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nocent," he was the oak to which the children and wife could have
clung as tendrils, and clung forever f Didhenotknowthatf Therefore
what a mockery it is, what worse than mockery to come here and say
that he damned himself to eternal infamy and brought eternal dis-
grace upon his family by this resignation which the common sense
and common judgment of mankind — as he well knew would be the
case — took as a confession of guilt, just as much as they would if a
horse had been stolen and the man on the horse was riding awav as
fiercely ashe could. No, Senators, thisis a far-fetched suggestion which
is made on the other side. I have seen General Belknap liere in court ;
I have watched his countenance; I have seen his manly form ; I have
heard that he has been in the Army as a soldier : and I do not see any
Senator before me who would sooner than he, if the truth would war-
rant it, say, ''I am innocent ; I will stand up; and if my wife has been
at fault in dealingwith this post-tradership tne world willforgiveher ; "
and this is true. When this evidence was presented to him did hesay " I
am innocent of thischargef " No; he fied before it and resigned, know-
ing at that time, knowing at that supreme moment of his life that
the whole universe would say he was guilty, and that history would
say that he resigned because he was guilty, and he comes into this



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340



TRIAL OF WILLIAM W. BELKNAP.



august tribunal and woold impose on these Senators the idea that ho
has got evidence that he will not bring forward, and yet he let his coun-
sel talk here by the hour forcing or attempting to force on the minds
of Senators the suggestion that the defendant is entirely innocent,
that he buried himself out of sight and resigned his high office simply
out of regard to his wife or some other feehng for her, when by that
very act he knew he was sinking himself and his wife and his chil-
dren into the deepest infamy of history.

There is another thing to which I desire to call the attention of
the Senate, and I shall not trespass on your attention much longer.
The defendant puts in what is known as a special plea, all of which I
need not read to you. He says he resigned because of a contract
with Hon. Hiester Cltmer. The plea states :

Hon. HnssTER Clymeb, chairman of said committee, then declared to said Bel-
knap that he, said Clymbu, Ahould move in the said House of RepreaentatiTes, upon
the statement of said Marsh, for the impeachment of him, said Belknap, unless the
said Belknap should reaiga his position aa Secretary of War before noon of the
. , . .. *, . ^ -.«- _ , _,^ «„ ,. ■'•( statement of

. said Belknap,

, _^ . ^ k protracted trial in

a forum which would attract the greatest degree of public attention, and the hu-
miliation of availing himself of the defense disclosed in said statement itself, which
would cast blame upon said other persons, he yielded to the suggestion made by
said Clthbr, chairman as aforesaid, believing that the same was made in good faitn
by the said Clymbr, chairman as aforesaid, and that he, said Belknap, would, by
resigning his position as Secretary of War, secure the speedy dismissal of saia
statement from the public mind, which said statement, though it involved no crim-
inality ou bis put, was deeply painful to his feelings, and did resign his said posi-
tion as Secretary of War, aa hereinbefore stated.

Senators, in regard to this plea, with no attempt by the defendant to
sustain it, in the hrst place we say that General Belknap sat by and heard
this very defense without evidence urged upon your attention, thereby
contradicting the plausible pretense that he had forbidden its intro-
duction. Large enough to have carried his counsel out by the ears,
he hears this very defense or a part of it uiged on the attention of
the Senate, although he alleges he had forbid<fon it. Again, Hiester
Cltmer, a gentleman of the highest character and the highest integ-
rity, has been on the stand, a gentleman the peer of any of us in
all that constitutes manhood. Why did not these three learned coun-
sel or one of them hapx>en to think that Mr. Clymer was on the stand,
a man of conscience and a man of honor, and by whom the defendant
coula have proved the defense that he resigned pursuant to a contract
that he should not be impeached, if such contradt was made t

Mr. BLAIR. Allow me to interrupt you and I will state why we did
not.

Mr. Manager LORD. Well, sir.

Mr. BLAIB. Because we did not think that was material to the
defense. It was in special answer to your replication to our plea.

Mr. Manager LORD. Not material to the defense does the counsel
say, to show some reason for this strange resignation t I have already
considered one pretense which has been paraded here, that he re-
signed ou account of his wife, thereby sacrificing himself, and her
too, and aU his children. Now if it were tnie that the counsel [Judge
Blair] who was connected with the case before the committee dared
not to call on Hiester Cltmer to testify to such a contract, then it is
trae that no contract was made that the defendant should not be
prosecuted in case he would resign, I aver that would be a motive
for resignation although an inadequate motive, yet it would be some
motive for resignation. Dare the learned counsel stand here for a
moment to say that if he believed he could prove to this tribunal that
the defendant was induced to resign because of the contract, he would
not have proved itt Would it not have gone so far as to show
that the defendant had some motive, although as just said an in-
adequate motive, to resisn 1 Would he have left the resignation en-
tirely foundationlees and without reason except on the theory of
guilt t

Mr. BLAIR. Will the gentleman allow me to interrupt him t

Mr. Manager LORD. Yes, sir.

