United States. Congress.

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

. (page 168 of 172)
Online LibraryUnited States. CongressCongressional record : proceedings and debates of the ... Congress → online text (page 168 of 172)
Font size
QR-code for this ebook


Rnger, Thomas W., colonel, a witness for the defense 267

Sheridan, P. H., Lieutenant-General, a witness for the de-
fense 219,257

Smalley, E. V., a witness for the prosecution 215

Townsend, E. v., Adjutant-General, a witness for the prose-
cution and for the defense 200-214, 257, 258, 278, 279

Vilas, Charles N., a witness for the prosecution 198,199

Whitney, Leonard, a witness for the prosecution 216, 217

Wright^ George G., Senator, a witness for the defense 267

Exhibition of articles of impeachment against W. W. Belknap.. 2

F.

Ferry, T. W., a Senator from Michigan, President pro tempore of
the Senate-
response of, to the impeachment committee of the House.. . .. 1
direction by, to the Secretary, that the Senate will receive
the managers of the House with the articles of im-
peachment 1

reception of the managers by 1

oath, the, administered to, by the Chief Justice 3

response of, to the managers, after the reading of the articles

of impeachment 3

oaths administered by, to Senators 7,8,27,72

announcements by, of the consideration of the articles of im-
peachment by the Senate 3,5,6,

8, 15, 21, 27, 37, 47, 64, 72, 73, 74, 75, 158, 162, 109, 171, 174, 189,
202, 218, 236, 252, 270, 271, 272, 286, 298, 299, 318, 319, 341, 342
notification by, to the managers, that the Senate is organized

for the impeachment trial of William W. Belknap 4

that the Senate is ready to hear the replication of the House. . 7
directions by, to the Sergeant-at-Arms 1» 2, 4,

5. 6. 7. 8. 15. 21. 27. 37. 47. 73. 74. 75. 158. 162. 165. 169. 171. 174,
189,202,218,236,252,270,271,272,298,299,318,319, aU, 342

direction by, to the Secretary of the Senate, to enter a judg-
ment of acquittal 357

incidental remarks by 3,11,12,14,15,19,21,37,47,64

161. 162. 163. 164. 165. 166. 167. 168. 169. 170. 171. 172. 174. 175,
179, 181, 182, 187, 188, 189, 191, 192, 193, 194, 195, 193, 197, 202,
211, 212, 113, 214, 215, 216, 218, 219, 221, 222, 224, 225, 226, 227,
228, 229, 230, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242,
243, 244, 245, 246, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257,
258, 259, 261, 262, 267, 269, 270, 271, 272, 273, 275, 281, 282, 285,
286, 287, 294, 295, 296, 297, 298, 299, 313, 318, 319, 334, 341, 342

reception of the replication of the House of Representatives by . 7
notitication to the respondent that their motion for postpone-
ment is denied 15

announcement by, of the action of the Senate in close ses-
sion 19,72,158,174

rulings by —
that Senators have not the right to address interrogatories
to the managers or the counsel for the respondent. Ai>-

peal from, sustained 259

that the objection of the counsel for the respondent to a ques-
tion put to a witness be sustained. Sustained by the

Senate 281

votes by, on the articles of impeachment 344, 347, 350, 353, 355

Fifth Avenue Hotel, New York, registers and transient ledgers
of, showing dates of the arrival of W. W. Belknap and

the time of his sojourn 198

Final judgment in the case —

written opinions on the 358-365

votes of Senators on the 34^J-357

First National Bank of Washington, deposit tickets of, showing

that certain deposits were made by W. W. Belknap . 198, 199
Fisher, John J. a witness for the prosecution-
evidence concerning his connection with the post-tradership at

Fort Sill 252,253

cross-examined by the counsel for the respondent 253

Floyd, case of, allusion to, by Judge Black 13

Free-passes on railroads, allusion by Mr. Carpenter to 323

Fort Sill, Kansas, trading post at —

act of Congress under which it was established at 176

applications for appointment at 263

articles of agreement between Evans and Marsh for trading at

the 30

Belknap, W. W., action of, concerning the 177,

186, 200, 203, 204, 206, 209, 210, 277, 278, 301, 302
commissions of, aa Secretary of War 200



Digitized by



Google



TRIAL OF WILLIAM W. BELKNAP.



