Evening star. [volume] (Washington, D.C.) 1854-1972, 1868-05-04
FORTIETH CONGRESS,
This Afternoons Proceedings.
Impeachment,
MANAGER BINGHAM's ARGUMENT.
MONDAY, Nav 4, 1868

n
alive and in the name of the people, and he be.
sought Senators to hear him for his cause But
yesterday the supremacy of the Constitution
ana the laws was challenged by armed rebel
lion; to-day il is challenged and Threatened by
executive usuTpations. For iour years armed
rebellion lifted its head; but than ks be to God,
on the Sth day OF April, 1866, the hosts of rebel
hon surrendered to our victorious legIons On
tnat day the word went out not only to our
own land, but to the stricken nationalities
everywhere, that the Republic was saved
through the valor and sacrifices of It's Defend
ers On the 14th day of April, while the reioic-
ngs OF the people We're yet ringing in this
capitol, Abraham Lincoln fell by the hand of
The assassin, and Andrew Johnson, Vice Presi-
dent, took the oath to support the Constitution
OF the United States and great people bowiuC
amid their sorrow forgot the disgraceful part
andrew johnson had played in this tribune
OF the Senate, and accepted his oath as in earn
est OF what he would do IN the future The
people require that not only shall the Presi-
dent obey the laws himself, but he shall make
every one else do il until they are rrpented
under the Constitution. The Judgment of the
people is that no man is above or beneath the
law; the President is as much obliged to obey
the laws as the humbest citizen in the Land
This is understood from the Atlantic TO the Pa
cific shores by 3I,0OO,OOO of people holding in
tneir hands the greatest trust ever committed
10 any people. This is not only among the
traditions, but IL is in the written law. and was
one OF the causes which induced the firing of
the hrst gun. Is ii not stated IN that immortal
declaration that one of the reasons which IN
duced the result was the order issued by the
King TO his Governors TO stay the execution of
laws unnl they received his sanction. These
were the first OF the immortal words by our
fathers, words which, like those of Luther
were half battles Washington, the first of
Americans, SAID that the laws Were imperative
and must be binding on all until rhey were re.
pealed or altered by the people in their
representative capacity The Constitution
ana the laws passed in pursuance
thereof shall be the supreme law of the land
nything to the contrary Notwithstanding in
the constitution and laws of any State. With
an audaclty unparalleled has the attempt been
mace mere TO defend the violation of the trusts
committed by an outraged and BETRAYED peo-
pie. The gentleman who opened this case
claimed that the President may ludIciaIIy con-
strue the Constitution for himself and NAV
Judlclally determine whether your laws are
passed under the Constitution. and whether he
shall execute them. He (Mr. b. repeated this
that 1t might be burned into the hearts of the
Senators. The laws We're only TO be executed
If it pleased his Highness, Andrew Johnson
first king of the United States If The Presi
deht can DO this, as insisted upon by his advo-
cafes. he (Mr. b. insisted that the Consti
tutlon which We had been taught to re-
we're as the bulwarks of our liberties is a
constitution Of anarchy, Constitution
when invites violation of the law, not
obs dlence TO II, and he insisted further that If
Senators, by their judgement, should counte-
narce this plea, they would be the architects of
thelr country's ruin. They would give over
this land TO endless wars and anarchy No
matter what demagogues may say about il ont
OF this chamber, the issue is anarchy in this
world, and the recording angel Of history IS
ready to trace II. That is all of il; il is the head
and front OF Andrew Johnson's offending lhat
be has assumed TO himself the prerogaIive OF
interpreting the Constitution and deciding upon
the laws for himself In spite of all the law
yers' tricks, in spite of all the technicalities
this was il. With all respect to Senators and
TO the able counsel, after the weeks aud
weeks OF discussion on this case il tbar,
Is one man who does not understtud
this simple proposition, then God in hi,
INFINITE wisdom, has denied him rea on
Senators cannot divide the fearful respops bill
lty which rests upon them with any one man
they are answerable to God, their own con.
