United States. Congress.

Congressional record : proceedings and debates of the ... Congress online

. (page 166 of 172)
Online LibraryUnited States. CongressCongressional record : proceedings and debates of the ... Congress → online text (page 166 of 172)
Font size
QR-code for this ebook


Ogden vs. Saunders, 12 Wheatou's Reports, page 267 361

People V8. Allen, 5 Davis, pa^e 79 331

People w. Porter, 6 Calitomia, page 26 62

People of the State of New York vs. George G. Barnard, volume

1, pages 106,108 9,17

Pennsylvania, constitution of, (July 15, 1776,) article 22 90

Portohester, Lord, vs. Petrie, 3 Douglas, page 273 35

Prescott's Trial, pages 160, 180 150

Prescott's Trial, appendix to, page 216... 148

Price vs. Railroad Company, 18 ^mdiana, 139 331

Queen, The,««. The Inhabitants of St. Mary, 1 Ellis and Bhick-

burn, pages 816,827 35

Rawle on the Constitution, pages 196, 200, 203, 205, 210, 213, 243.

273 32, 35, 42, 53, 60, 109, 150, 153, 154, 361, 3ei

Reg. vs. Bailiffs, &.O., of Ipswich, 2 Lord Raymond, page 1232. 386

Rex««. Shakespeare, 10 East, pages 83,87 330

Revised Statutes, sections 1781, 5408, 5444, 5451, 5490, 5491, 5500,

5501,5502,5503,5504 51,

79, 86, 87, 120, 148, 179, 307, 332, 362, 364, 365

Rhode Island vs. Massachusetts, 12 Peters, pages 657, 718 287.

331 333 363
Rushworth, volume 1. article 3, pages 250, 251, 252, 262 ....*....' 104

Russell on Crimes, volume 1, page 154 322

Ryan V8. May, 14 Illinois, 49 3:U

Schrivner's Lessee vs. Lynn, 2 Howard, page 99 333

Scott on Military Law, sections 630, 1070, 1071, 1072 51,52

Sedgwick on Statutes, pages 262, 426 361

Selden's Judicature of Parliamant, pages 38, 84, 168, 171, 1263. 78,

84,117
Senate Rules on Impeachment, Nos. 6, 16. 20, 22, 23, 38, 44. . .335, 336
Shaw vs. Dutcher, 19 Wendell, pages 222, 223 330



Digitized by



Google



TRIAL OF WILLIAM W. BELKNAP.



369



Page.
A-nihoritieSy citations of — ConUnurd.

Shook V8, Falton, 4 Cowen's Reports, page 424 32

Shower's Reports, volume 1, page 91 330

Sidney on Appeals, 2& Wendell's Reports, page 255 297

Small M. McChesney, 3 Cowen, page 19 35

Smith V8, Carnochan, 7 Howard, page 198 31,44

Smith t;8. Dabnqae, 1 Clark, page 492 332

Sonth Carolina, constitution of, (March 19, 1778,) article 23.. . 90

Starkie's Law of Libel, pages 203, 580 9

Starbuck vs, Murray, 5 Wendell, page 48 333

State t;«. Bonney, 34 Maine, page 223. 832

State V8. Cardline, 20 Alabama, page 19 332

State Trials, volume 29, pages 702, 44, 46, George III 20

Stearly's Appeal, 3 Grant, Pennsylvania, page 270 332

Stephen's Pleading^ page 144 - -. 330

Story's Commentaries on the Constitution, volume 1, sections
79, 419, 448, 686, 687, 741, 784, 788, 789, 790, 791, 796, 801,