375



Pago.
Fort Sill, Kansas, trading post at — Continued,

correspondence concerning the 176

Evans, John 8., trader at 176,161,202,273

Grierson, Colonel, recommendation by. concerning 178,

201, 203, 207, 209, 301, 302

Hazen, General, testimony of, concerning 188, 228-230, 233, 305

introduction of spiritnona liquors at 205

Marsb, C. P., connection with the 176,181,185

New York Tribune's comments on the 177, 178, 185, 187, 218

payments of monev concerning the 179

Robinson, George T., letter from, concerning the 213, 306

Frbunohuysen, Frsdebick T., a Senator from New Jersey-
appointed on a select committee on the impeachment 1

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

incidentad remarks by 19,188,299

interlocutory remarks by, on the evidence 238,240,255,256

motion by —
tbat the Secretary notify the House that the Senate is organ-
ized for the impeachment trial and is ready to receive

the managers. Agreed to 4

that the motion of Mr. Sherman, as amended by Mr. Morton,
be amended by striking out ''in the presence of the
House of Representatives'' and inserting in lieu there-
of ''while Congress is in session" 173

that the court adjourn 251,252

opinion by, on the question whether the respondent is liable to
be im]>eached 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 82-85

votes by, on the articles of impeachtnent 344, 347, 350, 353, 355

French, John R., Sergeant-at-Arms of the Senate —

announcement by, of the House impeachment committee 1

of the managers 1,6,7,8,15,21,27,64

oath administered to, by the Chief Justice 6

proclamations by 2,5,6,8,15,21,37,

64, 73, 74, 75, 158, 162, 169, 174, 189, 218, 236, '252, 270, 271, 272

return of, on writs of summons 6,227

communications from, relating to the summoning of John S.

Evans 271,272

G.

Gifts received by public men, allusions of —

Mr. Black to 318

Mr. Carpenter to 322

Mr. Lord to 340

GOLDTHWAiTE, Georgb, a Senator from Alabama, oath, the, ad-
ministered to, by the Chief Justice 5

(JORDON, John B., a Senator from Georgia —

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

incidental remarks by 169

votes by, on the articles of impeachment 344, 347, 350, 353, 355

Grant, U. 8., indorsement concerning the reservation at Fort Sill. 279



Habhlton, Morgan C, a Senator from Texas-
oath, the, administered to. by the Chief Justice 4

vot«s by, on the articles of impeachment 344, 347, 350, 353, 355

Hamlin, Hanibal, a Senator from Maine —

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

incidental remarks by.. 3,259,341

motion by, that the rules of proceeding be so amended as to al-
low subsequent proceedings to be held in open session.

Rejected 341

votes by, on the articles of impeachment 344, 347, 350, 353, 356

Hancock, Winfield S., Major-General, a witness for the defense,
evidence concerning the o£Bcial character of W. W.

Belknap 285

Harvey, JaM^s M., a Senator from Kansas —

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

motion by, that the reading of the journal be dispensed with . . 252

vot«8 by, on the articles of impeachment 344, 347, 350, 353, 356

Hazen, William B., Major-General, a witness for the prosecution —

evidence concerning the post-tradership at Fort Sill, and his

testimony, correspondence, and conversations relating

thereto 228-2^,243

cross-examined by counsel for the respondent 230,

231, 2315, 234, 243-245

\nestioned by Mr. Senator Thurman 244

I, Clement Hugh, Acting Attorney-General, opinion by, con-
cerning the rights of post-traders, &c 208

^JHCOCK, Phinkas wT, a Senator from Nebraska—

•.h, the, administered to, by the Chief Justice 4

lion by, that the court adjourn 76

^ by, on the articles of impeachment :M4, 347, 350, 353, 356

Judge, denial of a statement of counsel concerning, by Mr.
Manager Lord 357



Pago.
Hoar, George F., a Representative from Massachusetts —
appointment of, as manager, notification of, to the Senate .... 1

incidental remarks by 25

interlocutory remarks by, on the evideqce. 185, 188, 193, 194, 207, 20H,
210, 212, 215, 221, 235, '239, 240, 244, 247, 250, 253, 256, 260, 261
remarks by —
on the manner of filing the replications and surreplications. 7
on the statement by respondent's counsel concerning what

had taken place in the House 14

on the application of the counsel for the respondent for a
postponement to secure the evidence of an absent wit-
ness.... 259

argument by —
on the question of jurisdiction and the order of proceeding. 19, 20
on the question whether the respondent is amenable to trial
by impeachment for acts done as Secretary of War,

