The New York herald., 1868-03-26

snow before the sun.
Title and Powers of tho Chief Justice.
In the once popular burlesque of "Poca-
hontas" the last scene was made political
allegory by the introduction of certain charac-
ters bearing the flags and having on their
shields the names of all the different States.
AT first they marched harmoniously together,
but gradually chickering's arose, and the North
ern States drew off on one side of the stage,
while the Southern States arrayed themselves
in line of battle on the other. Then rushed in
between them parti-colored creature en-
blematic Of slavery-black as night on one side
ing flaming torch, and with dissenson
between the opposing sections for his object.
To the Northern States was turned side Of
blacklist horror, while to the Southern States
the hue Of this strange creature was white
and stainless as the plumage of swan. We
all know the sequel. 1t has been written in
the blood of half million men and monu-
mented in their graves-the moral Of this ale
CORY being that in all important controversies
the respective parties shall at least commence
by trying to understand the general character
of the issue about which their dispute has
arisen.
1t is in this view that the exact position oc-
cupied by the Hon. Salmon P. Chase in the
comes a matter of the highest moment. By
the counsel for the defence, and by all the
Senators who affect respect for the constitu-
tion, Mr.. Chase is invariably addressed by his
constitutional title of ''Mr. Chief Justice"
while by Senator Sumner and the radical Sena-
tors in general, as also by the seven Managers
of Impeachment from the lower House, every
vestige of the judicial character and authority
is now sought to be stripped away from the
Chief Justice of the United States, and he is
continually addressed by the senseless title Of
'sMr. President, Bottled Butler endeavoring
to improve On this want Of due respect by
always referring to the said Chief Justice under
the purely impersonal and rather contemptu-
ous designation Of ''the Chair" eff the Chair
will allow me-" says Bottled Butler; ''the
Chair must see, and so forth.
1t is not becoming the dignity of Mr.. Chase
and the sanctity of our highest ermine, nor is
it just to the defendant, nor in obedience to the
constitution, nor in conformity with the re-
spect due to our court of last appeal, that any
question shall continue to exist in regard to the
exact capacity and function held by the Chief
Justice of the United States in the trial Of
President Johnson. It Is not q ques-
tion of mere words, but vitality af-
fects the character of the tribunal and
the powers of its highest officer To the
Jacobins who are now plotting the removal of
the President at all hazards, with or without
evidence, and on charges of an utterly frivolous
nature, it is the first essential of their des-
perate scheme that the Chief Justice shall at
once be stripped of all his judicial and there
fore potential attributes. To accomplish this
the revolutionists of our national Senate, in
violation Of all the early authorities on this
momentous issue, have refused to call them
selves ''court" while sitting for the trial Of
President Johnson. They have also refused
to recognize Mr.. Chase In his character of
Chief Justice-the only character, by the way,
under which he has any right to participate in
their proceedings. And indeed, under the
rules of trial which these conspirators have
established 1t will not be ''of the slightest con-
sequence" as Mr.. Toots would say, whether
Mr.. Chase shall be addressed as "Chief Jus
tice, "Mr. President, or be simply referred
A.. - lol D,,fla r-sth IL
tempt as ''the Chair" for under every title he
will be utterly powerless and worse than
nullity If he shall have so poor and mean a
spirit as to let his high Office be thus degraded
without protest and vigorous recalcitration.
We think it the clear duty of President John
sons counsel to raise this issue at the earliest
possible moment so that we may know whether
II is before Court of Impeachment the PreA-
dent Of the United States is now being tried,
as prescribed by the constitution, or whether
our national Chief Magistrate is being done to
official death by an informal and revolutionary
body Of partisan Senators who have cast off all
restraints Of law, all respect for their oaths and
all semblance Of Difference for the highest regi-
lar judicial tribunal in the land. II Mr.. CHIEF
Justice Chase shall tamely submit to the fet-
ters sought to be imposed upon his judgmen,
and action by the ''rules of trial" which the
Jacobins Of our Senate have adopted, he will
indeed deserve to be called 'the Chair" for he
will have no more practical power or voice in
guiding the trial over which IL is his duty
TO sspreside" than any other article of dumb
furniture in the Senatorial chamber. Let him,
therefore, at once raise the question of his
proper title by ignoring any Senator or Man
ager for the House who shall address him other
wise than as ''Mr Chief Justice;" and in the
side issue thus raised and to be argued we
shall obtain Q practical solution Of the problem
now before the country-whether II is before q
revolutionary and illegal tribunal Of Senator,
- L.. ~oso1vaJ tha ooIoaa tc4r Taoot;r