New-York tribune., 1868-05-07
THE FILL REPORT.

CONCLUSION OF MANAGER BlNGHAh5 ARGUMbNI
The Court was opened In due FORM and Mr.. BINGHAM
resumed his argument, as follows
SENATORS: Yesterday had said nearly all had to say
touching the question OF the authority OF the President to
legislative power for the Executive office OF this
Government For the better understanding Of my argu
ment however Senator's will read the provisions of the
acts Of 1889 and 1895 in the presence Of the Senate and
will show by the law read by the counsel for the Pres
dent on this trial. that the Of 1889 and the act Of 1898
have ceased be laws and that the President can no
exercise authority under them to-day than can the
humblest private citizen desire, also, Senator's
position 1 assumed yesterday with perfect
confidence that would command the Judgment and con-
science of the Senate to wit That the whole legislation
OF this country from the LIST Congress IN 1Sg 10 ts
hour bears uniform witness to the fact that the President
Of the United States has no control over the Executive
offices OF this Government except such control as Is gwen
by the text the Constitution which read yesterday
TO an up such vacancies may occur during the recess OF
the Senate, with limited commission 10 expire WIN Jne
session. such power as Is gwen nun by express
authority Of law care nothing Tor IT, ne SonG1ng nn
this question; the statutes OF the country, con-
euae them ana eohcuue us GnyerrmeDt SI rom
the Executive down. what, then senators,
passing, to remark that the act establishing the Depart
ment of Foreign Affairs contains precisely the same pro-
vision, word for word, as the act establishing the depart
Dir. bingham here read ofi79e. and cOnuued A.
Standing upon that statute senators, ana upon u1e
continued aud unbrOken practice OF SO years, want 10
know as inquired yesterday when IL appears that TINS
be filed during the Of the Senate by the appoint
Of head to othaDpartment without the consent
yesterday what repeat now, In passing that the va
eancy was not filled without the consent SSne Cr tne
current OF decisions upon which the gentleman
relied 10 sustain this assumption of power on the pai
the accused President Irepea Senators the act OF l7s
excludes the conclusions which the gentiemn attempted
President Why II the law triced the appointment 10
the chiefeleTk-coud he override that law COud ne
give the papers of that department TO any human being
but the chief clerk appOnedby by him. but by the head
of the department. There stands the law, ana IN he
sight of that law the defense made by the President
say more that point reminding the senate that
the act Of 1883, establishing tie War Department. con
talns the provision giving him now no power TO III
the vacancy by appointment during the session OF the
pass now to the act 1895 The act OF 1922 is obso
ete 1t has aud substantially the same as tho
OF 1898 and what have to say therefore, on the act
Of 1895 applies as well TO the act OF 1872. ,.,
He conuued There stood the act OF l7gs, unrepeaed
up to this time, admit, expressly authorizing the Pres
Control Of the Department after it was the
Chief Clerk OF the Department This act expressly re
HAT n shall be lawful for the President OF the United
States he shall deem Unnecessary TO authorize any
of the said respective officers until successor snail De
appointed. 1t was grant of power too No grant OF
power could be plainly given. what is the neces
sty Of this grant If the defense made by the President
charged ia hs answer and read 6y me .nst
es ~ that fbis constitfiopa power was restricted 20
cancyi That Is the language OF the statute. Am 10
argue Senators that tins term "any vacancy" ex
cdes the conclusion that the President could upon his
own motion multiply vacancies al uGntt,rD creating
another at the end OF six months and making a new
Of decisions to support amy such a endr To- @a he efe 3
1863 which airms the absolute control OF the lekshyo
Sontment save and except the express provisions Of the
Constitution which Congress cannot take away that he
the recess Of the Senate by limited commissions, TO
pire at the end OF the next session
IMr. Bingham read the act Of 1863
Senators what read that statute without being
dPGeu S 70 my me ot thew had airned m 1853 and tho
power they had affirmed in 1875, 10 cOhtfOi ahu regulate
by law this asserted unlimited power Of the Executive
over appointments or removals, etherf why, look at
the statute Is he permitted to choose at large from the
ce Not All He is restricted by the very terms Of the
statute 20 heads OF departments OF 10 such INFERIOR
officers OF the several departments as are by law suect
10 his own appointment and by that act he can appoint
no other being and yet gentlemen stand mere ana
say the Of 1889 and that Of ly5 are not repeated When
thew read the authority themselves TO show that when
the statutes altogether rreconcabe the last must
control For the purpose OF my argument IL
GoitiO IS not needfui that should insist upon the
repeal Of the act OF l19o, any @ l9Ienet uiai ,b ~
relates TO the vacancies which arise rom tho
causes enumerated in the act OF l1s3 III s rGaSseroh
Of the power OF the legislature TO control 's Whole 9cs
tion, and that is the unbroKen current oi d9Ss0s o
the first Congress TO tins day that he fIesdent can @
exercise no conuol htt 20 The eTptess renuirs
ments OF law This brings me- then Senators TO the act
9pon This question as to limitations imposed by law upon
the President OF the United States touching TINS mater
ments and Of all other officers whose appointment y u-
der the Constitution and laws by and with the advice
and consent of the Senate my chief object IN referring
again this morning 10 the act OF 1851 is 10 SNOW
TO the Senate what am sure must have ocurred
10 them already and rather TO perfect my own argument
than to suggest any points 70 them that by every
rule of Interpretation by every letter and word read IN
tbe uroRress this argument behalf OF the President,
by his counsel the act Of 1861 by necessary mpeatoh
beyond the ,s shad0G eoap be P8 of the United
States subject 70 the requirement OF ths a"' ana 10 all
that class OF officials.
NJ bingham mreadt act Of 1861
What becomes OF this grant OF power in the act OF l
To Inc President 70 reOvei What becomes OF this grant
OF power in the act OF 1885, to make temporary appoint
Mr Bingham length supporting his argument on the Con
uon Of 1905 that the meaning Of TIE clause in e
s y ns .IS he ox s we're .ppod was that
they should hold their Offices during he term o Whl st o'os Hss
or four successive terms Law would operate in giving the oaees to
Secretaries until the expiration Of the service OF the President on
read the law literally as 1t s The Secretaries are
10 hold their offices during the entire term, II 1t should be
eight years or twelve years or sixteen years OF tne
President by whom they were appointed" That IS
There q no person who has term, but the President
elected by the people There is no person, therefore
nrnysiol OF Tie TenureofOfice act but such Presi-
dent II Mr. Lincoln had hyed, nc could hot nave
ayaied himself Of the acts Of 1882 or Of i795 to remove
single head OF department appointed by himself ut any
time during the term do not care how often ms Term
was renewed 1t was s the term and answered to tho
safnte and was still the President by whom those Off
GERS were appointed When MS term expeu "hethoL ~
was his first second third, fourth term the proyls9
the offices became vacant month after tine expire
ton of that term but that does expire until
the end Of the time which the President was elected
What else there about this matteri Counsel ior he
defense argued and have put In the answer OF o
President that the Tenure-OfOfce act II unconsutu-
tona and void They talked for hours IN order 10 con-
vince the Senate that be guilty OF CRIME for
the violation Of an unconstitutional act because u was
no law that violated But why all this enort 10
prove the TenureOfOe act unconstitutional II, after
all il aid not embrace Mr. Stanton; IT, after ALL there Is
no violation of this provision; ~ ger ALL 10 no crime
after all tho OF 1859 and OF l796 remained fun force
Senators have patience TO pursue argument OF
tnat sort Tine position assumed Is utterly lexcusabe
aud utterly ndeenbe. ask Senators TO cOnslder also