Mr. BLAIU. As the gentleman reads the plea, the matter of the
contract is an inference from certain £ftcts which were stated, and
there was never any doubt about those facts

Mr. Manager LOkD. I do not want the gentleman to testify. Al-
though he is a distinguished man, if he is going to testify let him
testi^ under oath. 1 do not allow him to stand here and testify
about facts. I simply affirm that if that plea were true, if Mr. Clt-
mer agreed with Mr. Belknap that he would not impeach him in case
he should resign^ that being a kind of motive in that direction if it
were true, there is not one of these distinguished counsel but would
have proved it, and one of them would have occupied the attention
of this Senate at least an hour in showing that it was a sufficient
reason ; and I say I am happy for General Belknap's credit to find
that this plea was not sworn to.

Mr. BLAIR rose.

Mr. Manager LORD. I cannot yield any further.

Mr. BLAIR. I wish to ask the gentleman simply whether he will
say to the Senate

Mr. Manager LORD. The counsel may ask a question ; I object
only to liis testifying.

Mr. BLAIR. Yon asked me a question.

Mr. Manager LORD. No ; yuu were to ask me a question.

Mr. BLAIR. You asked if the Senate would not have had debate
here for an hour.



Mr. Manager LORD. I do not care about an argument; I do not
yield for that.

Mr. BLAIR. I ask the gentleman whether he would have consid*
ered that a valid defense.

Mr. Manager LORD. I will answer the gentleman, pro innto it was
a defense on the question of motive. There the defendant stood re-
signing, going down before this tempest without any i)08sible reason
assigned therefor, excepting in the imagination of counsel, excepting
assumed facts which, he says, General &lknap told him to withhold;
and I say that in the face of this resignation, in the face of the im-
pression which it made upon mankind and will make upon history, if
it were true that he resigned- because of a contract with Mr. Cltmer.
chairman of the Committee on War Expenditures, the counsel shoula
have proved the fact for what it is worth ; and I say again, if it were
true, he would have proved it.

Now, Senators, allow me for a few moments to call your attention
to what the learned counsel, Mr. Black, said in regard to gifts. I am
not going over the ground which he went over so eloquently ; but I
want to say that ever^ gift to which he referred was rrceived in the
sunlight. When Daniel Webster received gifts from Massachusetts
to sustain him in his senatorial life, it was published in the papers
immediately. When General Grant received gifts from his friends
it was published the world over immediately. There was nothing in
their minds from their standing points to conceal from the light of
the sun. But when General Be^nap received these remarkable gifts,
they were concealed from year to year, fxom month to month, and
when by some unfortunate family difficulty or otiierwise the fact was
revealed, then he goes down into the darlmess and does not attempt
to hold up his hea^ in the light ; and here is the essential differeuce
between guUt and innocence ; the difference between heaven and hell ;
the difference between light and darkness ; the difference between
paraUel lines which can never meet ; between the gifts to which the
counsel referred and the ^ifts which General Belknap received under
the principles of '* addition, division, and silence."

But I am happy to say that there is a distinguished member of this
body who when he found that his friends had raised him a fund to

five him a home here in Washington which he needed, for he had
een elected to this high place without the means to sustain the po-
sition which his friends thought that he deserved — ^I say when he
found that a quarter of a hun£ed thousand dollars, more or less, had
been raised by his friends and would have been revealed in the sun-
light at once, he said to them, ^' No ; I cannot consent to take the
gift." I am happy to believe that there are many members of this
Senate who would not receive a gift under any circumstances while
holding a legislative office. I am not judging men of different tem-
I>eraments ; I am not J udging men for differences of opinion. I do not
doubt the sincerity and good faith of the President of the United
States in receiving every present that he ever received ; but I do say
that there are many Senators before me, many members of this hon-
orable body that could not be induced while holding the position of
Senator to receive a gift from anybody of such a character as would
violate the iig unction of the great apostle to '^ avoid the appearance
of evil,"

Senators, the counsel, Mr. Black, was eminently right in the coun-
cils of Pennsylvania when in its constitutional convention he intro-
duced a constitutional provision that no man in office should receive
a gift ; and the fact that the provision did not pass the convention
only shows that Pennsylvania is not or was not then quite abreast
with the developments of the age.

