The New York herald., 1868-05-05

f0re IL shall not Dc put INTO eXecutiOu" SenotObs,
and use the words OF his advocate-upon the Ten
ure Of Onice act OF 1867 he has like power
to sit In Judgment judIcialy upon every other
act OF Congress. l would Ike to know In
the event Of the President Of the United states inter-
whereby for the first time If you please, in your his
tory, or for the second time, II you please, by some
stins judges have perished from the eartf-I would
IKE TO know what becomes or this wicked and bold
pretence unit to be played upon children that the
president only violates the law innocently to have
the question decided In the court, and he has the
power TO prevent any court sitting upon it. Repre-
sentatlves TO the Congress OF the United states can
not be chosen without legislation; FIRST the legislation
OF Congress apportioning representation among the
representative populations; second the enactment,
ether OF Congress or Of the Legislatures Of the
holding the elections is possibly that the President
OF te united States In the event Of such legislation
the constitution and essential to the very existence
OF the government, IL permitted in the exercise OF
MS judicial executive authority to sit down in ldg-
ment upon your constitution and say that it shall not
be executed. Whyf This power given by the con-
soa ana 70 e o to prescribe the time
representatives 10 Congress In the several states
was, in the words OF the famers of the constitution,
to enable the people, through the national legisa-
ture perpeuae the legislative department OF this
government; and we are to be told here, and we
to deliberate upon 1t from day to day and from week
to week. that the President Is, by virtue Of his
ecutve office and his executive prerogatve clothed
with the authority TO determine the validity OF your
law to suspend and dispense with Its execution at
his pleasure. Again, n President or the United
States to execute the laws OF the people, enacted by
their representatives in Congress assembled, cannot
be chosen without legislation. Are we TO be tod
that the President, at every step, Is vested win
authority to dispense with the execution OF the laws
and to suspend their operation until he can have
decision, you please, in the courts of justice9 "
the President may set aside all laws ana suspend
their action at Pleasure 1t results that he may annni
the constitution and annihilate the government.
not go outside Of the Presidents answer to estab
lish 1t. The constitution ITSELF according 10
this assumption is at his mercy well the laws
amt the people OF the United States to stand by
and to be Knocked and derided in theiT own Capitol
when in accordance with the express provisions OF
their constitution, they bring him to TIE bar of the
Senate To answer for his great crime, tran which
none greater ever committed since that day when
the first crime was committed on this planet as IL
sprang from the hand OF Its Creator-that crime
which covered one mans brow with the palcness
OF death, ana covered the brow OF another man
with the danning blotch Of fratrcide. The people
OF the United States are not 10 be answered at TINS
bar that 1t is In vain that they have put into the
such maefactor and try him; the express words OF
their constitution nave given 10 thc senate tne
him for his high crimes and misdemeanors. The
question touches the nations life but know, Sena-
tors that your matchess constitutional government
the hope OF the struggling friends OF liberty in all
lands, and for the perpeuty ana triumph OF
which millions OF hands are lifted this day III prayer
to the God OF natlons-can no more eNst wilhout
laws duly enacted by the law making power than can
the people Of the United States themselves exist
without air or without the light of Heaven which
shines above us, led with the light ard breath OF
the Almighty. constitution and laws which are not
and cannot he enforced dead. Tile vital princi-
pie Of your constitution and laws Is that they shall be
the supreme law OF the land; supreme IN every State,
supreme In every Territory, supreme III every road,
supreme on every deck covered with your flag in
every of the globe and yet we are debating
here to-day whether u man whose breath is In his
nosrils, mere servant OF the people, may not sus-
pend the execution both OF the constitution ana OF
The laws at his pleasure and defy te power OF tnc
of Congress law and are to be executed until re-
pealed or reversed In the mode prescribed by the
~ mi fnf
within their Jurisdiction and under the limitations or
the constitution, 1t results that the violation OF such
acts by the President OF the United States and his re-
fusai to execute them are high crime and misde-
meanOr under the terms OF the cohstitution Ior
e he ho rnitv he on@ to he convicted ana removed
from the office he has dishonorcd. It is not necdlui
to inquire whether only crimes and misdemcanors ,
specaly made such by the constitution OF the Unlteu
States arc impeachabe, because by the laws OF the
United States all crimes and misdemeanors at com
mon law committed within the District OF Columbia,
are made indctabe. I believe 1t Is conceded on
| every hand that IA crime or misdemeanor made IN
dictable by the laws Of the United States when com
mitied by an officer OF the United States IN his onice
| after violation OF his sworn duty Is hgh criine
| and misdemeanor within the meaning OF the
constitution Al all events II that be accepted as
true and sellevident proposition by thc senate,
would be in vain that should argue lurtner, Ior !
death persuade Senate 80 lost TO every sense on
duty and to the voice OF reason ITSELF 20 come 10 te
conclusion that after all 1t Is not high crime ana
| misdcmeanor under the constitution for the Presi-
dent OF the United States dcibei atcy and pnrposcy
ter of the constitution that he should take that
the laws should be faithfully executed to set aside
the laws and to declare deianty that he VIII not e%
ecue them.
Mr. Bingham in this connection, referred to the act OF
1901, extending the common law of Maryland 70 tle
District of Columbia, and argued from IL and from
the opinion of the court In the Kendall case that the
Presidents acts were indictablc In the District, ana
that beng able they must therefore be impeac-
| able Mr. Bingham then continned:--f do not pro-
pose Senator's To waste words in noticing what but
FOR the respect and fear to the learned counsel from
Massachusetts Air. Curis) would call the mere law
yers quDblc OF the defence, that even the President
he guilty of the crimes laid to his charge In the ar
ces nresenied by the House of Representatives. stil
they are not high crimes and misdcmeanors within
| the meaning Of the constitution because Nley are
| not Kindred to the great crimes OF treason and
| bribery. II il enough, senators, for me to remind
you Of what have already SAID, that they are crimes
stability OF our institutions; that they arc crimes
which, II tolerated by this, the highest tribunal Of
| the land. would vest the President by It's solemn
| Judgment with power under the constitution h.
suspend, Ut his pleasure all laws upon your statute
| books and thereby to annihiiate yodr Government.
| They have heretofore been held crimes In history,
! and crimes OF such magnitude that they have
cost their perpetrators their iivesnot merely their
Offices. but their lives. or that NAV have more 10
say hereafter but | return 10 my proposition The
defence OF The President IL not whether indlctabe
crimes or Oenccs arc aid 10 his charge. but II iess
upon the broad proposition, already stated, that
impeachment does not lay against him for any viola
asserted constitutional right judcialy 10 interpret
every provision or the constitution FOR himself and
also 10 interpret for himself the validity Of every
law and 10 exclude or disregard, at his eiec-
lion any provision either OF the coDstitui-
ton or Of tie law, and especially II he
declares AZ he fact after the fact that his only
purpose IN violating the the other u TO have
true construction OF the constitution In The
and judicial determination OF the validity OF the
other In the courts OF the United States. do not
State this, as the position of the President too
strongly, although pray Senators TO notice-for
would account M self dshonored man If, purposeh,
mere or elsewhere. should misrepreselt the position
assumed by the President-that the counsel for the
defence, .Mr. Curiis, in his opening, attempts To
alnsay the statement as have Just made IL that t.
defence OF the President rests upon the assumption
as stated In his answer. Mr.. Curtis n his opening
address says:-'But when, Senators, question arises
whether a particular law has cut or a power con
dded TO him by the people through the constitution
ana he alone raise that question aud he alone
CAilsc a In liainl decision TO heiMppn the