New-York tribune., 1868-05-07

@ him " and senate Of tBe United states
organized power under the Constitution to try bin on npeAeh
We are very thankful continued Mt Bingham that the
President by his grace permits the Senate to st 9ueu
deliberate this question, presented Dy aislSs oA
Impeachment by the peoples representatives But ASK
Senator'S to consider whether the zen ~
that counsel did not intimate that the Pfesllet Wa
willing TO abide the Judgment OF inc Snf a may
pect and whether he Ia not playing the same fOe
he did play when he availed himself OK the pr0VsOs "a
the Tenure-ofOnice act to suspend Edwin NJ stanton
from Office and TO appoint Secretary al thtG, anu
afterward when the Senate did not concur a. IN I'm tHe
suspension of Mr. Stanton refused TO suspend the Dn
ing force Of the Tenureof Office act think i would
have been well for the PRESIDENT OF the uHtea b
learned counsel If he had gone step further ana IN
formed us whether he will abide the Judgment OF inc
Mr. Bingham also auded TO remark made by Mr. Curtis Ia sustain
sa so % v called military order but that he hsbas custom
Of the officers Of the obey al tbs oderoi Their superior
Mr. Bingham said would not surprise senators at a. n the President
ssIA,, , s S @ h me 5ht 10 try bm 6y
the absence ofweny Senators excluded by the action Of tins body
elected by the States and entitled TO representation on TINS hog
That Is q question, continued Mr. Bingham, whlch inc
President Of the United States has right to decide
meddle with than has the Gar OF Russia piece
OF arrogance and inpudence for the President OF the
United States TO send to the Senate Usage that IT IS
constituted according TO the Constitution qua that
has no right TO decide for itself the qualifications and
elections OF members when It is the press Ian
guage OF the Constitution that the Houses OF Congress
shall have that power and no man on eartn snouu S %
President which is, substantially that you sha suspend
judgment in the matter and defer to ms WILL Will utu ~
shall his convenience TO inquire IN the Court II II Is
the right Of the people 20 have thelr laws eh-
ecued, the Senate Will return by lts Jndgnent "a 9
this matter Of the grand heroic spirit Of at
which Deputies OF the French nation returned IN S9
TO King Louis XVI when he sent his orders mat ey
should dspcrse, aud when, that occasion, the mus
triOus President, rising I'm his place, was hacd Dy the
Kings usher with the question DID you mol near tn9
Kings orderi" "Yes Sir" replied the President and
ne Immediately turned the Deputies and said, 81 ad'
ourn the Assembly until II has deberated on the mat
Sir" and he Immediately followed 1t with the further
words, 10 appears 10 me hat the assembled nation car
not receive an order" and this f0lowedby the words
Of the great tribune OF the people MlIaDtln aoosslg
the Kings usher and sayg Go back TO those VINO sent
viii of the nation That Sir (continucd Mr. Bingham
addressing himself To the PreSidents eounsel s our
have said, Senator'S all that l have occasion
10 say touching the first ,eght Huciesi
preferred against the President 10 his having entered
into this conspiracy having Issued tnls order ol removal
unlaWfuly aud having issued this letter of authority u
lawfully IL was necessary tlat the ITSsideht hho,uq
take another step III his Ruy march, and nc proeeeuea
very cautiously as eonspratorS always do III e expert
ment OF corruptng the conscience ana staining INC honor
OF gallant soldier VINO Was IN cVAnl ol ~ i
forces OF the district He had interview with hm the
this letter OF authority IN that lnrNew ne says 20 nm
hm This Act OF 1901 making appropriations or The army .hrh e
which decres also that any violation provisions shall be high
msdemenor oee Unconstitutional law and Is rot within the
IL Was simply suggestion to the General that his Com
mander in-Chicf wonld stand by him in violating the
law OF the land 10 a suggestion 10 INN that it
would be q very great accommodation 10 the President
ceiye his orders directly from the President aud not from
the General Of the Army IL confession. Senator'S
indirectly 10 be sure that confession however when al
ways sylabes itself 60 the confession OF the guilty, when
the guilty speaks at ALL that Gen Grant tue hero Of the
century, who led your battaOus 10 victory on hun.
dred stricken fields, having yudicated the supremacy of
the law by wager of battle, would surely here. In tho
capital be faithful TO the obligations and requirements
OF law aud rcfuse 10 strike hands win MN More thah
that, he has put IL In writing 10 this effect;
You Gen Grani thi object ad 20 violate hnd
drfuaf tlt uf
10 order to eireamyeos NJ.
