Evening star. [volume] (Washington, D.C.) 1854-1972, 1868-02-25
MODE OF PROCEDURE IN TRIALS oT
IMPEACHMENT.


1t now becomes a matter of great interest tn
Know what are the forms of procedure in trials
OF impeachment In view of the arraignment OF
the President The following is the text of the
law OIL Impeachment as il is found in the Con-
sntutlon OF the United States Il will be seen
that the Chef Justice presides at the trial.
lhis provision was made in view of the mani
fest impropriety of committing 70 the Vice
President, himself in the line Of
succession, the conduct of pro-
ceeding which might res ult in making him
President; and more, the Speaker of the Senate
need not necessarily be lawyer-the Chief
Justice always must be.
Article J. Section IL The House of R,pre-
sentatiyes shall ch oose their Speaker and other
officers, and shall have the sole power Of i'm
parchment.
Article 1. Section III. The Senate shall have
the sole power 10 try all impeachments. When
sitting for that purpose they shall be on oath or
affirmation. When the President of the u nlted
states is tried the Chief Justice shall preside,
and no person shall be convicted without the
concurrt nee of two thirds of the members
present Judgment in cases of impeachment
shall not extend further than to removal from
office and disqualification to hold and enjoy
any office of honor, trust or profit under the
United States, but the party convicted shall
nevertheless be liable and subject to indict-
ment, trial, Judgment, and punishment accord
Article IL Section " The President, Vice
PTTsideat. and all civil officers of the United
States shall be- reno ed from Office on impeach.
ment for and conyiction of treason, bribery, or
other high crimes and misdemeanors.
In the case Of the Impeachment of President
johnson, on an appointed day the Senate will
convene as High Court of Impeachment, over
which Chief Justice Chase will preside Each
Senator will take oath as Juror in the case
The Secretary Of the Senate will forthwith in
foIm the House OF the readiness of the court.
The managers appointed by the House wall ap-
pear and seat themselves With n the bar The
chairman will read the articles Of impeach-
ment. The Chief Justice will advise the man
ayers that the Senate will take proper action.
The managers will withdraw. A summons
will b. sent upon the President. and eventually
the trial Will 90 on. At the conclusion Of the
evidence the Chief Justice will direct the Sec
retary TO rad the charge, and each Senator will
be asked in turn, by the Chief Justice, whether
he believes the President 10 be guilty, and will
answer. The next question asked Of every
senator will be whether the President shall be
disqualified 10 hold any Office of emolum ent or
trust under the United States.
The Senate, it will be seen, sits as Jury in
the case. They will establish rules regarding
argument and evidence, and must decide all
points of law without debate. The rules for
proceedings in Impeachment trials are well
Peck, of Missouri, the Senate made an elab-
orate investigation into all the precedents, and
established a full code of rules for the govern
mrnt of such cases. These rules have since
been applied in one or more cases. and il will
not b. necessary 70 spend any time in prelm-
inary matters, further than 10 organize prompt
" as court. While the Senate is sitting As
court OF impeachment. the House of Represen-
tauyes Is constructiyely present, and can do
no Legislative business. The House acts pros
eCutor in the case. II should not be understood,
however, that no legislative business can be
done while the impeachment trial is going on.
On the contrary, il is probable that Congress
will devote only certain hours of the day and
certain days of the week to the impeachment
trial, proceeding with usual business at the
same time There are various opinions as TO
the length Of time over which the trial will ex-
tend and this Will depend greatly upon the
number of articles OF Impeachment presented.
Should but one article be found, viz: that
touching the violation of the tenure OF office
act. the trial may be quite brief, no wit
nesses Will be required, the order Of the Presi-
dent 20 Gen- Thomas being held TO furnish ali
the proof requisite. In case, however, articles
charging him with opposing the reconstruction
M asuIes of Congress In the South, &c, &c,
should be brought forward, the proceedings
will BE- much delayed. and may last for months,
and perhaps not be ended before the conclusion
of MI Johnson's term.
The question has been raised whether the
other engagements OF Chief Justice Chase
would not compel him to defer the impeach-
msnt trial: but II is stated undoubted au-
tbOri'y, that no such obstacles will intervene
10 prevent the speedy commencement OF the
trial " hrneyeT the House Committee or seven,
charged with the preparation and prosecution
OF the presentment OF the President before the
Sepaie, shall have reported 10 that bo1y that
they are prepared to proceed. The engage
ments of the Chief Justice, among which is the
trial Of JEFF. Davis, may be attended TO by any
OF his associates, or even the District Judges,
In his absence. The impea chment trial weuld
In any event take precedence, in view OF the
dignity of the Office and the emergency OF the
case. The Chief Justice, in cases OF impeach-
ment, holds precisely the same relation toward
the Senate as does the. Speaker towards the
House and II is incumbent upon him TO re-
spOnd al once 10 the call OF the Senate 70 be-
come its pres lding officer.
Mes-rs. Stevens and Boutwell,. constituting
The committee Of two appointed by the resolu-
uon yesterday 10 present articles of impeach-
ment 10 the Senats, will present themselves
before the Senate to-day, and announce TO that
body that they have been instructed by the
House OF Representatives 10 present against
the President, Andrew johnson, charges of
the commission OF high Crimes and misde-
meanors, which they are prepared TO maintain
by proof. The committee will then retire. The
Senate will then notify the House that they
are prepared TO receive any further communi-
cation on the subject. After receiving that
communication from the Senate, the House,
through their committee Of seven, Whose
names are published elsewhere,) charged with
the preparation and prosecution Of the present.
ment- viii draw up the charges and present the
same, in form. 10 the Senate. II is understood,
on good authority, that these charges will not
be presented before Saturday, whereupon a
final Trial may be said to have been initiated.
The trial will then proceed AT the pleasure OF
the Senate.
THE REMOVAL OF Mr.. STANTON,
The presideutsS