The New York herald., 1868-05-05

think the learned gentleman from New York lMr.
everything wel quote in advance for our instruc-
tton when we would come to reply to him ON this
point those divine Of the great apostle Of the
long suffering 1t requires Senator'S, charity broader
than the charity Of Gospel to sit patiently by
son the invoke upon e ese
OF the questions involved in that issue, when
All know tnat these gentlemen, overnowing as
modern-the learning of the dead as well as the
learning OF the living-knew right well that the
Supreme Court had solemnly decided both questions
against them. Now for The proof as to the obligation
OF the heads OF departments to learn their duty
under the law from the will Of the Executive. The
Senate VIII recollect that the learned gentleman
from New York quoted the great case OF Marbury
VS.. Madison with wondrous skill and dexterity. He
the decision which absolutely settled this question
TO the liability OF the secretaries to respond to the
viii OF the Executive lie took care to keep that in
the background. Perhaps he assumed that he knew
all that the Managers OF the House know about
thus case and then that he knew ali that he knew
himself besides-ta -taughter-gathered from the past,
from Cicero. against Cataline, and from Cicero
against Veres and from that speech OF Cicero In de-
fence OF Milo, which happened never TO have been
made until after poor Milo was convictsd; for he was
made to cry out that If Cicero had made that speech
for him ON his trial he would not on that day be
cison of Chief Justice Marshall in the OF Mar
bury Vs. Madison touching this allegation OF an obli-
OF the Executive as their law. Chief Justice Mar
s s,Mil says p lbs, first cranch):.'lt ,, is the
duty OF the secretary OF State TO CONFORM
to the law. and not to obey the instructions OF the
President" This only illustrates the proposition
that neither the President nor his secretaries are
above the constitution or above the laws which the
people enacted Az TO the other proposition, Sena-
tors set up IN the defence of this accursed and guilty
President that he may with impunty under the
constitution OF the United States, interpret the
constitution and sit in judicial Judgment the gen.
tlsman from Massachusetts (Mr. Curts) words it, on
the validity OF your laws. That question has also
been ruled upon by the Supreme Court Of the United
States and from that hour TO this the decision has
never Deen cnalienged, although an attempt was
made To drag the lusrous name OF the Chief Justice
who presides at this moment this dellberative
and Judicial assembly to their help. IL was made IN
vain, as shall show before have done with this
part or the matter. say that the position assumed
for the President by his COUNSEL that he is the judi
ciary to interpret the constitution for himself that
he is the Judge to determine the validity of laws and
TO execute or suspend them or dispense with their
execution at his pleasure and to defy the power OF
the people to bring him to trial and Judgment has
been settled against hun thirty years ago by the Su-
preme Court Of the United States, and that decision
has never been questioned since by any authorlta-
i've writer on the constitution or by any subsequent
decision Of the courts. Mr.. Bingham, in this CON
necton, referred To the of Kendall versus the
United States, reported III 18th Peters, where Justice
Thompson, pronOuncing the Judgment OF the court
declared that the claim OF the President 10 suspend
the execution OF a law growing out OF the cOnstu-
onal provision that he shall take that the laws
be faithfully executed was u doctrine which could
not receive the sanction Of that court, as it woula
be vcsting the President with dispensing power
which had no countenance for its support in
any part, and the effect 0f which would
troll the legislation of Congress ana 10 paralyLe
the administration. Mr.. Bingham continued:-I ask
you, Senator's whether was not justified In saying
II was tax upon ones patience to sit here ana lS-
ten from day 10 day and week to week to those
learned arguments made in defence of the Presl-
dent, all resting upon his asserted executive pre-
rogalve to dispense with the execution OF the
law, and TO protect himself from trial and I'M
peachment because, as he said, he only violated the
law IN order TO test its validity in the Supreme Court
when that court had already decided thirty years
ago mat any such assumed prerogltiye would ena.
bic him to sweep away all the Legislation Of Congress
and to prevent the administration Of justice itself
and thai 1t found no counenance in the cOnstu-
ton ] suppose, Senators, that the learned
ey-Attofpcy General Thought that there was some
thing here which might disturb The harmony and
order OF their arguments And so in his concluding
arrum mt for the accused he attempted to fortify
against such conclusion by calling to his aid the de-
cision Of the present Chief Justice Of the United
States IN what is known as The Mississippi case.