Senators, I am one of those who believe in progress. I believe that
this age is the best age which the sun has ever shone upon; I believe
there is more of religion^ more of humanity, more of love, more of
charity in this age tiian m any a^ that has preceded it. Look at
the insane asylums, the asylums for idiots, the asylums for the deaf
and dumb and for the blind ; see all these persons elevated almost to
supreme happiness. Many of them but a few years ago weise wander-
ing around in the streets and woods objects of terror and dislike,
treated almost as though they were brutes. I thank God for these
and all other evidences of humanity and civilization, and for all this
great progress. I hope there will be no backward step. Go back to
the Roman Empire, and the emperor who went forth like a highway
robber and seized on other empires was crowned with laurels and rodie
beneath triumphal arches. The farmer-general who unlawfully laid
by his millions and bought his beautiful villas was the next hero.
Now that emperor would be confronted by the combined power of the
civilized world, and that farmer-general, if not imprisoned, would be
fleeing in foreign lands.

Two hundred years or more ago '*gifts that might cover essential
bribery " were not unusual. Lord Bacon, " the greatest, wisest," I
will not say '' meanest of mankind," took gifts, having no idea that
his judgment was influenced ; but an angiy king and prime minister
quickened his conscience, and he confes^ that taking the gifts was
bribery.

Under the benign influences of our holy religion, enjoining " the
golden rule," do not virtue and intelligence grow with liberty?
Give to a man his portion of the sovereign power and it elevates him ,
give to him the practical exercise of his rights and it educates him.

There is now a higher and healthier sentiment than in any former
age. Men are held to officiid responsibilities now, thank God, that
they never were before. The time has been in the recollection of



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TRIAL OF WILLIAM W. BELKNAP.



341



many of yon Trhen a person thongbt he had the right to nse his offi-
cial position for his own advantage; but that time has gone by, and
a good deal of what we see and hear which leads a great many so
mournfully to say that the age is going backward and we are reced-
ing to barbarism, very much which occasions the apparent increase
of wrong, arises from the higher demands of a greater civilization,
from the higher plane of an enlightened people. Let not this Senate
torn the wheels backward.

The PRESIDENT pro tempore. The argument in the case is now
concluded.

Mr. EDMUNDS. I move that the court adjourn.

Mr. CONKLING. That brings us here to-morrow at twelve o'clock.

The PRESIDENT pro tempore. To-morrow at twelve o'clock.

Mr. CONKLING. I think we had better adjourn.

The motion was agreed to ; and (at three o'clock and fifty minutes
p. m.) the Senate sitting for the tnal adjourned.



Friday, July 28, 1876.

Mr. EDMUNDS. I offer the following order at this time, because
it relates to the lapse in the impeachment business :

Ordered, Parsnant to Bule 25 for impeachments, that the Senate will resume the
consideration of the arttdes of impeachment against William W. Belknap at twelve
o*clock noon« this day.

Mr. ING ALLS. As there aro quite a number of Senators absent on
unavoidable business. I would suggest to the Senator from Vermont
that it might be advisable to moSlify the order so that it will read
'* at twelve o'clock on Monday next,'' at which time I understand
those Senators will return.

Mr. EDMUNDS. I am quite willing to submit to the pleasure of
the Senate.

Mr. JNGALLS. I have no preference myself.

Mr. EDMUNDS. My object, of course, is to revive the proceeding ;
that is all.

Mr. ANTHONY. We might agree to take no vote to-day.

Mr. SHERMAN. I hope there will be no postponement.

Mr. EDMUNDS. If we aro to adjourn over to-morrow, as the re-
spect we have shown to such occasions has usually led us to do, on
account of the funeral of our late associate, [Mr. Caperton,] then I
am not sure but that it would be better to say that we will take up
the impeachment matter on Monday. May I ask any of the Senatore
if any of them are acquainted with the fact that his funeral at home
is to be to-morrow T

Mr. RANDOLPH. That was the statement made yesterday by
some of his friends.

The PRESIDENT pro tempore. The Chair was so informed yesterday.

Mr. EDMUNDS. I withdraw the order I offered for a moment, and
move that when the Senate a4joum to-day it be to meet on Monday
next, for the reason I have stated, that the usual respect that we pay
to such occasions is eminently due to this one.

The PRESIDENT pro tempore. The Senator from Vermont with-
draws the proposed order and moves that when the Senate adjourn
to-day it be to meet on Monday next.

