The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1868-05-14
Views of Chief Justice Chase as to the
Form Of Procedure in Obtaining the
Verdict. =

Form Of Procedure in Obtaining the
Verdict =.
In the High Court Of Impeachment, on Mon
day
When the doors were closed the Chief Justice
stated that in compliance with the desire Of
| the Senate, he had prepared the questions to-
be addressed to senator's upon eacn article OF
| impeachment, and that he had reduced his
views thereon to writing.
On motion of Senator Buckalew, the views OF
the Chief Justice were ordered to be entered
on the journal Of proceedings, as follows:
Senators-In conformity with what seemed
to be the general wish Of the Senate when it
adjourned last Thursday, the Chief Justice, in
taiinr the vote on the articles of impeachment,
viii adopt the mode sanctioned by the practice
in the case of Chase, Peck and Humphreys.
He will direct the secretary t. read the aeve-
raj articles successively, and after the reading
of each article will put the question Of guilty
or not guilty to each senator, rising in his
place. in the form used in the case Of Judge
Chase: ,.
ssMr. Senator --, how say you, is the re-
spondent, Andrew johnson. President OF the
United States, guilty or not guilty of high
misdemeanor, as charged ID this articef"
six, each OF which charges a crime, the word
"crimen will be substituted for the word "mis-
The Chief Justice has carefully considered
the suggestion of the senator from Indiana
,Mr. Hendricks). which appeared to meet the
approval of the Senate, that in taking the vote
on the tenth article, the question should be
put on each clause, and has found himself un-
able to divide the article as suggested. The
article charges several facts, but they are 30
connected that they make but one allegation,
and they are charged as constituting one mis-
demeauor. x.f
The first fact charged is. insubstance, that
the President publicly declared IN August,
1856, that the 39th Congress was Congress Of
only part Of the States, and not constitutional
Congress, intending thereby to. deny it's con-
stitutional competency to enact laws or propose
amendments Of the constitution, and this
charge seems to have been as Introductory,
and aa qualifying that which follows, namely,
that the President, in pursuance Of this decla.
the Tenure -of-ofhce act by c0ntrlying and at
tempting to contrive means to prevent MIR.
Stanton from resuming the functions OF Secre-
tary of War after the refusal Of the Senate to,
concur In his suspension, and also by contriv-
ing and attempting to contrive means to pre-.
vent the execution 6f the Appropriation actor
March q, 1857. and also to prevent the e3ecu-
tion OF the rebel State governments act OF the
: The erayamen Of the article seems to be
that the President sttem pted to defeat the ex-
ecution Of the Tenure f-ofice act, and that he
did this in pursuance OF q declaration which,
WAS intended to deny the constitutional COM.
potency Of Congress to enact laws or propose
constitutional amendments, and by contrlv,ng
his Office Of Secretary, and also to prevent the
execution OF the AppI opriation act and the
rebel State government acts. ;.,
The simple substantive matter charged is
the attempt to prevent the. execution Of the
Tenure-of-ofice act, and the other facts alleged;
either as introductory and exhibiting thus gen.
purpose OF as ss9Tlns 8, 3Saa the means
This sinc e matter. connected with the other
matters previously and subsequently alleged,
ischarged as he,high misdemeanor OF wnlch
the President is alleged to have been guilty.
The general question. guilty OF not guilty or
high misdemeanor as charged, seems fully
to cover the whole charge, and will be put rs
to this article as well as to the others, unless
the Senate directs some mode OF division.
In the tenth article the division suggested
BY the senator from New York, (Mr. Conking),
NAV be more easily made. It contains gene.
raj allegation TO the effect that on the 18th OF
August, and on other days. the President, with
Intent TO- set eaide the Iightful authority of
Congress and bring it into contempt, delivered
certain scandalous harangles. and therein
uttered loud threats and bitter menaces against
Congress and the laws of the United States
enacted by Congress-, thereby bringing the
Office OF President into disgrace, 70 the great
scandal OF al good citizens, and sets forth IN
three distinct specifications the harangues,
threats and menaces complained OF.
In respect to this article, If the Senate sees
fit 80 to direct. the question OF guilty or not
guilty Of the facte charged may be taken In
respect to the several specifications, and then
the question Of guilty or not guilty OF high
misdemeanor, as charged in the article, can
also be taken.
The Chief Justice, however, sees no objec-
ton to putting the general question on this ar
ticle in the same manner as in the others, for,
whether particular questions be put on the
specifications or not, tie answer TO- the final
Question must be determined by the judgment
OF the Senate, whether OF not the facts alleged
in the specifications have been sufficiently
proved, and whether, if sufficiently proved,
they amount to high misdemeanor within
the meaning Of the constitution.
On the whole, therefore, the Chief Justice
thinks that the better practice will be " put
the general question on each article, without
attempting to make any subdivision, and Will
pursue this course if no objection is made. he
will. however, be pleased to conform to such
directions as the Senate may see tit to give IN
the matter. Whereupon
MIR. Sumner submitted the following order,
which was considered by unanimous consent
and agreed to-:
Ordered, That the questions be put as pro-
posed by the presiding officer Of the Senate,
and each senator shall rise in his place and an-
swer "guilty" or mot guilty" only.