Cedar Falls gazette. [volume] (Cedar Falls, Iowa) 1860-1895, 1868-04-17
who shall Vote /?

Considerable debate has taken
place in the public newspapers, over
the subject of the rights and duties
of the Chief Justice in the Impeach-
ment trial. 1t has been more than
mooted, that in the event of one vote
being wanted In the final determine
ton of the impeachment, that his
vote must be counted with that of
the Senators. The question properly
is, not whether he shall vote one
way or another, but whether he has
any right to vote under any circum-
stances of the case. We think not.
The language of the Constitution as
far as it goes, is plain and easy to
comprehend, and were 1t not for the
torturing that 1t has received from
persons whose aim il is to sacrifice
truth for the sake Of partizan ends,
we might let it rest here. 1t says
'The Senate shall have the sole
power to try all impeachments.
When the President of the United
States Is tried, the Chief Justice shall
preside and no person shall be con-
victed without the concurrence of
two thirds of the members present."
The Chief Justice is transplanted
from the Supreme Court to preside
over the Senate, not the "Court of
Impeachment" for the Constitution
nowhere calls 1t a Court As pre-
siding officer of the Senate during
trial, he is not. Chief Justice, but
Salmon p. Chase, called from his seat
on the bench, to preside at trial by
the Senate. He is not member of
the Senate, for. the Constitution else
where points out and defines the
qualifications of the members Of that
body. The Vice President of the
United States, as presiding officer of
that body, Is not member of the
Senate and cannot vote, except when
certain occasions arise pointed out by
the Constitution. The Constitution
nowhere says that the presiding off,
Ger shall have the casting vote,n
but that the Vice President may have
1t In certain contingencies. The per-
son holding the Office. of Chief JUS
tice, when presiding officer of the
Senate, is not Tce President, but on
ly called to preside during certain
trials of Impeachment. He has no
more right to exercise the functions
of Senator by voting, than would
attorneys In his Court have the right
to decide questions of law, because
they are allowed by law to practice
in his Courts. On the bench he is
Chief Justice, off of it, Salmon p.
Chase. The title given him when
not discharging his official duties, il
a courtesy and that only. It is not
the Office that presides over the Sem
ate, but the man, who for the time
being, holds the Office of Chief JUS
tice. He carries none of his Judicial
quallties with him, but goes alone.
To preside means the same every
where. The makers of the Constitu-
ton prepared an instrument as
charter. for the liberties Of the people
not paper over which lawyers were
to wrangle. IL is no part of the priv
ilege of presiding officer to vote,
and in any assembly where be does
vote on a tie, it Is not because he is
presiding officer, but because he is a
member of the assembly, over which
he Is called to preside, except in the
manner pointed out by the Constitu.
ton. The Chief Justice we have
shown is no member of the Senate,
and therefore his right to vote under
any circumstances, must be derived
from the PLAIN reading and meaning
OF the Constitution. He is excluded
by the words members present." for
he is not one of the members of that
body. Senators and they alone have
the "sole power to try" and "try"
means not only to hear the evidence,
but TO decide.