The Van Buren press., 1868-03-20
FROM WASHINGTON.
Letter from Judge Chase,
WASHINGTON, March 4

III the ocaASAtc, anu IL 10 made The duty OF
the Chicf~Jiisticc 10 preside when the
President is on trial, take the liberty of
submitting very respectfully some oh.
seryations in respect TO the proper mode
Of proceeding upon the impeachment
which has been preferred by the House
of Representatives against the President
nowin Office. That when the Senate sits
for trial OF an impeachment it sits as a
Court, seems unquestionable. That for
the trial of an impeachment of the Presi-
dent, this Court must be constituted of
the members Of the Senate, with the Chief
Justice presiding, seems equally so. The
Federotis. is regarded as the highest CO.
temporary authority on the construction,
and, in the G4th number, the functions of
the Senate, sitting in judicial capacity
as a court for the trial OF impeachment,
are examined ina paragraph. explaining
the reasons for uniting the Supreme Court
with the, Senate in the formation Of II
Court of Impeachment 1t is observed
that to ascertain the extent of that union
TO be obtained from making the Chief
Justice of that court the president of the
Court Of Impeachment, as is proposed in
the plan of the Convention, While the in.
convcniences of an entire Incorporation
OF the formerinto the latter will be sub
stantially avoided This was perhaps
the prudent means. This authority seems
to leave no doubt upon either Of the
propositions jnststated, and the statement
of them will serve to introduce the ques-
ton upon whichI think it my duty to
state the result Of my reflections, namely !:
At what period ia the case OF an iilllpeacil-
mcnt of the President should the court, if
impeachment be organized under oath, ,as
directed in the Constitution? 1t will
readily suggest itself to any one who re-
fleets on the abilities and learning in the
law which distinguish SO many Senators,
that besides the reason, assigned in the
Fedcralist, there must have been still an
other for the provision requiring the
Chief Justice to preside in the court of
impeachment. Under the Constitution,
in case of vacancy in the oliice of Pres
ident, the Vice President succeeds and it
was doubtless thought prudent and betit-
ting that tue next in succession should
not preside in a proceedings, through
which vacancy might be created. 1t
was net doubted that the Senate, while
sitting in its ordinary capacity, must nec-
essariIy receive from the House of Rep
resentatiyes some notice Of its intention
to impesell the President at the bar But
it does seem to me an runwarrantablc o.
pinioil in view Of this constitutional prov
ince that the organization of the Senate
as Court of impeachment under the
Constitution Should preccde the actual
announcement Of the impeachmenton the
part ofthe House, and it may perhaps be
thought still less unwarrantcd opinion
that articles of Impeachment: should only
be presented to a'Court Of Impeachment
that no other summons orprOcess should
issue from the organized court, and that
the rules for the government of the pro-
ceedings Of such Court should be framed
only by the court ITSELF l haycc found
myself unable to come to any other con-
clusion than these. ! can assign no rcas-
on for requiring the Senate 70 organize
as court under any other than its ordi--
nary presiding officer, for latter proceed
ings upon an impeachment of the Presi-
dent, which does not seem to me to ap
ply equally to the earlier. ! am inform
ed that the Senate has proceeded upon
other views rpal itispot my purpose to
contest what its superior wisdom may
have directed. lrf .r.ge.. go. y is.yq11 4
Allgood citizens will fervently pray
that no occasion may ever arise where
the grave proceedings now in progress
will be cited as precedent. But is is not
impo ssibie that such an occasion may
come ' p" ''"u ".g
'Inasmuch, therefore, as the Constitu.
ton has charged the Chief Justice with
an important function in the trial of an
impeachment of the President, it has
seemed to be fitting and obligatory that,
where he is unable to concur, in the views
of the Senate concerning matters essen
tial to treat, that his respectful dissent
should appear. va ga'7, - va
,n,...,,f.r SALMON =. CHASE, ,a.T
. Chief Ju 'tice of the United States. ~
.uT'gtt is1e 81 ,wrr. 'Hr1u ..o.aa a'H7m
t,o11i' .'"s ''' WAsuSGroN, March 8.
AS early as o O'Clock this morning all
the avenues leading to the capitol were
throiycd, for it was Known that the Sen
ate would, at O'Clock, resolve itself into
a High Court, whirh is to weigh and der
termine Andrew Johnson's right to cons
tinue in Office. Long before the lfour of
noon the galleries of the Senate were
crowded with an attentive rconconrse
both sexes. The ladies' gallery present
ed an unusually brilliant appearance, and
It's occupants chattcd like ten thousand
magpics until rap ofthe Vice President $
gavcl awed them into silence, and warned
them Of a prayer from the Chaplain,
which Immediately followed! ,,h on
A moment later the Chief Justice, c,easily
recognizable in his judicial robes, enter.
ed, accompanied by Senator Pomcroy on
his left and followed By judge Nelson,