Year: 1868

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was designed by the early fathers who framed
our constitution to act in unity of purpose for
the general good. The powers, duties and
responsibilities of all three branches-execu-
tive, legislative and judicial-were precisely
defined, so that there might be no en-
croachment by the one department upon
either of the others. To hold the Execu-
tive to his duties and responsibilities provision
was made for his impeachment whenever
charged by the House of Representatives with
''high crimes and misdemeanors;" and these
charges so presented by the House were to be
tried before the Senate, but not before the
Senate alone. In order to place check upon
the incessant tendency of legislative bodies to
absorb and usurp all powers of the State, it
was specially provided that over the delibera-
tions of the Senate when trying the President
of the United States the Chief Justice Of the
United States should s'preside," thus placing
this third branch Of the government as
non-partisan and experienced interpreter Of
law and justice between the Executive
upon the one side, and the accusations,
the passions or the party necessities of an in
famed Congress upon the other. This pro-
vision was compromise suggested by q
special committee, consisting of Morris,
Madison and Hamilton, between three conflict
accused President should be tried. The first
Of these was that when impeached by the
House the President should be tried before q
full bench of the Supreme Court of the United
States alone The second, that he should be
tried before the Senate alone. The third, that
he should be tried before the Senate and all
the judges of the Supreme Court together.
1t was decided, however, on the report
of Madison, Hamilton and Morris, that
the trial should be had before the
Senate, the Chief Justice of the United States
presiding both Madison and Hamilton in their
speeches upon the subject and in their written
comments thereupon, expressly setting forth the
danger to be apprehended from the passions
and usurpatons of partisan legislative body
encroaching on the prerogatives of the Exc
cutive, and both of these high authorities
coinciding in the Importance ofhaving the Chief
Justice to ''preside" over the trial as an ex


ponent and guardian of the law and as q
restraint upon any illegal or usurpational ten
dencies of the Senate. It certainly, therefore,
was not as mere fgurehead or recording
clerk for the decisions of an infamed Congress
that the highest judicial officer in the United
States was named to sspreside" on the momen-
tons occasion contemplated. It was that by
his judicial authority and decisions he should
restrain both the accusers and the Senate
within legal bounds in the examination of
witnesses and the arrival of the tribunal at its
conclusions; and 1t is this duty which Chief
Justice Chase has now devolved upon him in
the pending trial of President johnson.


That this duty will require infexible firmness
and high moral courage for its due discharge,
the proceedings of the Senate ever since this
impeachment trial has become party measure
leave us no room to doubt. Apparently con-
scious that the charges against the President,
even If proved, can in no sense be brought
under the legal definition of ''high crimes and
misdemeanors )" conscious that, in the eyes of
any other laws but those of good taste, these
charges are essentially ''vexatious, frivolous
and without substance" and apprehensive lest
the Chief Justice, faithful to his oath of Office
and conscientiously expounding the laws
of the United States and the common law
of the land, should interfere with their
predetermined purpose of removing President
johnson as an obstruction to their partisan
schemes for retaining usurped authority, we
have seen the radical majority of the Senate
consistently, persistently and actively laboring
to reduce the role of the Chief Justice in this
great legal drama to an absolute and contempt-
BILE nullity-to a position, in fact, very much
like that of some round-bottomed porcelain
Mandarin or Turk, some toy with which chill


dren amuse themselves by making it nod back
ward or forward in blind obedience to their
touch In the adoption of rules by the Senate
on the conduct Of the trial even the poor cour-
tcsy Of submitting such rules to the Chief JUS
tice before their adoption was not thought
necessary. Nor, indeed, can we well see how
they could have been 80 submitted; for
nearly all their material parts, where
not directly aimed against the defendants
rights, were intended as decisive blows against
the authority of the Chief Justice, who was to
be hampered here, silenced there, and out
voted everywhere by his partisan jurymen,
whenever either a point Of law came up for
his decision, or whenever his conscience,
knowledge Of law or patriotic feeling might
prompt him to interpose any check or delay
upon their predetermined purpose of removing
the constitutional President of the United
States and placing creature Of their own in
his stead. These insults to the highest ermine
Of the land, and these prearranged invasions
Of the rightful powers and prcrogative Of the
Chief Justice in this trial, may be said
to have eliminated last Friday in the
motion of Senator Drake that the Chief