Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1868-05-07
IMPEACHMENT.
WASHINGTON, May 6.
GU,A su~s.


igument, beginning with restatement of his
proposition that the acts-of 1889 and 1875
nave ceased to be laws, but maintained that
said acts gave the President no power to
MI vacancies in the offices of the head of
tDepartmentS without consent of the Sen
ate. The act of 1889 permitted him to
tcreate vacancy in one Department. but
restricted him to the choice of Chief Clerk
TO NIL 1t. The act of 1895 went further, ap-
Plying to other Departments, but limited
the commission to term of. SIX months,
ana was thus clearly grant of power,
and that, too. restricted grant. The act
nI 1868 abrogates the statutes OF 1888 and
lI95, and again restricts him in his choice
OF ad lnterem appointments. 1t thus ap-
pears that in all legislation on the subject
ne entire control of Congress over it is
assumed and illustrated. ,,..r = go.
Mr.. BINGHAM then cited portions of
he Tenure of Office act to show they SUI
perceded the previous acts referred to- He
llso claimed that the argument of Mr. Cur.
5ls asserted that heads OF Departments ap-
pointed by President Lincoln were not,
Rlthln the proyiso. and adopting this, in
expectation, he said it followed that they
were covered by the body of the section.
He proceeded to argue this point at
length, maintaining that the Presidential
term OF four years continued after the
Presidents death or inability. his success
Sor serving out the unexpired portion
otherwise the appointees of Vice Presi-
dent would have to vacate the office one
month after the disability of the President
should be removed; but the wording of the
act is not the term during which they were
appointed, but the term of the Pr sident,
by whom they were appointed. There
was no such intention in the minds of its
trainers, and the act cannot be so constru-
ed. He argued that the proviso has no
retrospective action, and did not, for the
purposes of the act. make a new term.
1 hat of
beck that if Stanton was not protected by
| the tenure of office act the first eight arti-
| cles must fail, he argued whether Stanton
| was affected by it or not the President had
committed impeachable offenses, because
all the power of appointment granted him
by the acts of 1889 and 1895 was abrogated
by the act of 1867 but he asked why were
such lengthy arguments made in the at
I tempt to prove the unconStitutionality of
that law, if counsel did not feel and know
Stanton was protected by it, and that it re-
pealed all former grants of power to remove
and appoint heads of departments.
| He alluded to conferences having been
held between the President and Thomas in
relation to the advisability of suspending
| the execution OF their schemes until the
result of the trial should be known, and
referring to the language of Mr.. Nelson.
who said the President was willing to abide
the trial. he regretted his highness had not
signified his pleasure to abide the judg-
ment as well.
Mr.. Bingham characterized the Presi-
dents intimation through his counsel that
| he did not believe the Senate was not duly
constituted to sit as court, so long as the
States were misrepresented, as a piece of
| arrogance. and he (Bingham) would not be
| surprised if the President tomorrow should
| issue military order dissolving the court
| In such case their answer would be the
words of Thira5eau, which he proceeded to
recte.
| He then referred to the Presidents Ian
guage to Emory as suggestion to the
Commander-in-C Chief that he would stand
by him in violation of law. This, taken
in connection with his declaration to Grant, !
would in any other country have been suffi
cient to have cost him his head 1t was not
charge to be sneered at, as he believed the
counsel has done.
Mr.. Bingham then took up article ten
and argued that the Presidents language
not only violated decency, but was the Ian
guage of sedition. He also claim the sedi-
| tion law so often referred to as uncOnstitu-
tional had never been so pronounced by the
courts. 1t was necessary in times of dan
ger and, under MIR. Jefferson its provisions
had been re-enacted so far as to apply to
persons in the military or naval service,
which provisions remain in force.
He further claimed that selitious utter |
ances by any executive officers are indict- |
able under the common law in the District
of Columbia. He stood for virtuous Con-
stitutonal liberty OF speech, but against a
seditious license, which would shake the
| security OF peaceful Government and
reach even the dead in their graves,
Reviewing the charges of the 4th article, |
he said Mr.. Parsons telegram was intro |
duced to prove violation of the recon-
struction act, which was indeed passed six
month subsequently,, but in support of al
legation that he opposed the ratification
of the Constitutional amendment. Reading |
that telegram, he claimed the President, in |
referring to Congress as set of individu |
ais, used the language OF conspirator and
not of an honest man. His whole purpose
in opposing the amendment was to revive |
the lost cause. -.-,-, - |
Eulogizing what he deemed the benefi-
cient character of the 18th article, he ami |
madverted on the President in severe
terms for his opposition to it, and said the
people had rightly judged of his inten-
tions. He reminded Senators that many |
of the offenses charged in the 1lth article |
were indictable in the District of Colum-
bia; also that the averments were diviSible. |
Assuming, then, that he had made it
clear to every Senator that the substance
1 of the averment OF all the articles were
established on the evidence adduced, and |
law admitted the claim, the American peo-
pie would coincide in the opinion, and
went on to consider the character of the |
L
which he held were of themselves suffi- |
cient to warrant his conviction.
Referring to his previous argument, he |
insisted that the Presidents assumption of |
judicial prerogatives was crime in viola
tion of the Constitution, which called for
his deposition, and that the President, by |
his own confession, was guilty of usurpa-
ton. -z.s-r.s..1 g --s
Mr.. Bingham then urged the determine
tion of the people to see that the Constitu-
tion was maintained, and passing an elab
crate elogium upon the majesty and divine
character af the law, he proceeded to draw
parallel between James II and Andrew
johnson, and claimed as his usurpations
were similar to the Presidents punishment
should also be analogous, anu equally Sc
we're. --- ..- ----r, ---r -,,
Referring to the triumph of liberty and
law In the struggle Just ended, he said he
could not believe its glorious fruits would
now be-thrown away and the principles of
our Constitution and free Government de-
MED by countenancing assuption by the
President of legislative, and judicial. and
executive functions and powers combined.
In conclusion, he commented, in eloquent
terms, on considerations he claimed should
influence a vote for conviction, and eX-
pressed his assured confidence that should
be the happy -resaie.--------
AS he took his seat large number of
persons in the densely crowded galleries
broke out in prolonged applause, where
, upon -f-
The CHIEF JUSTICE, in indignant
tones, ordered the Sergeant-at-Arms to
clear the galleries.
| Some delay ensuing,
| MIR. GRIMES moved the order be en-
| forced.
| Mr.. CAMERON hoped il would not be |
done, as large portion of spectators had
not shared the sentiments which called tor
the applause, but the resolution was en-
| forced. and at 2:30 every one was turned |