New-York tribune., 1868-05-05
that utteranee that the highe'

made that utteranee, that the highest
EoT o me- writer of law law in II the EnS tongue in any country
has truly recorded In his great commentaries on the laws
SH&t me distinction 6etwee9 9" and that the same rule
applies to TO the other refer TO fltst kehts
should not he 40 and doubt very much whether it is
within the compass OF the mind OF any senator TO see
NJ BSGiAa went o. arne .t ,he limitation Of SIX months
within Which an once mast at % 5 a nomination asd al the end Of I
months make another nomination. and on to the end bis
But il has been further stated here by the counsel for
the defense by way OF % sG EnS%GT suppose
clear violation of the express power conferred IN the
Constitutions as for example: A law declaring that the
or law declaring that he shall not exercise the par
doning power in. any ease whatever Is not
vene to protect the COnsttgtiOni | say no; the
The people OF the United States the guardians Of their
own Constitutions and If there be one thing in that Con
ttntion more clearly written and definitely established
than another Il the express and clear provision that
Legislative Departments Ot the Government are RESPONSE
bic TO no power earth for the exercise OF legislative
authority and the discharge Of its duty to the
people 1t a doctrine altogether that the Constr
When day comes Senator's that the Constitution OF
this country essential to your national existence and
people rests exclusively the fidelity aud patriotism
and integrity OF Andrew Johnson. may God save the
Constitution and save inc Republic! ll@uglter.l N9'
SIR there is no such power vested in the Presl-
dent of the United States. 1t is only coming
back to the old proposition But, say the gentlemen Ger
tany 1t would lie unconstitutional for Congress SO 10
legislate Agreed admit that IL would be not only nh-
constitutional but that it would be criminal But The
question is before what tribunal is the Congress TO
answer Only before the tribunal of the people Admit
that Congress passed such law corrupty and yet every
at all cOnversant with the Constitution OF the cou-
try knows well that il is written In that instrument that
the members of Congress shall not be held TO answer III
any place, before any body Whatever, for
their official acts in Congress assembled, save
before their constituents. That is the end of it,
They answer to the people, and the people alone
apply the remedy You cannot answer in the courts
and OF course when majority votes that way IN each
House you cannot expect very well To eXpel Them
Their only responsibility is to the people The people
alone have the right challenge them That precisely
what tho peoplo have written in the Constitution, and
every man IN the country understands that PROPOSE
ton. might make another remark which shows the
uter aScy of any such proposition that cOntcnded
for 10y the counsel for the President and that s that If
congress we've so lost to all sense of justice and
duty as 10 TAKE away the pardoning power from the
Iresldent' III would have IL in its power to take
away all fSht It appeal To the courts of the United
states on tat question: that there would be end Of
IL, ana ihle WOuu be remedy but with the people
except hdeeu the Irsi0nt is to take up and set
aside the laws OF Colsress Having disposed of this
proposliloii the next iqury be considered by the
senate, ana To Whch dere direct your attention
that of the power of the President under the Cousu
ton, O remove the heads of departments and TO mn tbe
vacancies created during he sssson of mo senate
OF the United States without its consent and AGAINST tbe
| express authority OF law.
stage his argument Mr. Bingham v,i4 q, ,,o,o u,
sloan so o'clock and the
ward adjourned till tomorrow az Il O'clock