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It may not be one of substance; but even if of form, if it be neces-
sary for the Senate then to pass upon it, certainly the necessity fof
passing upon it can be saved by an amendment of the order of the
Senate as made just now.

Therefore I trust there will be a reconsideration of that order for
the purpose of having an order made in accordance with the twenty-
fourth rule. No harm can come, but much difficulty may be saved.

Mr. WHYTE. Mr. President, I should like to ask the President of
the Senate whether it is not proper for us in the first instance, as a
court, to adopt the rules of procedure by the Senate in cases of im-
peachment f It was the opinion of the Chief Justice in the trial
which last took place in this Hall that while the Senate might as a
Senate in its legislative capacity adopt certain rules in regard to im-
peachment, it was necessary for the Senate when sitting as a court
of impeachment to adopt those rules as such court. Therefore I sug-
gest to the Chair whether it is not proper for us in this instance to
adopt the rules before we discuss any questions arising under those
rules f

Mr. EDMUNDS. I insist upon the motion I made, that the Senate,
sitting for the trial of this impeachment, stand acyourned until the
17th instant at half past twelve o*clock.

Mr. BOGY. Before that motion is put I hope that this matter may
be further considered. I intend to present a motion that the order
which has been made, for the return of service at one o'clock, be
amended so as to make the return at half past twelve.

Mr. EDMUNDS. That cannot be properly done without the pres-
ence of the managers.

Mr. BOGY. Why is it not proper t

Mr. EDMUNDS. And there is not the slightest need of it.

Mr. BOGY. I can see no reason for the Senator's suggestion. Any
order made by a court can be changed by the court on a proper case
being made out. I desire to present the question to this body in a
proper way. The very limited discussion which has taken place upon
the subject has tended to confirm me in the belief that we are depart-
ing, in the very first step we take, from the rules prescribed for our
guidance. If the motion of the Senator from Vermont be insisted
upon, I hope it will not be carried, so that I may make a motion to
amend the order which has been made.

The PRESIDENT pro tempore. The question is on the motion of
the Senator from Vermont, that the Senate sitting for the trial of the
impeachment adjourn until the 17th instant at half past twelve
o'clock.



Mr. BOGY. The motion I would make of course cannot be enter-
tained if that motion is carried.

Mr. EDMUNDS. That is so.

Mr. BOGY. I am extremely sorry that at the very first step the
Senator from Vermont should be rather disposed to cut short and bo
curt about this thing. I desire no offense to him and do not questiou
anything he may have done. I am inclined to think we have com-
mitted.an error; and the views expressed by the Senator from Dela-
ware confirm me in that opinion. To dispose of this thing in that
manner, I think, is not treating the subject or those persons that do
not agree with the Senator witn much courtesy.

Mr. EDMUNDS. I ask unanimous consent to make an observation,
as all this debate is out of order.

The PRESIDENT pro ttimpore. The Chair will state that as differ-
ent Senators were speaking he supposed it was done by unanimous
consent. The rule is explicit that there shall be no debate.

Bir. EDMUNDS. I ask unnanimous consent to make a statement.

TheFHESIDEKT pro tempore. Is there objection f The Chair hears
none.

Mr. EDMUNDS. I wish to state to my honorable friend from Mis-
souri that I have not intended to be either curt or short ; but after the
subject has, by unanimous consent, been considered upon both sides
of the views it struck me that the simplest way of testing the sense
of the Senate upon this question of half past twelve or one o'clock
would be to make this motion. If a minority of this bod^ are of
opinion that we have exceeded our jurisdiction in making this order
returnable at one o'clock instead of half past twelve, of course it will
be their bounden duty to refuse to adjourn and to send for the man-
agers and have the order amended ; but if they are of opinion that
this court can change one of its i!orms by making an order inconsist-
ent with it as to an hour, without violating the Constitution of the
United States, then I take it the Senate will bo willing to adjourn
until that time. Making this explanation to my friend, lest he may
have misunderstood the spirit in which I made the motion, I take my
seat.

Mr. BOGY. I shall feel compelled under the circumstances to call
for the yeas and nays upon the question, a thing which I have never
done in this body before. I think we are starting wrong in this thing,
and therefore I call for the yeas and nays on the motion of adjourn-
ment.

The yeas and nays were ordered.

The PRESIDENT pro temwn-e. The Secretary will call the roll of
Senators who have been duly sworn.

