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fore us, I move that the doors be closed for consideration of the mat-
ters submitted.

Mr. BLACK. Mr. President, we oflfer a paper asserting our legal
and constitutional rights, as wo understand them. A Senator rises
and says he objects ; a manager rises and says he objects. Is that a
reason for simply throwing it under the table f Is there not to be
some reason given for such a thing as that f What is to be done
with this f Walk over ns I admit you can, if a majority see proper to
do so. They can do as they please ; they can order it to be thrown
under the table ; but some little respect ought to be shown a man
who is struggling for his liberty and his reputation



Mr. EDMUNDS. I call the counsel to order. I do not think the
language that he is addressing to the Chair is fit to bo addressed to
this court.

The PRESIDENT pro tempore. Counsel will use language which is
proper and decorous.

Mr. BLACK. If I am out of order, I am willing to submit. What
shall I do to get iuto order f

The PRESIDENT pro tempore. The counsel will proceed, using
proper language. The Chair will call him to order if he does not use
proper language.

Mr. BLACK. I desire that thi^ paper shall be filed. After full
and careful consultation with m^ colleagues and my client, we have
concluded in good faith that it is our duty to put in this paper or
some other paper which will disclose our reasons for declining to
plead further. The paper itself is not only respectful to the Senate,
but it is humble to the last degree; and either it ought to be received
or some reason should be given for rejecting it.

Mr. EDMUNDS. If by unanimous consent I can say one word, per-
haps I can relieve the counsel. My objection to the paper was not
with a view of rejecting it, but merely of holding it in reserve until
the Senate could consicfer what ought to be done about it. That per-
haps may relieve the fear of the counsel that he is not going to have
it considered.

Mr. BLACK. Our offer to file it is, then, to be put on record?

The PRESIDENT pro tempore. The Chair will put the question at
the proper time. The objection the Chair notes ; but the question
will be subject to the vote of the Senate.

Mr. BLACK. I only wish to have it noted now that we offer it.

The PRESIDENT pro tempore. That has already been stated by
the counsel. Do counsel desire to be heard further f

Mr. BLAIR. On what subject f

The PRESIDENT pro tempore. On the pending proposition of the
managers.

Mr. BLAIR. Is that a motion in regard to this paper f

The PRESIDENT pro tempore. In regard to the trial. The Secre-
tary will report the proposition submitted by Mr. Manager Lord.

The Chief Clerk read as follows :

Ordered, That the respondent, W. W. Belknap, shall not be allowed to make any
further plea or answer to the articles of impeacnment preferred a^iust him on the
part of the House of KepresentativeB, but that the further proceedings prooeed as
upon a general plea of not guilty.

Mr. BLAIR. I do not understand, may it please the court, that
any such order as that is necessary under the existing order of the
Senate. By the existing order of the Senate we were given until this
day to further answer, and we have openly and publicly declared
that we do not propose to make any answer, but to stand by the rec-
ord as the Senate has made it. Of course under these cireumstanoes
we expect

Mr. KERNAN. Will counsel allow me a moment f I supposed that
the suggestion of the Senator from Vermont was that if the counsel
desired to give any reason why when the counsel are refusing to
plead further we should receive this paper, they should do so. That
IS a question we shall doubtless have to decide upon the objection ;
but if counsel desire to give any reason whv the court should permit
this paper to be filed, when the counsel refuse to file a pleading, let
them give it to us now, as that will be a question that we are to con-
sult upon, as I understand.

Mr. jBLAIR. My learned colleague stated, as I understand, suffi-
ciently our reason for declining to file any further answer and why
we thought it proper for the Senate to allow us to put the paper whion
he read on its records. We cannot see any impropriety in asking of
the Senate that liberty, to put upon the files of this trial in a formal
paper our views of the effect of its previous action. That is all I de-
sire to say on that point

Mr. Manager LORD. Mr. President and Senators, the objection of
the managers to filing this paper is that it is in direct contravention
of the order of the Senate, as we view it. The order of the Senate
was that on this day the respondent should plead to the merits or
that the case should go to trial as upon a plea of not guilty. The
Senate have not forgotten that the learned counsel who makes this
motion stated distinctly in this tribunal at the last hearing that the
question now raised could not be settled until the final determi-
nation of the case, for it is utterly impossible to tell at this time
what the organization of the Senate will be then. The managers
then said, and say now, that on this point we are prepared to argue
the question at a proper time, but it seems entirely premature to
attempt to argue it now, when it is impossible, as I have already
said, to tell what the organization of the Senate will be when the
verdict is to be taken. How many it will take to make two- thirds of
the members present at that time, it is impossible now to tell ; and I
repeat the counsel stated emphatically that the question could not
bo determined until then. He now comes here, declines to plead,
and asks that this rather extraordinary paper be filed. And we say
there is no precedent for filing it, there is no reason for filing it, and
it is a violation of the order of the Senate.

