Daily Davenport Democrat. [volume] (Davenport, Iowa) 1864-1874, 1868-05-06
appointment. for the Presidents letter OF

commissions 10 expire at the BEGINNING Of
/ the next session, II the President could Gre
ne yacaneiee al will during the session Il
& the Senaieg
I By such appointment lie could keep men
IN Office at bis pleasure without regard to
the Constiiu ior. With regard to tie Pres
| idenrs defense that le sought to test the
validity OF the tenure Of Office law, he as
serted that there has never been . clear, un.
/ equiy0CAl decision Of the Supreme Court
against the copstitutionaliiy OF q law OF
Congress, and held that II was only bold
pre,enss Of the / resident 10 take upon him
self a responsibility unich the Court itself
had never assumed. The presumption Was
altogether 10 favor of the laws validity.
10 admit his possession Of discretionary
and judicial prer0gatives would be TO clothe
tue creature with power superior TO the
power which created II, and would enable
him at pleasure to defy the will OF
the people, the Constitution and the laws.
He then recited the three laws which the
President was charged with having violatei,
claiming that it had been already shown
that those VIC atoms were offences. lie
quoted Kent, that INSTRUMENTATION IN oil
fee was also ground FOR Impeachment. lie
I held that it was entirely immaterial
whether or not the articles were formed in
TIE technical form Of an Indictment every
| child knew his offence was an assumption
al power TO jujge OF the validity OF the
laws for himself, and 10 obey them or not
at his pleasure. lie held that the elsuc-
rate argum. nj of the counsel to prove that
the law o. 1863 did not repeal the act Of
1880, and admitted that 1t WAS IN the power
oil the President to determine The tenure Of
Office; and the subject was not determined
by ltd constitutional provisions; and ne pro-
eeeded to comment on the act OF 1861 in or
. der To show that ii was clear and explicit
} in its terms. Referring ~ Senator Sher-
{ mans remarks, lie said he would consent
, To the removal OF a cabinet officer who
r should be SO destitute OF honor as TO refuse
a TO resign when requested by the Senate.
:. MIR. Bingham said the remarks were natural
at that time, for circumstances had not then
developed the malignity and dangerous in
y tentions Of the President, besides the ex-
preston showed that the consent Of the
y Senate was necessary. No one doubted at
q the time that Mr.. Stanton came within the
70 provisions OF the act. The President did
d not Tor he had acknowledged as much
by suspending Mr.. Stanton under the act.
r Now how is the power OF suspension given
him. Even the wording OF his massage
. was borro ed in part from the language oi
A the act, and this excuse has an afierthoughi
a to cover up his villainy. He held that the
. President was responsible for having
:" to remove Mr.. Stanton without alleging OF
proving that the latter had become disqual
flied In any way from exercising his duties
Courttook recess.
On re-assembling Mr.. Bingham claimed
that it had been already shown that the
President was self convicted on th charges
contained in the 1st. I'd. Sd, slh and It'll
H. articles; and procet ling to speak Of the re
n moval Of MIR. Stanton he paid o glow
III. Ell -
r. acter and virtues of that illuminated
n officer who had been proved faithful
among the faiihless, and who, in all the
- qualities VIII Oh adorn and ennoble human
=, nature, had no SUI ,rior in any age; yet Thu
. distinguished patriot bad been removed
- without a colo. able excuse. in violation o
law, TO crafty the personal enmity Of lii,
President.
r. Hnphsm was glad - Tie able 70 agree with
st The counsel n one point o law, namely
be shat an unconstitutional law WAS no law ,bH
insisted that il caunot be considered uncon
q sttutonal until it has been 50 pronounced
re IN the proper way, he would also reiteTait
" that evil III nj is To be presume from ey /
acts, but the Presidents evil intention Wi.
not merely a.matter OF presumption, but @
confession To show this bingham reae
from the Presidents letter to General Gran
in which Re says, you know that il was nl}
- purpose 10 prevent Mr.. Stanton from IL
:. Stunning the duties Of the Office Of Secretary
\, Of War, ana he claimed further that ever,
81 one not stupid or ins .ne, must see that Il
y. Mr. Stanton had been kept cut of his Office
Vt he never could have got into the court, and
10 that decision could never have been OF
e. tanned by the Presidents defence, that ht
r wanted 10 obtain quo trarrdnt0, was mere
i babble in the sol the senate he asked
why, ii the Pr tents purpose n all he did
was 10 secure q decision Oi the Supreme
Court, he did not institute proceedings al
, once because it was impossible for him tc
e do so, as he knew ity )uld be from begin
= ming.
y Ia reply to the defence that the act wa.
:, not consummaied. he said it had been long
settled that an attempt TO commit misde-
IL meauor was its elf indictabe. lie also helt
Of that any offence under the common Law
was indictable In the District nl Columb q
ID according % the laws OF 1891 and 1881
III According - tie tenure Of Office law j
made the removal Of Stanton and the AZ
p1.i.intnt Of General Thomas a nisis
meauoT, and no inteiiigent nan could den,
they were Improbable offences The OIL,
:, question winch remained to be considered
" Vas the eonsiilaiiouallty 81 That Law. ii,
7 might simply say that was closed ques
u ton. To acknowledge nov that the ten
u ure OF Office act, which, after long
I discussion, had been passed, and ayain
passed over the Presidents veto, again ap-
e proved or II bruary 22i, was unconstitu
tlonal, will he for the Senate to DENY tie
Il validity OF its own decision three times
made, and 10 confess it is the guilty party
worthy Of impeachment.
Mr. Bling am then took Up the charges
OF conspiracy with Thomas, and argued
Of that the joint action OF the President and
o. General thomas was indictabe under the
Il conspiracy act of 1861, but said that the in
n dictment of General Thomas would be use
). less until after the Presidents Impeachment,
:, and conviction, since the latter would nullity
II by the use OF his parjoning power. In
- the interest oil justice, then. the conviction
; of the President was demanded. If it were
urged that this WAS q small offence, he re
minded Senators that they were not granted
the psrdonng power. He then reviewed
the evidence OF Gen Thomas, and claimed
. to show thereirOm that he and the Presi-
. dent had conspired together in reference Ia
h various matters concerning army move.
# ments and appropriations, but on a confer.
d ence had decided to let these matters res,
a until they should see whether an acQuittal
= would not give them better chance OF
success.
Mr.. Bingham at this point stated that i,
would take him an hour more to finish, and
the Court and Senate both adjourned at 4.05
4 HoUsR-The Speaker announced the Sc
+. lect committee to investigate Mr. Wash.
J, hurnes charges against vr. Donrelly, as
: Aessrs. Banks, Thomas. Of Maryland, Pc.
land, Griswold, Blair, Of Michigan. Wood.
= ward and Beck.
Mr.. Dawes. at the request Of Mr.. Butler
!. offered resolution that the committee alec
inquire into the allec atoms cf Mr. Brooks
on Friday, relative to Mr. Butler.
Mr.. Brooks said be would not object to
the reception of the resolution, if he could
d move an amendment extending the limits
. Of the investigation.
a Mr.. Dawes replied that he could present
/ his proposition as separate matter.
The House then proceeded TO the Senate.