The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1868-05-05
CONGRESSIONAL PROCEEDINGS.
THE IRPEA ACHMENT COURT
SENATE.

part In these proceedings from no nartfsau
I feelings but with a Weighty sense of their
/ sOiemnity aud true meaning. He pro-
+ ceeded to state the events attendant upon
/ the assassination of President Lincoln.
/ and the ascension OF A ndrew Johnson to
/ the Presidency, referring TO his oath TO
I execute the laws. He spoke OF their ma
+! jestic supremacy in our form of Govern
meut, and claimed that the President was
/ equally subject to their authority with
/ the humDlest frontier settler. He dWeIt
/ on the high trust committed TO the senate.
/ and asserted that the issues of life and
/ death To the Republic d 1ng uponthelr de-
/ cisIOn.
He asked how the charge Of violation of
/ the supreme law was met by the counsel,
who for hire defend the treason
/ of the criminal respondent? II was by the
outrageous assertion that each branch OF
/ the Government had the right to Judge the
/ COnst tutionahty OF the laws and obey
! hem or not az pIeasuret Inls was the
1 defense. Mr.. Bingham held that the sen
: ate, by uphOlding this proposition, would
I lay the foundation tor monarchy first and
1 anarchy Dext-a reign OF chaotic darkness
| on this issue, which, in spite OF lawyers
/ tricks and Special pleas was the question
I involved. Their decision must stand for
| trial by the people. He repeated the Ques-
ton, whether the Pre- stdent codld be held
/ 10 answer the violation OF law? he hela
/ first, the senate had sole power TO decide
! every GU asttOu of law or fact arising. They
were also the final arbttrators Of the FIRE.
/ quent attempts Of the counsel to bring the
/ senate and Courts IN opposition, were
/ miserable devices 10 divert al tauEiOrs He
would not initiate the eloquent eoansei
s5ar,,er an '-eI n, of trtaar' ayi9' ,yS5' had
I displayed more talent than law, more
/ rhetoric than logic, and more Intellectual
I pyrotech ltCs than either. He also refer
I red 20 the length of Mr Evarts's speech,
( by saying he tried 10 render it IMMORTAL
1 by IA .AInL II eternal Alr. Bingham held,
{ simply, tIat the senate was the supreme
/ aud hna- Judicial trlounai Of tile United
States, auo, as to the argument which had
/ been made at sucn intermlnable length,
{ that the supreme Court was the Court of
I l.
tiOnal questions, he held it had no more
10 do with the present question than the
ments OF this tribunal could not be effect
/ ed by decisions Of the supreme Court,
made before or after the impeachment
He argu ID that the or .gtnaI jurisdiction
of the Supreme Court did not extend 70
I'M peachments, and to refer Their refer
/ ences to It's decisfOss were frreyarant, and
their arguments on this point were With
Z out colorado excuse He tnen cor stdered
the propOs ton advanced by the counsel
that the heads Of departments were mere
Iy the regi term secretaries of the PIesi-
the decisions o. the supreme Court, ln the
] case quoted by Tr. Ev1rts. he claim I'd that
ID was therein plainly laid down that such
on eers were pounJ by lhe laWs aud no hy
the Presidents VIII. He also claimed tina
( the other position assumed by all of the
: IIdgnerf on the validity Of laws. was
oversprgWn by the decisions OF the same
tr.ouaat thirty years ago. which decisions
Z Droeeeied to read extracts from them.
He further asserted that the ex- Attorney
tempting TO force into this trial as an au-
thority the declsi on OF the present presld-
ing officer in the Mississippi case, and
argued that II had no relevancy WnateveT
To- tie question IN dispute. He claimed
then thai i was proved that Ee could not
allow tie President discretion as 10 which
I law he would obey by Interp0Iatiug words
. into The Constitution He referred to the
/ act of Washington. in supprsssIng the
III
I in crushing out nuIIncatIOn, as Insta ce5
f1 yrhfell o5noxfous laws were executed
I 10y Presidents who entertained grave
doubts as 10 their rconstftutiona!ity. He also
( spoke of the acquiescence Of the American
people in the Constitutional and ineq4i-
( tfon and n this connection dwelt at
/ length on the subject OF slavery with its
various characterlstlcs he -pOke OF the
/ counseI's reference to President Lincoln.
I that he had violated the laws Of his conn
try aud furnished MANY precedents Tor
( President j OhnsOn 5 crimes, as DO cOIum-
( mating ISLANDERS on his memoir. 1he
Suspension OF the hObeGs corpus was not
maae by him, but by the el vii war, 'llch
Z rendered It necessary. Il regard 70 lhe
passage Of the indemnity act, ne said the
was TO furnish authorfty 70 the courts to
dismiss cases brought against the Frssl-
pursuance OF the Constitution. II thelr
acts had been unWarranted, Indemnity
laws ould have been Of 20 avail
On re-assemb, ing, Bingham resumed.
and referred to the argument OF Evarts,
based on the successful resistance 10 the
brokers OF New York, as an Insult TO the
Z Senate. aud said one capable OF making II
was not it 70 argue grave constitutional
/ questions. He then discussed tue cOastl-
, tuti0naI provisions relating to the passage
I of bills over a veto, maintaining that
every one who has learned TO read can
D ainiy settle the question whether or not
{ Ihe President broke a law. Referring 70 q
I cit tiou by Mr. Nelson, ne co4ie ded j
I nad no bearing on the case. ano besides
! It's authority was not Authoritative In
regard 70 the Constitution when ue dId
not Up 70 frame-reading the list OF pow
LutI0n he called attention 10 sie Iacl tnal
no power Of suspsnolug Jaws uhtl
their validity is ties ed II any W. ere
given aim. and held that sOch claim oi
Z both legislative and executive functions
4 was ia COutraventiOl o. tEe express terms
''Of the lu~trun1 eut. He 1uststeo this claim
= involved a.s0 an assGnp lon o. gIdlcla
powers, and characterized the entire prop
y. ositlon as too absurd 70 oe suonllled g
I children By he exercise Of this assuFl cd
= power the President could suspend legs
IatiOu Of KINGS; he could prevent q
e ] creation Of judicial districts, the erection
Z of STATES and the election Of representa-
tIves the enactment Of the revenue laws
work OF our constitutional Government
Whe. her he shall be allowed to do MS 4
the question now TO be determined For
"A righteous decision the prayers o. mlIlIon a
y nov -seenQ. - to what crimes can b
+ considered I;npeaehaDie. ne SAID tLat a.
Oheuses under the comm law q - ID
Gictab.e Iu the District ST CO-nmbia, anl
p the same class are aisO impeachabIe-
q this proposition were not selt-evideaI "a
need not argue il. for, as 20 the ohsu>e
T. I specified IN the articles, be held thai n
.e one would deny that the gen violation Q
= Jaw bv the President was an tmpeaca30 0l
n crime. who was not destitute Of duty II
said the defense of tae Pr-sIle-t- as *
n hlbited in his ans wer, rests on the as sif1 Z
ton that he possesses the right 20 fesis
and bring to judicial decision a-S ia'
D which he supposes 70 iTe4en on llts - -. -
tutionaI prefogatlves. rms tssaLlp ~ y
could be made the pretended excuse ~