New-York tribune., 1868-05-06


did not belong to them when 10 response 20 tne M Mes
sage President of the 2lst of February lsoS ~ re-
solved that the act done by the President az ana head f
Gated to the Senate, TO wt-the remoVal OF tne noa Va
the Department OF War and the appointment Oh W. ~,
thereunto, without the advice and eynsens " la @
1t was the duty of the Senate il it had any opinions on
the subject express them and II Is not ioE tne Sn
dent OF the United States either in his own person VI III
the person OF his counsel to challenge the Senate s uS
gnaliied to sat IN Judgment under e lie senate
discharged but her duty and pronounced agalns, the
The Senate pronounced Alright The people VI hat ,ne
ever the Senate itself may think about It, senators
all that 1 have said In this general way az
ag s 20 Se fs1s here over this Whole question
between the people and this guilty President no ln can
In Office In that he issued order in writing for the re-
mova of the Secretary OF War during the session OF ne
OF the express law and with intent 10 violate the law
Second lie stands charged With having during the ses
violation of the express letter OF the Constitution and Of
the act OF March 1857 issued letter OF authority 70
one Lorenzo Thomas, authorizing him and commanding
the Department Of War Third BE stands charged Win
an unlawful conspiracy to hinder the Secretary OF War
from holding his Office IN violation OF the law in VIOLA
tiOn OF the Constitution, and in violation OK ms
prevent the execution Of the Office act In direct
Violation of his OATH well as IN direct violation OF tne
provisions OF the statutes aud to prevent also
the Secretary Of War from holding olce ana WIN lur
ther conspiracy by force, threat or intimidation 10 pos
control the same contrary the of July 90 1851 lie
stands charged further with an unlawful attempt 70 la-
uenee Major6en. Emory To disregard the
of the Army Appropriation act OF Marcn . 1901, auu
which expressly provides that violation OIL its provstTs %
shall be high msdemeanor IN office He stands Iurther
charged with high misdemeanor in this that on the loth
OF August ls by public speech &c ne seedb n9 o tbe ~ avs
which 1t enacted He stands further charged with heh
mlsdemeanor that he did affirm that the AXAlAtn
Congress was Congress OF the United States thereby
denying and intending to deny the validity OF the Constr
tuition except in far he saw fit 10 approve H. deny
ing It's power propose amendment to the Consutu
ton OF the United States deyisng and e0nryng means
by which to prevent the Secretary OF War as required py
tie OF the 2d OF March 1861 from resunng forhwtn
the functions OF his Office and suspendng him after
the refusal OF the Senate to concur in hs ne
OF te act making appropriations for the tupp0rt OF the
army passed March o 1857 and also TO prevent the exc
cution OF the provide for the more efficient govern
mcn OF the Rebel States. That these several acts SO
charged Senators are inpeaehable has been shewn 10
above the Constitution and above the laws 10 ehange inc
servant Of the people INTO Their master the executor u
their laws into the yolator Of their laws Ie CSnssta
has otherwise provided and so II has been otherwise
interpreted by OF the first writers on the law GRAD
In sidoa precautions that have been mentioned e pr,,eEt
aliases Of the Constitution has also rendered him
aaeBAbe directly BY IAN for mAladmnisfaion laf
That is a, test from Kent Which the gentlemen were
careful not to read The y9ahy Of any oeer Dt tGs %
Chancellor Kent as well "a with the principles OF
President and all civil officers OF the United states may
be npeached by the House of Representatives Tor ea-
bv The senate removed from Office "If them" con-
nues Chancellor Kent neiter the sense OF duty or force
re sufficient 10 secure faithful discharge of the execu
tive trust, but the President Will use his authority 70
violate the Constitution and the law q the land te
resorng 70 the power Of lmpeae hment. what answer
Is made bring the President here when we show
him guilty Of NEUTRALITY-SUSPICIOUS. as no man ever was be
fore IN the country, when We snow that ne
he has eed the power Of the Senate even after
monished him OF the dangers impending over hnl Ihe
tive 10 decide all those questions for hnnse and to
pond your power OF inpeaehnent m the courts OF jus
ee until future day. when t may suit his conYen
ence TO trust the validity of your law aud through the
nprightness Of his own conduct. There never was
poaer ~ y m nsIs 70 The human TO
prove any such defense IN tho presence Of bis iers
the matter charged against the President Is peaehable
] words upon the frivolous question: whether
the articles had the technical requisites of an men
there s law anywhere at all that requires ~ an
There enough in the past precedents OF tho Senate Oh
the United States sitting as high Court OF lmpeac!-
ment. that condemns any such suggestion read,
however Tor perfection OF the Argument s & ,, sa,of e
Rawle ON the Constitution who declares tnat articles
o. h s .St nj W "nite snIcenf for the
charges be distinct and inegDlc They are distinct
nv the smallest children In the land who are able read
their mother tongue and who know that the President
stands charged with usurpation OF power with violation
of his oath with violation Of the laws that lie sta"ds
charged with the attempt to subyert the Constitution and
overnnent which vested In the Legislative aud Judi
cary well the Executive Departments Touching
the proof Senator's little need be said the charges are
admitted, substantially. BY the answer although the
guilty intent is formally denied by the answer and at
tempted TO be denied in the argument The accused
submits TO the judgment Of the Senate that admitting
the charges TO be true admitting to De established new
erheess DC held 10 before the Senate
for nigh crimes and msdeme anors because Is MS pre-
rogatve TO construe the Constitution Tor hnse ana 70
determine the validity OF your laws Tor himself ana 10
suspend the power OF impeachment until IL suits MS con-
Tbat IL te Whole case It is ali there is TO it. Of il or
about IT, after all that has been said here by his counsel
e conld only be convicted OF such high crimes and mis-
dcineauors kindred with treason AMI bribery
referred To that suggestion yesterday, aud asked the
Senate 20 consider that the crimes whereof he stands
charged which are proved against hin ana Whsn @ no
danger the public liberty aud cannot he Tolerated fora
day an hour by the American people w proceed
Seuator sherman nieoed and suggested areesS Mr bnshan
Se pleasure Of the srsye now he EOa proceed with
h argument another halt hour Tie molten ioE The recess was not
Mr. BINGHAM proceeded: The first question: sena-
tors that arises under the first article Is whether Sr
stanton was the Secretary OF War; That he was duly APP
pointed by and with the advice and consent OF the SEN
ate conceded About that theSe Is no ~, question % al
removed by authority OF the act OF lss or Dy authority
OF some other existing act IN full force "t tue e OF ms
without the advice and consent oil the senate liza. t
the position take In be reisreate sdate hs1 se
Is rot single word III the reeOr1s VI 'ho
past history of the country to contradct H. Inc @ az. M v
re whether that act authorized the removal IN 1861
Gentlemen seem to think at I.e r. ot at weTa o
would surrender the question; bnt ueny IL me tenure
81 icc denends upo the provisions OF the Constitution
and mon existing laws There is vested power in the
President OF the United States over that subject. ne
that oInt power with the Senate TO which have referred
in the Constitution and the power expressly conferred p
OF Congress. Clearly the power which conferred
n may take 10 away The iTenure.oOmce act changed
the law OF 1852 Gentlemen haye made elaborate agmens
ae of Isg and that part Of the argument was very sig
nican as eonfesng that t was cOnpetent for te Con-
of the United States 10 put an end TO all ths tak
about the tenure OF Office depending in any sense on the
Language of the Commission IT depends exclusively
mnon te provisions OF existing law The act OF 1851 re-
pealed both the acts of 1889 and 1898 II to the