such a court should be framed only by the court itself.
I have found myself unable to come to any other conclusions than these.
I can assign no reason for requiring the Senate to organize as a court
under any other than its ordinary presiding officer for the latter
proceedings upon an impeachment of the President which does not seem
to me to apply equally to the earlier.
I am informed 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 as a precedent;
but it is not impossible that such an occasion may come.
Inasmuch, therefore, as the Constitution has charged the Chief Justice
with an important function in the trial of an impeachment of the
President, it has seemed to me fitting and obligatory, where he is
unable to concur in the views of the Senate concerning matters essential
to the trial, that his respectful dissent should appear.
S.P. CHASE,
_Chief Justice of the United States_.
PROCEEDINGS OF THE SENATE SITTING FOR THE TRIAL OF THE IMPEACHMENT
OF ANDREW JOHNSON, PRESIDENT OF THE UNITED STATES.
THURSDAY, MARCH 5, 1868.
THE UNITED STATES _vs_. ANDREW JOHNSON, PRESIDENT.
The Chief Justice of the United States entered the Senate Chamber and
was conducted to the chair by the committee appointed by the Senate for
that purpose.
The following oath was administered to the Chief Justice by Associate
Justice Nelson, and by the Chief Justice to the members of the Senate:
I do solemnly swear that in all things appertaining to the trial of
the impeachment of Andrew Johnson, President of the United States, now
pending, I will do impartial justice according to the Constitution and
laws. So help me God.
FRIDAY, MARCH 6, 1868.
THE UNITED STATES _vs_. ANDREW JOHNSON, PRESIDENT.
To accord with the conviction of the Chief Justice[76] that the court
should adopt its own rules, those adopted on March 2 by the Senate
sitting in its legislative capacity were readopted by the Senate sitting
as a court of impeachment. The rules are as follows:
[Footnote 76: See letter from the Chief Justice, pp. 718-720.]
RULES OF PROCEDURE AND PRACTICE IN THE SENATE WHEN SITTING ON THE TRIAL
OF IMPEACHMENTS.
I. Whensoever the Senate shall receive notice from the House of
Representatives that managers ar
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