Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1868-05-14
By TEL. APH.

" ,surSGToN, May 4

NAN' wv w lNN'A " 80 Nv 80
cies in the offices of the heads Of depart
ments without the consent of the Senate,
The act of l,s9 permitted him to create a
vacancy in one department, but restricted
him 10 the choice Of the chief clerk 10 flill !,
IT, The act of 1885 went further, apply
ing to other departments, but limiting
the commission to a term of six months I
ana was thus clearly grant ofpower, and .
that, too, restricted grant The acts of
1864 abrogate the statutes Of l1s9 and
1895, and again restricts him in his choice .
Of od interim. .appointees. 1t thus appears
that all the legislation ON the subject, the 7
entire control of Congress over il, is as
sumed and illustrated. Mr. Bingham
then cited portions of the tenure-of-ofiice
act TO show that they superseded the pre-
vious acts referred 10. He also claimed
that the argument OF Mr. Curtis asserting
that heads of departments appointed by
President Lincoln were not within the
proyiso 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 Presidents term OF four years
continues on Presidents death or ina
| bility, his successor serving out the unex-
pired portion, otherwise. the appointed of
a Vice President would have TO vacate
1 their offices one month after the disabili-
/ ty of the President should be removed,
/ but the wording of the act is not "the
term during which they were appointed,
but the term of the President by whom
they were appointed. Mr.. Bingham char
acterized the Presidents intimation
through his counsel that he did not be-
lieve the Senate was duly constituted to
sit as a court so long as States were un-
represented as piece of arrogancy, and
he Bingham would not be surprised il
the President tomorrow should issue a
military order dissolving the court. In
such Il case their answer would be i'll the
words Of Mirabeau, which he proceeded
TO rccite He then referred to the Presi-
dents language to Emory as a suggestion
Of the comrnnndvr-iu-chief TO his SubOrdl
mates, that he would stand by hin
: in violation of the law. This, he said
taken in connection with his declaration
r Ito Grant, would in any other countr!
have been sure to cost him his head. Mr.
Bingham took up article 10, and arguet
that the Presidents language not onl,
1 violated decency, but was the language o
t sedition. He also claimed that the sodi
!. ton law, so often referred to as unconsti
o tutional, had never been so pronounce,
by the courts. 1t was necessary in time
t of danger, and under Mr.. jefferson it
:, propositions had been re-enacted 50 far a
: to apply to all persons in tn
h militart or naval service, whicI
t provisions still remain in force. II
5 further claimed that seditious utter
ances by any executive officer are indict
q able under the common law in the Di.
: lrlcl OF Iolulluld. Ilt HIoo't loi VIZ tAlVu
i constitutional liberty of speech, bu
:. against seditious- license which woul
It shake the security of peaceful govern
II ment, and reach even the dead in thei
II graves. Reviewing the charges of tn
a eleventh article, he said that Mr.. Parson
d telegram was introduced, not to prove
It violation of the reconstruction act whic
o was indeed passed six months subsequen
z ly, but in support of the allegation thi
$ he opposed the ratification of the Const
tutional Amendment Reading that telt
gram he claimed that the President, i
's referring to Congress as a set OF individ'
of ais, used the language of q conspirati
Id and not an honest man. His whole pu
pose in opposing the amendment was
IN revive the lost cause.
- ~ Eulogizing what he deemed the ben
:, ficent character of the fourteenth artic
W he animadverted ON the President in 5
" we're terms, for his opposition TO it, an
said the people had rightly Judged of Il
intentions He reminded the Senate
e. that many Of the offenses charged in IL
eleventh article were indictable in Il
District of Columbia, and also that L
j., averments were desirable. He claim,
W. that the American people would coinci,
Ia in their opinion, and went on to consid
tn the character of the confessions made
iu the Presidents answer, which he he
C e were of themselves sufficient to warra
m. his conviction. Mr.. Bingham then urg
he the determination of the people to $
n that the supremacy of the constitute
was maintained, and passing an elabora
eulogism on the majestic and divi
nd character of the law, he proceeded to dra
en- parallel between James I'd and Andre
re. johnson, and claimed that as his usurI
ic- tions were similar, the Presidents pu
w ishment should also be analogous al
10 equally severe. In conclusion, he en-
merated, in eloquent terms, the consiC
rations which he claimed should infuen
in a vote for conviction, and expressed
Oh assured confidence that such would
-, the happy result.
to WASHINGTON, May 6.
PIE As Mr. Bingham took his seat a lar
'A number of persons in the densely crowd
galleries, broke out in prolonged {
or, plause, whereupon the Chief Justice,
indignant tones, ordered the Sergeant
o,n Arms to clear the galleries Some del
mo ensuing, Mr.. Grimes moved that the
der be enforced. Mr.. Cameron hoped