802,803,805,808,811,1344 30,33,40,42,

46, 49, 83, 84, 111, 117, 122, 123, 126, 127, 155, 296, 361

Story's Reports, volume 2, pi^^ 571 44

Stoughton V8. Mott, 13 Vermont, page 175 332

Supreme Court of the United States, decision of, 7 Peters,

paeel50 92

Sutsten V8. Norton, 3 Burrows, page 1235 365

Taney's Decisions, page 246 363

Thomas V8. Lord. 1 Lord Raymond, pages 356, 357 330

Tomlin's Law Dictionary, title * * Impeachment" 35

Tucker's appendix to first volume of Blackstone, pages 428,

4^. 362

United States ««. Arredondo, 6 Peters^ page 709 331

United States w. Bedford Bridge, 1 Woodbury &. Minot, pages

401,405 332

United States v«. Burr, 7 Cranch, page 32 29

United States V8. Hudson and Goodwin, 1 Kent, page 331 29

United States w. Wilson, 7 Peters, page 150 88, 128

United States w. WorralJ, 2 Dallas, page 384 29

United States V8, Wright, McLean's Reports, volume 1, page

512 .! 6^767,154

Vermont, constitution of 1793, part 2, section 24 29

Viner's Abridgment, volume 1. title " Relation," pages 289-293 . . 86
Virginia, constitution of, (July 5, 1776,) pages 287, 288, Ameri-
can Constitutions 90,363

Voorhies t?«. Bank, 10 Peters, page 474 331,333

Wanzer vs. Howland, 10 Wisconsin, pace 8 332

Washburn's Judicial History of Massachusetts, page 145 319

Wharton's Criminal Law, page 365 831

Wharton's State Trials, page 200 107

Wilcox r«. Jackson, 13 Peters, page 499 333

William III, volumes 12 and 13. chapter 2 107

Williamson V8, Berry, 8 Howard, page 498 333

WinntJ«.Freel, 19 Alabama, page 171 332

Wooddeson's lecture on Impeachment, volume 2, pages 596,

601 22,60

Wooddeson's lecture on impeachment, law-library edition, pages

335 369-370 28

Wright V8. Mills, 4 Hiirlstone and NormanJ 49(M
Ayes and noes on the roll-calls of the court. [ See yeas and nays. ]

B.

Banfield, E. C.^ Solicitor of the Treasury, letter from, concerning
the introduction of spirituous liquors into the Indian
Territory at Fort Sill 205

Barnard, William H., a witness for the prosecution, concerning
certain deposits made by W. W. Belknap in the First
National Bank of Washington 198,199

Barnard, William T., a witness for the prosecution, evidence
giving movements of W. W. Belknap in June, 1872,
1873, and 1874, and his having the charge of Belknap's
private letters 217,218

Barnum, William H., a Senator from Connecticut, oath, the,

administered to, by the presiding officer 74

Bartlett, Edward T., a witness lor the i^rosocution, evidence
showing how he drew up the articles of agreement be-
tween J. S. Evans and C. P. Marsh 181

Bass, Lyman K., a Representative from New York, appointed a

member of tne impeachment committee of the House . . 1

Batabd, Thomas F., a Senator from Delaware-
oath, the, administered to, by the Chief Justice 4

incidental remarks by 169

Id j;erlocutory remarks by, on the evidence 248, 249, 252, 270

remarks by, on a question of adjournment, and of the rules of

the Senate 5

opinion by, on the question whether the respondent is liable
to be impeached by the House of Representatives, and
tried by the Senate on impeachment for acts done by
him as Secretary of War, notwithstanding his resigna-
tion before impeachment 127-130

24 I



Page.
Bayard, Thomas F, - Continued.
motion by —
that the second resolution of Mr. Thurman be amended.

Agreed to 76

that the third resolution of Mr. Thurman be amended.

Agreed to 76

that the court adjourn 270

that as a condition-precedent to the order for postponement
of his trial asked for on the 12 th instant by the respond-
ent, it is ordered that the respondent inform the Sen-
ate what in substance he proposes to prove by John S.
Evans, the witness on the ground of whose absence post-
ponement is asked 271

question by, to the managers : Is it the object of the present in-
quiry to corroborate or discredit the testimony of Marsh,
the witness, or to establish any fact therein referred to,
or solely to prove what was the action or conduct of Mr.
Belknap when the fact that such charges had been

made against him was so made known to him ? 249

votes by, on the articles of impeachment 343, 346, 349, 352, 355

Belknap, William W.. late Secretary of War-
appeared and filed nis plea to the articles of impeachment .... 7

at the battle of Shiloh, allusion to, by Mr. Carpenter 13

commissions of , as Secretary of War 200

connection of, with the Fort Sill sutlership 177, 186

counsel for, [see Carpenter, M. H.; Black, J. S.; and Blair, M.]