It is Buggeste<l by an associate manager— and I was about to state
it myself—- that if the Senate should decide to allow this paper to be
filed, then we desire to be heard on the question ; but, deeming it en-
tirely improper at this time to file it, we have no more to say on that
subject until the further order of the Senate.



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TRIAL OF WILLIAM W. BELKNAP.



171



Mr. BLAIR. Mr. President, I ask the Senate to indulee me in one
observation . I think my learned friend, the chairman of the managers,
is entirely mistaken in supposing that we cod ceded at any time that
this mutter could not he disposed of until the final hearing of this
cause. We have not taken any such position as that. On the con-
trary, this paper itpelf takes the position, which we t-ook in a paper
hereto f<»re presented bnt not noticed, that, the so-called question of
jurisfliction having been raised by our special plea in bar — for that is
what it was; nothing more, nothing less— it required the same vote to
overrule it that it requires to overrule the plea to the merits in
form, or not guilty. We wish a formal paper on the records of this
bocly showing to the Senate and to the country the position and atti-
tude we take upon that subject, and we think that now is the proper
time. Of course, we do not say that we stand here to prevent the
Senate from proceeding to the trial of the facts. We cannot do that,
because they have already said — and we take it that what they have
said they mean— that, if *we do not on this occasion file a plea to the
merits of this caee, they would proceed and put in a plea of the gen-
eral issue for us themselves ; and we expect that now, aa my col-
league has said to you. All we ask is that this paper, which states
formally the attitude that we hold and shall claim to hold to the end
of this trial, shall be noted on the records of this body. I think that
any impartial tribunal would grant us that liberty of claiming the
right to argue as matter of law that this court has already decided
this question in its action upon the special plea heretofore put in. I
do not call for any argument from the managers now or at any time
hereafter (if they choose to pretermit it) upon this question.

Mr. Manager LORD. The managers ask to substitute the order
which I now submit in place of the one handed up before.

The PRESIDENT yro tempore. The substituted order'will be read.

The Chief Clerk read as follows :

Ordered, That W. W. BeHmap havinji^ made defaolt to plead or answer to the
merits within the time fixed by the order of the Senate, the trial ptooeed as npon a
plea of not guilty, in pursuance of the former order.

Mr. DAWES. Mr. President, is there any motion pending to re-
scind or modify the existing order of the Senate f

The PRESIDENT pro tempore. There is not.

Mr. DAWES. Why, then, should not the Senate proceed to execute
its own order f

The PRESIDENT pj'o tempore. . There are two questions pending
before the Senate, the Chair would remark to the Senator from Massa-
chusetts. One question is on allowing the paper submitted by the
counsel for the accused to be filed ; the other is the proposition on
the part of the managers.

Mr. W^HYTE. I ask that the paperproposed by the counsel for re-
spondent be read by the Secretary. We aid not hear it fully in this
part of the Chamber.

The PRESIDENT pro tempore. The Secretary will read the paper
submitted by the counsel for the accused.

Mr. EDMUNDS. Before that is read, as it is sufcgested that there
is no quorum present, I ask that the Cnair ascertain whether that is
so. We ought not to proceed without a quorum.

The PRESIDENT pro tempore. The Secretary will count the Senate.

The Chief Clerk proceeded to count the Senators present.

The PRESIDENT pro tempore. Twenty-nine Senators are present ;
not a quornni.

Mr. EDMUNDS. I move that the Sergeant-at-Arms be directed to
request the attendance of absentees, so that we may see whether we
can get a quorum.

The motion was agreed to.

The PRESIDENT pro tempore. The Sergeant-at-Arms will execute
the order of the Senate.

Five minutes having elapsed,

Mr. EDMUNDS. It is evident that there is no quorum in the build-
ing, and it is doubtful if there bo one in town. I move, therefore,
that the court adjourn, which is all I can move, there being no quorum.

Mr. ALLISON. I ask when t To what time f

Mr. EDMUNDS. The only thing we can now do under the rules is
to adjouni until to-morrow at twelve o'clock.

