Year: 1868

Senate has not constitutional power TO decide every
question OF law and fact. II was also attempted 70
prove tnat this was not co1r-tnat y was not the
He would not stop to dwell on this miserable device
this empty and nlmsy attempt TO distt,g lish what
posed In this discussion not to deal with trines-he
considered tribes light as ar-but he would put for
the on the other SIDE especially the gem
tleman from New York (Mr. Evarts) In his in
tellectual pyrotechnics Qaughterh but he would
conviction to the mind of every man. The
gentleman rom New York thought the only way
TO make his speech immortal was to make it eternal.
Continuing, Mr.. Bingham said:-What becomes OF
his long drawn out sentences here about the right OF
the accused and guilty man who stands this day
clothed with perjury as with q garment in the
presence OF the people to be tried, first IN the
Supreme Court Of the United States, before the
Senate shall proceed 10 trial and judgnenty Sena
tors the people OF the United States, through their
representatives In Congress assembled, have made
provisions for such uniortunaes as able to take
care OF themselves cross the OF yonder green
hill where they can be cared for (auding to the
National Insane Asylnm). The Senate is vested with
and the supreme Court OF the United States has
no more power to intervene or to have
Court OF ST. Petersburg. Tie people of
the United States, | hesitate not to say, viii hold,
nevertheless, clear and manifest as TINS proposition
is, it has been insisted upon here from the opening
Of this defence 10 the close by all the counsel who
have participated in this discusson, that the
Supreme Court Is the final arber Tor the decision OF
all questions arising under the constitution. do not
state the proposition too broadly, Senator's my occu
pations have been OF such nature since the COM
nencement of the trial to this hour that have relied
more upon my memory of what counsel said than
upon Sany reading which have given to their vo-
luminous and endless arguments in defence OF the
accused, but venture to say that the proposition rs
not more broadly stated by me than It has bten
stated by them. submit to the Seuate that there
may be many questions arising under the constitu
tion, which by no possibility can be considered as
any other court Of the United States. For example,
my learned and accomplished friend, who honors me
with his attention, and who represents the great and
growing Commonwealth OF Illinois on tiis loOr,
Senator Trumbull IS here and Is TO remain here not
by force of any decision that the Supreme Court has
made, or may hereafter make. II Is not q question
within their jurisdiction. Illinois is one OF those
great COmm0nweaths which since the organization
of the constitution, and within the memory OF living
man. have sprung up from the shores OF the
beautiful Ohio and the golden sands OF the
Pacific. Is here under the direct Obligations OF
the constitution or the United States. The people by
their constitution did provide that the Congress shall
have power to admit States INTO the Union, and
whether the people Of illinois had organized gov.
ernment republican in form and well entitled 10
assume their place in the siserlood OF the common
wealth.. the decision was final, and the Judge OF the
supreme Court who dares 10 challenge the great seal
of the State which the Senator represents would be
instantly elected from his place, which he would
thereby dishonor and d,grace by the supreme power
OF the people, speaking and acting through the pro-
OF impeachment. 1t does not belong in any sense
Of the word to the judicial power Of the United states
to decide all questions arising under the constitution
and laws. According to the logic OF the counsel for





in judgement at last on the power given exclusively
to each House to Judge of the election and quaicu-
tons OF It's own members. Senator'S, the Judicial
power OF the United States is entitled TO all respect
ana to all consideration here and elscwhere but that
Judicial power, as 1t is wen known TO Senators,
Is defined and limited by the terms of the coAstu-
tion anu beyond that limitation outside of i that
tribunal cannot go. read IRON the constitution .ne
provisions, III answer TO the argument Of the gentle
men. TOUCHING the judicial power OF the United
StateS:-


sForIeS l. The judicial power Of the United states shall
Congress may nom time to time oraln and establish The
Judges OF both the supreme inferior courts shall hold
terms for their services compensation which shall be
diminished dnrin. their continuance IN oIlce.


src The judicial power shall extend to all in law
ana e1uy arising Under the e9nf.ut9a the sws of the
a3aer Their a,n,hoaty 70 all eases affecting agbassador
and maritime iusdiction; to controversies to which the
n Sea @ n,a'es % sa r ee party to sontroyaTsiss be-
OF another State between citizens OF different satcs; be-
e nd Between s s n as Thsr be eaaas
thereof, foreign States subjects In AL
wS static & be pa @ nnd
Son, s1 have original M in az The other eases
uilsdetion both 70 law and fact with such e1cep,sh and
Of s crimes esert IN IN Gases & Of shah be BY jury
shall have been committed; bu, when within
any State the trial shall be at such pace or places as Con.


SIC Treason against The Cniied States shall consist only
them aid and eontor No pcrson shan he any of treason
unless the testimony Of two wnsses 70 the





declare the punishment OF bat atandcr
treason shall work corruption OF blood Forfeiture
during the HE OF the person sttan'ei.


Az said before, inasinuch AZ the Senate OF
the United states has the sole power TO try mpeach
ment and therefore the exclusive power finally 10
decide all questions thereon IL results that iis dec
sion can neither be restricted by judgments In ad-
vance made either by the supreme Court OF by any
other court Of the United States, nor can the
fnal Judgment OF the Senate on impeachment
be subjected TO review by the several courts of the
United States or TO rcvlsal 10y the Executive pardon:
for IL is written in the constitution that the pardon
ing power shall not extend to Impeachment, and inn
peachnent IN not case IN law and equity within the
meaning OF the term "a employed In the third article
Of the constitution, which have just read u is in
sense within the general judicial power OF
enough or weak enough to stand in the presence of
the United States and clearly aud openly proclaim
and avow that the supreme Court has the power to
try impeachments. Nevertheless the position
assumed I'm tins defence for the accused
that he may suspend the laws without
peril to his Official position, and may
interpret and consrue the constitution for Itself.
without peril To his official position, II he states
either after the crime after the fact that his ony
object in violating the constitution suspendng the
law was to obtain al some future day judicial
strucliOn OF the one or judicial decision The
validity Of the other anl that therefore the senate Is
noi 10 hold him To answer on Impeachment for high
crime and misdeneaof does not involve the prOpD-
sit;ou and no man can get away from IL; that the
court at last has srppresiing power over this
limited and unrestricted power OF impeachment In
vested by the people In the Ou of Representatives,
and this unrestricted power oi ria Of inpcach-
mcnt vested ny the people in the Senate Of the United
states. On that proposition J am willing 10 stand,