The New York herald., 1868-03-05
TIE F0RTlETH CONGRESS.
Second session.

wAsHlSoros, March 1, 1858.

SENATE.
WASHINGTON, March 1858.
ALTON FROM CHIEF JUSTICE RELATION TO
The MPEAcHMENr RULES
The CHAIR laid before the Senate the following COM
munication from the Chief Justice Of the United
States:-
To TIE SENATE UNITED STATES
Inasmuch as the solo power TO try impeachment is
vested by constitution in the Senate and IL is made
the duty OF the Chief Justice to preside when the Pres
dent trial. take the liberty OF submitting, very
respectfully observations in respect to the proper
mode OF proceeding upon the impeachment which has
been preferred by the House OF Representatives
against the President now in ofhce:--That when
the Senate sits for the trial OF an impeachment
it sits as q court seems unquestionable. That for
the trial of impeachment Of the President this court
be constituted OF the members OF the Senate, with
the Chief Justice presiding, seems equally unqusstona-
bic The FsderaiiG ID regarded as the highest contem
porary authority the Of the constitution
and in the sixty.fourth number the functions
OF the Senate, sitting In their Judicial capacity "a
court for the trial OF impeachment are examined.
In paragraph explaining the reasons tor not
in the formation Of the Court OF impeachment il
IL observed that TO certain extent the benefits Of
that union will be obtained from making the Chief
Justice Of the Supreme Court the President Of the Court
Of impeachment as ID proposed In the plan Of the con-
on OF the former into the latter will be substantially
avoided. This was perhaps tho prudent mean.
This authority seems 10 leave no doubt upon either OF
the positions just stated and the statement Of them will
serve TO introduce the question upon which think II
my duty to the result OF my reflections to the SEN
ate: namely at what period In the case Of an impeach
mens tho President should the Court Of Impeach-
ment be organized under oath, IS directed BY the
IL will readily suggest itself to any one who reflects
upon the abilities and the learning in the law which dis
tnguish many Senators that besides the as
signed In the FederGst there must have been still another
for the provision requiring tho Chief Justice preside
In the Court OF impeachment Under the constitution In
President succeeds, and it was doubtless thought
prudent and behttng that the next In succession
should NOT preside in proceeding through which
that the Senate, while sitting In its ordinary
capacity, must necessarily receive from the House
Of Representatives some notice OF its intention to
impeach tho President at its bar but 1t does not
to uuwarrantabe opinion in view OF this constu.
tonal provision that the organization Of the Senate
precede the actual announcement OF the impeachment
on the part Of the House; and il may perhaps be
impeachment should only be presented to Court OF
Impeachment that no summons or other process should
issue except from the organized court and that rules
for the government or tho proceedings Of such court
shall be framed only by the court ITSELF
have found myself unable to come to any other
clusans than these. can assign reason for requIr
ing the senate organize court under any other
than It's ordinary presiding officer for the later pro-
ceedings upon impeachment Of the President which
does not seem mo TO apply equally to the earlier
am informed that the senate has proceeded upon
other Views and is moi my to contest test what
zens will ferventy pray that no occasion may ever
arise when the grave proceedings now in progress will
be cited as precedent but 1t Is not impossible that
such an occasion may come
lnasmuch. therefore, as tho constitution has charged
OF an impeachment of the President II has seemed TO
me fitting and obligatory where lie Is unable to concur
In the views or the Senate concerning matters essential
to The trial that his respectful dissent should appear
ST.. CHASE, Chief Justice of the United States
WASHINGTON, March 4, 1868.
On motion of Mr.. HOWARD, (rep.) OF Mich, 1. was
ordered printed and referred to the select commit
tee Of seven.
PRESENTATION or THE IMPEACHMENT ARTICLES.
AT five minutes past the Managers appeared, fol-
lowed by the members OF the House. the latter ranging
themselves outside the bar Of the Senate the Managers
taking the seats provided for them in the following
order: MFR. Bingham on the right, Messrs Boutwell,,
Stevens Logan, Wilson, Williams and Butler the left
The Speaker OF the House then invited to a seat
beside the President pro ien and escorted his
,eat by Mr. Grimes
Silence having been restored, the CHAIRMAN OF fHE
tdr. Bingham) said:-
Mr. President the Managers the part of the House
Representatives by order Of the House, ready at
bar Of the Senate to present articles OF mpeach-
for the maintenance Of the impeachment preferred
against Andrew Johnson President of the United States
Tho PRESIDENT pro tem,-Ihe Sergeant-at Arms will
mako proclamation.
The SHRGEAxr-Ar-ARNs--Hear ye Hear ye! Hear
yel All persons commanded to keep silence on
pain OF imprisonment while the House Of Representa-
ves exhibit the Senate Of the United States articles
of impeachment against Andrew Johnson, President Of
of the United States.
Mr.. BINGHAM then rose and read the articles Of i'm
peachmen the Managers also standing, with the excep-
reading OF tho articles concluded and the Managers
and other members OF the House retired.
ACTION or THE sESArE-IHE TRIAL 10 COMMENCE on
THURSDAY.
sir HOWARD, from the select committee or seven Of
fered the following resolutions and orders
Resolved, That a: one O'Clock tomorrow afternoon
the Senate Will proceed TO consider tho impeachment OF
Andrew johnson, President OF the United States at
which the oath affirmation required by the rules
Of the Senate sitting for the trial OF Impeachment shall
be administered by tho Chief Justice OF the United
states presiding officer OF the Senate sitting as aore.
sd TO each member OF the Senate, and the Senate Will
At the time aforesaid receive the Managers appointed
the House OF Representatives.
ordered, That the Secretary OF the Senate lay this
resolution before the House OF Representatives.
Ordered, That copy of the rules OF procedure and
practice in the Senate while sitting the trial Of i'm
psachment be communicated by the Secretary TO the
House OF Representatives, and copy thereof delivered
by him to each member OF the House OF Represent.
atives
Ordered That the articles OF impeachment presented
against Andrew johnson, President OF the United
States, be printed.
Mr. GRxES Crep) OF Iowa, moved that they bo con.
sdered rerirtim
Mr. DIXON tepl OF Conn, objected to their consider.
alton, bat afterwards withdrew the objection.
Tho motion OF Mr.. Grimes was adopted
The question on tho resolution
nr FDauNDs rep.) or W.. was opposed to the FIRST
part Of The resolution because by tho standing rules
they were required 10 proceed that duty oeoc
tomorrow. lie hoped II would be modified
Mr. HOWARD said the House was not bound by law to
take notice OF the Rules OF Procedure OF the Senate and
therefore resolutions accordance with the rule should
b presented to tho House for It's Information.
nr EpauSDs argued that II would form bad prece-
dent i might be held to be necessary in the future
lie moved 10 substitute for the frat order tho follow.
ing
Ordered That the Secretary be directed TO inform tho
rouse u representatives. that to morrow, at O'Clock
an lhe AFTERNOON, the Senate pursuant TO the standing
fales v proceed ~ the consideration OF the mpeach
Mens thai the house OF Representative presented
Ar BrcKA1Ew, dem y Of Pa, said the point had here.
toore been raised that after they sworn as court
tie CHER Justice beng present would be necessary
TO adopt relies perhaps those already adopted perhaps
othcra De suggested simply giving notice to the House