The motion was agreed to.

Mr. EDMUNDS. I offer the order again changed to Monday next,
the 3l8t instant, if that be the date.

The PRESIDENT |wotem|M)re. The question is on concurring in the
order that the Senate will resume the consideration of the articles of
impeachment against William W. Belknap at twelve o'clock, noon,
Monday, the 31st instant.

The order was agreed to.

Mr. EDMUNDS. I suggest that the House of Representatives and
the counsel be notified ofthis order.

The PRESIDENT pro tempore. Due notice will be given.



Monday, July 31, 1876.

The PRESIDENT |>ro tempore having announced the arrival of the
hour fixed, legislative and executive business was suspended and the
Senate preceded to the consideration of the articles of impeachment
exhibited by the House of Representatives against William W. Bel-
knap, late Secretary of War. «

The usual proclamation was made bythe Sergeant-at-Arms.

The PRESIDENT pro tempore. The House of Repi^esantatives will
be notified as usual.

Messrs. Lord, Ltndb, and Hoab, of the managers on the part of
the House of Representatives, appeared and were conducted to the
seats assigned them.

Mr. Carpenter, one of the counsel for the respondent, appeared.

The Secretary read the jonmal of proceedings of the Senate sitting
on Wednesday, July 26, for the trial of the impeachment.

Mr. HAMLIN. Mr. f^^dent, I now move to postpone further pro-
ceedings of the Senate sitting as a court of impeachment for the pur-
pose of taking up legislatively the resolution to which I have already
referred, to wit, amending the rules of proceeding so as to allow subse-
quent proceedings to be held in open session. That is my precise object.

The PRESIDENT j>ro tempore. The Senator from Maine moves to
postpone the trial session for the purpose of returning to legislative
session, in order to consider the resolution he has stated.



Mr. CONKLING. Let us have the yeas and nays on this question.

The yeas and nays were ordered.

Mr. STEVENSON. What is the precise question f

The PRESIDENT pro tempore. The Senator from Maine moves the
postponement of the trial sessis,

Mr. INGALLS moved to amend the clause by inserting in lieu there-
of the following:

And that in taking the final question the presiding officer of the Senate shall
call each Senator by name in alphabetical order, and upon each article propose as

follows, that is to say: "Mr. , how say you, is the impeachment under this

article sustained ? "

Whereupon each Senator shall rise in his place and answer "yea** or "nay,** and
may also, as provided in the order already adopted, state the grounds of his vote;
and each Senator may, within two days thereafter, file his opinion in writing, to be
published in the printed proceedings of the



Mr. EDMUNDS demanded a division of Mr. Ikgalls's amendment;
and
The question being put on the first branch thereof,
On the question to agree the^to,



Mr. EDMUNDS raised the question of order that the Senate had
pre>'iously voted on and rejected the same proposition.

The PRESIDENT »ro tempore overruled the point of order made by
Mr. Edmunds, and decided that the first branch of the amendment
of Mr. Inoalls was in order.

From this decision Mr. Edmunds appealed ; and on the question.
Shall the decision of the Chair stand as the judgment of the Senate f

Mr. HOWE called for the yeas and nays ; which being taken, re-
sulted—yeas 31, nays 18 ; as follows :

YEAS— Messrs. Allison, Anthony, Booth, Boutwell, Cameron of Pennsyvania,
Cameron of Wisconsin, Christiancy, Conkling, Cragin, Davis, Eaton, Frelinghuysen,
Gordon, Hamlin, Harvey, Howe, IngaUs, Jones of Florida, Jones of Nevada, Logan,
McMillan, Merrimon, Norton, Oglesby, Paddock, Patterson, Spencer, Stevenson,



. Dawes, Edmunds, Kelly, Keman,
Norwood, Saulsbury, Thurman, Wal*
lace, Whyte, and Withers— 18.

NOT VOTING— Messrs. Alcorn, Bamum. Bogy, Bmce, Bumside, Cla3rton. Con-
over. Dennis, Dorsey, Ferry, Goldthwaite, Hamilton, Hitchcock, Johnston, Mitch-
ell, Kandolph, Ransom, Robertson, Sargent, Sharon, Sherman, and West — 2S.

So the decision of the Chair was sustained.

