The New York herald., 1868-05-07
PROCEEDINGS OF THE COURT.
Thirty.secOnd Day.

UNITED STATES SENATE CHAMBER
WASHINGTON, May 8, 1858. J
The court was opened with the usual formallties
and Mr.. Bingham at once resumed his argument,
beginning with restatement Of his propositions that
the acts Of 1859 and 1795 have ceased to be laws but
maintaining also that said acts gave the President no
power to I'LL vacancies in the Ofices Of the head Of
departments without the consent Of the Senate. The
act OF 1889 permitted him to create vacancy In one
department but restricted him to the choice Of the
chief clerk to I'LL It, The act OF 1895 went further,
applying to other departments, but limiting the CON-
mission to term Of six months and thus clearly
grant of power, and that, too, restricted grant.
The act Of 1853 abrogates the statutes OF 1899 and
1885, and again restricts him in his choice OF al IN
ertn appontees. 1t thus appears that all the legs
lation the subject-the entire control Of Congress
over it's assumed and illusraled. Mr.. Bingham
then cited portions Of the Tenure of Ofce act to
show that they superseded the previous acts referred
to- He also claimed that the argument of Mr. Curtis
asserted that heads Of departments appointed by
President Lincoln were not within the proviso, and
adopting this Interpretation 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
Presidents death inability his serving
out the portions otherwise the appOntees Of
Vice President would have to vacae their Oflces one
month after the disability Of the President should be
removed, but the wording OF the act is not 1.-The
term during which they were appointed, but the
term Of the President by whom they were appointed"
There was no such intention in the minds Of Its
trainers and the act cannot be SO construed. He
also argued that the proviso had no retrospective
action nd that reelection did not for the pur-
poses OF the act, make new term. Then COM
batting the position OF Mr. GrOesbeck, that II
Mr.. Stanton was not protected by the Tenure
~ hn frot tntf fietn v.nof foil
he argued that whether Mr. Stanton was affected by
1t not the President in his appointment of General
ca%se ali a Se UoWer Of eranaI S IS Iy
the acts Of 1889 and 1895 was abrOgated by the act OF
1857; but, he asked, why were such lengthy argu-
tionaity Of that law II the counsel did not feel ant
know that Mr. stanton was protected by 1t, and thad
repealed all former grants Of power to remove and
ferences % having been held between the PresdeSt sd
nSas in ps eaSs sSecoo sS the S ss
until the result Of the trial should be
vso nd ..S es.pS Ss f. s sHsnSss %ss Of Mr.
niaed his pleasure to abide the judgment as well.
Mr.. Bingham characterized the Presidents intima-
tion through his counsel that he did not believe the
Senate was duly constituted to sit as court 50 long
as States were unrepresented as piece Of arr0-
gance, and he tBinghaml would not be surprised I
order dssolving the court In such case their
answer would be in the words OF Nirabeau, which
the Commander-in.Ch Chief to his subord nate
that he would stand BY him in q viola
with with his his declaration to Grant would in
any other country have been sufficient to have cost
m nun ms seaa mead M was not cnaTee 70 oe sneereS a.
then took up article tenth and argued that the Pres
dents language not only violated decency, but was
sedition law often referred 10 unconstitutional
had never been so pronounced by the courts. II was
necessary In times Of danger, and under Mr.. Jener
apply to all persons In the military or naval service
which provisions still remain IN force. He further
ccutiye oficer are indictabe under the COM
mon law i4 the District of Columbia. He
stood for ysess liberty Sf
shake the security OF peaceful government and
reach even the dead in their graves. Reviewing the
Parsons telegram was introduced, not to prove
violation OF the Reconstruction act which was in
deed passed ak months subsequently, but In support
of the egation tnat ne opposed the ratification Of
the constitutional amendment. Reading that tele-
gram he 9 ai@ed t9ai we President in IN referring to
a conspirator and not an honest man. HIS whole
purpose in opposing the amendment waH to revive
the lost cause" Eulogizing what he deemed
he animadverted on the President In severe
terms for mis- opI oon to 1t and said the people had
rightly judged OF his intentions He reminded the
eleventh article were indctable In the District OF
Columbia, and also that the avernents were divs-
able Assum ng, then, tat ne had made 1t clear to
every senator that the substance of the averments Of
all the articles established on the evidence l.
duced ami on the law cor, conmlt,ed he cai ned that
aud went on to consider the chafatr O. the
CO iicsslons made in the Pres dents answer, which
he held were uf themselves sufficient ~ warrant
a conviction. Referring ~ his previous ar uments
he insisted that the assumption Of judicial
wnss ws % h ~ vSGn Of ans a
! the President by his own confession was guilty of
| acts OF usurpaton. Mr.. Bingham then urged the
determination OF the people to see that the supre-
macy OF the constitution was maintained. and pass
| ing an elaborate euiogium on the majestic aud
divine charaeser 9l law he @ piVceeaea nra 70 draw
| and claimed that ~ hs usurpations were similar,
the Presidents punishment should also be analo.
| tliumph OF liberty and law In The stru9.
| gle just ended, he said that he could not
believe that its glorious fruits would now be thrown
of free government denied by countenancing the
assumption by the President Of legislative judicial
AMI executive functions and powers combined.
Can it be- Senators. he said, that by your decree
you at to make this discrimination between
the ruler Of the people and the private citizen and
Interpretation judiciaby OF your constitution and
laws2 Iput away, senator's the possibility that the
tribunal in the world, Is capable Of recording
any such decision, even upon the petition
and ana prayer OF I'M. accused aud guilty Presi-
tue President IL 10 be protected In these high crimes
and mlsdcmeanrs, vioative alike Of his oatn Of the
constitution and the express letter OF your written
lawf Senat0rs, have said, perhaps, more tnan 1
ought to say. have said, perhaps, more than there
! was occasion to say. know that stand in the
presence OF men nlustr0us In our country's history
know that stand In the presence Of men who for
| long years have petn In the nation's councils 1
know that stand in the presence of men who. in
some sense, may &c called to-day tue living fathers OF
the rep bilc ana ask you, senator's to consider that
speak before you tnis day In behalf Of the violated
law OF free peopt who commissioned me. ask you
to remember that speak to-day under the obligation
OF my oath. ast you to consider, Senators, that
/ | am not insensible to tile significance of those
/ words OF which nnntiOn was made by the learned
/ gentleman from New York (Mr. Evarts),-justice,
/ duty, law, OATH ask you, senators, to consider
/ that we stand this day pleading 1or the violated
majesty Of law, by the graves Of haf million OF