The Chief Clerk called the roll, as directed ; and the result waa
announced — yeas 38, nays 10 ; as follows :

YEAS— Messrs. Anthony, Booth, Bontwell, Brace, Cameron of Pennsylvania,
Cameron of Wisconsin, Clayton, Cockrell, Dawes, Dorsey, Edmonds, Frelingbuysen,
Gordon, Hamilton, Hamlin, Hitchcock, Jones of Florida, Kelly, Kornan, Key, Lo-
gan, MoCreery, McDonald, McMillan, Mazey, Merrimon, Mitchell, Morrill ol^ Ver-
mont^ Morton, Ogleshy, Paiddook, Sargent, Sherman, Spencer, Wallace, West, Win«
dom, and Wright— 38.

NAYS— Messrs. Bayard, Bogy, Cooper, Davis, Eaton, Norwood, Bandolph, Sanls-
hurv, Whyte, and Withera— 10.

NOT VOTING— Messrs. Cragin, Ferry, Harvey, IngaUs, Sharon, Stevenson, and
Thnrman- 7.

The PRESIDENT pro tempore. The Senate sitting for the trial of
the impeachment stands adjourned until the 17th instant, at twelve
o'clock and thirty minutes p. m.



Monday, April 17, 1876.

The Chief Justice of the United States entered the Senate Cham-
her, escorted hy Messrs. Edmunds and Thurman, the committee ap-
pointed for the purpose.

The PRESIDENT pro tempore. The hour of twelve o'clock and
thirty minutes having arrived, in pursuance of rule the legislative
and executive husiness of the Senate will he suspended and the Senate
will proceed to the consideration of the articles of impeachment ex-
hibited hy the House of Representatives against William W. Belknap,
late Secretary of War.

The Chief Justice took a seat by the side of the President jpro tem-
pore of the Senate.

The PRESIDENT pro tempore. The Sergeant-at-Arms will make
the opening proclamation.

TheSERGKANT-AT-ARM8. Hear ye! Hear ye! Hear ye! All per-
sons are commanded to keep silence on pain of imprisonment while
the Senate of the United States is sitting for the trial of the articles
of impeachment exhibited by the House of Representatives against
William W. Belknap, late Secretary of War.

The PRESIDENT pro tempore. The Secretary will now call the
names of those Senators who have not been sworn, and such Senators
as they are called will advance to the desk and take the oath.

The Secretary proceeded to call the names of the Senators who had
not been heretofore sworn ; and the Chief Justice administere^l the
oath to Senators Allison, Burnside, Capertox, Christiancy, Conh^
LING, CoNOVER, Dennis, Coldthwaite, Howb, Jones of Nev^a«
Morrill of Maine, Ransom, and Robertson.



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6



TRIAL OF WILLIAM W. BELKNAP.



On motion of Mr. EDMUNDS, it was ^

Ordered, That the Secretarv infonn the Iloase of Representatives that the Sen-
ate is io its Chamber and ready to proceed with the trial of the impeachment of
William W. Belknap, and that seats are provided for the accommodation of the
members.

The PRESIDENT j>ro tempwe, the Secretary will invite the Houae
accordinglv.

At one oxlock p. m. William W. Belknap entered the Senate.Chftm-
ber, accompanied by his counsel, Hon. Jei*emiah S. Black, Hon. Mont-
gomery Blair, and Hon. M. H. Carpenter, who were conducted to the
seats assigned them in the space in front of the Secretary's desk on
the right of the Chair.

'At one o'clock and two minutes p. m. the Sergeant-at-Arms an-
nounced the managers on the part of the House of Representatives.

The PRESIDENT pro tempore. The managers will be admitted and
conducted to seats provided for them within the bar of the Senate.

The managers were conducted to seats provided in the space in
front of the Secret-ary's desk on the left of the Chair, namely: Hon.
Scott Lord, of New York ; Hon. J. Proctor Knott, of Kentucky ;
Hon. William P. Lynde, of Wisconsin ; Hon. J. A. McMahon. of
Ohio ; Hon. O. A. Jbnks, of Pennsylvania : Hon. E. G. Lapham, of
Now York ; and Hon. George F. Hoar, of Massachusetts.

Mr. Manager LORD. Mr. President, in accordance with the invi-
tation extended, the House of Representatives has resolved itself into
a Committee of the Whole and will attend upon this sitting of this
court on being waited upon by the Sergeant-at-Arms.

The PRESIDENT pro tempore. The Serjeant-at-Arms will wait
upon the House of Representatives and invite them to the Chamber
of the Senate.

At one o'clock and five minutes p. m. the Sergeant-at-Arms announced
the presence of the members of the House of Representatives, who
entered the Senate Chamber preceded by the chairman of the Com-
mittee of the Whole House, (Mr. Samuel J. Raiidall, of Pennsylva-
nia,) into which that body had resolved itself to witness the trial,
who was accompanied by the Speaker and Clerk of the House.