The PRESIDENT pro tempore. No business can be transacted unti I
there be a quorum.

Mr. ALLISON. Then the adjournment will be until to-morrow at
twelve o'clock.

The PRESIDENT pro tempore. It will be. TJie Senator from Ver-
mont moves that the Senate sitting for the trial of the impeachment
do now adjourn.

The motion was agreed to ; and (at twelve o'clock and fifty-one
minutes p. m.) the Senate sitting for the trial of the impeachment
adjourned until to-morrow at twelve o'clock m.



Saturday, June 17, 1876.



The PRESIDENT pro tempore having announced the arrival of the
hour fixed, the Senate proceeded to the trial of the impeachment of
William W. Belknap, late Secretary of War.

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

Messrs. Lord, Lynde, McMahon, and Jenks, of the managers,
appeared and were conducted to the seats assigned them.



The respondent appeared with his counsel, Messrs. Blair and
Black.

The Chief Clerk read the journal of yesterday's proceedings of the
Senate sitting for the trial of the impeachment of William W. Bel-
knap.

The PRESIDENT pro tempore. The Senate is now ready to proceed
with the trial. The question now pending is. Shall the paper sub-
mitted by the accused through his counsel be filed in the proceedings
of the trial?

Mr. BLACK. Mr. President, I presume it is in order for me to make
the motion which I am about to make now. I am satisfied, so is my
colleague, so is my client, that it is outside of the limits of physical
possibility for this cause to be tried in this weather. Besides, a largo #
number of our witnesses are so far away as to make it nearly impos-
sible now to get them here by the 6th of July. Some of them per-
haps cannot ue got by that time nor for some time afterward. But
there are reasons which must be obvious to members of the Sen-
ate and which I think will be appreciated and understood by the
managers of the House, which require that the trial of this cause
should be postponed to about the middle of- November. These rea-
sons we have known and understood very well ourselves, and we
have repeatedly acted npon them, but without giving a very full
explanation of them. I tnink they are known to the managers, ought
to be known to the House, and probably are understood by tne Senate.

I appeal to the House through its managers to say whether they
have any desire to press this cause to a trial upon the 6th of July. If
they have any sucb desire, then I hope they will say so; and, if they
consent to it, if it is found to be more convenient for the House and
its managers as well as more likely to result in justice to the accused
party, we will appeal to the Senate with very considerable confidence
that what we both desire will be acceded to by the court.

I therefore now move, merely for the purpose of testing the ques-
tion, that this cause be continued untu some day in the montn of
November.

The PRESIDENT pro tempore. The Secretary will reduce the mo-
tion to writing. [A pause.] The Secretary will report the motion.

The Chief Clerk read as follows :

Ordered, That this oaase be now continued until some convenient day in the
month of November.

The PRESIDENT pro tempore. The Senate will now hear the man-
agers.

Mr. Manager LORD. I think some day had better be named in the
proposed order, but that can be done hereafter.

Mr. President and Senators, under circumstances which I need not
now here detail, surrounding this case, the managers have concluded
to ask leave on this motion to consult with the House. I will say now
that, whatever the conference with the House may result in and
whatever the determination of the Senate may be, we desire that the
question of filing this paper shall be disposed of when there is a
quorum ; but, on the question of postponement under all the circum-
stances in which we find ourselves placed and the case placed, we
desire leave to confer with the House.

Mr. EDMUNDS. I move that the court adjourn, which will be, of
course, until Monday at twelve o'clock.

The question being put, there were on a division— ayes 20, noes 14;
no quorum voting.

Mr. SHERMAN. I should like to have the yeas and nays, in order
to ascertain whether there is a quorum or not. I think there are
Senators here not voting. I call for the yeas and nays.

The yeas and nays were ordered ; and being taken, resulted— yeas
20, nays 15; as follows :



XTAY&^Me88r«! Bogy, Cockrell,'Conkling, Davis, Eaton, Johnston, McCreery,
Maxey, Morton, Bandolph, Banaom, Robertson, Sherman, Thurman, and Whyte—
15.

NOT VOTING— MesMS. Alcorn, Anthony, Bamom, Bayard, Bontvell, Brace,
Bamside, Cameron of Pennsylvania, Cameron of Wisconsin, CaperUm, Clavton,
Conover, Cooper, Dennis, Dorsey, Goldthwaite, Gordon, Hamlin. Harvey, Hitch-
cock, Jones of Florida, Jones of Nevada, Kelly, Kemao, Loean, McDonald, McMil-
lan, Merrimon^itohell, Norwood, Patterson, Sargent, Saalsbory, Sharon. Steven-
son. Wallace, West, and Withers— 38.