NOW with all due respect TO the learned eX-At.Orney
Geuorai, and to all his associates engaged in this
trial. take II upon me 10 say that the decision pro-
nounced by his Honor the Chief Justice OF the United
States IN the Mississippi case, has no more To do
with the question involved in this controversy than
has the Koran of Mohanmed, and the gentleman IL
utterly nexcusa3e for attempting TO force that de-
cs,on into ths .ssse In aid OF any such proposition
az that involved in this controversy. whal
did his Honor the Chief Justice decide in the Mis-
sissippi CASEY Nothing in the world but this whic
Is well known To every lawyer in America, even tt
every student in the Law versed not beyond the horn
books Of his profession, that when the law vested
the President with discretionary power his jndgnien
In the exercise OF his discreti0n until that Judgment
includes all parties. In that we agree. The
learned Senator from New York, Mr.. Conklng, VINO
was born that question was decided precisely IN
the same way IN the great State which he
reported in twelfth wheaton. But IL does
not touch the question at all, aud the
proposition is so foreign to the question that 1t is
IKE of those propositions referred to by Mr. Web
stcr on one occasion, when c said that TO make II 10
q right minded man was TO insult his intelligence.
Here MIR. Bingham quoted from Chief Justice Chase
decision IN the MisSl.3iDDi Injunction show
that the duty OF the President in seeing to the
forccment o' the reconstruction laws was purely ex-
ecutive and left him no discretion whatever, and
that the conduct OF the counsel in Introducing these
Mississippi eases in support OF their argument was
able 10 make q single point to prove that
the Executive OF the United states mad u right
to intergret laws for himself; The plainly
the laws made by the representatives Of the pcO-
pie properly conducted. They had heard much OF
The practice OF government FOR over eighty years,
but they had heard OF no violation of law OF the
United States that tle people did not promptly crush
out aud punish Andrew Jackson, not uninindful OF
his OATH though holding doubts Cf the constitution
atty Of the law IN rcfc 'encc TO south Carolina, raised
his hand ana voice and said, "By the Eternal, the
Union must and shah be preserved" lie tMr.
Binghaml believed that the bill called the Fugitive
Slave hill was unconstitutional. 10 was bill
that gave reward to magist rates to restore %
slavery human beings with immortal souls--that
vIuaici the iirst auJ best principle OF humanity
yet the American people said let the law he
obei al i IT, constitution repealed t; and yc. with
sucu % record as this these gentlemen come before
you ana ask YOU 10 cOunteDancc violation Of one of
your laws, made by yourselves Continuing
M. Bingham said:-!n this connection, Senators, /
feet constrained 20 depart from me direct line OF ar-
mont 10 notice another point that made IN order
- bolster up this assumption OF Executive prcrOg5-
tive 10 suspend or dispense with the execution 0I u
law. Iaat - me reference to your lai1cnied aud
honorcd President, Abraham Lincoln. In Gods
name senators, Was u not en- uy1 % be reminded ~
the darkest hOur of your trials, wheu tbr
of bittlc Of that oa!h, which, in its own
simple words registered In heaven and
which he must liave taken on thc peril oi his soul
was IL not enougl that he kept his faith 10 the end
ana finally lld down his iiic "a beautiful sacrifice.
the defence Of the republic and OF the laws without
MS memory being sllndcrcd and caiumuiatod now
thl hc u dead that ms tongue IL nutc and that he
d. no longer able to speak Tor himself by the bold.
naked aud false assertion that he violated the laws
oi hl- country speak earnestly, speak warmly,
senators, ON this subject. because the man thus
sanOcrcd and OUTRAGED in the presence OF the Senate
and OF the cl.lizcd world was not only