Year: 1868

1mpeacnment OF the PreSl0cnC.
Remarks Of Hon. John A. Bingham. Of


Ohio, in the House Of Representatives., Feb


ruary %, 1868.


The House having under consideration
the resolution reported from the Commit
tee on reconstruction for the impeachment
of the President, Mr.. Bingham said


Mr.. Speaker: All right minded men must
concede that the question under considera-
tion is one of supreme moment to all the
people OF the Republic. l protest for my
self, sir, that l am utterly incapable of APP
preaching the discussion of this question in
the spirit of partisan. l repel, sir, the
intimation of the gentleman from New
York, Mr.. Brooks that l am careless of the
obligation of my oath or unconcerned about
the supremacy of the Constitution and the
laws. look upon the Constitution of the
country as the very breath of the nations
life. L invoke this day upon the consider
alton of this great question the matchless
name of Washington, as did the gentleman.
and ask him, in the consideration of the
matter now before us, to ponder u pom those
deathless words of the Father of our Coun-
thy, wherein he declares that g the Con-
stitutlon which as any .ime exists, till
changed by an explicit and authentic act of
the whole people, is sacredly obligatory
upon tll -uDOH dllg biT3 ITUUt buC REG


dcnt to the humblest ctisen-standing
within the jurisdiction of the Republic.
Washington but echoed the words that
himself and his associates had imbeded in
the text and Constitution, that g this Con-
stitution and the laws passed in pursuance
thereof shall be the supreme law OF the
land 1t shall besupreme over every officer
it shall be supreme over every State; it shall
be supreme over every territory; it shall be
supreme upon every deck covered by your
flag in every zone all round the globe.
Every man within its jurisdiction, official
and unofficial, must bow to the supremacy
of the constitution.


The gentleman says that the issue involved
is an issue about an office. ! beg the gen
tleman's pardon. The issue involved is
whether the supremacy of the Constitution
shall be maintained by the peoples Rep
resentatives The President of the United
States has assumed, sir, to set himself
above the Constitution and the laws. lie has
assumed to defy the law; he has assumed
to challenge the peoples Representatives
to sit in judgement upon his mdlteasanccs IN
office Every man who has considered 1t
, worth while to observe my conduct touching
this question that has long agitated this
J House and agitated this country may have
! discovered that have kept myself back and
have endeavored to keep others back from
making any unnecessary issue between the
President and the Representatives of the
people touching the manner IN which he
discharged the duties of his great office. |
had no desire, sir to have resort unneces-
sarlv to that highest power reposed by the
people in their representatives, and their
Senators for the vindication of their own vio-
lated laws. Notwithstanding there wa.
much in the conduct of the President to en-


49, hn try


vet. so long as there was any doubt upon
the question of his liability to impeachment
within the text and spirit OF the Constltu-
I ton | was unwilling to utter one syllable
TO favor such proposition or to record a
vote to advance it. With my past conduct
/ on this question, sir, | am entirely satisfied.
am responsible fer il alone tc those who
sent me here. to nv conscience, and TO the
common Father of us all. | have said no
word heretofore, | have given no vote here
tofore, touching this question which, dying,
would wish to change


! stand here, however, to-day, filled with
a conviction as strong az knowledge that the
President of the United States has deliber-
ately. defantlv. and criminally violated the
Constitutions his oath of Office, and the
laws of the country l propose, sir, 20
make clear, in the short time which | shall
occupy, the proposition which | have just
uttered and in attempting to do 1t L desire
to say that it is a moment of pain and sor-
row with me to be compelled. as Repre-
sentative Of the people, (for | am compelled
to it, to make the utterance that the Pres
ident of the United States has set this bad
example to all the people of this country
of trampling the Constitution and the laws
defantly under foot.


The offices of the United States are the
gift of the people They are held subject
to the Constitution of the United States
and to the statutes passed in pursuance OF
it. The President of the United States


holds his own office by that tenure, as well
as any other official known to the COnstitu-


ton and the laws. He himself must have


regard to what is written in the Consttu-


ton When he comes TO inquire about the


right of any person to hold and exercise ar


Office he must have regard, one would sup


pose, to the plain letter of the Constitution


which declares, touc hing the very class o


offices involved in this discussion, that tn,


President = shall have power to fill up nj


vacancies that may happen during the recess


of the Senate, by granting commission


which shall expire at the end of the mex


session. Does not this provision, by ncces


sary implication, declare that the Presiden


shall only have power to fill vacancies by


limited commission which may happen du
! ring tDc recess Oh tnt YAH HC ~


point and commission to fill vacancy whic
NAV happen when the Senate is in session
| Is it not clear that such vacancies can onl
. be filled with the advice and consent of tn


Senate? Are not these words in the Consti
tuition The President shall have power
by and with the consent of the Senate, t


appoint all officers of the United States
which shall be established by law, an
whose appointment is not by the Constitu
ton otherwise provided for? There is n
provisions for the appointment of Secretar


Of War in any other way than with tn


consent of the Senate, to fill a vacancy aris
ing during its session.


Who is there to say that the President {
the United States, touching an office of tn
character now in question, can by his ow
act create a vacancy by removal when tn
Senate is in session. and fill the vacancy thu
created by himself in the presence of tn
3, Senate and without its consent, when tn
{ Constitution, as l have just said, declare


that the office shall be filled only by and wit
: the advice and consent of the Senate.


The gentleman has endeavored to rea
e statutes on the subject. The statutes rea
throw no light upon the point which l no
T make. to wit the power of the PresideT
n to create by his own act a vacancy in an o
fee of this character and fill it ad interim
e appointment of his own while the Senate


in session. Did the gentleman read lir
c recognizing any such power as that, or col
ferring any such power as that on the Execl
II tive, in the act of 1889? Did he read liz
conferring any such power in the act of 1892
! Did he read line comforting any such pow'
+ in the act of 1895? Did he read a line col
t ferring any such power in the act of 1863
). Not at all. The provisions of the statut
e which he read were wise provisions to NAL
{, temporary appointments by which the offic
| oo,,Id bo fll cf dur;pr tho temnOrarv incap