Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1868-03-10
IMPEACHMENT.
Opinion of Chief Justice Chase.


ate, on Wednesday, and referred to select
committee for consideration
To the Senate Of the United States:
Inasmuch as the whole power to try inn
parchment is vested by the Constitution in
the Senate, and it is made the duty of the
Chief Justice to preside when the President
is on trial, 1 take the liberty of submitting,
very respectfully, some 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 Office.
That when the Senate sits for the trial Of
an impeachment it sits as a Court, seems un-
questionable.
Thatfor the trial of an impeachment of
the President, this Court must be constituN
ted of the members of the Senate, with the
Chief j Justice presiding, seems equally I'M
questionable.
The Fedeyazjst is regarded as the highest
contemporary authority on the construction of
the Constitution, and in the Gath number,
the functions of the Senate "sitting in their
judicial capacity as Court for the trial of
Impeachment" are examined.
In paragraph explaining the reasons for
not uniting ..the Supreme Court with the
Senate in the formation of the Court of I'm
parchment" it is observed that "to certain
extent, the benefits of that union will be OBJ
tanned from making the Chief Justice Of the
Supreme Court the President of the Court of
Impeachment, as is proposed in the plan OF
the Constitution, while the inconvenience
of an entire incorporation of the former into
the latter will be substantially avoided. This
was, perhaps, the most prudent means"
This authority seems to leave no doubt up
on either of the propositions just stated. And
the statement Of them will serve to introduce
the question upon which think it my duty
to state the result of my reflections to the
Senate, viz: At what period, in the case OF
an impeachment Of the President, should
the Court OF impeachment be organized, I'M
der oath, as directed by the Constitution.
1t will readily suggest itself to any one
who reflects upon the abilities and the learn
ing in the law which distinguish So many
Senators, that besides the reason assigned in
the FcderaLiSt there must have been still
another for the provision requiring the Chief
Justice to preside in the Court of 1mpeach-
ment. Under the Constitution, in case of a
vacancy in the Office OF President, the Vice
President succeeds; and it was doubtless
thought prudent and BETTING that the next
in succession should not preside in proceed
ing through which vacancy might be crea>
ted.
1t was not doubted that the Senate while
sitting in its ordinary capacity, must neces-
sarily receive from the House of Represen-
tatives some notice Of its intention to i'm
peach the President at its bar, but it does
not seem to me an unwarrantable opinion in
view of this constitutional provision that the
organization Of the Senate as Court of In
parchment under the Constitution should
l. a. q h.
parchment on the part, of the House. And
it may perhaps be thought still less unwar-
rantcd opinion that articles of impeachment
should only be presented to Court of I'M
parchment, and that no summons or other
process should issue except from the organ
lied Court, and that rules for the govern
ment of the proceedings Of such court should
be framed only by the court itself.
| have found myself unable to come to any
other conclusions than these, and can assign
no reason for requiring the Senate to organ~
ize as a Court under any other than its ordi-
nary presiding officer for the later proceed
ipgs upon an Impeachment of the President
which does not seem to me to apply equally
to the earlier
I am informed that the Senate has pro-
ceeded upon other views, and it is not my
purpose to contest what its superior wisdom
may have directed.
All good citizens will fervently pray that
no occasion may ever arise when the grave
proceedings now in progress will be cited as
precedent, but it is not impossible that such
an occasion may come.
Inasmuch, therefore, as the Constitution
has charged the Chief Justice with an i'm
portant function in the trial of an impcach-
ment of the President. it has seemed to me
fitting and obligatory, where he is unable to
concur in the views of the Senate concern
ing matters essential to the trial, that his re-
spectful dissent should appear.
[Signed7 S. P. CHASE,
Chief Justice United States.
Washington, March 4, 1868.
The next day after this letter had been
the arm of Mr.. Pomeroy, and followed by
Messrs, Wilson and Buckalew, the commit
tee appointed to escort him, appeared at the
outside bar Of the Senate. The members of
the House of Representatives fol lowed The
President of the Senate announced the sus
pension of all business for the purpose of pro-
ceeding with the business of impeachment
and vacated the chair. The Chief Justice
advanced and took the seat of the presiding
officer He then said: Senators, am
here in obedience to your notice for the pur>
pose of proceeding with you in forming a
Court of Impeachment for the trial of An
drew johnson, President of the United States.
am now ready to take the oath" Associ-
ate Justice Nelson then administered the
following oath to the Chief Justice: Il do
solemnly swear that in all things appertain-
ing to the trial of impeachment Of Andrew
johnson, President of the United States, now
pending, will do impartial justice, accord
ing to the Constitution and the laws. So
help me God" The oath was then admins
tered to the Senators in succession, the same
oath being taken by all, until Mr.. Wade's
name was called. Mr.. Hendricks then rose
md submitted the nuestinn To the Senate