notwithstanding his resignation of that o£Bce 55-63

Holt, J., Judge Advocate-General, opinion by, on the regulation

of post-traders 209

House of Representatives, the—
messages from —
transmitting the notice of impeachment by ita committee. . . 1
informing the Senate of the appointment of managers to con-
duct the impeachment, and to exhibit the articles

agrcedupou 1

committee of, appointed to impeach WiUiam W. Belknap 1

reference of the message from, to a select committee 1

impeachment of William W. Belknap in the name of 1

attendance of the, as a Committee of the Whole House, with
Hon. Samuel J. Randall as its chairman, and accom-
panied by Mr. Speaker Kerr and G. W. Adams, Clerk

of the House 6

Howe, Timothy O., a Senator from Wisconsin —

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

incidental remarks by 21, 27, 172, 173, 188, 236, 324

interlocutory remarks by, on the evidence 232, 238

call for the yeas and nays by 75,191,238,298,342

motions by —
that an order of Mr. Edmunds fixing the time for hearing
the arguments be amended by making it May 8. Re-
jected 19

that the court adjourn 20,21

that the vote ordering that the galleries be cleared be recon-
sidered 172

that the order proposed by Mr. Sherman be divided. Agreed

to 172

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 97-100

point of order raised by, that a motion of Mr. Edmunds could

not now be considered 342

question by —
to the managers : whether a witness stated where the Rob-
inson letter was kept between the date of its receipt

in 1875 and its appearance on the files in 1876 213

to C. P. Marsh, witness for the respondent : Why did you say
to Mrs Bower that the child would have money after

a timet 241

votes by, on the articles of impeachment 344, 347, 350, 353, 356

Huckleberry, J. H., letter from, concerning the introduction of
spirituous liquors in the Indian Territory at Fort

Sill 205,206

Humphreys, Andrew A., Major-General, a witness for the defense,
evidence concerning the oflicial reputation of W. W.
Belknap 208

I.

INGALL8, John J., a Senator from Kansas-
oath, the, administered to, by the Chief Justice 4

incidental remarks by 3,286,295,299,341

call by, for the yeas andnays 342

motions by —

that the court take a recess 37

that the gallaries be cleared and the doors closed. Agreed to . 72

that the court adjourn 75,202,294

that the motion of Mr. Edmunds concerning the final vote

be amended 342

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 124-126

votes by, on the articles of impeachment 344, 347, 350, 3'>3, 356

Instructions to the commanding officers at Fort Sill and Camp
Supply to report on the conduct of the [lost-traders at
those posts 186



Digitized by



Google



376



INDEX TO THE



J.

Pag©.
Jenksy George A., a Bepresentativefrom Pennsylvania —
appointment of, as manager, notification of, to the Senate.... 1
interlocutory remarks by, on the evidence.. 181, 210, 227, 261, 270, 281
remarks by, on the application of the counsel for the respond-
ent for a postponement to secure the evidence of an

absent witness 261

argoment by —
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 47-4>5

on the evidence and the facts of the case 306-313

Johnston, John W., a Senator from Vir^iania—

oath^ the, administered to, by the presiding officer 27

detained from his seat by the illness of a member of his family. 8
Jones, Charles W., a Senator from Florida—

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

opinion by, on the question whether the respondent is liable to
be impeached by the House of Kepresentatives, and
tried by the Senate on impeachment for acts done by
him as Secretary of War, notwithstanding his resigna-
tion before impeachment 137-143

reasons for declining to vote, unless compelled to do so by the

Senate 345

Jones, John P., a Senator from Nevada-
oath, the, administered to, by the Chief Justice 5

votes by, on the articles of impeachment 345, 348, 350, 353, 356

Judgment, final, in the case, written opinions on the 358-365

Judgment of acquittal, the presiding officer directs the Secretary

to enter a 357

Jurisdiction of the Senate sitting as a court of impeachment, plea

of the respondent denying the 6

replication of the House of Representatives, assertins: the 7

rejoinder of the respondent to the replication of the House on

the 8

surrejoinder of the House of Representatives to the r^oinder

of the respondent on the 9

Justice, Department of, allusion to, by Judge Black 13



Kasson, John A., Representative, a witness for the defense, evi-
dence concerning the reputation of W. W. Belknap in

Iowa 269

Kellt, James K., a Senator from Oregon-
oath^ the, administered to, by the Chief Justice 4

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 resignation before impeachment.
[Not furnished for pubhcation.]

