Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1868-03-06
CHIEF MI9TICE CHASE.
Disssats from the Rules Adopted By
she Senate-Rebukes she EmPeach-
ers for HRsty Procedure.


the Senate-Rebukes Ihe ImPeach-
ers for HRsty Procedure,
The following is the communication
from Chief Justice Chase, which was
laid before the Senate on the 4th instant
10 the Sendte Of the United States Inaa-
much as the sole power TO try impeach-
ment IL vested by the constitution in the
Senate, and il IL made the duty of the
Chief Jusiee to preside when the President
is on trial, / take the liberty of submitting,
very respectfully, some observations in re-
spect 20 the proper mode of proceeding
| upon the impeachment 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 i'm
/ parchment il sits az a court seems unques-
tionable. That for the trial of an i'm
parchment Of the Presiden this court must
be constituted of the members of the Sem
ate, with the Chief Justice presiding seems
equally 40.
The Fededlist is regarded as the high
est contemporary authority on the CON
struetion of the constitution, and in the
| Gath number sets forth the functions of the
Senate sitting in the judicial capacity as a
court, for the trial Of Impeachment, or a
mere examination. In a paragraph ex-
planning the reasons for uniting the Su.
preme Court with the Senate in the forma-
ton of court Of impeachment, it is OBJ.
served that 20 ascertain the extent of that
union will be obtained from making the
Chief Justice of that court the President
Of the court of impeachment, as is pro-
posed in the plan on the convention.
While the inconvenience Of an entire
incorporation of the former into the latter
will be Substantially avoided, this was per
haps the prudent mean. This authority
TO leave no doubt upon either of the pro-
positions just stated, and the statement of
them will serve to introduce the question
upon which think it my duty TO state the
result of my reflections TO the Senate,
namely: At what time, in case of an i'm
peschment If the President, should the
court Of impeachment be organized under
oath, as directed in the constitution? 1t
will readily suggest itself to any one who
reflects on the abilities and learning in the
Law which distinguishes so many Senators,
that, besides the reason assigned in the
Fsdsralist, there must be another for the
proposition requiring the Chief Justice TO
preside in a court of impeachment under
the constitution. In case Of a vacancy in
the Office Of President, the Vice President
succeeds and il was doubtless thought pru-
dent and BETTING that the next in success
sion should not preside in 4 proceeding
through which vacancy might be created.
II was not doubted that the Senate,
while sitting in its ordinary capacity, must
necessarily receive from the House of Rep
resentatives some notice of its intention 10
impeach the President at its bar; but it
does seem an unwarrantable opinion, in
view of this constitutional provision, that
the organization Of the Senate as a court of
impeachment under the constitution,
should proceed 70 the actual announce
ment of impeachment on the part Of the
House, and il may perhaps be thought a
still less unwsrrsnted opinion that articles
of impeachment should only be presented
to a court Of impeachment that no other
summons or process should issue only from
an organized court, and that 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 no reason for requiring the Senate
to organize as a court under any other than |
Its ordinary presiding officer for the latter |
proceedings upon an impeachment of the |
President, which does not seem to me to |
apply equally 10 the earlier
sm informed that the Senate has pro-
ceeded upon other views, and il is not my |
purpose 70 contest what its superior wisdom
NAV have directed. All good citizens will /
feryently pray that no occasion may arise
when The grave proceedings now in pro-
gresa win be cited as precedent Inas-
much, therefore, 50 the constitution has
charged the Chief Justice with an impor-
lant function in a trial OF Impeachment of
The President, il has seemed to be fitting