The New York herald., 1868-05-06
PROCEEDINGS OF THE COURT.

PROCEEDINGS OF THE COURT.
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Thirty-lrst Day.
UNITED STATES SENATE CRAMBER,(
WAsHN0TON, Nay 6. 1S6s !
When the Senate was called to order Senator
CAMERON moved that the members OF the National
Medical Association be admitted to places In the
gallery. In reply to Q question by Senator Morrir,
Of Vermont he said there were about two hundred
Of them. e
Senator DRAKE opposed the motion, saying that
Senators ana Representatives could furnish them
tickets and thus avoid providing the galleries.
After some further talk the motion was lost and
the chair was vacated for the Chief Justice.
Mr. BINGHAM's ARGUMENT CONTINUED.
At the assembling Of the court Mr.. Bingham arose
and said he would do injustice to the Senate II he
did not acknowledge their kind attention to his ar
gument OF yesterday. He had said the act of the
President was criminal-d0ne openly and dehantly,
and what the defence raised against the allega-
tionf 1t was that there was no proof Of intent to
violate the law. He denied the assumption that
1t was necessary to prove intent A person of
sane mind who deliberately commits q crime by
his act implies intent On this subject of intent
he might illustrate the utter futility Of the posi-
tlon assumed by the counsel for the President
by the edict Of Frederick H., which put little
children to death with 1.-The intention Of sending
them to heaven since the Lord had said "Of such is
the Kingdom Of Heaven" He felt he ought to beg
pardon OF the Senate for having dwet upon this pro-
position but It had been urged SO perssenty by the
learned counsel, though he thought 1t was unworthy
Of them and unworthy Of the court to which such an
argument ives offered. Continuing, Mr.. Bingham
this power under the constitution and the laws dur
ing the session OF the Senate to create vacancies In
anu H them WITHOUT the Of an
law, without the advice and consent Of the Senate
he has not he has violated the constitution; he has
violated as shall show you hereafter the express law
OF the land, and is therefore crimnal-criminal in
his conduct and in his intention-before this trbu.
First then Is this violation by the act OF removal an
appointment? And here Senators, although shall
have occasion 70 notice 1t more specifically hereaf-
ter ask 10 be pardOned for referring at this time
to the fact that cannot have escaped your notice
that the learned and astute counsel Tor the President
Of this controversy, not to Connect Connect I together
the power OF removal and the appointment
word in the volumInous argument Of the
learned and ingenious counsel for the President bears
witness to the truth Of what now assert-that the
appointing power Is, by tile express terms Of the
constitution during the session OF the Senate put
beyond the power OF the President save and except
the gentlemen Tor making this concession, at least
70 she senate Tor confession Of guilt on ne
they act upon the ancient time honored and
accepted maxim that "Silence s golden.n And so
on that point they were silent, one and all, without
SpG' here IN direct Violation { y the EXPRESS sas
law, in direct violation Of the express letter OF the
ton ever put on 1t by any commanding intellect In
this country, and the gentlemen know 1t. 1t is In
point in this case by any reference 10 the speech OF
my learned ana accomplished frlend who represents
the State Of Ohio in this Senate Mr.. sherman. Not
have quoted touching this power Of appointment
during the session Of the Senate and in direct vIo-
aon Of the express letter of the Tenure Of ONCE ct
nor did any such word escape from the lips Of any
Senator. am not surprised It is q credit to the
intellectual ability Of M the M learned and accomplished
that question out OF sight IN their elaborate and ex
hapstive arguments. ! read now, Senator's from
sent Of the senatc to make treaties provided two.hds
and 'Ss % sa sn a s o he
he shah apnon. smb.ssad9r: and other public mins
SHS pfoe,dsd
such @ ne ::
they think proper p TIE President a'one in the Of law
Can any one doubt that this provision clearly re-
strcsed the power Of the President In the appoint
ms 81 snas at 81 IN ex
provided for in the constitution, enumerating am
bassadors and Others, shall be by ana with the ad.
waste words the proposition, 1t Is 30 plain and
clear It must be 30 unless the appointments OF
Ss and ssy E n
wherein are they otherwise provided, for the heads
q aepsTt%senSs are m named b that title ana
stitution that Congress may by law vest I'm in
the heads Of departments the power 70 appoint,
Of the iaw Of Congress ali Inferior oiicers; ;" Can
anybody In the light Of that provision stand before
s mot ID S tim @
that some Of the learned counsel for the President
have said that there was no appotntment; that this
ses nS sSns esS d ass
and ied vacancy@an appointment al tne1'im' ,SsS'
more than once escaped tho lips OF counsel. lido
mot however ,5Hr propose , to rest this case
BROAD spirit q lie and ssnd nsra Sn h s
SsS & nS%' Ss .Ss
Of the United States had authority TO authorize any
~ tS: s suso1s, g
o witch mus: : snascss RRsSRG RssE sss
ssl. .nSs sSS So d.sas: s:
!. stated more cISAny N hs answer ana more ais.
soss: esR Z. e ssd e s ssrss 5
power 6y vtrtuetof the implied executive preroga-
s ss e css e s sss ss & 1 nm a.
. sps.ss s' .sSs $ %ni:a .ss ss i5ssSss Sssss:
lance q sllte S's q he oons.ltasioh soa of sSs S
is Law: me snsuags Of ,n his snswr q thss hs
nom The Presidsnts answer on this point. II.
Binahan here quoted the Presidsnt's dsim 10 the
tight q makinGremovals and continued He Claims
this power nnder the constitution. On that subject
ss1s :ss; :Ssss Sssssy e s. sSs sn
delfverenoe before the American people that no such
power e this was lodged In the President OF the
authority that for every violation Of the oonstuon
or the lawN he was Table ct all times to this unre-
ssr,cssS ssroa wsr Of the people to. 70 iIpesoh him
before theiv Senate, without Jet or hin.
drance foN any tribunal 10 the land.
refer on this point 70 the clear utternnces Of Mr.
Hamilton, ~ reprded in the seventysevsnth letter
TO the FederaltskN Mr. Bingham having read the ex.
tract referred tox confinned:--1 agree With Hr.
HamiitonG that II 10 an absurdy IN terms after what
has been Written In $he constitution, for any mad,
whatever may be hN attainments, and whatever
the power, In the language OF his answer, OF In
ielnltey taGajng oil thS executive Offices of the