votes by, on the articles of impeachment 345, 348, 350, 353, 356

Keokuk, Iowa, reputation of W. W, Belknap at 266,267

Eebnan, Francis, a Senator from New York-
oath, the, administered to, by the Chief Justice 4

incidental remarks by 161,170,287

interlocutory remarks by, on the evidence 189, 192, 236

opinion of, 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 153,154

motion by —
that the motion of Mr. Whyte be amended so that it will
read : that in default of an answer within ten days by the
respondent to the articles of impeachment, the trial

shall proceed as on a plea of not guilty 161

withdrawn 162

that the court adjourn 236

votes by, on the articles of imi>eachment 345, 348, 350, 353, 356

Keman, Joseph A., a witness for the prosecution, states the ac-
counts of C. P. Marsh in the National Bank of Com-
merce of New York, and checks paid 196,197

Kerr, M. C, Speaker of the House of Representatives —

attends 6

allusion to, by Mr. Carpenter 321

Key, David M., a Senator from Tennessee —

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

opinion by, on the question whether the respondent is liable to be
impeached by the House of Representatives, and tried
by the Senat.e on impeachment for acts done by him as
Secretary of War, notwithstanding his resignation be-
fore impeachment 145-147

votes by, on the articles of impeachment 345, 348, 350, 353, 356

King, Richard, a witness for the prosecution, identifies certifi-
oateis of deposit in the National Bank of Commerce
of New YorK issued to C. P. Marsh, payable to W. W.
Belknap 196



Pifcge.
Knott, J. Proctor, a Representative from Kentucky —

appointment as manager, notification of, to the Senate 1

argument by, on the question whether the respondent is amen-
able to trial by impeachment for acts done as Secre-
tary of War, notwithstanding his resignation of that
office 45-47,64-68



Lapham Elbridge G., a Representative from New York —

appointment of, as manager, notification of, to the Senate 1

interlocutory remarks on the evidence by 191, 193,

209, 227, 230, 238, 239, 256, 262, 263, 264, 267, 269, 282, 283, 284
argument by —
on the motion submitted by the resi>ondent that the court
set aside its order asserting jurisdiction, for the reason
that it was not passed with the concurrence of two-
thirds of the Senators present 164

on the questions of fact connected with the case 299-306

Letter from C. P. Marsh to W. W. Belknap, asking that the ap-
pointment of post-trader at Fort Sill be made in the

name of J. S. Evans 185

from General Sheridan to W. W. Belknap concerning the post-
trader circular 257

Logan, John A., a Senator from Illinois —

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

incidental remarks by 164,224,227,318

interlocutory remarks by, on the evidence 211

remarks by —

on the right of a Senator to question witnesses 241, 242

on the management of th^ case by the counsel 248

call for the yeas and nays by 341

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 resignation
before impeachment. [ Not furnished for publication. ]

motion by, that the court take a recess 75

question by —
to Manager Hoar, regarding the pleading of the managers. 23, 24
to Manager Jenks : Article 61 of the Articles of War provides
that any officer who is convicted of conduct unbecom-
ing an officer and a gentleman shall be dismissed from
the service. In a case where an officer of the Army
should be tried under this article of war, after becom-
ing a private citizen, what would be the judgment of

the court-martial? 52

to General McDowell, a witness for the prosecution 188

to Adjutant-General Townsend, respecting the duties of the

Judge-Advocate-General 213

to C. P. Marsh, a witness for the prosecution, concerning his

correspondence with W. W. Belknap 224

to C. P. Marsh, a witness for the prosecution : Prior to the
sending of the first money, had you said anything to
any person or had any person ever said anything to
you on the subject of sending money to General Bel-
knap; if so, who wasitf 238,2.39

to C. P. Marsh, a witness for the prosecution : From the con-
versation with the present Mrs. Belknap, mentioned
by you in your answer to my former interrogatory, yon
spoke of an understanding with the former Mrs. Bel-
knap now deceased; please state what that under-
standing was 241

votes by, on the articles of impeachment 345, 348, 350, 553, 356

Lord, Scott, a Representative from New York —

appointment of, as manager, notification of, to the Senate 1

presentation of the articles of impeachment by 1-3

request by, for the issuing of process against William W. Bel-

kDap 4

announcement by, of the attendance of the House as a Com-
mittee of the Whole 6

request by, for a copy of the plea of respondent 6

presentation by, of the replication of the House of Representa-
tives 7

motion submitted by —
that the court reconsider the order giving the respondent's

counsel the concluding argument 19

that on the 11th day of July the court will proceed to hear

the evidence on the merits in the trial of this case. . 162, 165
resolution of Mr. Senator Sargent substituted for, amended,

and agreed to 165-16?

that the respondent, W. W. Belknap, shall not be allowed to
make any further plea or answer to the articles of im-
peachment preferred against him on the part of the
House of Representatives, but that the future proceed- .

ings proceed as upon a general plea of not guilty ^

remarks by — j

on fixing a time for the rejoinder to bo filed ,



Digitized by



G



qfogle



TRIAL OF WILLIAM W. BELKNAP.



