The New York herald., 1868-04-28


| The Chief Justice-A New Danger to tho Radi-
cnls-The Warning Voice of cold Thnd
| Steyens.'
| The radicals who contend that the sun and
moon ought to stand still till Andrew Johnson
is removed have been little futtered at tie
hint that Chief Justice Chase, at the close of
the arguments on both sides, may assume the
| right to deliver charge on the law and the
testimony, according to the usage of all other
courts in criminal cases. Mr.. Summers reso-
luton, providing that at the close of the argu-
| ments the Senate shall proceed to vote on the
several specifications of the Indictment
"guilty" or "not guilty. it is supposed is
aimed to head off the Chief Justice, and he
may be headed off. He has, however, the
whole case in his hands upon this very issue,
and he may bring this mockery of trial to an
inglorious collapse by taking firm position in
behalf of his right and duty as presiding judge
to deliver the usual charge to the jury.
The Chief Justice, let us suppose, will claim
this right, and let us further suppose that to
avoid any controversy with him the Senate viii
concede it; then, in order to secure the ends
of justice in delivering his charge, he has only,
first, to say that such is the evidence and such
is the law submitted in this trial that the
accused can be convicted only upon presump-
ton, and that accordingly, in his opinion, the
indictment ought to be quashed. Secondly,
with the refusal of the Senate to accept this
charge, the Chief Justice has only to say that
| a sense of duty requires him to retire from the
court, and the case at once collapses, because
his presence as the presiding officer is neces-
sary to the validity of this trial from the
beginning to the end. With his retirement
there would be no way to meet the difficulty;
| because, if Mr.. Chase should be impeached,
tried, convicted and removed for "high crimes
and misdemeanors" in this matter, his sue
cessor as Chief Justice would have to be ap-
pointed by President Johnson and confirmed
by the Senate before the trial of Johnson could
be resumed Under such state of things in
short, the Chief Justice would be master of the
situation, and Andrew Johnson could quietly
settle himself down to the administration of the
functions Of his Office till the 4th of March
right and in taking the ground we have indi-
Gated, would be acting consistently with the
course he has from the outset pursued in behalf
of his prerogatives as presiding judge Of this
| Court of Impeachment. Hence this flutter
among the radicals upon the rumor that he will
claim the right to charge the members of the
Senate as jury before they proceed as a
| jury to declare their verdict. The radicals
| fear and hate him because he has not surren-
dered himself as an obedent party slave In this
prosecution. Why, then, should he be the con-
venient instrument of mere party vengeance in
waving his right to charge the jury in this case
Let him insist upon II to the extremity we have
suggested, and, though the radicals may
excommunicate him, the country will endorse
him.
Not all the two-thirds vote of the Senate,
however, can be cassed in the school Of radi-
Senators who are evidently disposed to deal
fairly with Andrew Johnson, and they are still
a cause Of apprehension to the House Managers
of this impeachment. This is strikingly ap-
parent in the argument of Manager Stevens
| yesterday before the court. Mr.. Stevens in
the outset says :--"I shall discuss but a
single article, the one that was finally
adopted on my earnest solicitation,
and which, if proved / considered then
and still consider, as quite sufficient for the
ample conviction Of the distinguished respon-
dent and for his removal from Office" This Is
the Butler article, which charges that Andrew
johnson, in his swinging round the circle"
speeches, did attempt TO bring into disgrace,
rldicule hatred, contempt and reproach the
Congress OF the United States and the several
branches thereof, &c, &C.. although the argu-
ment of Mr. Stevens Is devoted TO the Tenure
Of Office law, and his special object appears to
be warning TO the Senator's concerned in pass
ing and upholding that law against the awful
consequences Of boiling on this impeachment
Thus Mr.. Stevens reproduces in detail the
several votes Of the Senate upon this bill, in
cluding the vote by which il was passed over
thc Presidents veto-ycas 3j, nays land
then In the course of his remarks he goes on
to say:--"And now this onscouring of assassi-
nation turns upon the Senate who have thus
rebuked him in q constitutional manner and
/. bids them defiance. How can he escape the
Just vengeance of the law? Wretched man
standing al bay, surrounded by a Gordon Of lv.
ing men, each with the axe of an executione,
lifted for his just punishment. Every Senator
now trying him, except such as had alread.