Year: 1868

The following communication was received
oy the Senate to-day from Chief Justice Chase
giving his views in opposition to the rules of
the Senate: ....f
To the Senate Of tie United States:-Inasmuch
as the sole power to try impeachment is vested
by the Constitution in the Senate, and it is
Irade 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 to the proper mode of
oeen preferred by the House of Representatives
against the President now in once.


That when the Senate sits for the trial Of an
impeachment il sits as court, seems unques-
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 unquesuonable.


The Federalist is regarded as the highest CO.
temporary authority on the construction of the
Constitution; and in the Gath lumber the fanc-
lions of the Senate, '.sittiLg in their judicial
capacity as a court for the trial of impeach-
ments" are examined. In paragraph ex-
planning the reasons for not uniting "the Su-
preme Court with the Senate In the formation
served hat "to certain extent the ben
efits of that union will be obtai ned
from making the Chief Justice of the
Supreme Court, the President of the Court of





Convention, while the inconveniences an
entire incorporation Of the former into the lat
ter willsbe substantially avoided" This was
perhaps, the prudent mean.


This authority seems to leave no doubt upon
either of the propositions Just stated. And the
statement Of them will serve to introduce the
question upon which I think ii my duty to
state the result of my reflections to the Senate,
namely: At what period, in the case of an i'm
pea chment of the President, should the Court
of Impeachment organize under oath, as direct
lxvt I'M N ,cta atbrfs


1t will readily suggest itself to any one who
reflects upon the abilities and the learning in
the law which distinguish so many Senators,
that besides the reason assigned in the Federal
ist. there must have been still another, for the
provision requiring the Chief Justice to pre-
side in the Court Of Impeachment. Under the
Constitution, IN case Of vacancy in the Office
of President, the Vice President succeeds and
il was doubtless thought prudent and BETTING
that the next In succession should not preside
in a proceeding through which vacancy


Ii is not doubted that the Senate, while sitting
in its ordinary capacity, must necessarily re-
ceive from the House of Representatives some
notice of its intention to impeach the President
at its bar; but it does not seem to me unwar-
ranted opinion, il view of this constitutional
provision, that the organization of the Senate
as a court of impeachment under the COnstitu-
ton should precede the actual announcement
of the impeac achment on the part of the House.


And 1t may perhaps be thought still less
nnw arranted opinion that articles of impeach- l.
nent snOulu only DE- presented 10 Il court Oh
impeachment; that no summons or other pro-
ceedings should issue except from the organized
Coult; and that rules for the government of the
proceedings of such a court should be framed
only by the court itself.


have found myself unable to come to any
other conclusions than these. l can assign no
reason for requiring the Senate to organize as a
Court under any other than its ordinary pre-
siding officer, for the latter proceedings upon
an impeachment of the President, which does
not seem TO me to apply equally 10 the earlier.
i am informed that the Senate has proceeded
upon other views; and il 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 gra We
proceedings now in progress will be cited as a
precedent; but it is not impossible that such an
occasion may come.


Inasmueh, therefore, the Constitution has
charged the Chief Justice with an important
junction in the trial of an impeachment Of the
President, it has seemed to me fitting and obli-
gatory, where he unable TO concur in the
views of the Senate concerning matters essen
tial to the trial, that his respectful dissent
should appear. s. p. CHASE,


Chief Justice of the United States.


WASHINGTON, March 4, 1868.