sciences, and the people for their acts Tn,
Constitution says the Senate of the United
States shall have the sole power to try all ar
ucles OF impeachment; and vet, in the face OF
all this. hours had been spent here in an al
tempt 10 convince the Senate that this power is
divided. The learned Attorney General and
his associates have argued at length on this
point and had witnessed the opening argument
of his colleague (BIr. Butler) that the Senate
was not sitting as a court. His colleague had
followed the plain language Of the Constitu-
uon, and he Mr.. B. did not propose to waste
ms own strength or try the patience of the
senate oy further arguing OF this point. He
would not follow the learned and accom-.
plished counsel for the accused, he would
not be snapper up Of unconsidered tri-
Hes, but would confine himself TO the dis
eussion Of great principles. He cared NOT
now much the learn ed counsel called this a
court, the Constitution called it the Senate He
would not follow the learned gentleman from
or the gentleman from New York (Mr Eyarts)
who had 10 hold his own sides al his own wit
ne would not attempt to follow the pyrotche-
mic evolutions Of the gentleman, his fireworks
his roman candles (laughterl. Ali of this could
not deter him from the plain issue, the usur-
pations OF Andrew johnson. 1t had been said
II at the way to make ones speech immortal
was to make it eternal [laughterl l. and the gem
tleman may have had this in his mind The
Senate is vested with the sole power to try this
case, ana the Supreme Court has no mere to
NJ. nj flor ha linda
the Court OF 1T. Petersburg, and so the people
OF the United States will hold. Yet, il has
been held here that the Supreme Court has
tne exclusive jurisdiction TO try the
causes arising out Of this case. He MIR RI
did not think he had stated the proposition too
broadly, for, although he had taken no notes of
not think his memory had failed him Accord
ing to this logic the Supreme Court would
come al last to decide upon the qualifications
OF the members af Congress Under il the ripht
OF his friend from Illinois (Mr TrumbulI9 to
ms seat ere might De inquired into by the Su.
preme Court, but the Judge Of that Court who
.houiG auempt to exercise any such jurisdic-
uon, should be ignominiously expelled from
his place. He held the Supreme Court in the |
greatest respect, and would infringe on none
ef It's prerogatiyes but its powers We're limited,
and beyond them 1t must not venture. Mr. B.
read from the Constitution the powers conferred |
upon the Supreme Court. The trial of i'm |
Reachment pea was not in any respect within
the judicial provision. No one would be /
Told enough to stand up here in the pres. |
ence Of the Senate Of the United States
and claim that the Supreme Court had |
the right to try cases Of impeachment. vet
the meaning Of what had been advanced here
and the position which had been assumed by
the accused meant that and nothing else or else
1t was like the tale of an idiot, full of sound |
and fury and signifying nothing. How can
Senators listen to such a monstrous PROPOSE
ton. He felt justified now in ouotIne the
words of John Marshall, that he felt justified |
in announcing that the Senate knew something.
The original jurisdiction of the Supreme Court
OF the United States, can neither be restricted or
enlarged by an, act of Congress, and the gentle.
men who talked so much OF this, must know
that according to all practice and precedent |
the appellate jurisdiction of the Supreme Court
was within power Of Congress. The original |
jurisdiction OF the Supreme Court is expressly
stated in the Constitution, and the appellafe
jurisdiction is provided for according TO law
and equity, render neither Of these iurisdic
lions does the accused come, and there is NOT a
loophole for the President, or those who
are defending him for him to escape from Sc
rene responsibility toward the people He did l
not hold that the will of the Executive was the
government Of the Cabinet officer. The GENTLE
man Mr. Evarts) had quoted the words of the
apostle concerning charity, and they were
very appropriate in view Of the circumstances
The Supreme Court had decided againsf tha
position assumed by the gentleman. and he
tMr. b. would quote from the case of MAJ 4
bury VS.. Madison to show that q Cabinet Off cer
was not bound 10 obey the orders Of the Prssi.
qent ana the position was established MAJ
10Th the President and his Seeretarias x~er~ 1
pnder the law and bound to obey them. The