Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1868-04-08
MONTPELIER, VI:
WEDNESDAY, APRIL 8, 1868,
Judge Chase and Impeachment.

There has been, since it was settled that
the President was 30 be tried for high crimes
and misdemeanors, a persistent attempt on
the part of the conservatives, and on the
part of some Radicals, to represent Chief
Justice Chase as DESTROYS that the President
should be acquitted and as intending to use
his position rs the presiding officer of the
Court Of Impeachment to secure that result
These attempts have had no foundation in
fact, bat have rested wholly upon the sensa-
ton stories of imaginative newspaper cor res
pondents. But the rumor makers have
been SO industriously plying their vocation,
while Chief Justice Chasc's position forbid
his noticing the slanderous stories, that it
has come almost u be understood that Judge
Chase was hostile To impeachment and would
pat what Obstacles he could in the way of
the managers on the trial An unfortunate
difference between the views of the Chief
Justice and those Of many Senator's in re-
spect to his powers as presiding officer,
well "a In respect T. whether the tribunal
was t. become a Court or still remain the
Senate Of the United States, gave suspicious
minds some ground for apprehension and
the persistent praise of fudge Chase by Dem
Ocrats and c)nservati ves added much to this
distrust among the Republicans The action
of the Chief Justice and that of the Senate
and the mana gers last week, in respect to the
powers Of the PRECEDING Officer, furnished
these newspaper @ossips 50 much more ma
teriai for nsltionIl speculation. that it is
due to judge Chase that his exact position
lIarrlI hc H. IL
able to see how little reason there is for Re-
publican distruss or Democratic Iaudation of
the Chief Justice.
The whole difference between Judge Chase
and the Senate has been one that has no con-
neetion whatever with the guilt or innocence
Of President Johnson, but is wholly a
question in respect to the character of the
tribunal and the presiding officers right
and duties 1T connection with that tribunal.
Judge Chase holds that the Senate becomes
Court of Impeachment, and that he, as pre-
siding officer is 4 member Of the Court, with
the right TO decide all questions of order or
evidence which may arise, subject to an APP
peal to the Senator'S, sitting rs Judges, by
any Senator; and also with the right to vote
ate. The Senator's who differ from this po-
sition hold that the Chief Justiceis no part
of the court, and should have no voice in de-
Gliding any question which may arise, his
functions being only u maintain order and
submit all questi0ns-without expressing
any opinions of his Own-directly to the
vote of the Senate. Which of these positions
gr.,U
and the Republican members of the Senate
are about equally divided upon them. We
doubs however, whether there is Repub-
lean Senator who. if ne were Chief Justice
of the Supreme Court of the United States,
would not. placed ia Judge Chase's position,
ID precisely what that officer has done. A
Chief Justice certainly cannot have much re-
spect for his Ollie who would be satisfied
with being the mere ornamental fsure-head
of an impeachment trial.
The debate oa this question last week
arose oat IF an objection made by the Pres-
dents counsel t. a question which Gen. But
Ter had askei witness. judge Chase at
once ruled tlrlt the question was proper
Senator Drake, of Missouri said the presid-
Iti- JIM % AAtA H. IL ~ tC-tAC ItiC HutH-
ton bat should have submitted it to the
Senate The managers took the same view,
and argued the point at length, citing many
forcble prece tents from impeachment trials
in England in support of their position Fin
ally the Curt, ~ the casting vote of the
Chief Justice, retired for deliberatiOn, and
after three hours spent in considering the
subject, adopted rule seven, given elsewhere
in our report of the impeachment proceed
ings
The rule is a substantial endorsement of
the views held by Judge Chase but we are
entirely unable to see how the Presidents
friends can extract any comfort from it, or
how its enforcement emblrrass the man
ayers in their prosecution Of the case. 1t
Will, it is apparent, hasten the progress OF
the trial. and must thus shorten the hearing,
which is most desirable. IL at ..the same
time leaves the Senate at liberty to reverse
the ruling of the presiding officer at any
time, thus practically taking from it no pow
er which any one claims for it. 1t indicates
nothing of Judge Chase's views of the guilt
of the impelchei official at the bar of the
Senate nor is it any expression of the
views of these Republican Senator's who vo-
tel for it on the questions ultimately TO be
decided. The consolation which Democrats
derive from it, and the apprehension which
1t has given rise to among many anxious Re-
publicans, are alike unfounded.
That Democrats should persist in prasing
the Chief Justice, and in magnifying this
difference of opinion in respect to methods of
procedure into a division of sentiment on
the main question, is not surprising, as they
can lose nothing by such a course, and evil
IDENTIFY hope to fan these sparks of difference
on minor topics into a flame of division on
tie impeachment itself. But why Republic
cans should make haste to distrust Judge
Chase and suspect Republican Senators who
agree with him these preliminaries, of
preludging the case in favor of the President,
we cannot understand. Judge Chase. as an
individual Undoubtedly has the same opinion
of President johnson that the majority of
Republicans entertain but he Is not there
fore obliged to agree with the m anagers that
the Chief Justice is merely ornamental
presiding officer during the trial. The two
questions have no possible connection
We hope the public will dismiss their anx-
iety on this subject, and not be hunting in
every incident of the trial for hint as to
the nrobabe final vote and when they DO