The New York herald., 1868-05-05


the power Of the nation to defend ITSELF II it be
constitutional to defend the constitution, II it be
pie to the defence Of their own laws, OF their own
reside aad & OF their own nationality the law said
President. j win not stop 70 argue the
OF battle and it has been settled beyond the review Of
this tribunal or any tribunal that the public safety
constitution OF the United States. have answered.
Senator's and trust have answered satisfactorily
all that has been said 5y the counsei Er te res
cation TO the mOnstrOus plea which they nave inter-
posed for the first time in history that pertains to
the executive prerOgatve to interpret the constitution
judicialy for himself and to determine Judlcaiy me
validity OF every law passed by Congress, To execute
or to suspend or to dispense with the execution ~
Tie court here at fifty minutes past one O'Clock,
After the reassembling OF the court, Mr.. Bingham
proceeded and said Nothing Is more clearly setted
under the American constitution than that the GU.
zen upon whom law operates unfairly has the right
OF appeal But there Is no such clearly settled right
of the executor OF the law to appeal against what ne
!; simply ordained to execute. Every bill which
shal have passed the Congress OF the United States
and shall have been signed by the President or, not
being signed, passed over his veto, shall become q
law but according to the reasoning of counsel, 1t
shall not be law unless agrees, as they say, with
the constitution; and yet the constitution says is
law. Mr.. Bingham contlnued:-I admit that when
an enactment OF Congress shall have been set aside
thcnceforward ceases to be law and the President
himself may wen be protected for not thereafter re-
cognizing it as law. | admit IT. gentlemen on that
make an allusOn. have no disrespectfu purpose in
saying-I say It rathersbecause 1t has been pressed
into this controversy on the other side-that it
the doctrine taught by man called the great apostle
of democracy in America that the Supreme Court OF
atty OF any department OF this government; that
they only decided for themselves and the sutors at
their bar, and what earthly use this citation from
Jefferson intended to be put to by the learned
gentleman from Tennessee, who first referred TO it,
ana by the learned Attorney General cannot for the
life of me comprehend In the light OF the n-
terposed here by the President. lie tells you Senator'S
by his answer that ne only violated the law he only
crowned head in Europe this day his life; that he
only violated it nnocently for the purpose of taking
the judgment OF the Supreme Court And here
his learned advocate, the Attorney General, quoting
an opinion OF Thomas Jefferson TO show that at least
the decision OF the Supreme Court could not control
| at all that; 1t could not decide question: l am
not disposed to cast any reproach upon Mr.. Jef1er.
| the constitutions know well he was one of the
| builders Of the fabric OF American hberty-one OF
| those who worked out the emancipation of the
American people from the domination of British
rule and that he deserves well OF his country one
OF the authors Of the Declaration of Independence.
that subject are not accepted at this day
| by the great body of the American people,
| writings upon the constitution. lie was man,
| doubtless, OF fine philosophical mind. He was man
OF noble, patriotic impulses He rendered great SER
vice TO his country and deserved well ofhs country,
but he is not an authoritative exponent Of the princ
pies OF your constitution, ald never was may De
pardoned further here for saying in connection with
| this claim that is made here, right in face Of the
answer of the accused that his only object In viola-
| ing the law to have the decision Of the Supreme
2rused man mar ,SHH Of Ss as@ocraS @ party terwads
lifted to the Presidency of the United States, who In his
place In the Senate Chamber years ago, in the con-
| troversy about the constltutionallty OF the United
States Bank, said that while he should give respect.
f0l attention 10 the decisions OF The supreme Court OF
| the United States touching the constutlonality of
| an act of Congress, he should, nevertheless, as o
Senator upon hts oath, hold himself not bound by 1t
| AZ all. That was Mr. Buchanan. One thing Is very
ceraintat these authorities quoted by those great
men, do sustain in some Sort II II gives any support
at ALL the position that have venturned to assume
before this Scnate-that upon all trials or I'M
oy the the neS 81 sp s
the highest Judicial tribunal of the land and is the
I exclusive judge of the law and IN fact no matter
what any court may have said touching any question
involved IN the issue. Allow me now, senators, to
take step further in this argument touching this
position OF the President for intend In every step
take TO stand with the constitution Of my country
the obligations of which are upon me as rcpresel.
tave Of the people. refer to another provision OF
! the constitution-that which defines and limits the
| executive powers of the President:-"fhe President
shall be commander n-chef OF the army and navy Of
the United States and OF the militia OF the several
States when called into the actual service of the
United States lie may require the opinions n writing
Ofthe principal officers In each OF the executive depart
ents upon any subject relating To the duties OF their
respective offices, and ne shall have power 10 grant
rprieveS and pard0ns for offences against the United
states, except in cases Of impeachment He shall
| have power, by and with the advice and consent or
the Senators present concur, and he shall nominate
| and, by and with the advice and consent Of tue
| senate, snail appoint ambassadors, other public
ministers aud cOnsuls judges OF the supreme Court
and all other officers OF the United States whose a
pOnments not herein otherwise provided for and
| which shall be established Ivy law; but the Congress
| may by law vest the appointment OF such inferior
alone in the courts Of Jaw or In the heads OF depart
meDts. The President shall have power 10 fll all
vacancies that may happen during the recess OF the
Senate by granting commissions which shall expire
at tie end OF their next session. He shall from time
TO time give to the Congress information Of the state
or the Union, and recommend to their consideration
such measures AZ he shall Judge necessary and cXpe
| dent. He may on extraordinary occasions convene
both houses or either Of them, and In case Of disa-
grcemcnt between them with respect to the time Of
adjournment, he may adjourn them To such time az lac
| shall think proper,n &C. These are the specific
| powers conferred upon the President by the
constitution shall have occasion hereafter, IN tine
course OF ihi5 argument to take notice oil that other
provision wiic says that the executive powers shall
be vested IN the President. This provision Of the
constitution grants % the President OF the United
OF these powers, legislative and judicial, neccS-
sarily involved in the defence which - attempted to
be set up by the Executive: first, in the words OF his
own counsel tlat ne may ludicia!y interpret
the constitution for himself aud judciaIly determine
Congress: and second. in the position assumed by
hiulself and for which he stands charged here at
your bar az criminal, to repea-l use the word adj
ViScdy-tO repeal by iis own Will and pleasure tie
laws enacted by the representatives OF The people
! This power OF suspcndng the laws ana dispensing
with ther execution until such Time AZ u may SUIT
his pleasure Ia test them IA court OF justice 5 re-
! prll for the time being, and II II be sustained by
| The Senate may last during his natural life " the
American people should so long tolerate him In TIE
oiucc Of Cnicf Magistrate Of the naion. Why should
! stop 10 argue the question whether such
| power as the legislative and Judicial may
| be rightlully assumed by the President of
li,, United states under the consliu on whcn that
Constitution expressly declares that ail legislative
| powers granted 10y u should be vested IN the Con-
ress, AMI that all Judicial powers shalt he vested IN
the supreme Court and IN such inferior courts as tue
| congress may by law establish subject, neNerthc-
less 70 The limitation OF, aud donalye power em'
brJrcd IN. the constitution The assumption upon
which The defence resistant he shall only execute
such laws ~ he apprOYCs-is an assumption which
invests him with legislative and judicial power, IN
direct contraventOn OF the express words OF the
constitution itself. II the President may dis
pcnse with the act OF Congress upon hs