The PRESIDENT pro tempore. The Secretary will now read the
minutes of the sitting on Wednesday, the 5th instant.

The Secretary read the Journal of proceedings of the Senate sitting
for trial of the impeachment of Wednesday, April 5, 1876.

The PRESIDENT pro tempore. The Secretary will now read the re-
turn of the Sergcant-at-Arms to the summons directed to be served.

The Secretary read the following return appended to' the writ of
summons :

Tbe foregoing -vrrit of snmmons addressed to Willlum W. Belknap and the fore-
going precent addressed to me were duly sei ved upon the said William W. Bel-
knap by delivering to and leaving with him true and attested copies of the same
at No. 9023 O street, Washington City, the residence of the said William W. Bel-
knap, on Thorsday the 6th day of April, 1876, at six o'clock and forty minutes in
the afternoon of that day.

JOHN R. FRENCH,
SergeantrOt-Arms of the Senate of the XTnUed Statee.

The PRESIDENT pro tempore. The Chair understands that Rule
9 will be suspended for reasons already stated, and the Chief Justice
will now administer the oath to the officer attesting the truth of this
return.

The Chief Justice administered the following oath to the Sergeant-
at-Arms:

I, John B. French, do solemnly swear that the return made hy me upon the proc.
ess issued on the 6th day of April, by the Senate of the United States, against W
W. Belknap, is truly made, and that I have performed such service as therein de.
scribed: SohelpmeOod.

The PRESIDENT pro tempore. The committee will please escort the
Chief Justice to the Supreme Court room.

The Chief Justice retired, escorted by the committee, Mr. Edmunds
and Mr. Thurman.

The PRESIDENT pro tempore. The Sergeant-at-Arms will now call
William W. Belknap, the respondent, to appear and answer the charges
of impeachment brought against him.

The Sergbant-at-Arms. William W. Belknap, William W. Bel-
knap, appearand answer the articles of impeachment exhibited against
you by the House of Representatiyes.

Mr. CARPENTER. Mr. President, William W. Belknap, a private
citizen of the United States and of the State of Iowa, in obedience to
the snmmons of the Senate sitting as a court of impeachment to try
the articles presented against him by the House of Representatiyes of
the United States, appears at the bar of the Senate sitting as a court
of impeachment and mterposes the following plea; which I will ask
the Secretary to read and request that it may be filed.

The Secretary read as foUows :

In the Senate of the United States sitting as a court of impeachment
Thb United States of Ambbica ) Upon artictes of impeachment of the Honse of
„ w. V Representatives of the United States of

WnuAM W. Bblknap. ) America, of high crimes and misdemeanors.

And the Mid William W. Belknap, named in the said articles of impeachment,
comes here before the honorable the Senate of the United States sitting as a court
of impeaohment» in his own proper person, nnd says that this honorable court ought
not to have or take further C4>gnizance of the said articles of impeachment exhib-
ited and presented against him by the House of Representatives of the Unit4Ml
States, because, he says, that before and at the time when the said House of Rep-
resentatives ordered and dirccteil that ho, the said Belknap, should be impeached
at the bar of the Senate, and at the time wheu the said articles of impeachment
were exhibited and presented against him, the said Belknap, bv the said HouBe of
Representatives, he, the said Belknap, was not, nor hath ho since been, nor is he



now an officer of the United States ; but at the said times was, ever since hath been,
and now is a private citizen of the TJnited States and of the State of Iowa ; and this
hC; the said Belknap, is ready to verify ; wherefore he prays judgment whether
this court can or will take further oognizanoe of the said articles oi impeachment.

WM. W. BELKNAP.
Ukttbd States of Ambbica,

Dietriet qf Ooltmibia, et:
William W Belknap, being first duly sworn on oath, says that the foregoing plea
by him subscribed is true in substance and fskot.

WM. W. BBLKNAP.
Subscribed and sworn to before me this nth day of April, 1876.

^AVID DAVIS.
Aeeoeiate Justiee of the Supreme Cknwt of the United Statee.

Hir, CARPENTER. Mr. President, Judge Jeremiah S. Black, Hon.
Montgomery Blair, and myself also appear as counsel for Mr. Belknap*

The PRESIDENT pro tempore. The Secretary will note the appear-
ance of the respondent and the presence of the counsel named.

Mr. Manager LORD. Mr. President, the managers pray a copy of
the plea that has been filed, and the House of KepresentAtives ask
time to consider what replication to make to the plea of William W.
Belknap, late Secretary of War, to the jurisdiction of this Senate sit-
ting as a court of impeachment.

