New-York tribune., 1868-05-06

PRESIDENT SELf-CONNA
=, .r.r1eRAya TO rHs TRIBUNE -. ,,.,.- ,oso
40 o,clock to-day the Senate galleries
cro,,,led and the spectators attentively us
td IN the last speech in the trial OF the PRESIDENT
Immediately after the Senate was called 10 Order'
nd beFore il was organized as Court, Senator Cam
aron moved that the Medical Association, 2OOin num-
her and msinly from Pennsylvania, be admitted TO
the galleries without tickets. A disposition was
shown at first to adopt the motion, but Senator
Drake objected and it was voted down. The Ser
Arms then made the proclamation Of silence,
and shortly afterward announced the Managers and
the house of Representatives. OF the Managers,
Messrs Butler Wilson, and Williams appeared Mr.
Fowler fTenn took possession of Mr.. Stevenss easy
chair at the Managers table, and Senator Cenkling
sat at the table of the Presidents counsel in the
seat which Mr. Stanbery used to occupy. Mr.. Groes-
heck and Mr. Nelson were the only representatives
Of the President in the Chamber at the opening but
Mr. Eyarts entered at about 12 o'clock, and remained
until the adjournment.
Mr. Bingham resumed his argument at l9:l3 first
taking up the point which he was considering yes
tsrday evening when the Court adjourned, namely
the assumption of power by the President, which he
held was dangerous to the liberties of the people and
in conflict with the Constitution He argued that if
the President had not that power he eonfessedy
pilfy for the act was criminal if done willfuy, de
Hberately, defantIy. He then took up the question
Of intent on which the opposing counsel and espe-
eisny Mr.. Egarts, had dwelt so elabOrately, and
which was the burden of nearly all the arguments
that had been made for the President. Mr.. Bingham
enpbatically denied that it was incumbent ON the
Managers 10 prove guilty intent for said he sane
man should take the consequences of his own act 1t
had never been heard of in any Court that the prose-
eution should provo intent when there was clear
- rpouiTpmqOt
would defeat the ends of Justice The question was
decided in the negative in England in the trial
of Straford. Mn. Bingham argued this point at
great length and went from it TO the question:;
Has there been "A violation of the Constitution by
this act of removal ," He drew distinction between
the appointing and removing powers OF the Presl-
dent the latter of which was placed entirely beyond
has control save when il was allowed by statute
He held that the Managers had clearly proved Vlo-
latOn of the Constitution and of the acts OF Congress
in that removal, and he yindicated Mr. Sherman OF
Ohio from the charges which Mr. Eyarts and Ar.
Curtis sought to bring against him. by quotations
from his speeches when the Tenureof- Office act was
ON its passage. lie occupied thirty minutes in the
consideration of these points. He quoted Webster
TO show that the appointing power is vested IN the
President and the Senate and TIE appointing and re-
moving powers cannot be separated. He then took up
the appointment of Pickering by the elder Adams
who understood the obligations of the Constitution
and discharged them in that appointment. lie
touched on that portion of Mr.. Evartss speech IN
which be lectured the Senate and House on the
soIemnty obligation of their oaths and he added
thai the people of the United States will sustain the
Judgment of the House, whatever the decision OF the
Senate may be- The technical correctness OF the ar
fieles next engaged his attention. On that point he
voula not waste words. All that was required was
that they should be plain and intelligible.
Tbe,hour Of 1:4S was now reached, and Mr. sher-
man in consideration for Mr.. Bingham, moved re-
cess; bnt tho learned Manager preferred to go on
half an hour longer He noticed the legislation
applicable to the case, and urged that there is no
power under the Constitution authorizing the Presi-
dent to suspend an officer The word suspend"
first occurs in the act of 1S67-the Tenure-of Office
act The President acknowledged the va
lidity of that net when he appointed Gen.
Grant Gd interim Secretary of War, and
he (Blr Binghamj would not now consent that
reereant President should be allowed to change his
base to cover his guilt The keynote of the Presi-
dents policy was If the Senate concur, III obey
IL they'll non-coneur, Ph disObey this law and lt IN
iude1aent on its eonstitltonality." MIR. Bingham
next considered the article charging that the Presi-
dent had violated the act of 1857 and lie secuted the
fine distinctions which bad been drawn by the Presi
dents counsel, that it was no: " removal but an
attempt to remove.' They were the same in the eye
Of the law and Que was as much misdemeanor as
the other.
The Court took a recess at PIP and was again
called TO order when the tardy Senator's had all ar
rived. at 24s Mr. Bingham resumed by passing
warm and high culogium on Secretary Stanton Inc
President had no doubt whatever that the law was
meant TO cover his case, unless he was natural
idiot for which reason if for nothing else he ought
TO be turned ont 1t was all shallow pretense that
the President wanted to test the constitutonaty OF
the law. 1t was a mere afterthought and he had no
right whatever to raise the question. Mr. Stanton,
too if he were surrendered, was forever precuded
from bringing the question into the Courts. Was the
act Constitutional The Senate had three times
decided that it is: first, in passing 1t; second in
passing il over the Presidents veto; and, third,
in the resolution refusing TO sustain the suspension
of Mr. Stanton How could Senators give up every
thingl How could they surrender their eonsciences
and forget their oathsi The power OF Congress was
clear, and every law passed by Congress was binding
On the President and the people until it was reversed
by the proper tribunal. The conspiracy charges
were next touched Mr.. Bingham held that clear
ease Of conspiracy had been proved 1t might be
Eaid that the offense was trivial, and that
the Senate might forgive it but Sena-
tors should recoliect that they had not the
pardoning power Mr.. Bingham quoted at length
the testimony Of Gd interim Thomas, where he had
used threats Of force, and expressed the intention to
use force in the attempt TO secure admission by TAX
ing possession of the mails. Mr.. Bingham treated
all these questions with ability. His voice was clear
aud distinct aud it is conceded on ell points that 90
far, he has made most able argument Prior to the
adjournment which took place at 4.Os o'clock he
said that be would close tomorrow before o'clock