North Iowa times. [volume] (McGregor, Iowa) 1867-current, 1868-03-11


The business has begun. The House o.
: REPRESENTATIVES, sent q committee to the
Senate charging the President with sundry
had things. The Senate responded gravely
I,stice Chase was advised. Chase didn't
feel well about it and wrote letter which
follows: .a...... .-
The Chair submitted the following:
To the Senate of the United States
Inasmuch as the sole power to try i'm
peachihent is vested by the constitution IN
the senute, uhd it is made the duty OF the
chief Justice to preside when the president
is on trial, L take tho liberty of submitting
very respectfully, some observations in re-
spect to the proper mode of proceeding up
on the impeachment which has been pre-
ferred by tho House Of Representatives
against the president now in Office
That, when the senate sits for the trial
Of an impeachment, it sits as II court,
seems UNREASONABLE that, for the trial
of an impeachment Ct the president, this
court must be constituted Of the member 9
'ofi the senate, with the chief justice pre-
siding, seems equally SO. The Fcderaiist
is regarded as the highest cotemporary
authority on the constitution, and in the
Gath number of the functions of the sem
ate, sitting in a judicial capacity, as a
court for the trial of an impeachment, are
examined. Ina paragraph explaining the
reasons for uniting the supreme court with
the senate, in the formation Of a court of
impeachment, it is observed that the ex-
tent of the union is to be obtained by maxi
ing the chief justice of that court the pres
ident Of the court of impeachment, as is
proposed in the plan Of convention, viii Q
onne Inconvenience of an entire incorpora-
don Of the former into the latter will be
substantially avoided. This was, perhaps,
Che prudent means. This authority seems
positions just stated, and Il statement of
them will serve to introduce question
upon which think it my duty to state
the result Of my reflections to the senate,
namely At what period in the case of an
impeachment Of the president should the
court of impeachment be organized un-
der oath MS directed in the constitution.
twill readily suggest itself to any one
who reflects on tie abilities and learning
in the law which distinguish SO many SEN
ators that, besides the reason assigned in
the Federalist, there must have been still
another; for, in the provision requiring
the chief justice to preside in the court Of
impeachment, under the constitution, in
case of u 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 proceeding through which q
vacancy might be created. 1t was not
doubted that the senate, ile sitting in
:an ordinary capacity, must necessarily re-
'ceive from the house of representatives
rome notice of its intention to mpcach the
president at its bar; but it does seem to
me an unwarrantabie opinion, Ii; view of
this constitutional provision. that the or
ganizatiOn of the senate us court of i'm
parchment, under the constitution, should
lprecede the &C u,l announcement of the
Impeachment on the part of the house;
and it may, perhaps, he thought IL still
less warranted, pinion that articles of i'm
parchment should only be presented to a
c ourt of impeachment; that no summons
or process should issue from an or. anized
court, aad rules for Il government Of the
proceedings Of such court should be franz
ed only by the court itself.
have found myself unable to come o
any other conclusions than these. can
as ign no Tea ons for requiring the sem
ate to organize as u court under any other
than its ordinary presiding officers, for
the latter proceeding is upon an ilnpea ch-
ment of the president, which does not
seem to me to apply equally to the earlier.
l AM informed that the senate has pro-
ceeded upon other views, and it is not my
purpose to contest what it's superio: wis
dom may have directed. All good citizens
will fcryently pray that no occasion may
ever arise when the grave proceeding now
in progress will be cited as IL precedent,
but it is not im possible that such an occa-
sion may come. inasmuch, therefore, as
the constitution has charged the chief jus.
ticc with an important function in the
trial Of the impeachment Of the president,
it has seemed to me fitting and obligatory,
where he is unable to concur in the views
Of the senate concerning matters essential
to the trial, that his respectful dissent
should appear. S. 2. CHASE,
Chief Justice United States.
The letter implies that the senators
didn't know what they were about. 1T is
now said that Ben. Wade, the acting Vice,
will be prohibited from voting because he
is interested in the Succession sho'd John.
son be convicted. The wrangle among
rivals looks now as if radcalism is about
to hang itself. Give it rope and all will
be well. Dissension in extensive form is
among them. 1t is not necessary to give
detail Of the proceedings thus far the
issue is to come. In another part OF ouI
paper is the, latest on this subject. John
son cannot be convicted legally, though be
may possibly be by partisan jurors who
do not know the essence of voir aire be-