Evans, J. S., affidavit concerning the testimony of 269

famUy of, pecuniary relations of ..223,240,241,250,251,290,328,339
impeachment of, in the name of the House of Representatives. 1

letter from, concerning J. S. Evans 206

letter to, from General Hazen 233

list of one hundred and ninety-jseven witnesses presented by. . 170
motion by, that the managers furnish a list of their witnesses. 167

that the order of the Senate be vacated 162

that there can be no further legal proceedings 170

official character of, while Secretary of War 25(5,

257, 258, 261, 265, 267, 268, 269, 285

personal reputation of, at Keokuk, Iowa 266,267

plea of, to the jurisdiction overruled by the court 158

real estate, investments in, at Maroa, Illinois 199

receipts of money by, from C. P. Marsh 182,

183, 184. 198, 197, 198, 199, 222

rejoinder submitted by, to the replication of the House 8

treatment of, remarks on the, by Mr. Black 12,71

by Mr. Carpenter 14

verdict of acquittal on the articles of impeachment 357

Ben6t, S. V., Colonel, a witness for the defense —
evidence concerning official reputation of General Belknap. 267, 268

cross-examined bv the counsel for the prosecution 268

re-examined by the counsel for the defense 268

recross-examined by the counsel for the prosecution 268

Black, Jeremiah S., counsel for the respondent—

appeared with the respondent in the Senate Chamber 6

incidental remarks by 163, 164, 167, 168, 169, 286, 294,307, 313

interlocutory remarks by, on the evidence 182,

185, 187, 198, 226, 229, 232, 251, 261, 262, 269, 286
remarks by —
on the presentation of a paper containing a list of wit-
nesses whose attendance is desired by the respondent. 170
on an affidavit setting forth- the illness of Mr. Carpenter,

which made a postponement desirable 298

argument by —
on the resxK>ndent's application for a iK>stponement until

December 12,13

on the question whether the respondent is amenable to trial
by impeachment for act«aone as Secretary of War not-
withstanding his resignation of that office 68, 72

on the motion that the court set aside its order asserting iuris-
diction, for the reason that it was not passed with the
concurrence of two-thirds of the Senators present. . 163, 164
on the motion that the managers furnish tbe respondent a

list of the witnesses whom they intend to call .... 167

on presenting the answer of the respondent to the articles

of impeachment 170

on the motion that the cause be continued until some conven-
ient day in November -. 171

on the objection by the counsel for the respondent to all evi-
dence to support the opening of the managers, on the
ground that there can be no legal conviction, tne Sen-
ate having already determined the material and neces-
sary fact that the defendant is not, and was not when

impeached, a civil officer of the United States 180

on the application for a continuance until the appearance of

a desired witness 260

finally, reviewing evidence, law, and the facts of the case. 314-318
motion submitted by—
that the court set aside its order asserting jurisdiction for the
reason tliat it was not passed with the concurrence of
two-thuxls of the Senators present 162



Digitized by



Google



370



INDEX TO THE



Page.
Blacky Jeremiah S.— motion submitted by — Continued.

that this cause be now contiuaed until some convenient day

in November - 171

that counsel for the accused object t-o the evidence now
offered and to all evidence to support the opening of
the managers, on the ground that there can be no legal
conviction, the Senate having alreadv determined the
material and necessary fact that the defendant is not,
and was not when impeached, a civil officer of the

United States. Objection overLnled 181

denial of stat-ement made by, concerning Judge Hoar, by

Mr. Lord, manager 357

denial of statement made by, concerning the late Vice-Pres-
ident Wilson, by Mr. Senator Boutwell 357

Blackburk, J. C. S., a Representative from Kentucky —
appointed a member of the impeachment committee of the

House 1

Blair, Montgomery, counsel for the respondent —

appeared with the respondent in the Senate Chamber 6

argument by —
on respondent's application for a postponement until Decem-
ber 11

on the question of jurisdiction and the order of proceeding. 22
on the question whether the respondent is amenable to trial
by impeachment for «cts done as Secretarv of War,

notwithstanding his resignation of that office 28-37

on the motion submitted by the respondent that the court
set aside its order asserting jurisdiction, for the reason
tbat it was not passed with the concurrence of two-
thirds of the Senators present 162,163

on an application for a continuance until the appearance of

a desired witness 260

on the question of jurisdiction and finally reviewing the

case 287-294

remarks by —

on the time for pleading 163,164,167,170

on the order of the final arguments 285

interlocutory remarks by, on the evidence 182, 183, 190, 191, 205,

211, 215, 224, 232, 233, 234, 239, 246, 262, 263, 264, 265, 337, 340
examination by, of witnesses for the defense —