377



Page.
Lord, Scott — remarks by — Continued,

on a postponement of the trial until December and an en-
largement of the time for argument 10, 11

on the request of the counsel for respondent for a postpone-
ment of the trial until May 15 27

on fixing a time for the trial 161,165,171,172

on continuing the trial until some day in November 171, 172

on the order of the final argument 285,286,294

incidental remarks by 12,15,37,165,285,306

argument by —
on the motion of the managers that the evidence bearing on
the question of juriraiction be given before the ar^-
ments shall be presented on that question, and fixing

the time for pleadings 9,16

on the motion of Mr. Conkling that the Senate first hear and

determine the <^uestion of jurisdiction 17, 18

on the question of jurisdiction and the order of proceeding . . 22
on the question whether the respondent is amenable to trial
by impeachment for acts done as Secretary of War, not-

withstcmding his resignation 31-37

on the order of the Senate overruling the demurrer of the re-
spondent to the replication of the House of Represent-
atives and the argument of the respondent's counsel

thereupon 159,160

on the answer of the respondent and the motion that he shall
not be allowed to make any further plea, but that the
future proceedings shall proceed as upon a gener^ plea

of not guilty 170

on closing the case for the prosecution 334-341

denial by, of an allegation by counsel for the respondent that

Judge Hoar gave the President a library 367

Lowe, Ralph r., a witness for the defense —
evidence concerning the reputation of W. W. Belknap at Keo-
kuk, Iowa 266

cross-examined by the counsel for the prosecution 266

re-examined by the counsel for the defense 266, 267

Lynde, William r., a Representative from Wisconsin —
appointment of, as manager, notification of, to the Senate .... 1

incidental remarks by 163

remarks by, concerning the witnesses for the prosecution 174

interlocutory remarks by, on the evidence 188, 192, 210, 211

argument by —
on the motion submitted by the respondent that the court set
aside its order asserting j urisdiction, for the reason that
it was not passed with the concurrence of two-thirds

of the Senators present 163

opening the case before the court 175-179

on the question of jurisdiction upon the final vote 295-298

M.

McCrary, George W., his attendance as a witness desired by the

defense 266

McCreert, Thomas C, a Senator from Kentucky-
oath, the, administered to, by the Chief Justice 4

motions by, that the court adjourn 74,218

votes bv, on the articles of impeachment 345, 348, 350, 35:^, 356

McDowell, Irvin, Major-General, a witness for the prosecution —

stated how he learned that there were abuses connected with

the post-tradership at Fort Sill, and what steps were

taken by the Secretary of War at his suggestion to

rectify them 187-189

cross-examination of, by the counsel for the respondent 189-196

questioned by Mr. Senator Logan 188

correction of the testimony of 271

McDonald, Joseph E., a Senator from Indiana —

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

incidental remarks by 19,20

motion by, that the order fixing the order of discussion of the

j urisdictional question be reconsidered 20

amendment to, by Mr. Cameron. Rejected 21

modified 21

rejected 27

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 08 Secretary of War, notwithstanding his resigna-
tion before impeachmeht 77,78

question by—
to Manager Hoar, regarding a reference to Blount's case .... 23
to Mr. Blair, whether if the term of office of the accused
should terminate during the trial that would discon-
tinue the cause 42

votes by, on the articles of impeachment 345, 348, 350, 353, 356

McLaughlin, Napoleon B., a witness for the defense, evidence
concerning the appointment of J. S. Evans as post-
trader 265

McMahon, John A., Representative from Ohio —
appointment of, as manager, notification of, to the Senate.... 1



Pagei
McMahon, John A. — Cantinttiod.

incidental remarks by 167,168,181,182,189,337

interlocutory remarks by, on the evidence. ..181, 18.% 184, 185, 186,
187, 189, 190, 191, 192, 193, 194, 195, 198, 197, 198, 199, 200,
201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 213, 213,



Online LibraryUnited States. CongressCongressional record : proceedings and debates of the ... Congress → online text (page 168 of 172)