Sunbury American. [volume] (Sunbury, Pa.) 1848-1879, 1868-05-09

the court of last resort for deoIsions IN con-
stitutional questions, he held that 1t had no
more TO do with the present question tnsn
the court Of ST. Petersburg, and that the
judgments of this tribunal could not pe AZ
fected by decisions of the Supreme Court,
made either before or after the impeachment
trial. He argued that the original jurisdic.
tion of the Supreme Court did not extend
to impeachment, and that therefore their
reference TO its decisions were irrelevant
and their arguments on this point without
colorado excuse.
He then considered the propositions ad-
yanced by the counsel, that heads of Depart
ments were merely the registering secrc-
taries of the President, bound to do his will.
Reading from decisions of the Supreme
Court in cases quoted by MIR. Evarts, he
claimed that it was therein plainly laid
down that such officers we're bound 10y the
law, and not by the Presidents will. He
also claimed that the other positions assum-
ed by oil the Presidents counsel, that he
could sit in Judgment on the validity of the
laws, were overtbrown by decisions of the
same tribunal thirty years ago, which deci-
sions had never been since in question:
He proceeded to read extracts from them.
He further asserted that the Attorney
General was wholly inexcusable in attempt
ing to force into this trial as an authority
the decision of the present presiding officer
in the Mississippi case, and argued that 1t
had no relevancy whatever to the question
in dispute. He claimed that it was proved
that we could not allow the President dis
cretion as to which law he would execute
without interpolating words into the Con-
stitution.
lie referred to the action as Washington
in suppressing the Whisky Insurrection,
and that of Jackson in crushing out nullii-
cation, as instances in which obnoxious
laws were executed by Presidents who en-
tcrtained grave doubts of their constitution
ality. He also spoke of the acquiesence of
the American people in the unconstitution-
ality of the iniquitous fugitive slave law,
until its abolishment, and in this connec-
tion dwelt at length on the subject of sla-
very, with its various characteristics.
He spoke of the counsel's references to
Mr.. Lincoln, in saying that he had violated
the laws OF his country and furnished pre-
cedents for Johnson's crimes, as bold, ca.
Illuminating ISLANDERS on his memory. The
suspension of the habeas corpus was not
made by him, but by the civil war, which
rendered it necessary. In regard to the
passage Of the Indemnity act, lie said the
purpose of Congress in such legislation was
to furnish authority to the courts to dismiss
cases brought against the Presidents agents
for what they had done in pursuance of
! the Constitution. If their acts had been
unwarranted, the Indemnity laws would
have been of no avail.
The Court then took recess
On re-assembling at 2:30, Mr.. Bingham
resumed, and referred to the argument of
Mr.. Evarts based on the successful resis-
tance to the brokers' tax law in New York
as an insult to the Senate, and said that
one capable of making it was not fit to
argue grave constitutional questions.
He then discussed the constitutional pro-
visions relating to the passags of bills over
the veto, maintaining that any one who has
learned to read can plainly settle the ques-
tion whether or not the President broke a
law. Referring to citation made by Mr..
Nelson, he contended that it had no bear
ing on this case, and that besides its author,
Jefferson, was not authoritative in regard
to the Constitution, which he did not help
to frame.
Reading the list of powers granted to the
President by the Constitution, he called at.
tention to the fact that no power of sus.
pending laws until their validity should be
tested is anywhere given and be said that
such claim Of both legislative and executive
functions was in contraventions of the eX-
press terms Of that instrument. He Insisted
that this claim involved also an assumption
of judicial powers, and characterized the
entire proposition as too absurd 10 be sub.
mitted 10 children. BY the exercise of this
assumed power the President could suspend
Legislation of all kinds; could prevent the
creation oi judicial districts, the erection OF
States and the election of representatives
the enactment of revenue laws; and in shor,
could destroy the framework of our consti
tutional government Whether lc shall bt
allowed to do this is question now to bt
determined, and for righteous decision
the prayers of millions now ascend.
AS to what crimes can be considered i'm
peachable, be said that all offences under
common law are indictable in the Distric
; OF Columbia, and that the same cases art
also impeachable. If this proposition were
not seli-evident, he need not erguc, for a
to the offences specified in the articles, h'
held that no one could deny that open vic
lation of law by the President was an i'm
pcachable crime who was not destitute o
, honor and sense of duty.
lie said the defence of the President, o
, exhibited in his answer, rests on the assump
tion that he possesses the right to rcsis
, and bring to q judicial decision any Law
! I winch eu'poSSo w IullSuCu Ou MS SUu
stitutional prerog gative. This assumption
could be made splendid excuse for refusin!
to execute any law whatever. Referring t
the position assumed on this occasion b.
, Mr.. Eyarts, he read from pamphlet writ
, ten by Mr.. Curtis in 1862, the expression o
a contrary view, which he commended q
good law, and went on to assert that N
: man who did not admit the assumption
that the President possessed judicial as wei
. as executive powers, could deny that writ
:, ten orders clearly showed his violation @
: law, and proved him worthy of conviction
, Mr.. Bingham cited legal authorities t
show that averment and proof of real iuteu
are not necessary in proceedings, and excep
I, any class of persons except judicial officers
: and that, in their case alone, can ignoranc
I, Of law be admitted as excuse With regar
f. to the defence, that the President suspend
y ed Stanton under the Constitution, an
a supplied the vacancy under the law,
. claimed that the Presidents answers Shove
a violation of the law for that limited tn
tenure of such appointments to six months
, and the President appointed Thomas for a
= indefinite period.
= Mr.. Bingham spoke of the argument tha
n President ia hOun6 to intarvano tn ,>r,