Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1868-04-09
CHER Justice Chase aud fhe fns-
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parchment.
When, several weeks ago, il was an
nounced that Judge Chase, in assum-
ing his position in the "bigh Court
of Impeachment (" as presiding officer,
would decide and rule all legal points,
he was vehemently denounced by the
Radical press and leaders, and and
boldly asserted that he dare not at
tempt it. The proceedings of the
Court on the 20 ult determined not
only this point, but eflectually ex-
ploded the ideas that the impeach-
ers had fondly entertained, that
they had the power to depose Andrew
johnson in such manner as to them
might seem right and proper, without
reference to law or justice.
Objection being made to certain ev-
idence on the part OF the prosecution,
the Chief Justice ruled that it was ad-
missible. Drake, of Missouri, imme-
diately arose and declared ia fierce
tone that the Senate, and not the
Chief Justice, had the right to make
decision. Judge Chase insisted that
it was his right, remarking--
I" That the Chief Justice would state to the Sen
ate, that, lin his judgment, it is his duty TO de-
cide on questions Of evidence in the FIRST instance
and II any Senator desires that the question shall
then be submitted TO the Senate, 1t is his duty to
do IL. So far as he is aware, this is the uniform
course Of practice trials Of persons impeached
10 the Senate of the United States"
Drake appealed, and then Butler
rose, and in mighty wrath proceeded
TO argue the question, contending that
il would put the managers to the dis
advantage of being compelled to ap-
peal to the Senate, as a body, when
the ruling was against them. Butler
went on 10 intimate that he had an
idea Of what the Chief Justice views
were, to which the Chief Justice en-.
phatically replied
I" The Chair will state that under the rules Of
the body he is the presiding officer. He is so in
virtue Of his office under the Constitution He is
Chief Justice Of the United States and therefore,
when the President is tried by the Senate, II is
his duty to preside In that body, and, as be un-
derstands, he Is therefore the President Of the
Senate, sitting as a Court Of Impeachment. The
rule Of the Senate Is the 9TH rule" IliI
This was a squelcher. Butler was
nonplussed. His hopes of making the
trial mere party caucus was defeat
ed. He declared the managers hands
tied, and the whole programme over
turned. But "he wasn't going TO
give it up So" Not him. He quoted
authorities, cited what he termed pre-.
cedents, anG said and did great ma
ny foolish things, but the Chief JUS
tice was infexible. Then came an
other loud quack from the Missouri
Drake. The Chief Justice determin-
edly called Drake to order, and Drake
subsidized. Conklin, Bingham, Bout
well, and Wilson, each in turn aired
their eloquence and legal learning,
but the Chief Justice remained innex-
ible as ever; after which, on Wilson's
motion, the Senate retired for consul
tation, the vote on the motion, tie,
being 25 to % The Chief Justice
voting in the affirmative, the motion
carried, and the Senate retired and
remained in secret session for over
three hours; during which period
Judge Chase occupied the floor sever.
al times and the excitement at times
ran high but the Radical went under
On the return of the Senate the Chief
Justice in q quiet manner announced
that, after consultation, the Senate
had directed him to report tho follow.
ing rule: fnfa tst
"RuLr I. The presiding officer OF the Senate
shall direct all necessary preparations in the SEN
ato Chamber, and the presiding officer Of the SEN
ate shall direct all the forms Of proceedings when
the Senate u sitting for the purpose Of trying an
impeachment, AID all forms during the trial, not
otherwise especially provided for; and the presid-
ing officer, the trial may rule on all questions
Of evidence and on incidental questions, which
decision will stand the judgment Of the Senate,
for decision, he may, at his option in the first
instance, submit any such question to vote Of
the members Of the Senate"
Butler and hs associates were ap-
palled and quickly rising, the hsro
Of Fort Fisher intimated that the
managers desired TO retire for consul
tation also The Senate not deeming
the opinions of the managers of much
account, adjourned, giving Butler,
Bingham, Boutwell, X Co. until noon
Of the next day to repair the break in
their bulwarks, which this unexpected
turn of events had made.
In the Senate consultation Mr.. Sum
ner offered an amendment to Mr..
Henderson's proposition as follows;
"That the Chief Justice presiding in the SEN
ate, In the trial Of the President Of the United
States, 10 not member Of the Senate. and has no
authority under The Consultation TO vote on any
question during the trial"
This was rejected by the following
vote:
YEAs-Messrs. Cameron, cattell, Chandler,
o.. ~. n - - n