The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1868-03-11
The Court OF Impeaehment not the senate
20 Frnme Ruies sf Procedure


The following is the fall text Of the communi-
cation of Chief Justice Chase TO the Senate rela-
tive to the framing Of rules Of procedure in i'm
parchment cases:
To the Senate Of the United States:
Inssmuch as the sole power to try impeachment
is vested by the Constitution in the Senate, andlt
Il made the duty of the chief justice to preside
when the president is on tIial, take the liberty
Of submitting, very respectfully, some observa-
ing upon the impeachment, and which has been
preferred by the House of Representatives against
The president now in Office. That when the Senate
sits for the trial of an impeachment, 1t sits as
court seems unQuestionable; that Tor the trial OF
an impeachment Of the president this court must
be constituted Of the members OF the senate, with
the chief justice presiding, seems equally 50.
The Federslist is regarded as the highest cotem-
porsry authority. on the Constitution OF tae
Uuited States, aud 10 the sixty fourth number the
functions Of the Senate, sitting in the judiciary
capacity as a court for the trial Of impeachment,
are examined. Ia paragraph explaining the
reasons for uniting the supreme Court with
The Senate in the formation of q court OF
impeachment. it is observed that TO
ascertain the extent OF that union u be obtained
from making the chief justice of that court the
president Of the court OF impeachment, as IS pro-
posed in the plan Of the Constitution, be
inconvenience Of an entire corporation of the
former into the latter will be substantially
avoided. This was perhaps the prudent plan.
This authority seems to leave no doubt upon
either OF the propositions just stated, aud the
statement of them will serve to introduce the
question spon which | think 1t my duty to state
the result Of my reflections TO the Senate, namely,
at what period in the case of an impeachment Of
the president, should the court OF impeachment
be organized under oath, as directed in the Con-
sttuton. Ii will readily.suggest itself TO any one
who rejects on the abilities and learning in the
law which distinguish SO many Senators, that be-
sides the reason assigned Ia the Federast there
49, he.
curing the chief justice to preside in the court Of
Impeachment under the Constitution. Ia the case
OF vacancy in the Office OF president the vice
president succeeds, and 1t was doubtless thought
prudent and betting that the next IN succession
should not preside in a proceeding through which
8 vacancy might be created. ltwas not doubted
that the Senate, while sitting in its ord
nary capacity, must necessarily receive
from the House Of Representatives some no.
tce OF its intention to impeach the presi-
dent at its bar; but it does seem to
me an unwarrantable opinion in view of
this constitutional provision that the organization
OF the Senate as a court OF impeachment under
the Constitution should precede the actual an
rouncement of the impeachment on the part Of
the House, and it may perhaps be, though still
less warranted opinion, that the articles of i'm
peacbment should only be presented to q court of
impeachment; that no summons OF process
should issue from an organized court, and that
the rules for the government Of the proceedings
of such court should be framed only by the court
itself. / have found myself unable to come to any
other conclusion. than those can assign. There
are 10 for requiring the Senate to organize
rs q court under any other than its ordinary pre-
siding officer. for the lAter proceedings upon an
impeachment of the president, which does not
seem to me 10 apply equally TO the earlier. am
informed that the Senate has proceeded upon
other views, and il is not my purpose to contest
what its superior wisdom may have directed. All
good citizens will fervently pray that no occasion
may ever arise when the grave proceedings now
10 progress will be cited precedent bat 1t is
not impossible such an occasion may come. In
ssmuch. therefore, the Constitution has charged
the chief justice with important function in the
trial of an impeachment Of the president, ii has
seemed to me fitting and obligatory, where he is
unable TO concur in the views of the Senate, con-
corning matters essential to the trial. bis respect
full dissent should appear. S. P. CHASE,
Chief Justice of the United states.