Augur, Christopher C, major-general - 265

Crosby, H. T., chief clerk in the War Department ..262,263, 264

McLaughlin, Napoleon B., major 265

motion submitted by, that an r>rder be made upon the mana-
gers on the part of the House of Representatives to fur-
nish within twenty-four hours to the accused or his
counsel a list of the witnesses whom they intend to
call, together with the particulars of the facts which

they expect to prove by them 167

Bliss, D. W., M. D., affidavits from—
stating the sickness of Mr. Carpenter, counsel for respondent. 298

of Mr. Manager Lapham 299

Blount, William, a Senator —

allusion to the trial of, by Mr. Hoar 20, 23, 24

allusion to the trial of, by Mr. Blair 28

BoOY, Lewis Y., a Senator from Missouri —

oath, the, administered to, by the Chief Justice 4

incidental remarks by 3,4,5,187

remarks by, on an adjournment of the court to a specified time. 4, 5

call by, for the yeas and nays 5,189

opinion by, on the question whether the respondent is liable to
be impeached by the House of Representatives, and
tried by the Senate on impeachment for acts done by
him as Secretary of War, notwithstanding his resigna-
tion before impeachment 143, 144

question by, to Mr. Manager McMahon, whether a pamphlet
read from by him is an official document, containing

testimony taken under oath 189

statement that he had been called home by the illness of his

daughter, by his colleague, Mr. Cockrell 319

Booth, Newton^ a Senator from California-
oath, the, administered to, by the Chief Justice 4

opinioii by, on the question whether the respondent is liable to
bo impeached by the House of Representatives, and
tried by the Senate on impeachment for acts done by
him OS Secretary of War, notwithstanding his resigna-
tion before impeachment 144,145

votes by, on the articles of impeachment 343, 347, 349, 352, 355

Boutwell, George W., a Senator from Massachusetts-
oath, the, administered to, by the Chief Justice 4

incidental remarks by 161

denial by, of a statement by counsel for the respondent re-
flecting on the memory of the late Vice-President Wil-
son 357

opinion by, on the question whether the respondent is liable to
be impeached by the House of Representatives, and
tried by the Senate on impeachment for acts done by
him ns Secretary of War, notwithstanding his resigna-
tion b'jfore impeachment 130-133



Page,
Boutwell, George W.^Continued.
motion by, that the court first hear and determine the question
of jurisdiction, and that four managers may be allowed

to submit arfi^uments thereupon. Agreed to 27

votes by, on the articles of impeachment 343, 347, 349, 352, 355

Bower, Mrs., testimony of C. P. Marsh, concerning 223,

240,241,250,251,290
Brinkerhoff, Henry S., a witness for the prosecution —
identification of a paper in the office of the Adjutant-General

of the Army 243

cross-examination by the counsel for the respondent 243

Bruce, Blanche K., a Senator from Mississippi —

oath, the, a<lministered to, by the Chief Justice 4

votes by, on the articles of impeachment 343, 347, 349, 352, 355

BuRNSiDK, Ambrose E., a Senator from Rhode Island —

oath, the, administered to, by the Chief Justice 5

motions by—
that an order of Mr. Edmunds fixing the time for hearing
the arguments be amended by makjuig it May 16. Re-
jected 19

that an order of Mr. Edmunds excusing the managers and
counsel from attendance be amended by adding that

the court adjourn until May 15. Agreed to 72

that an order of Mr. Sherman fixing the time of adjournment
of the court to May 15 be amended by making it May

16. Rejected 72

Cameron, Angus, a Senator from Wisconsin —

oath, the, administered to, by the Chief Justice 4

opinion by,'ontlie question whether the respondent is liable to
be impeached by the House of Representatives, and
tried by the Senate on impeachment for acts done by
him as Secretary of War, notwithstanding his resigna-
tion before impeachment 123, 127

votes by, on the articles of impeachment 343, 347, 349, 352, 355

Cameron, Simon, a Senator from Pennsylvania —

oath, the, administered to, by the Chief Justice 4

incidental remarks by 19

motions by —

that the court adjourn 19,20,21

that a motion of Mr. Anthony to amend a motion of Mr. Sar-
gent be amended by substituting July 6 for July II.

