Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1868-03-05
CONGRESSIONAL. !.
9 WASHINGTON, March 4.
SENATE ~ II

pachment is vested by the Constitution in !
the Senate, and it is made the duty Of the
Chief Justice to preside when the Presi |
dent is on trial, take the liberty of sub
tions in respect to the proper mode of pro- !
ceedings upon impeachment, which has
been preferred by. the House of Represen
tatives against the President now in office. |
That when the Senate sits for the trial of
an impeachment. it sits as a court. seems
unquestiOned. That for the trial of an i'm
peachment of the President, this court
must be constituted of the members of the
Senate, with the Chief Justice presiding,
seems equally so.
The Federalist is regarded as the highest
contemporary authority on the Constitution,
and in the Gath number the functions OF
the Senate, sitting in the judicial capacity,
as a court for the trial OF impeachment,
are examined in paragraph explaining
the reasons for uniting the Supreme Court
with the Senate in the formation of a
court of impeachment. 1t is observed that
by the union, to be obtained from making
| the Chief Justice of that Court the Presi-
dent of court of impeachment, the incon-
veniences of an entire incorporation of the
former into the latter will be substantially
avoided. This was, perhaps, the prudent
means.
This authority seems to leave no doubt
upon either of the propositions just stated,
and the statement of them will serve to in
troduce the question upon which think 1t
nv duty to state the result of my refiec-
tions to the Senate, namely: At what
period in the case of an impeachment of
the President should the court of impeach-
ment be organized, under oath, as directed
| in the Constitution? 1t will readily sug-
| gest itself to any one who reflects on the
abilities and learning in the law which dis
tinguishes so many Senators, that besides
/ ad int fbo licf hQr
must have been still another for the pro-
visions requiring the Chief Justice to pre-
side in the court of impeachment.
| Under the Constitution, in case of va
cancy in the office of President, the Vice
President succeeds, and it was doubtless
thought prudent and befitting that the
| next in succession should not preside in
a proceeding through which a vacancy
might be created. 1t was not doubted that
the Senate, while sitting in its ordinary
capacity, must necessarily receive from
the House of Representatives some notice
of its intention to impeach the Pres iient at
| its bar, but it does seem to me an unwarrant-
able opinion, in view OF the constitutional
provisions, that the organization of the Sem
ate as court of impeachment under the
Constitution, should precede the actual
announcement of the impeachment on the
part of the House; and it may perhaps be
| thought a still less unwarranted opinion
that articles of impeachment should only
be presented to court OF impeach-
ment; that no other summons or process
should only be presented to court
of impeachment; that no summons or
proceeds should issue from an unorganized
court, and that rules for the government
of the proceedings of such court should be
framed only by the court itself. l have
found myself unable to come to any other
conclusions than these. l can assign no
/ raocopc for ronuirinu tho Sapatp tO OrUan-
/ ize as court under any other than its or
dinary presiding officer for later proceed
ings upon an impeachment of the Presi-
dent, which does not seem to me
to apply equally to the earlier.
am Informed that the Senate has pro-
ceeded upon other views, and it is not my
purpose to contest what its superior wis
dom may have directed. All good citizens
will tervently pray that no occasion may
ever arise when the grave proceedings,
now in Congress, will be cited as prece-
dent, but it is not impossible such an Occa-
sion may come.
Inasmuch, therefore, as the Constitution
has charged the Chief Ju,tice with an i'm
portant function in the trial of an impeach-
ment of the President, it 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, that
his respectful dissent should appear.
| ISigned1 S. p. CHASE.
Chief Justice.
On motion of Mr.. HOWARD. it was or
dered printed and referred to the select
committee of seven. Ca f-1~s
At 5 minutes past one the managers ap-
peared, followed by the members of the
House, the latter ranging themselves out
side OF the bar of the Senate.
| The managers having taken the seats
provided for them, in the following order
Bingham on the right, Boutwell,, Stevens
Logan, Wilson, Williams and Butler-the
Speaker of the House was invited to seat
beside the President pro tenn. and escorted
. to the seat by Mr.. Grimes.
Silence having been restored. the chair
man of the committee (Bingham) said:
Mr.. PRESIDENT: The managers on the
|; part of the House of Representatives, by
order of the House, are ready at the bar o
the Senate to present articles OF lmpeach'
ment for the maintenance of the impeach-
) ment preferred against Andrew johnson
President of the United States.
The President pro tens-The Sergeant
at Arms will make proclamation.
Sergeant t-Arms-Hear ye! Hear ye
All persons are ordered to keep silence. or
pain OF imprisonment, while the House o
> Representatives exhibit to the Senate ar
, ticles of impeachment against Andrew
johnson, President of the United States.
. MT. DlNOhAM tueb iose anu ieou e"'
articles of impeachment, the manager
also standing, with the exception of Mr.
Stevens.
; At quarter to 2 the reading of the ar
ticles was concluded, and the manager
. and the other members of the House re
: firing
: The funding bill was taken up, and Mr.
HENDERSON addressed the Senate.
: The Senate agreed to proceed tomorrow
to the consideration of impeachment, ant
appointed committee To request the at
!, tendance of the Chiet Justice.
Adjourned.
: HOUSE OF REPRESENTATIVES,
+ The House Immediately proceeded to tn
. consideration of the additional article o
impeachment offered yesterday by MI
: Jencks, who advocated its adoption.
Messrs. Highly and Lawrence. of Ohio