The Fremont weekly journal. [volume] (Fremont, Sandusky County, Ohio) 1867-1877, 1868-02-28
SPEECH GF
SPEECH OF
HON. JOHN 4. BINGHAn,
On the Resolution of
Impeachment.
Deferred N the House of RepreseRtc-
tees Of Congress on tie 24M OF
Fe6ruarH.

Deferred ie the House of Representa-
tees Of Congress on tie 24M Q
February.
1 stand here, to-day filed will
a conviction as strong as knowledge. tha
the President of the United States has dc
liberately, defantly, and criminally violat
ed the Constitution, his oath of office, ant
the laws Of the country. l propose, sir, t.
make clear, in the short time which | shal
occupy, the proposition which have Just ut
tered and in attempting 10 do it l desire t.
sly that it is a moment of pain and sorrow
with me to be compelled, as a Representa-
tive of the people, (for l am compelled to dt
| it, TO make the utteraace that the Presiden
of the United States has set this bad example
to all the people of this country of tramplips
the Constitution and the laws defiantly un
der foot.
The offices of the United States are thC
gift of the people. They are held subject tC
the Constitution of the United States and t.
the statutes passed in pursuance of it. Tn,
| President of the United States holds hi.
own Office by that tenure, as well as every
other official known 10 the Constitution and
the laws. lie himself must have regard t
what is written in the Constitution. Wher
he comes to inquire about the right of any
| person to hold and exercise an Office he mus
have regard, one would suppose, to the plair
| letter of the Constitution, which declares
touching the very class of officers involved
| in this discussion, that the President "sbal
have power to fill up ali vacancies that may
happen during the recess of the Senate, by
granting commissions which shall exnire al
| the end of their next session. Does moi
this provision, by necessary implication. de-
clare that the President shall only have
power TO fill vacancies by limited commits
sion which may happen during the recess Of
the Senate. Can he appoint and commission
to fill vacancy which may happen when
the Senate is in session? Is it not clear that
such vacancies can only be filled with the
advice of the Senate and consent Of the SEN
atel Are not these the words in the Con-
stitution: The President shall have power
by and with the advice and consent of the
Senate, 10 appoint all officers of the United
States, which shlll be established by law, -
and whose appointment is not by the Con-
stitution otherwise provided for? There is
no provision for the appointment of Secre-
tary of War in any other way than with the
consent of the Senate, to fill a vacancy aris-
ing during its session.
Who is there TO say that the President of
the United States, touching an office of the
charac' er now in question, can by his own
act create a vacancy by removal when the
Senate is in session, and fill the vacancy
thus created by Himself in presence of the
Senate and without Its consent, " hen the
Constitution, as have Just said, declares that
the Office shall be filed only by and with
the advice and consent of the Senate.
al
Brooks), has endeavored to read statutes on
the subject. The statutes throw no light up
on the point which | now make, to-wit: the
power Of the President 10 create by his own
act vacancy in ali office of this character
and fill it dd interim, by appointment OF his
own while the Senate il in session. Did
the gentleman read line recognizing any
such power as that, OF comforting any such
power as that on the Executive, in the act
of 1882 Did he read a line conferriDg any
such power in the act of 1872? Did he read
lire comforting any such power in the act
of 1895? Did he read line comforting any
such power in The act of 1868? Not at all.
The provisions of the statutes which he read
were wise provisions to make temporary ap-
pointmcnts by which the offices could be
filed during the temporary irclpacity Of
the person appointed under the Consti-
tuition.
In case of abserce he might make tempo
rary appointment La case Of Sickness he
might make temporary appointment but by
the act of 17S9, the appointment was limited
to the chief clerk of the War Depart ment
But the question involved here i, can he
create vacancy while the Senate is in ses-
sion, fill the vacancy thus created without
the consent of the Senate, and thereby re-
peal the Constitution? 1t needs no argu-
ment, Sir to show the force and effect of the
position assumed by the President and by
his volunteer advocate this day to be this:
that he may repeal the Constitution of the
country, aud fill all the executive Offices
known 10 TIE laws without the advice or
consent of the Senate during every hour
that remains to him of the term of the pres
idential office.
The House doubtless anticipated the meth
cd by which have arrived at this concius-
ion. He creates vacancy, the Senate be-
ing in session. He creates a vacancy and
makes the appointment ad interim of Cen
ersl Lorenzo Thomas, having appointed
General Lorenzo Thomas in the presence of
the Senate, and without consulting the Sem
ate, t. fill the vacancy created by himself.
Sir, how does the gentleman arrive at the
conclusion he may not tomorrow, in order TO
have the satisfaction of rngking another ap-
poiulment dd interim, remove Lorenzo
Thomas, and repeat the operation every al
ternate day of the week until the end of his
official term, taking no notice of the re-
quirement of the Constitution that these
Offices shall be filed when the Senate is in
session, only "by and with the consent OF
the Senate?" If President johnson may
assume and exercise this power over all the
executive offices Of the country may not his
successors in all future time follow the bad
example, ard thus fill all the offices wi h.
out the consent Of The Senate2
Your statute makes il a crime, high mis-
demeanor, for the President of the United
States to arroga.e 10 himself such power as
this to vacate offices, the terms OF which
were not specially limited by law, and fill
the vacancies at his own pleasure while the
Senate is in session, and without their ad-
vice or consent. That act mskes this offense
punishable by impii sonment in the peniten-
tiary and by forfeiture or fine. The gentle
man says the Secretary Of War is not within
the operation of the law. Well, sir so far
as the President is concerned, it seems to
me to lie a closed question that the Secre-
tary of War is within the act of 1861, as the
President of the United States has solemnly
so proclaimed the fact 10 be. He did 50 pro-
claim when he suspended the Secretary of
Wa in August, 1867, from his office and
appointed the General of the Army, Secre-
tary of War dd interim He declared him
suspended. There is no law which author
ICES the President of the United States to
suspend the Secretary of War or any head
of Department and appoint temporary sue
,,,,tfi fka IF ho
the act of 1867. The President recognizes
thai act as embracing the Secretary OF War,
and as conferring upon him the power of
suspension for good and sufficient cause to
him appearing.
But, sir, that We might not be in doubt as
TO his full recognition of the operation and
effect cf this statute, he returned to the SEN
ate within the time limited by the very let
ter of that law, in December last, the rea-
sons which operated upon his mind in the
of the Secretary of war, and re-
ferred the question to the Senate under the
act of 1861 TO determine whether the Sacre-
tary of War was suspended for good and suf- |
ficient cause, or whether the reasons assigned |
were insufficient. The President thereby |
submitted, under the act of 1867, to the iudg- |
ment of the Senate whether the S cretary |
of War should be suspended or T, taine1 in |
the office of tho Department of War. The
Senate decided the question, and by its judg-
ment the President and every other person
is concluded. 1t is his duty to respect the
judgment of the Senate and abide by it.
So much, then, for The President He |
has solemnly decided the question against |
his advocate under the obligation of his oath. |
Let him be concluded by the decision of the |
Senata, decision which he invoked, as was |
his duty.
And / beg gentlemen, when they talk
about upholdiug the Constitution, to remem-
Der upon question of this kind, it is true
as the gentleman from New York TMr. |