The question recurring on the first branch of the amendment of
Mr. Ingalls, viz., strike out all of the order of Mr. Edmunds after
the word " impeachment'' in line 4 and insert :

And that in taking the final question the Presiding Officer of the Senate shaU
call each Senator by name in alphabetical order and upon each article propose as

follows ; that is to say : *' Mr. , how say you ? Is the impeachment under this

article sustained t "

On the question to agree thereto,

Mr. INGALLS called for the yeas and nays ; which being taken, re-
sulted — yeas 24, nays 26 ; as follows :

YEAS— Messrs. Allison, Anthony, Booth, Boutwell, Brace, Cameron of Pennsyl-
vania, Cameron of Wisconsin, Christiancy, Conkling, Cragin, Ferry, Frelinghuy-
seD. Hamlin, Harvey, Howe, Ingalls, Janes of Nevada, Logan, McMillan, Oglesby,
Paudock, Patterson, Spencer, and Windom— 34.

NATS—Messrs. Barnum, Bayard, Cockrell, Cooper, Davis, Dawes, Edmunds,
Grordon, Kelly, Kernan, Key, l^cCreery, McDonald, Maxey, Merrimon, Morrill,
Morton, Norwood, Saulsbury, Stevenson, Thurman, Wadleigh, Wallace, Whyte,
Withers, and Wright— 526.

NOT VOTING— Messrs. Alcorn, Bogy, Burnside, Clayton, Conover, Dennis,
Dorsey, Eaton. Goldthwaite, Hamilton, Hitchcock, Johnston, Jones of Florida,
Mitchell, Randolph, Ransom, Robertson, Sargent, Sharon, Sherman, and West— 2 L

So the first branch of Mr. Ingalls's amendment was rejected.

The question being put in the second branch of the amendment of
Mr. Ingalls, namely, strike out all of the order of Mr. Edmunds
after *^ impeachment " in line 4, and in lieu thereof insert —



Whereupon each Senator shall rise in his place and answer "yea" or "nay,"
and may slso, as provided in the order already adopted, state the grounds of his
vote ; and each Senator may, within two days thereafter, file his opinion in writing.



to be published in the printed proceedings of the case.

It was agreed to.

Mr. EDMUNDS moved to reconsider the vote whereby the second
branch of the amendment of Mr. Ingalls to the amendment of Mr.
Edmunds was agreed to ; and the motion to reconsider was agreed to._

The question recurring on the second branch of Mr. Lngall's'
amendment, it was rejected.

The question recurring on the order of Mr. Edmunds, it was agreed
to ; as follows :

Ordered, That on Tuesday next, the 1st day of August, at twelve o'clock merid-
ian, the Senate shall proceed to vote, without debate, on the several articles of im-
peachment The Presiding Officer shall direct the Secretary to read the several
articles successively, and after the reading of each article the presiding officer

shall put theqaestion following, namely : "Mr. Senator , how say you ? Is the

respondent, w iUiam W. Belknap, gnlity or not guilty of a high crime " or " high mis-
demeanor," as the charge may be, "as charged in this ardclet" Whereupon such
Senator shall rise in his place and imswer "guilty" or " not guilty " with his reasons,
if any, as provided in the order already adopted.

And each Senat-or shall be permitted to file within two days after the vote
shall have been so taken his written opinion, to be printed with the proceedings.

On motion by Mr. EDMUNDS, (at six o'clock and twenty minutes
p. m.,) the Senate sitting for the trial of the impeachment adjourned.



Tuesday, Augmt 1, 1876.

The PRESIDENT pro tempore. The hour of twelve o'clock having
arrived, legislative and executive business will be suspended, and the
Senate wiU proceed to the consideration of the articles of impeach-
ment exhibited by the House of RepresentMives against William W.
Belknap, late Secretary of War.

The usual proclamation was made by the Sergeant-at-Arms.

The PRESIDENT pro tempore. The Secretary will notify the House
of Representatives that the Senate is ready to receive them, and that
provision is made for their accommodatiou.

The Secretary read the Jouraal of the proceedings of the Senate
sitting yesterday for the trial of the impeachment.

Mr. Lord, Mr. Ltnde, Mr. McMahox, Mr. Jbnks^ Mr. Lapham,
and Mr. Hoar of the managers on the part of the House of Repre-
sentatives appeared.

Mr# Carpenter, of counsel for the respondent, appeared.

The PRESIDENT pro tempore. Pursuant to order, the Senate will
now proceed to vote without debate on the several articles of im-
peachment. The Secretary will read the several articles of impeach-



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TRIAL OF WILLIAM W. BELKNAP.



343



ment soooessiyely and the final vote will be taken upon each article
separately The Secretary will now read the first article.

The Secretary read as Hollows :

Abticlb L

That William W. BeUmap, while he was in office as Secretary of War of the
United States of America, namely, on the 8th day of October, 1870, had the power



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