Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1868-05-07
UNn@Mka
8&S)V TIKI
OVERLAND DISPATCHES
DATES TO MAY 9th.
Tho Impnnnhuant Trial.

The Impeachment Trial.
WASHINGTON, Nay 4.-In the Senate,
AFTER the reading Of the Journal, Bing-
ham commenced the final argument for
the prosecution, protesting that he took
part in these proceedings from no parti-
san feelings, but with n weighty sense
of their %solemnity and true meaning.
He proceeded to sketch tho events at
itcndant on the assassination of PrcSi-
dent Lincoln, and the accession of An
drew johnson to the Presidency. Re-
fcrring to his oath to execute tho laws,
he spoke Of their majesty and suprem-
acy in our form Of government, and
claimed that the President WAS equally
subject to their authority with the hum
blest frontier settler. He dwelt on the
high trust committed to the Senate, and
INSERTED that the issue of tho life or
death Of the Republic hung an their de-
cision. Bingham said tho responsible
ity ~ofgdeciding this issue rests upon the
Senate. It cannot BIO divided with any
human being outside Of the Senate. II
has the whole power to try cases Of i'm
parchment and Of necessity must BIO
clothed with power to decide all ques-
| tons Of law and fact. Counsel on the
other side have endeavored to show that
this is not so. They would like, It may
be supposed, to have Andrew Johnson
decide this question, as thcy say hc has
the right to decide all others. His col
league, Butler, in tho opening Of this
case, had called this body the Senate
instead Of q Court, and counsel had
tricd to mako q point out Of this. II
was Easy to SEQ that this was done with
tho view of turning tho attention Of the
| Senate from the real issue; but he
would not waste time and strength on
trifes like these, which were as light as
air. He would not follow the course
pursued by the other side, and espe.
| cially tho gentleman from New York,
Mr.. Evarts, in his intellectual pyrotech'
MICS. CLaughtcr.1 He would deal in
such arguments MS would bring conyic.
| ton to the mind of every man. Refer
| ring to the length of Evart's speech,
| Bingham said he supposed 1t was the
impression of some men that to make a
speech immortal it was necessary to
make It eternal. Laughter It had
been stated by counsel on the other side
that nil questions arising under the
Constitution of the United States must
be decided by the Supreme Court. That
was q very broad proposition. There
were many questions which could not,
in tho nature Of things, como before the
Supreme Court, though they arise under
the Constitution Of tho United States,
| For instance, tho Senator from Illinois,
or any other State, if his right to a scat
hore is disputed, he did not so with his
case 10 tho Supreme Court. That ques'
ton must be decided by this body, aud
to which be waseleeted. Ho read from
the decisions Of Chief Justice Marshall
to show that it vas the duty Of the
Heads Of Departments to obey the laws
and not to take the commands Of the
President instead. This decision shows
neither the President nor his Heads Of
| Departments arc above tho laws. Bing'
ham cited the case of the Fugitive Slave
bill, which, though 1t was r%epugnant to
every sense Of justicc; a bill which made
a chattel of man; q bill for which even
God seemed to stand silent; a bill which
forbade us to give shelter to the home
less; a bill which made US violate the
command of our Divine Master when be
says give a cup Of cold water to him
who Is ready to perish; a bill which
Daniel Webster said he believed to be
outside of the Constitution; n bill which
caused Margaret Farress, in the street.
| Of Cincinnati, flying from the officers o.
tho law, to forget her metherly instinct:
and to send to its account before its
time tie babe Of her bosom rather thar
allow it to DO flung back to the holl Of
slavery; a bill which, nevertheless, tho
people obcyed, when they stood by and
saw Anthony Burns rattle in chains
under the shadow of Bunker Hill, where
rest tho first martyrs Of American lib
erty; a bill which, under oil these cir
c~umstauces, tho American people obeyot
until it was repealed.
Tho Senate took q recess Of Is min
utes.
After the recess Bingham resumed hi!
argument. Ho referred to that proyis
ion Of tho Constitution which says thaI
oyory bill which shall have passed. Con-
grcss shall, before it become q law, b'
Gent to tho President. Tho language Of
the Constitution is that 1t shall become
q law after it has gone through the pro
cess prescribed by the Constitution
The argument of gentlemen on the othe'
side is that it shall not DO a law. To
prove this they have brought forward
their small arms, as we'll as their heavy
artillery, and say 1t must DO in accord
ance with the Constitution. So it must
but who is to decide that question
Not tho President, certainly ; for he i
not the Judicial but the executive oil
Ger. If tho President may dispose o
one Act of Congress, may he not dispoS'