New-York tribune., 1868-05-05

trate proposition that neither the President nor his
which the peopi enscd ~ tbe Other proposon
egSsd and set u, Hp IN the defense OF dH TINS % aG
| impunity, under the Constitution and laws Of
ine Inied states, interpret the Constitution and SIT IN
judicial Judgment as the gentleman from Massachusetts
dr Curtis words it, on the validity OF yOnr laws That
question has also been ruled upon by the Supreme Court
OF the United states aud from that hour TO this the de-
clsi0n has never been challenged, although attempt
was made to drag the illustrious of the Chief
Justice VINO presldes at this moment over this debera-
tive and judicial assembly to their help 1t made in
VAIN as shall show before have done this part Of the
matter say that the position assumed for the Pres
dent by his counsel-he is the judiciary to interpret
TO determine the validity OF laws, and to execute or
suspend them or dispense with their execution at his
him TO trial and judgmentwas settled against him 80
years ago by the supreme Court OF the United States;
and that decision has been questioned since by any
authoritative writer the Constitution or by any subse-
queni decision of the courts.
The United state. reported 18th Peters where Justice Thompson
President suspend crossing
tons provision that be shall take that the laws be faithfully
Court would be esg President With dispensing power which
you'd % power to SoHiSo 1S Is legislation
Mr. BINGHAM continued: ask you, Senators, whether
was not justified in saying that 1t was tax upon ones
TO week. 10 those learned arguments made in defense of
the President al resting upon his asserted executive
and To protect himself from the trial and impeachment
because as ne said ne only violated the law IN order to
test It's validity In the Supreme Court, when that Court
had already decided 80 years ago. that any such
sumed prerOgatve would enable him to sweep away all
the legislation OF Congress, and TO prevent the
administration of justice itself and that it found
Senator's. That the learned cxHtorhey General
thought that there was something here which
might disturb the harmony and order Of their arguments
and his concluding argument for the accused he at
tempted 10 forty against such conclusion by calling TO
United States In what Is known as the Mississippi case
Now, with all due respect TO the learned AttorneyGen-
il upon me say that the decision pronounced by his
Honor, the CefJustce Of the United States in the Mis-
In this controversy than has the Koran OF MOhammed,
and the gentleman is utterly nexcusable for attempting
proposition that involved in this controversy. What
did his Honor the ChiefJustice, decide in the
which Is wcl known to every lawyer in America,
even TO every student in the law, yersed not
Law vested the President with discretionary power, his
judgment in the exercise OF his discretion until that udg
Senator from SswYork 1Mr Conkln5. who honors me
with his attention. knows that before he born that
question was decided precisely In the same way In the
ny S and 2ts is Pored % in 18th wheaton But It does not
touch the question at all and the proposition s0t0regn
to the question that is like OF those propositions
ferred 10 by Mr Webster, occasion, when he said
that TO make 1t to rghtminded man was TO insult his
intelligence"
Mr. Bueh,m rs.d some extracts from the opinion Chief
Jus 10 ne Mississippi case be''S upon tie point for which be
What ON earth has that TO do with the question: I
maintain that the law which called IN question here
todav-the civil Tenure actleayes no discretion what
ever In the Executive, and in the language of his Honor
the ChiefJustce imposes on the Executive PLAIN une-
quiyocal duty. account myself Justified therefore,
my assertion that the decision in the Mississippi
ease has nothing do with the principle involved In this
controversy Gnd that the President finds in that decision
Whatever for Az attempt To interfere wh or
law There h mo discretion left in him whatever. and
none ctuuse had the audaely 20 argue heIe
that the act Of 1901 which Is called In question: gives to
the Executive any discretion whatever The p0ut they
make it, that u tisu.oonstitutona and no Law ana mat
ns STGsa Ts ba G. "ws the SJ RSTsr R
F1cte 90 ysts in him no power 20 set aside law
OF ne United States. to direct the head OF Depart
Are We To- mntilsi@ the Consttuion' ana for the
benefit Of the accused TO intcrpolato into IL "A
word which not there and the introduction OF which
President shall take that the laws aud only the
laws, which he approves shall be faithfully executed
by himself In his answer and assumed for him by his
counsel In his defense and the assumption conflicts with
all that have already read Of judicial Interpretations OF
the Constitution and conflicts well with the expressed
text Of the Instrument itself IL Is useless TO nuHpy
words 10 make plain selteydent proposition II Is use
less attempt To imply this power OF the President TO
set aside or dispense with the execution ot law III thG
Of the express words OF the Constitution, that al
legislative power granted by this Constitution shall be
vested In the Congress, which consists o senate senate
and House o Representatives, and IN the face OF the
office OF President and therefore faithfully 10 discharge
every bgatlon which the Constitution enoins. first and
front OF the instrument "That he shall take care that
the laws enacted the peoples representatives assem-
blcd I'm Congress shall be executed Not some OF the
laws not the laws which he approved but the laws shall
be faithfully executed until the same shall have been re-
viewed by the powers which made them or shall have
been cOnsut0nally revoked by the Supreme Court Oh
the United states acting within the limits ana under tue
restrictions OF the Constitution itself.
We have heard much, Senator'S In the progress OF ths
discussion about the established customs OF the people
of the country. We have heard much about the long
continued practice OF 80 years under the constitution anu
laws OF the United States. You have listened IN yaln
Senators for single citation Of single Instance In The
history OF the Republic where there was an open ana de
nant Violation OF the written law Of this land either Dy
thg
which the people did not crush and put down az Tue very
outset That Ia fact IN our history ceditable TO the
American people. II is fact which ought TO he consld
cred by the when IL comes 10 sit IN Judgment upon
this case need not remind Senator'S OF that fact in our
carly history when Gen Washington called from the
quiet sccusion OF his home TO put down the whisky III
surrection in Pennsylvania which the first uprising
of nsurrecon against the majesty OF the law. Counsel
for the President have attempted 10 summon TO their ad
INC et Of fSs hero St Of Millions
OF the people Of this country, that when h the
called her sovereign power state attempted by ordi
aside the laws OF the United states Tor tne
collection OF customs the President OF the United sIat9s &
Andrew Jackson not unmndfu of his 0ath although ne
law was disasefnl TO hn-hhd " ls i1tt' wnnm n a
passed into history, that he even doubted ts c1sttuo
ality-issued hi4procamaton and swOre Dy the LISha
that the Union must ana sal Ps p,her m himself op
IN the state Of South Carolina to set ASIDE law 9cn
try which attests signheantly Than any other ie
hy their laws however odlous they may be.
The gentleman from New-York Ont Eyartsl took oeea
sion 10 refer To the Fugitive Slave bill OF tls5O, bill tht
Was dsgraceful TO the Congress which enacted IT, bill
that in direct violation oi the letter anu spt Ii ,e
I doubt much whether the gentleman from New YORK
can thnt it never found advocate in me- a Dh OF
which Mr. Webster said that In his Judgment II was un-
warranted by the Constitution; bill which offered
brbe out OF the common Treasury OF the nation 10 every
magistrate who sat IN Judgment on the right Oh aneeng
bondman to that liberty which belonged to man wien
God breahed into his nosris the breath OF Ire anu ne
became living soul" bill which offered reward 10
the ministers OF justice TO sharpen the Judgment OF e
p"or. a bIll which sung the conscience Of the Amer
can peOpe and the conscience Of the civilized world au
II a crime TO give shelter TO the houseles or cup OF
water 10 him who ready TO perish bill enaccu lor
the purpose Of sustaining that crime OF crimes that sum