The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1868-02-28


provisions, shall be deemed. and they are de.
clsred to be high crime and misdemeanor, on
conviction of which the offender may be fned not
ceeding ten thousand dollars, or be imprisoned
not exceeding five years or may suffer both hne
and mprise nment, In the discretion Of the court
Mr.. Woodward desired to ask question. but
Mr.. spsulding declined to yield, and continued
his rgunent.
He said: Now sir, II there be any efficacy in the
enactment Of Congress, we are not called upon to
ascertain through committee whether this act oil
the president be q high crime and misdemeanor
because Congress has sheady, on the face Of the
enactment, decided II to be such. And the presi
dent as il tn do deepite TO the action of Congress
has thrown down the glove. BE has assumed the
holiness to say to the Senate, Notwithstanding
your reasons TO the contrary, that had not the
right to suspend the secretary OF war. assume
the constitutional right to throw that officer from
his position entirely, and do It. your law and
your action to the contrary notwithstanding.
am brought to the conclusion that so long as we
submit to these violent assaults upon Congress,
and upon all its doiDgs. we never can have peace,
and am brought to the conclusion that we mnsi
all with upsnimity vote for the resolutions to-day
introduced.
Mr.. Bingham took the floor.
Mr.. PTuyn desired to inquire as to the probable
course Of the debate. and whether an opportunity
would be offered for members generally to ex.
press their views in regard TO this very important
question.
Mr.. Bingham said he was not able TO answer
the question further than to express his own wish
and hope that the House would deliberate freely
on the question.
Mr.. Stevens, of Pennsylvania said SO far as he
bad anything 10 say 10 the matter, he would let
the debate go on until the last moment of to-day,
but that he desired to have the vote tailed be-
fore the House adjourned.
Mr.. PruyD asked Mr.. Stevens TO be kind enough
to Indicate whether he meant, when speaking Of
the last moment of to-day, sunset midnight, or
the usual hour Of adjournment.
Mr.. Stevens said ne would say O'Clock.
Mr.. Pruyn remarked. then we are to discuss this
question between now and O'Clock?
kr. Bingham proceeded to argue in support of
the resolution. He said all right minded men must
concede that the question under consideration IL
one OF supreme importance 10 all the people of
the country. protest for myself that am ut
terry incapable of approaching the question in
q e spirit Of a partisan, and Tepel the intim.-
tion OF the gentlemen from New York (Mr.
Brooks.) that am careless of the obligation Of
my oaln or unconcerned abont the supremacy Of
Constitution and the laws. | look upon the
Constitution of this country as the very breath of
the nations life. look this day on the conside-
ration of this great question did the gentleman
from New York. ask him (Mr. Brooks,) 10 con
sideration Of the matter to ponder
upon these deathess words of the
Father Of our Country when he declared
that the "CoDstitution which, at any time
exists, until changed by the action of the whole
people. is sacred and obligatory upon all" Sir,
the limits Of the republic, upon every human being
standing within the jurisdiction Of the republic
Washington but re-echoes the words which him
self snd his associates embodied in the Constitu-
ton, that this instrument and the laws made in
pursuance thereofsha be the supreme law of the
land. The issue involved Is not, as the gentleman
from New York said, the question Of an Office,
but whether the supremacy of the Constitution
shall be maintained by the people of the republic
The president Of the United States has assumed
to set himself above the majesty of the law He
has assumed to defy the law. He has assumed to
challenge the representatives of the people to sit
IN judgment on his malieasance ia office. ANY
man who has considered and observed nv con.
duct touching this question, which has so long
sgitated this House and this country, must have
that | have held myself back, and
have endeavored to keep others back
rom making any unnecessary issue be-
lives Of the. people, touching the manner in
which he has discharged the duties of
bis great office. | had no desire to resort ul
necessarily 20 this last power reposed by the
people in their representatives and in their seua
tors for the vindication Of their own yOlated Con
'tituton and laws, a. long AS there was any doubt
hanging over the question, notwithstanding there
was much In the conduct Of the president 10 call
Tor the interpostion of the representatives of the
country. Yet, SO long as there was any doubt
hanging over the question Of his liability t. i'm
peachment, within the text and spirit Of he Con
,tituiion, was unwilling to utter one syllable in
svor of such proposition, or to record vote to
idvsnce 1t. With the past am entirely satisfied.
am responsible for IL alone to those who sent me
lere, to the Constitution and the Common Father
4 us all. have said nothing heretofore, l have
lone nothing heretofore which, dying, would
sish to change, | stand here, however, to-day
lleo win the conviction that the president Of the
United States has deliberately and defanty add
riminaly violated the Constitution, his oath of !
flee and the statutes of the country. propose |
o make clear, in the short time which I will 90.
upy, the proposition which have Just uttered, |
nd, in attempting to do IL. desire 10 say il is |
moment of pain. Of sorrow and of grief to me 10 |
e compelled, as a representative of the people, |
0 make the utterance that the president of the |
United States has set this bad example to the peo.
lie OF the country, by tramplIng the Constitution |
nd law detiantly nnder his foot.
Mr.. Bingham went on TO argue the question Of !
Nv involved in the matter, and to show that tbs |
resident himself bad virtually admitted the con.
ADDITIONALLY OF the tenure of-ofice bill by exer-
lsine the power OF suspension, and sending his
easons therefor TO the Senate, for which he had |
o authority, except by that law. The gentleman
rom New York Mr. Brooks) had warned them to /
eware. Beware of what? Beware Of rendering |
iithiul Obedience to their oaths as represent
YES! 10 beware OF taking steps authorized by |
be Constitution to put this usurper of authority
D trial before the only tribunal on earth au-
lorized TO try him for the crimes chargedg Did
OF the gentleman know that it is written in the
constitution that the president the vice president
ball be removed from Office on impeachment for
conviction of high crimes and misdemeanors?
I'd be not know that 1t Is written in the
ame Constitution that the representatives
I the people shall have the sole power
impeachment; that it hss no divided
over! Did he not know that It is within
be Constitution that the Senate shall have the
ole power TO try impeachment! And yet the
entleman told them to beware Of putting the
resident on trial. He (Mr Binghan) undertook
, ssy there was enough in the correspondence
nbmited yesterday to Justify the House 10 draw
y The inference that the president is BY his act |
uiity Of another crime under another act of Con.
ress additional TO the act Of 1867, which m 4kes il
high crime, punishable by fine and imprison-
tent, Tor any person by force, threat OF iutimida
on to attempt to prevent any person exercising
le fnuetions OF an officer under the government
! the United States. BE undertook 20 ssy that
\ full Investigation into the case the president
ould be found guilty OF attempting by threat and
II not by force, to prevent the secre-
ny OF war exercising the duties Of the Office to
hich he has been assigned by the solemn iudQ-
ent OF the Senate. Ii panied him to make such
D utterance. II he had any control over the pres
mt, he would have prevented him from utferiuQ
lch words as those which he had uttered to his
iJutant general, who had appeared to day IN per-
u at the war Office. demanding the surrender
me ofhce, notified the secretary of war that be
ould not obey his orders or recognize him as !
cretary of war. and that he would TAXA noszaa.