Rejected 166

votes by, on the articles of impeachment 343, 347, 349, 352, 355

Caperton, Allen T., a Senator from West Virginia-
oath, the, administered to, by the Chief Justice 5

[Mr. Senator Caperton died July 26, 1876.]
Carpenter, Matt H., counsel for the respondent —

appeared with the respondent in the Senate Chamber 6

presented the plea of the respondent upon the articles of im-
peachment 6

incidental remarks by 0,

7, 25, 37, 161, 174, 175, 179, 299, 312, 313, 314, 357
remarks by —
on the time for filing the replications and the snrreplications. 7, 8
on enlarging the time for argument under the twentieth rule,
and asking an adjournment of the trial until the first

Monday o5c December 10

on asking a postponement until May 15 27

on an application for a postponement to secure the evidence
of an absent witness without stating what that evi-
dence is expected to be 259, 269, 271

interlocutory remarks by, on the evidence 181, 183,

184, 185, 187, 189, 190, 191, 192, 193, 194, 195, 196, 197, 198, 199,
200, 201, 202, 203, 204, 2U5, 206, 207, 208, 209, 210, 211. 212, 213,
214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227,
228, 229, 230, Zil, 232, 233, 234, 2.%5, 236, 237, 238, 2;59, 240, 241,
242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255,
256, 257, 258, 259, 260, 261, 264. 265, 266, 267, 268, 269, 271. 272,
273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286
examination by, of the witnesses for the defense —

Allison, William B., a Senator from Iowa 267

Ben6t, S. v., chief of ordnance 267,268

Crosby, H. T., chief clerk in the War Department 264,

282,283,284,285

Davis, NelsonH 258,261

Dunn, William McKee, Judge-Ad vooate-General 268

Hancock, Winfield S., Major-General 2^

Humphreys, Andrew A., Chief of Engineers 268

Kasson, Jolm A., a Representative from Iowa 269

Lowe,RalphP 266

Maof eeley, Robert, Commissary-General 257

Marcy, R. B., Inspector-General 268

Miller, Samuel F., Mr. Justice, of the Supreme Court 269

Pope, John, Ma^jor-General 256,257

Ruger, Thomas W., Colonel 287

To wnsend, E. D., Adjutant-General 257, 258, 278, 279

Wright, George G., a Senator from Iowa 267

cross-examination by, of the witnesses for the prosecution—
Brinkerhoflf, Henry S 243



Digitized by



Google



TRIAL OF WILLIAM W. BELKNAP.



371



Page.
Carpenter, Matt H.— crosa-examination by, of witnesses — ConVd.
Clymer, Hiester, a Representative from Pennn8ylYania..254,^>5

Emery, Charles F 199,200

Evans, Johns 276-278,279,280,281,282

Fisher, John J : 253

Hazen, William B., Major-General 230,231,233,234,243-245

McDowell, Irwin, Major-General 189-196

Marsh, Caleb P 236,237,242,243

Moodv, William F 215

Townsend, E. D., Adjntant-General 209-214

Vilas, Charles N 198

motions by —
asking a copy of the replications and time to frame snrre-

plications 7

closing the issues of fact on the qnestion of jarisdiction.... 10

asking a postponement until Monday, May 15 27

asking a postponement until the arrival of John S. Evans,
whose testimony is material and important for the de-
fense 269

asking for an order that the further trial of this cause bo post-
poned until notice be given b^ the Senate to the House
of Representatives of the United States and to the re-
spondent •- 271

argument by —
on the respondent's application for a postponement until De-
cember 13

on the motion of the managers that the evidence bearing on
the question of jurisdiction be given before the argu-
ments shall be presented on that question, and the fix-
ing the time for pleadings 15