The PRESIDENT pro tempore. There is no objection, I believe, to
the filing of the plea of the respondent. The Chair hears no objec-
tion; it will be med. The managers will please reduce their motion
to writing.

Mr. Manager LORD. We will do so.

The PRESIDENT pro tempore. The Cliair will state to the officers
and members of the House of RepresentAtives, that if it is to their
convenience to withdraw at any time, they are at liberty to do so.

The Honse of Representatives then withdrew.

Mr. Manager LORD. Mr. President, I have sent to the Secretary
the request of the managers.

The PRESIDENT pro tempore. The managers submit a motion,
which will be read.

The Chief Clerk read as follows :

The managers on the part of the House of Bepresentatives request a copy of the

Slea filed by W. W. Bellm^, late Secretary of war, and the House of Eepresenta-
Lves desire time until Wednesday, the L9th instant at one o'clock, to consider what
replication to make to the plea of the said W. W. Belknap, late Secretuy of War.

The PRESIDENT pro tempore. Senators, yon have heard the mo-
tion of the managers. Those who concur will say ay ; those who non-
concur will say no, [putting the question.] The ayes have it; the
Senate so orders.

The Chair wiU ask the gentlemen counsel for the respondent if they
will be ready to proceed at the time named in the motion submitted
by the managersf

Mr. CARPENTER. That will depend entirely upon what the man-
agers do. We cannot anticipate. If they do what we suppose they
will do, we shall be ready, it not, we shall have to consider what
we will do next.

The PRESIDENT j^ro tempore. Have the managers on the part of
the Honse of Representatives anything further to propose f

Mr. Manager LORD. We have nothing further to propose at this
time. With the leave of the Senate we beg permission to retire.

The PRESIDENT pro tempore. Leave is granted. Have counsel
for the respondent anything further to propose t

Mr. CARPENTER. Nothing, Mr. President.

The managers and counsel thereupon withdrew.

The PRESIDENT pro tempore, Wliat is the pleasure of the Senate f

Mr. EDMUNDS. I move that the Senate sitting for the trial of the
impeachment adjourn imtil Wednesday next, at half past twelve
o'clock.

The motion was agreed to ; and the Senate sitting for the trial of the
impeachment adjourned to Wednesday, the 19th instant, at twelve
o'clock and thirty minutes p. m.



Wednesday, April 19, 1876.

The PRESIDENT pro tempore. The hour of twelve o'clock and
thirty minutes having arrived, according to the rules tbe legislative
and executive business of the Senate will be suspended, and the Sen-
ate will proceed to the consideration of the articles of impeachment
exhibited by the House of Representatives against William W. Bel-
knap, late Secretary of War. The Sergeant-at-Arms will open the
session by proclamation.

The Sergeant-at-Arms. Hear ye! fiearye! Hear ye! All per-
sons are commanded to keep silence while the Senate of the United
States is sitting for the trial of the articles of impeachment exhibited
by the House of Representatives against William W. Belknap, late
Secretary of War.

The respondent appeared with his cooiisol, Messrs. Black, Blair, and
Carpenter.

The PRESIDENT jwo tempore. The Chair observes that tbe man-
agers are not present. If tnere be no objection, the Secretary will
Inform the managers, before the minutes are reafl, that the Senate is
ready for the trial; pending which, if there be no objection, the Sec-
retary will call the roll of Senators who were heretofore absent juid
have not been sworn.



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TRIAL OF WILLIAM W. BELKNAP.



The Chief Clerk proceeded to call the names of the Senators who
have not been heretofore sworn ; and the President ptv tempore ad-
ministered the oath to Senators English and Patterson, a law having
been passed providing for the administration of oaths by the presiding
officer of the Senate.

At twelve o'clock and forty-five minutes p. m., Mr. O. M. Adams,
Clerk of the Hoose of Representatives, appeared below the bar and
delivered the following message :

Mr. President, I am directed by the House of Representatives to in-
form fche Senate that the House of Representatives have adopted a
replication to the plea of William W. Belknap, late Secretarv of War,
to the articles of impeachment exhibited against him, and that the
same will be presented to the Senate by the managers on the part of
the blouse.

The PRESIDENT pro tempore. The Senate is now ready to receive
the managers.

At twelve o*clock and fifty-two minutes p. m. the Sergeant-at-Arms
announced the managers of the impeachment on the part of the House
of Representatives.

The PRESIDENT pro tempore. The Sergeant-at-Arms will conduct
the managers to the seats prepared for them within the bar of the
Senate.

