Marshall County Republican. (Plymouth, Ind.) 1856-1878, 1868-03-12

IL the DrepoSlttOnS are admitted, tue uOc
trine oil his letter will follow, and il will
result that the opening action in the pres
eht Impeachment has been irregular. II Is
known that most Of the Senators entertain
different view. and regard their powers
as more extensive, and the fact of their
having proceeded yestertisyto adopt the
rules after knowledge Of the position
likely TO be takeD by the Chief Justice,
seems to indicate that his opinion viii not
influence their action in the matter, either
at this or any subsequent stage of the pro-
'ceedings The precedents, in all the cases
in which the Senate has heretofore acted
.ss a Court of Impeachment, are 10 favor of
Mr.. Chase's view that the rules can only
be adopted after the Court is organized:
On some other points the English prece-
dents seem To be against him, as elabo-
rately presented in the debate on the sub
ject yesterday by Roscoe Conkling.
The .follcwingis the letter in full above
referred 10: .
Tothe Senate OF the United States:
.lnasnuch IS the sole power to try i'm
peachmcnt is vested by the constitution in
the Senate, aud il is made the duty of the
Chief Justice to preside when the Presi-
dent is on trial, take the liberty of sub
hitting very respectfully scmc observations
in respect to the proper mode of proceed
ing upon the impeachment which has been
preferred by the House of Representatives
against The President now in Office. That
whcR the Senate sits for the trial of an i'm
reachment, il sits as a court seems TN
Questionable; that for the trial of an im-
parchment OF the President this Court
must be constituted of members of the
,.-sfh f1,a
seems equally so. The Fcderdlist is re-
garded as the highest contemporary authori-
ty on the construction of the constitution,
and in the 9th number the functions Of
the Senate sitting in judicial capacity, as
a ceart for the trial of impeachment, are
examined. In paragraph explaining the
reasons for uniting the Supreme Court
with the Senate in the formation of Court
of Impeachment, il is observed that the in
tent OF that union might be attained BY ma
King the Chief Justice of that Court the
President Of the Court of Impeachment, as
isp.opSsed in the plan of the convention.
while the Inconvenience OF az entire in
corporation of the former iIto the latter
will be substantially avoided. This was
perhaps the prudent means. This authori
y seems TO leave no doubt upon either of
the propositions Just stated, and he state
nent of them will serve to introduce the
question upon which think il M duty 10
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
under oath, as directed in the constitution?
II will readily suggest itself to any one
who reflects on the abilities and learning
in the law which distinguish SO many of
the Senator's that besides the reason assign
ed in the Federdfist, there must have
been still another for the provision requir-
ing the Chief Justice TO preside in the
Court ef Impeachment under the constitu-
ton In case of a vacancy in the office of
President, the Vice President succeeds,
and il was doubtless thought prudent and
betting that the next III succession should
cot preside in proceeding through which
a vacancy might be created. 1t was not
doubted that the Senate, while sitting in |
an ordinary capacity, must necessarily re-
ceive from the House of Representatives |
some notice its intention TO impeach the
President at its bar; but il does seem to me /
An unwarrantable opinion, rs view of this |
constitutional provision, that tue orgsuixa-
ton Of the Senate as Court OF Impeach-
ment under the constitution, should pre-
cede the actual announcement ofimpeach-
ment on the part of the House; and il may I
perhaps be thought still less warranted i
opinion, that articles of Impeachment /
should emily be presented TO Court of I'm Il
peachment; that no summons or process
should issue frem any but the organized Il
Court, and the rules for the government of
the proceedings of such Court should be
framed OILY by the Court itself I have
found myself unable to come to any other
conclusions than these. | can assign no
reasons for requiring the Senate to organ
lie as Court under any other than its or
binary presiding officer, for later proceed 1,
ings upon an Impeachment CT the Presi-
dent. which does not seem to me TO apply |
equally to the earlier. ! uniformed the
Senate has proceeded upon other views,
and II is not my purpose to contest what
its superior wisdom may have directed.
All good citizens viii ferventiy pray HAT
no occasion may ever arise when the grave
proceedings now in progress viii be cited
as precedent; bus it is not impossible
such an occasion may come. Inasmuch.
therefore, as the constitution has charged
the Chief Justice with al important func- /
ton in the trial Of an impeachment of the
President, II has seemed TO me fitting and
obligatory, where be is unable 10 concur
in the views OF the Senate concerning mat
tiers essential to the trial, that his respect
ful dissent should appear
s. p. CHASE,
Chief Justice United States.
The HIGH cocRT OF IMPEACHMENT.
WASHINGTON, March 5.-There was the
same great throng at the Capitol to day and
the same uncertainty in the minds of most
as prevailed yesterday. The note Of sIr.
Chase to the Senate Committee setting
forth in substance that the Supreme Court |
has agreed to hear the counsel In the Nc
Cardle case, and that he would be more at
liberty tomorrow, was magnified by rumor
and repetition into a positive refusal. on
the part OF the Chief Justice 10 attend even
after formal notification had been sent TO
the House of the Senates resolution to be-
gin proceedings in impeachment at one
o'clock. The impression was universal
that the Chief Justice would not appear.
However, at five minutes before one SEN
ators PoDieroy, Wilson and Buckalcw left |
the Senate Chamber together and went TO
The Supreme Court room To escort the Chief
Justice to the Senate, in accordance With |
the instructions of that body. TO the sur
prise OF everybody, the committee almost
Immediately returned with Mr. Chase, who
appeared III full robes at the door of the
Senate with Senator Pomeroy. followed by |
Justice Nelson, also !, his robes As the /
presentation OF articles against President |
was new scene in American history, and !
the appearance of Chief Justice in the 1
Senate Chamber to enter upon the trial of
president was without precedent. all spec-
tators gazed eagerly at the group waiting |
at the bar to be received, as they felt the
scene would never be repeated in tile limit
of their lives Mr.. Wade rose and made
order that all business should be suspended
to proceed with the consideration of i'm
peachpenf, and left the chair. with the re-
mark that it was now vacant for that pur-
pose. The Chief Justice then advanced.
followed by Justice Nelson, took the Vice
Presidents (Wades) position, and said:
SENATORS am here in obedience tn