Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1868-03-05
THE IMPEACHMENT PROSECUTIONS.
Views OF Chief Justice Chase.

Views OF Chief Justice Chase.
The following communication was yesterday
sent to the Senate by Chief Justice Chase, Civ
ing his views in relation to the. prosecution Of
impeachment:
TO the Senate of the United States:
Inasmuch as the sole power to try impeach=
ment is vested by the Constitution in the Sen
ate, and it is made the duty Of the Chief JUS
tice to preside when the President is on trial,
[ take the liberty Of submitting, very respect
fully, some: observatio in respect tothe proper
mode of proceedings upon the impeachment
which has been preferred by the House OF
Representatives against theaPresldent now In
office. IL s9212a@a|
That when the Senate sits for the trial of an
impeachment it sits as a court, seems unques-
tionable. EE1
That for the trial OF an Impeachment Of the
President, this court must be constituted (. OF I
the members of the Senate, with the Chief
Justice presiding, seems equally unqucstlona-
Bile. - - ~ I'm
The Federalist is regarded as the highest
contemporary authority on the construction OF,
the Constitution; and in the sixty fourth
number the functions Of the Senate, ''sitting
in their, judicial capacity as a court tor the
trial Of impeachment" are examined. j In a
paragraph explaining the reasons for not unit
ING ''the Supreme Court with the Senate in
the formation of the court Of impeachments,
it is observed that to a certain extent the
benefits of that union will be obtained from
making the Chief Justice Of the Supreme
Court the president Of the court of impeach
lnents, as is proposed i'll the plan of the Con-
vention, while the inconveniences of an entire
incorporation Of the former into the latter will
be substantially avoided - This was, perhaps,
the prudent mean. FIT
This authority seems to leave no doubt.upon
either of the propositions 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 period, in the case of an
Of the President, should the
court of impeachment organize under oath, as
directed by the Constitution /? /
1t will readily suggest itself to any one who
reflects upon the abilities and the learning In
the law which distinguish so many Senator'S,
that besides the reason assigned Ia the FEEDER
aIist there must have been still another tor
the provision requiring the Chief Justice to
preside in the court of impeachment. Under
the Constitution, in case OF vacancy in the
office of President, the Vice President succeeds
and it was doubtless thought prudent and ben.
eftting that the next in succe sslon should not
preside in proceeding through which va
cancy might be created.
1t was not doubted that the Senate, while
sitting in its ordinary capacity, must necessa-
rily receive from the House Of Representatives
some notice of its intention to lmpeach the
President at its bar but it does not seem to
me an unwarla ltable opinion, in view OF this
constitutional provision, that the organization
of the Senate as court of impeachment under
the Constitution should precede the actual an
nouncament of the impeachment on the part of
the House.
And it may, perhaps, be thought still less
unwarranted opinion that articles Of lmpeach
ment should only be presented to court OF
impeachment; that no summons or other pro.
ceedings should issue except from the 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 conclusions than these. | can assign no
reason for requiring the Senate to organize as
court under any other than its ordinary pre-
siding officer for the latter proceedings upon an
impeachment Of the President, which does not
seem to me to apply equally to the earlier.
am informed that the Senate has proceeded
upon other views; and it is not my purpose to
contest what its superior wisdom may have dl'
rected. All good citizens will fervently pray
that no occasion may ever arise when the grave
proceedings now In progress will be cited as a
precedent; but it is not impossible that such
an occasion may come.
Inasmuch therefore, as the Constitution has
charged the Chief Justice with an important
function Ia the trial of an impeachment of the
President, it has seemed to me fitting and
obligatory where he is unable to concur in the
views of the Senate concerning matters essen
tial to the trial, that his respectful dissent
should appear S:-P CHASE,
Chief Justice of the United States.
Washington, March 4, 1868.