Year: 1868

the following:


To the Senate Of the United States:


Inasmueh as the sole power to try
impeachments is vested by the Con-
stitution In the Senate, and it is made
the duty Of the Chief Justice to pre-
side when the President Is on trial, |
take the liberty Of submitting, very
respectfully, some observations in re-
spect to the proper mode of proceed
ing upon .he impeachment which has
been preferred by the House of Repre-
sentatives against the President now
in office: That when the Senate sits for
the trial Of an impeachment, il sits as
a court, seems unquestioned; that,
for the trial of an impeachment of
the President, this court must be
constituted of the members of the
Senate, with the Chief Justice
presiding. seems equally so. The
Federalist is regarded as the highest
cetemporary authority on the con-
struction of the Constitution, and in
the sixty fourth number the functions
of the Senate, sitting in the judicial
capacity as a court for the trial of i'm
peachment, are examined in a para
graph explaining the reasons for unit
ing the Supreme Court with the Sen
ate In the formation Of d court of i'm
peachment. 1t is observed that to
ascertain the extent Of that union,
it be Obtained by making the Chief
Justice Of that Court the President
of the Court of npeachment, as is
proposed in the plan of the
convention, while the incon-
7eniences of an entire incorpo-
ration of the former into the
latter will be substantially avoided
This was, perhaps, the most prudent
means. This authority seems to leave
no doubt upon either Of the PROPOSE
tions just stated, and the statement
of them viii serve to introduce the
question upon which I think it my
duty to state the result of my refiec-
tions 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?
1t will readily suggest itself to any
one who reflects on the abilities
and learning In the law, which
distinguish so many Senators, that be-
sides the reason assigned In the Fed
erGList, there must have been still
another, for the provisions require
the Chief Justice to preside in the
Court Of impeachment. Under the
Constitution, in case of a yscancy In
the office of President, the Vice Pres
ident succeeds, and it was doubtless
thought prudent aud BETTING that the
next In succession should not preside
In a proceeding through which a va
cancy might be created. 1t was not
doubted that the Senate, while sitting
in its ordinary capacity. must neces-
sarily receive from the House of Rep
resentatives notice of its intention to
impeach the President at its bar; but it
does seem to me an unwarrantable
opinion, in view of the Constitutional
| provision that the organization of the
| Senate as a Court of impeachment,
under the Constitution, should pre-
/ cede the actual announcement of the
| impeachment on the part of the
House, and it may perhaps be thought
a still less warranted opinion that the
| articles of impeachment should only
| be presented to a Court of Impeach-
ment; that no other process should
issue from the organized court, aad
that rules for the government of the
proceedings of such court should be
| framed only by the Court itself. |
| nave found myself unable to come to
any other conclusions than these; |
| can assign no reasons for requiring
| the Senate to organize as Court un-
| der any other than its ordinary pre-
siding officer for the latter proceed
ing upon an impeachment Of the
i President, which does not seem to me
to apply equally to the earlier. l am in
| formed that the Senate has proceeded
upon other views, and it is not my


purpose to contest what its superior
| wisdom may have directed. All good


citizens will fervently pray that no
occasion may ever arise, when
/ the grave proceedings now
In progress will be cited
I as a precedent, but it is not impos-


sible that such an occasion may come.


Inasmuch, therefore, as the COnstitu-


ton has charged the Chief Justice
with an important function In the
| trial Of an impeachment Of the Presi-
| dent. it has seemed to me fitting and


obligatory that where he is unable tC


concur In the views Of the Senate,


concerning matters essential to the


trial, that his respectful dissent


should appear.


(Signed:) ). Z. CHASE,


Chief Justice of the United States


On motion of Howard, 1t was or


dered to be printed and referred to a


Select Committee of seven.


At five minutes past one, the man


ayers appeared, followed by member;


Of the House, the latter raDginG
thnmsnlvas n11tsinn the har of thE