That is his language IN his letter to Cen Grant on the
10Th OF February. aud yet gentleman thai this ~ "A
accusation. Il tf 10 Is 20 miserable ah acta
sation. ss that III any other country Than where the
laws enforced rgidly u would have cost an cNccu
tive military officer ms head 10 suggest To any Subor
dHatc that lac should violate law and penal NV AZ
orders plain that mortal could mistake its
meaning say more Oh that point but leave u Win
approach article TO- about which good deal has been
said moth by the opening counsel and TIE concluding
counsel The President II ~ that article charged Wlth AN
oeusc IN tbs, that IN the District oi Coiuhol
heuttered sedOus words Il am stating the substance au
legal effect OF the crgc intending 10 excite the people
TO revolt against the NXNiNh Congress ana TO dlse.
gard its legislation asserting IN terms that u was NOT
a Congress, that 1t was body assuming
to DO Congress, hanging on tie verge
of the Government He is charged also WIN
acts Of public udeceucy, which, as showed
to the Senate yesterday Is at common law an hdIcaDlc
showing his part purpose To violate
the law himself aud encourage ana nclte others TO No
late ALSO In other words his language w"S the language
OF sedtion What did the counsel for the President say
about They referred 10 the sedOn act or l'g whch
mad explred by It's own limitation, and talked about It's
being a very Odous law. do not know but what they
tcd that N was "A very unconstitutional law. Pray
what Court the United states ever 80 decdedf lhte
were prosecutions under It, and what Court, ask, ever
SO decded7 Or what commanding authority on the Con
stuiOn ever ruled that the law was uncosltutlOhai
/ admit that no such law rs that should bo your
statute books OF general application and OperauOn eN
Cept I'm the day OT national peril ana tliht was uby or
national peril There was Sedi'iVh ~ nI t, phi
everywhere attempting 10 STIR up te people 10 enter INTO
combinations aDIu1u huitlu .liu 1s ~, " pi
gupIf ~ nT fug
temin (Mr Eyarts referred Mr. jefferson coming INTO
uoHcr aud exbie hs Lostltics To the sedton act Of
i79s But he had no got into power tnan he re-
enacted that law to every officer IN your army ana IL
stands me law Of the Republic uncha gcd from that day
TO To this read from the act OF 1876;
vo silst The President the uueI States, against the yieeps
dent thereof sgnst Congress ohe United states against the
Chief girle Leg aa any efe United states 10 which he
may quaered commissioned ocer shall BE- eashed of otr
punished oourmsa may dlee' and 4 soneomm,'onsd
officer soldier shall such puunnta may he Indicted upon
him by the sentence of cour.nsftial DEATH
The gentleman read the Constitution IN tho hope
suppose to snow that u was utterly hpossiole TOT tn9
Congress of the United states To iuicl pains ana peha
ties by for sedtiOus uterances, either Dy the fes
dent or by anybody else II 1t was competent ior ION
gress 1866 TO enact that law 1t Was equally competent
for the Congress Of 1898 TO enact the sedion law ana Dy
the law OF 1901 these sedltOus uteraces made ia Tue
District Of Columbia afe iudctaDie az mlsdemeailOIs,
whether made by the President or anybody
else, and especially when made by any ,l ON
For as read Yesterday the refusal by an oncer 10 DO
an act required by the law, 10 al common Jaw ct9Dc
An attemn on the part Of officer 20 procure others
10 violate law Is also iudctabe and In general sedl-
tiOus uttcranccs by executive Omctf ls hWayb az Vc
common law indictabe. such melting tho people 10
resistance melting officers Of the army to mutny ih ds
regard Of the law aud that was the attempt anu laI ~
Tie IanGuare of the President. But, says counsel, THIS
was his Guaranteed right under the Constitution; the
freedom 0 speech Is to be restricted by LAW OF S0
gress How is that answered by that act OF lsge WhG
Subjects every soldier aud every officer IN
yo1r army TO court martial for using dlsreputaDle
language OF the President, OF Congress-, OF 9i
his SUPERIOR oflcersi The freedom OF speech
guaranteed by the Constitution TO all the people Ol to
United states aud to be protected from any unjust re-
traint s that freedom Of speech which respects rst
the rights OF the nation ITSELF which respects next the
snnreIacy OF the nations laws, and which hnaly re
snects the rights OF every citizen OF the Republic
believe too IN that freedom OF speech That is the iree
dom ~ snce@h 10 which the learned gentleman from
York REFEREED when he quoted the words OF Milton,
saying: "Gve me liberty 70 know 10 argue ana 10
iberties That is the liberty which respects the rights