The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1868-03-05
" CONGRESSIONAL
WASHINGTON, March 4.
SENATE.
The Chair submitted the following

SENATE.
The Chair submitted the following:
To the Senate Of the United States:
Inasmuch rs the sole power to try im-
peachments is vested by the COnstitu-
ton in the Senate, and it is mado the
duty of the Chief Justice to preside
when the President is on trial, take the
liberty of submitting, very respectfully
some observations In respect 10 the
proper mode OF proceeding upon I'M
peachment, which has been preferred by
the House of Representatives against
the President now in office, that when
the Senate sits FOR a trial of impeach-
ment il sits as court seems unqucS-
toned: that for the trial Of an impeach-
ment of the President this court must
be constituted Of the members of the
Senate, with the Chief Justice pre-
siding, seems equally so. The Federal
list is regarded as the highest contempt
raw authority on the construction Of the
Constitution, and IN the 44th number
the functions of the Senate, sitting III
the Judicial capacity Of Court for tie
trial of Impeachment are examined.
In paragraph explaining rea-
sons for uniting the Supreme
Court with the Senate in the
formation OF a Court Of Impeachment, it
is observes that to certain extent
that union is obtained from making
the Chief Justice OF tAa, Court
the President of the COaTt Of
Impeachment, as Is proposed
in the plan of The convention, while the
inconvenience of an entire incOTpOTa-
tion of the former into the latter will
be substantially avoided. This was,
PERHAPS, the prudent means. This au-
thOrity seems to leave no doubt upon
either Of the propositions Just stated,
and the statement OF them will serve to
introduce a question upon Which / think
it my duty to state the result of NY re-
Elections to the Senate, namely: 1t
what period in the ease Of az irpCach-
ment Of the President should the Court
of ImpeaC hm,nt be organized under
oath as directed in the Consultation
Ii will readily suggest itSCif 70 any
one who reflects on the abilities and
learning in the law which distinguished
so many Senators, that besides the rca-
son assigned in the FodcraliSt there
must have been still another for the
provisions requiring the Chic. Justice
to preside in the Court Of impeachment.
Under the Constitution IN case of a
vacancy in the Office Q! President the
Vice President succeeds and it was
doubtless thought prudent and betting
that the next III succession should not
preside in proceeding through which
vacancy might I've created. 1t was not
doubted that the Senate, while sitting in
its ordinary capacity, must necessarily
receive from the House Of Representa-
tive, some notice of its intention to i'm
peach the President at if5hIr, but il does
seem 10 mo au understandable opinion,
in view of the Constitutional provision
that the organization OF the Senate as
Court of Impeachment under the Con-
stitution should pTeCedc the actual an-
nouncement of the impeachment on the
part of the HOu>=, and it may, perhaps,
be thought still less unwarTanted
opinion that articles of impeachment
should only be presented to a Court Of
Impeachment; that no other sum
nous or process should issue from an
organized Court, and that rules for the
government of the proce edings Of such
Court should be framed only by the
Court itself have found myself un-
able to como 20 any other conclusions
than these. | can assign 10 reasons for
requiring the Senate 20 organize rs 4
Court under any other than the ordi
nary prcsidiRg officer, for later pro-
ccedInSS upon an impeaCE- |
ment of the President, which does
not seem to NE to apply equally to the
earlier. | am informed that the SEN
ate has proceeded upon other views,
and 1t Is not my purpose to contest
what ITS superior wisdcm may have
directed. All good citizens will fervcnt-
ly pray that no occasion may ever arise
wheH the grave proceedings now in
progress Will be cited as prece.
dent, but it is not impossible
such an occasion may come. Iuasmuch,
therefore. as the Constitution has
charged the Chief Justice with an i'm
portant function in the trial of an I'M
parchment of the President, it has
seemed TO me fitting aud obligatory, if
he is unable to concur in the views of
the Senate concerning matters essen
tial to the trial, that his respectful dis
sent should appear.
+ lSigned] S.P. CHASE,
Chief Justice L. :.
On motion OF MIR. Howard, it was or
dered to be printed and referred to
select committee of seven
AT five minutes past one the man
ayers appeared, followed by the men,
bers of the House, the latter ranging
themselves outside the bar of the Sem
ate, and the managers having taken
seats provided for them in the follow
ing order: Mr.. Bingham on the right,
Messrs. Boutwell,, Stevens, Logan, Viii
son, Williams and Batter. The Speak
OF of the House was invited to seat
beside the President pro tenn, and es-
corted to a seat by Mr.. Grimes.
Silence having been restored, the
chairman Of the committee, Mr.. Bing-
ham, said:
Mr.. President, the managers on the
part of the House Of Representatives,
by order of the House, are ready at the
bar of The Senate to present articles OF
impeachment for the maintenance OF the
impeachment preferred against Andrew
johnson, President of the United States.
The President pro tem.-The Ser
geant-at-Arms will make proclamation.
Sergeant-at-Arms-H We hear yei
all persons are ordered to keep silence,
on pain of Imprisonment, while the
House of Representative exhibit to the
Senate articles of impeachment against
Andrew johnson, President of tue Uni
ted States.