on the motion of Mr. Conklingthat the Senate first hear and

determine the question of jurisdiction 17

on the question of jurisdiction and the order of proceeding. 20, 25
on the question whether the respondent is amenable to trial
by impeachment for acts done as Secretary of War,

notwithstanding his resignation of that office 37-47

on the order of the Senate that the respondent plead further
or answer the articles of impeachment within ten

days 158,159,160,161

on the objection of the counsel for the respondent to all evi-
dence to support the opening of the managers, on the
ground that there can be no legal conviction, the Sen-
ate having already determined the material and neces-
sary fact that the defendant is not, and was not when

impeached, a civil officer of the United States 180. 181

on closing the defense for the respondent 318-334

sickness of, affidavit of Dr. Bliss statins the 296

Certificates of deposit in the National Bank of Commerce of New
York, issued to C. P. Marsh and payable to W. W. Bel-
knap 196

Chair, ruling of the, that Senators have not the risht to address
interrogatories to the managers or to the counsel for
the resi>ondent. Appeal from the, by Mr. Edmunds.

The decision was not sustained by the Senate 258,259

Chase, Mr. Chief Justice, suggestions of, concerning the forms of

procedure 5

Chief Clerk of the Senate, the —

journal of the court read by 169,171

papers and authorities read bv 1^,24, 25, 158,

162, 163, 164, 165, 166, 167, 168, 169, 170, 179, 181, 185, 186,
188, 200, 201, 202, 203, 204, 205, 206, 207, 208, 209, 213 219.
227, 234, 244, 2.53, 254, 265, 270, 271, 277, 282, 286, 286, 299

oaths administered to witnesses by 179

Christiancy, Isaac P., a Senator from Michigan —

oath, the, administered to, by the Chief Justice 5

motion by — ^
that the second resolution of Mr. Thurman be amended by
substituting : " Whereas the Constitution of the United
States provides that no person shall be convicted on
impeachment without the concurrence of two-thirds
of the members present ; and whereas more than one-
third of all the members of the Senate have already
pronounced their conviction that they have no right
or power to adjudge or try a citizen holding no public
office or tnist when impeached by the House of Rep-
resentatives ; and whereas the respondent, W. W. Bel-
knap, was not when impeached an officer, but a private
citizen of the United States and of the State of Iowa;
and whereas said Belknap has, since proceedings of
impeachment were commenced against him, been in-
dicted and now awaits trial before a judicial court for
the same offenses charged in the articles of impeach-
ment, which indictment is pursuant to a statute re-
quiring in case of conviction (in addition to fine and
imprisonment) an iufiiction of the utmost judgment
which can follow impeachment in any case, namely,
disqualification ever again to hold office : Besotvedf That
in view of the foregoing facts it is inexpedient to pro-
ceed further in the case." Withdrawn after debate. . 76



Page.
Christiancy, Isaac P.— motion h^— Continue.

that the motion of Mr. Morrill be amended by inserting :
'*That W. W. Belknap, the respondent, is not amenable
to trial bv impeachment for acts done as Secretary of
War, he having resigned said office before impeach-
ment" 76

opinion by, on the question whether the respondent is liable to
be impeached by the House of Rcpresent^itives, and
tried by the Senate on impeachment for acts done by
him as Secretary of War, notwithstanding his resigna-
tion before impeachment 100-106

question to Mr. Manager Lynde, what report he was reading

from 297

votes by, on the articles of impeachment 343, 347, 349, 352, 355

Clayton, Powell, a Senator from Arkansas, oath, the, admin-
istered to, by the Chief Justice 4

Clymer, Hiester, a Representative from Pennsylvania —
appointed a member of the impeachment committee of the

House 1

impeachment of William W. Belknap by, in the name of the

House 1

testified as a witness for the prosecution 245-251, 254, 255

on cross-examination by the defense 254,255

CocKRELL, Francis M., a Senator from Missouri —

oath, the, administered to, by the Chief Justice 5

incidental remarks by 314

motion by, that the amendment of Mr. Edmunds to the amend-
ment of Mr. Sargent be so amended as to fix the time

for trial on June 19. Rejected 167

questions by, to the presiding officer, whether anything had



Online LibraryUnited States. CongressCongressional record : proceedings and debates of the ... Congress → online text (page 166 of 172)