Year: 1868




WASHINGTON, Wednesday, March {. 1863
The communication which was sent by Chief-Jus-
tce Chase to the Senate to-day relative to the I'M
peachment rules, exctes much attention but 1t may
be remarked that it is q mere matter OF FORM anu
has bearing whatever upon the trial 1t IS purely
matter of opinion between Mr.. Chase and the nen-
ate, and the Senate, out of mere courtesy may T"
choose Teadopt the rules to regulate the tiai ater
it shall have resolved itself into judicial Douy Inc
communication was not however, uneApecVeu ny inc
Senate. 1t appears that some days ago one Oh tue
members of the Senate Impeachment committee
called on Mr. Chase 10 ascertain his views on the
subiect of Impeachment. and that then the Chief
Justice II is said. expressed the opinions embodied
in to-dav's communication The Committee, on
learning this framed the rules and instructed Sena-
for Conkling to prepare an argument as sort OF
answer to the Chief-Justce The following is the
Chief Justices letter. and appended is Senator COnk
lings speech, which was delivered in the Senate on
Monday:


CHIEF-JusTIcE CHAsE's LETTER.


To uE SENATE or THE USTrED STATES: Inasmuch az
the sole power to try impeachment is vested by the Con
stitution in the Senate ard is made the duty OF the
iefJusce to preside when tho President on trial,
take the liberty of submitting, very respectfully some
observations respect 10 the proper mode OF proceeding
upon the Impeachment which has been preferred by the
House Representatives against tho President in
office: That when the Senate sits for the trial OF an Inn
peachment IL sits Court. unquestionable that
for the trial OF impeachment Of the President, this
Court must constituted OF the members OF the Senate
with the ChefJusce presiding, equally unques-
tionable The Federdt is regarded she highest CO.
temporary authority the constitution OF the Consttn
ton and in the the functions OF the Senate
sitting in their judicial capacity Court for the trial
OF Impeachment are examined In a paragraph
explaining the reasons for uniting the Supreme
~ ~
Impeachment it s observed that certain extent tile
benefits Of that union will be obtained from making the
Chicfusce OF the Supreme Court the President of the
OF Impeachment, is proposed IN the plan O the
Convention while the inconvenience or an entire moor
poraon Of the former with the latter viii be subsn


TALLY avoided. This perhaps, the prudent mean
This authority to leave no doubt upon either OF the
propositions just stated and the statement Of them will
TO introduce the question upon which thhku my
duty 70 state the result OF my reflections 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
Will readily suggest Itself To any one who reflects upon
the abilities and the learning in the law which distinguish
so many Senators that, beside the reason assigned
in The Fod6TdiiSt, there must have been still
another for the provision requiring the CHEF
Justice TO preside In the Court Of Impeachment.
Under the Constitution. In case Of vacancy IN the
Office Of President the VicePrcsdent succeeds. and IL

next IN succession should preside in proceeding
through which . vacancy might be- created It WAS not
doubted that the Senate while sitting In It's ordinary
capacity must necessarily receive from the House OF Rep
resentatyes notice Of It's intention 10 upeach The
President at t bar But 1t does not seem 70 an nm
warrautabe opinion In view OF this constitutional pro
vision that the organization Of the Senate Court OF
Impeachment under the Constitution should Troccdo the
actual announcement OF the impeachment the part OF
the House ana II may hcrhaps. be thought sin lees
unwarranted opinion that aItieies OF impeachment
shonld only be presented 20 n Court " Impcach-
ment, that other summons or other process should
only be presented TO Court Of Impeachment, that no
summons or other process should issue except from the
organized Court, and that rules for the government Of
the proceeding such Court should be framed only by
the Court its have found myself unable TO come 90
any other conclusions than those. assign
for requiring the Senate TO organize Court under any
other ordinary presiding officer, for the latter
proceedings upon an impeachment OF the President,
which does not seem TO INC 10 apply equally to tho
earlier am informed that the Senate has proceeded
upon other views, aud IS not my purpose to contest
what No sperior wisdom may have directed. All good
citizens viii eryenty pray that ne o.ca.!oa may eIss
arise when the grave proceedings now IN progress Viii be
cited rs precedent but 1t not impossible that such
an occasion may come Inasmuch therefore, the Con-
stituton has charged the ChlcfJustce with an import
ant function in the ta Of Impeachment OF the Pres
dent, II has seemed to fitting and obligatory, where
he is unable TO concur views Of the Senate concern
ing matters essential to the trial. that s respectful DIS
sent should appear


p CHASE, ChiefJustice United States.


SENATOR CoNKLfyG's SPEECH.


Mr. PRESIDENT: IL the saying Of an ancient judge
that he did not hunger after jurisdiction and regret
that the Senator from Oregon treats IN squeson as ~
were obe assumed that share OF responsibility and OF
duty decide In trials Of impeachment was something
desirable TO ChiefJustice. He speaks Of Jealousy OF
the Chief Justice IL the question were whether We
should deny that high officer something We have power
70 confer and which he would claim wish. The ques
ton II il were properly here at this moment, as 1t
seems 10 me, was correctly stated by the
honorable Senator from Pennsylvania. lie inquired
whether We had u right TO impose upon the Chief
Justice duties which belong 10 ourselves. l pre-
fer TO take that the form Of the question 10
be considered If TO consider II at ALL and in reply
70 suggestions to which have listened beg to submit
fe surgestous The argument OF the Senator from Ore
CON is that the Constitution speaks Of the Senate as
entirety and because attached 10 the Senate as s pre-
siding officer the Vice President becomes member OF the
Senate and would be entitled TO like any member,
but that the Constitution says lac shall exercise the right
20 vote only in case OF te And the Senator seems TO
argue as did the Senator from Ohio that the general
declaration that the ChefJustce shall preside on the
trial OF the President Of the United States before the
Senate carries with 1t implication that he Is 10
vote, and TO vote member OF tho DOdy. we
may gain information at this point from the practice
and precedents under the British Constitution The
House OF Lords called at times the Court
OF the King in Parliament was, like the Senate an en-
tirefy An ascertaihed defined body. There was pre-
siding officer at all times and hrs existence and minstra
ton derived from the Constitution az much as from
onr Constitution proceeds the existence OF presiding
officer here This presiding ocer was sometimes nen
Ser of fe House OF Lords taken from the body 10 pre-
Side in it as presiding ocer for several sessions has
been taken from the members OF the senate Sometimes
the nresdinR officer in the Lords was made q
member OF the body ootemporaneously with
his iDstalment as presiding onlcer. Not
hr,ro ~, heen q peer before he ennobled al the
,inoa and thus became a member Sometimes not being


eor and therefore not member OF the Lords he pre-