The national Republican. [volume] (Washington City [D.C.]) 1866-1870, 1868-03-05
Com m nication of chief Justice Chase
10 the senate,


The following communication of Chief Justice
Of the United States was laid before the Senate
yesterday;
To the Senate Of he United SoicE Inasmuch as
the sole power to try Impeachment Is vested ey
'Ss duty of the ohef u" Justice 70 preside when
the President 10 on trial, take the liberty OF
submitting, very respectfully, some observations
npon he impes eS M m | which has been preferred
by the House OF Representatives against the
Thai when the senate sits for the trial OF an
impeachment 1t sits as acourt, seems unques-
tionsble.
President, this court must be constituted Of the
members Of the Senate, with the Chief Justice
presiding, seems equally unauestionasle;
temporary authority on the construction Of the
Constitutions and In the cath number the func.
CAPACITY as a court for The trial Of impesea
ments" are examined, In a paragraph explain
Ing the reasons for not uniting "the supreme
Court with the Senate In the formation OF the
court OF impeachment" Il is observed that "to
a certain extent the benefits Of that union will
be obtained from making the Chief Justice Jus Tn Of
the Convention, while the Inconvenience Of an
| entire Incorporation Of the former into the lat
| ter will be substantially avoided" This was,
This authority seems to leave no doubt upon
statement OF them will serve to Introduce the
question upon which think II my duty to state
the result OF my reflections to the Senate,
| namely: At what period, in the case of an I'M
pcach ment OF the President, should the Court of
Impeachment organize under oath, rs directed
1t will readily suggest Itself to any one who
reflects upon the abilities and learning In the
law which distinguish so many Senators that
besides the reason assigned In the Federalist
there must have been still another, for the pro.
vision requiring the Chief Justice to preside in
the Court OF Impeachment. Under the Consti-
ttt In pf in hn nfV NJ nl IL
dent, the Vice President succeeds, and II was
doubtless thought prudent and BETTING that the
| next In succession should not preside In pro-
ceeding through which vacancy might be
II is 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 President at Its
but # d xs nS no
that the organization of the Senate as Court
OF impeachment under the Constitution should
prccede the actual announcement of the impca ch.
ment on the part Of the House.
And 1t nay, perhaps, be thought still less
unwarranted opinion that articles Of impesch-
ment should only be presented to court OF I'M
pc aehment; that no summons or other proceed
ings should issue except from the organized
court; and that rules for the government Of the
| only by the court itself
have found myself unable to come to any
ons5 ION rSSnitios tsS senssc 10 no
court under any other than its ordinary prcsid.
| Ing officer, for the latter proceedings upon an
| impe ach ment of the President, which does not
| seem to me to apply equally to the earlier.
| / am informed that the Senate has proce eded
! upon other views; and 1t Is not my purpose to
| contest what Its superior wisdom may have
directed. All good citizens will ferventIy pray
| that no occasion may ever arise when the grave
proceedings now In progress will be cited n q
precedent, but II IL not impossible that such al
| occasion may come.
| Inasmuch, therefore, as the Constitution hai
charged me Chief Justice with an important
| flnctiOn in the trial of imDfArhmeut of Thu
President, 1t has seemed to me lifting and oblig
atory, where he Is unable to concur In the view
OF the Senate concerning matters essential I,
the trial, that his respectful dissent should ap
pear. ). T.. CHASE,
Chief Justice Of the United States.
| WARRINGTON, March 4, ISIS.