" undsr,ou Paterson, CNH)wilsOu.
Sofoe"p pomrroy lsfes-S.
CTagln, Howard
DAVIS. Howe,
Sen & Johnson proposed to ask the witness the fol