Daily Davenport Democrat. [volume] (Davenport, Iowa) 1864-1874, 1868-05-07
roy,rrErrs CONGRESS.

W IT.
Bingham resumed his argument.
Cour, opc "a with The usual foimalnies,
and Brigham at once resumed his argument
aud spoke until half rast two in conclu-
sion BE Enumerated 10 eloquent terms The
considerations ,ha, he claimed should irlu-
ence vote tor conviction, and expressed
his conviction that such should be the hap
~ result. AS he took his seat . large num-
ber Of persons in the densely crowded gal
leries broke out in prolonged applause,
tones. ordered the Sergeant at Arms to clear
the gallery. Some delay ensuing Grimes
arose and in . high tone of voice said he
demanded enforcement OF order. Trumbull
hoped that the Chief Justice would enforce
order .Eermptorily. Cameron said that he
did not think that all the people in tie gal
ler'es applsuded, at any rate they represen-
I d the people, and this WAS an extraordi-
na,y occasion he was CAL ! TO order elm
u II cously by Fersesden. aeve.j y johnson,
Grim and Tiumbull. Mr.. Cameron how
ever sue, cdtl IN having his say out before
lie sat down, although Judge Chase Kept
rapping go-ously with his gave. AZ TINS
me all was confusion, Senators ana Mem
bers were on their feet, and The Groves IN
no lalle .es were protesting with the door
keepers against going out.
The Metropolitan police were finally
called u the assistance D the door keepers
sd slowly the galleries were cleared. be
people IN the diplomatic gallery sill re
NAMED. Mr. Grimes said he wanted all
ne CALLER es cleared.
TIE door Keepers then began clearing out
IL Foreign Ministers and their ladies.
Tie Reporters were still left untouched. Mr.
Grimes turned his eyes up there and saw
Gil the Reporters in their place.. lie &c
manded that the Reporters gallery be also
cleared. This order was accordingly exc
cu,ed. At 30 every one was turned out
and the court held its session with closed
doors.
The House s,ill being in attendance at .
O'Clock the doors were opened, the court
taking q recess. In the meantime motion
wac offered by Mr.. Morrill, to adjourn till
Saturday, which had been lost " to 3D.
In reply to the question OF Mr.. Conkling,
the Chief Justice had stated that il had not
been his intention to exclude the reporters.
He was Just going 10 submit the question
TO the Senate wnen Mr. conkline's inquiry
was made.
Pending the consideration Of the various
orders heretofore submitted in reference 10
the mode of voting, aud the question 81 at
hitting reporters TO the final deliberations,
recess was carried.
After some decay in re-assembling the
Chief Justice called the court TO order and
said this case would be considered closed on
both sides if neither side had anything 10
offer.
Mr.. Hendricks then moved that the pend
ing order be considered in closed session.
The Chief Justice said it could be done
BY unanimous consent. Several Senator.
objected Mr.. Edmunds moved TO amend
By providing that the doors be closed for
deliberaiion. which was agreed TO, and al
$3.50 the doors were again closed
Mr.. bingham began with q restatement q
of his proposition that the acts OF 1889 and
1895 have ceased to be laws, but maintained
said acts gave the President no power 10
fill vacancies IN the offices Of the heads O
department without consent of the Senate.
He then PROCEEDED to combat the argu
ment of Mr. Curtis. and asserted iha
heads Of departments appointed hy PTeai-
dent Lincoln were not within the rroviscr
~ Tho tenure Of cilce act He mainignoC
that the Presidents term Of tour yeari
continued in case oil his death 0l
inability of Bis successor serving ont tht
unexmrea potion. He then, combating
tie position III Nh. Gioesbeck said that Il
Mr.. Stanton was not protected by the ten.
ure OF office act, The first eight article mus
fail. lie argued that whether Mr. stantor
WAS affected by il or not, the President had
comiaittcl an impgachatle Ciicnse, because
Ill the powers OF appointment granted HIN
by the meta OF 1850 md 1925 were abrora
ted By the act OF 1867 Mr. bingham char.
nc;erizea the President sintimation, through
his counsel. that he did not believe the Sen.
ate was duly constituted t. sit AS a court &C
| long as oil the States were uprepresented
as piece Of arrogance. lie then referred
to the Presidents language TO Gen. Emory
AS suggt stion TO the Commander Chief
that he would stand by him In violation
of the law. This, taken in connection with
his declaration to Gen Grant, would, in
any other country, have been sufficient tc
have cost him his head Assuming, then
that be had made IL clear to every Senator
that the substance Of the averments of all
the articles were established on evidence
adduced and law admitted, h then claimed
that The American people would coincide in
the opinion, aud went on TO consider the
character Of the confessions made in the
Presidents answer which. be held, were oil
! Themselves sufficient 10 warrant his convic
ton Releftin:. To his previous arguments
he insisted that the Presidents assumption
of the Judicial rrereEa'iYc was crime in
violation Of the Constitution which called
for his deposition, and the. the President
by HE own confession, WAS guilty usur-
patton.
Mr.. Bingham then urged The determine
/ ton of the people to sec that the cobstitu
ton was maintained, passing an elaborate
culocium upon the majestic and divine
character Of law. he proceeded TO draw a
parallel between James III. and Andrew
Johnson. He claimed as his usurpstions
were similar. the. Presidents punishment.
| Should also be analogous and equally Sc
we're. Referring to the triumph of liberty
and law in the struggle just ended, he said
he could not believe its glorious fruits
would now be thrown away, and the prin-
ciples OF our Constitution and free govern
ment denied, by countenancing the assumr-
ton by the President, of the legislative, ju-
dicial and executive functions ard powers
l Il