The managers (with the exception of Mr. Knott, who was not pres-
ent) were conducted to the seats assigned them.

The PRESIDENT pro tempore. The Secretary will now read the
minutes of the last day's proceedings.

The Secretary read the Journal of the proceedings of the Senate sit-
ting for the trial of the impeachment of William W. Belknap, of Mon-
day. April 17.

The PRESIDENT jpro tempore. The message received from the
House of Representatives will be read.

The Secretary read as follows :

C0NORB86 OP TBB XJnitbd States,
In thb Houbb of Rbpessbmtativbs,

A^rU 19, 1S76.

Betolved^ That a mewage be sent to the Senate by the Clerk of the Honae, inform'
ing the Senate that the uonae of RepresentatiTee has adopted a replication to the
plea of William W. Belknap, late Secretary of War, to the articles of impeachment
exhibited against him, and that the same will be presented to the Senate by the
managers on Uie part of the Hoose.

Attest:

* GEO. M. ADAMS. OUrk.

The PRESIDENT pro tempore. Gentlemen managers, in accordance
with the order of the Senate fixing the hour of one o'clock as the time
at which it will hear you. the Senate is now ready to hear you.

Mr. Manager LORD. Mr. President, tbe House of Representatives
having adopted a replication to the plea of William W . Belknap to
the jurisdiction of this court, as advised by the resolution lust read,
the managers are instructed to present the replication to the Senate
sitting as a court of impeachment, and to request that the same may
be reiM by the Secretary and filed among the Senate's papers.

The PRESIDENT pro tempore. The replication will be read by the
Secretary.

The Secretary read as follows :

In the Senate of the United States sitting as a court of, impeachment.
Thb TJkitbd Statis or Ambbica )

WnxiAM W. Bblknap. )
The replication of the House of RepresentatiTes of the United Stages in their own

behalf, and also in the name of the people of the United States, to the plea of

William W. Belknap to the articles of impeachment exhibited by them to the

Senate against the said William W. Belknap.

The House of Kepresentatires of the United States, prosecuting, on behalf of
themselvee and the people of the United States, the artadcs of impeachment ex-
hibited by them to the Senate of the United States against said William W.
Belknap, reply to the plea of said William W. Belknap, and say that the matters
alleged in the said plea are not sufficient lo exempt the saia William W. Bel-
knap from answering the said articles of impeachmeuL because they say that at the
time all the acts charged in said articles of impeachment were done and com-
mitted, and thence continuously done, to the Sd day of March, A. D. 1876, the said
William W. Belknap was Secretary of War of the United States, as in said articles
of impeachment averred, and, therefore, that by the Constitution of the United
States the House of Bepresentatives had power to prefer tbe articles of impeach'
mont^ and the Senate have full and the sole power to try the same. Wherefore,
they demand that the plea aforesaid of the said William W. Belknap be not
allowed, but that the said William W. Belknap be required to answer the said
articles of impeachment.

The House of Bepresentatives of the United States, so prosecuting in behalf of
themselves and the people of the United States the said articles of impeachment
exhibited by them to the Senate of the United States against tbe said William W.
Belknap, for a second and further replication to the plea of the said William W.
Belknap^y that the matters alleged in the said plea are not sufficient to exempt
the said William W. Belknap from answering the said articles of impeachment, be-
cause they say that at the time of the commission by the said William W. Belknap
of the acts and matters set forth in the said articles of impeachment he, said Will-
iam W. Belknap, was an officer of the United States, as lUleged in the said articles
of impeachment ; and they say that the said William W. ^Iknap, after the com-
mission of each one of toe acts alleged in the said articles, was and continued
to be such officer, as alleged in said articles, until and including the 9d day of
March, A. D. 1876. and until the House of Representatives, by its proper commit-
tee, had completed its investigation of his official conduct as such officer in regard
to the matters and things set forth as official misconduct in tbe said articles, and
the said committee was considering the report it should make to the House of Rep-
resentatives upon the same, the said Belknap being at the time aware of such in-
Testigation and of the evidence taken and of such proposed report.

And the House of Representatives further say that, while its said committee was
considering and prepanng its said report to the House of Ropresontativoa recom-
mending the impeachment of the said William W. Belknap for the matters and



things set forth in the said articles, the said William W. Belknap, with full knowl.
edge thereof, resigned his position as such officer on the said 2a day of March, A.
B. 1876, with intent to evade the proceedings of impeachment a«;ain8t him. And
the House of Representatives resolved to impeach the said William W. Belknap
for said matters as in said articles set forth on sold tid day of March. A. D. 1876.



And the House of Representatives say that by the Constitution of the Uniteil



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