So the motion was agreed to ; and the court adjourned until Mon-
day, June 19, at twelve o'clock m.



Monday, June 19, 1876.

The PRESIDENT pro tempore having announced the arrival of the
hour fixed, the Senate proceeded to the trial of the impeachment of
William W. Belknap, late Secretary of War.

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

Messrs. Lord, Lynde, McMahon, Jrnks, Lapham, and Hoar, of
the managers, appeared and were conducted to the seats assigned
them.

The respondent appeared with his counsel, Mr. Blair.

The PRESIDENT pro tempore. The House of Representatives will
be notified as usual.

The Secretary read the Journal of the proceedings of the Senate



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172



TRIAL OF WILLIAM W. BELKNAP.



sitting for the trial of the impeachment of William W. Belknap on
Saturday lost.

The PRESIDENT pro tempore. The Senate is now ready to proceed
with the trial. The Secretary will report the pending motion.

The Secretary read as follows :

Ordered, That tbis cause bo now continoed until aome convenient day in the
month of November next

Mr. Manager LORD. Mr. President, in regard to the application
of the defendant to adjonm the trial to November next, tne man-
agers have reported to the Honse the proceedings in the conrt of im-
peachment on Saturday last ; the Honse has taken no action in the
premises; and the managers therefore leave the question of snch
postponement with the court.

' The PRESIDENT pro tempore. The pending question is on the mo-
tion submitted by the counsel for the accused. The Secretary will
again report the motion.

The Secretary read as follows :

Ordered. That thl« cause be now continued until some convenient day in the
month of November next.

Mr. INGALLS. Mr. President, I should like to hear from the man-
agers upon the question of the power of the Senate to sit in trial when
the House of Representatives is not in session.

Mr. Manager LORD. Perhaps, Mr. President, it will be sufficient
for the managers to say in that regard that the managers are not
agreed on that question. Some of us have a very fixed opinion one
way, and other managers seem to have as fixed an opinion the other
way ; and not bein^ agreed among ourselves we perhaps ought not
to discuss the question nntil we can come to some agreement.

I will say further, Mr. President and Senators, that the question
which is presented by the Senator has not been fully considered by
the managers: it has not been very much discussed by them ; but it
has been sufficiently discussed to enable us to see that there is this
difference of opinion. I think myself that when the question is fully
discussed by the managers they will come to a conclusion on the sub-
ject unanimously; but perhaps one diflferingwith me might think
we should come unanimously to a different conclusion from that which
I entertain. I wiJl say for myself that I have no doubt of the power
of this court to sit as a court of impeachment after the adjournment
of the Conjrress.

Mr. SHERMAN. What is the date fixed in the order proposed f

Mr. WEST. A " convenient day."

The PRESIDENT pro tempore. No specific date is fixed in the motion.

Mr. SHERMAN. If the motion is to be put to the Senate, I desire
to have a day fixed.

The order was again read.

Mr. SHERMAN. Is the order open to amendment f

Mr. Manager LORD. Mr. President, allow me one moment. I ought
to say in regard to the opinion which I have expressed that I prod-
icate that opinion upon the action of both the Houses. I think that
in order to authorize the sitting of this court beyond all question
either the Honse or the Congress should vote to empower the man-
agers to appj^r before this court in the recess or absence of the House.

Mr. SHERMAN. I move that the galleries be cleared so that the
Senate may consult on this question.

The motion was asTeed to.

BIr. Manaeer LORD. Mr. President, may I say one other word be-
fore the result of the motion is announced f I ought to say in further-
ance of the view which I have presented, that the question has been
settled in the State of New York, the State in which I reside, and I,
of course, would naturally be influenced somewhat by the decision.
In the case of Judge Barnard the trial was had at Saratoga after the
adjournment of the Legislature ; and in the recent impeachment triid
in Virginia the same course was taken : the impeachment was not
tried until after the acUoumment of the Legislature. I am also re-
minded that as far back as 1853 when Mr. Mather, a canal commis-
sioner, was impeached in New York, he was tried after the Legisla-
ture atUourned. In regard to the English authorities they seem on
the whole to warrant tne proposition that the House of Lords may

{iroceed as a court of imi>eachment after the acyoumment of the Par-
iament.

The PRESIDENT pro tempore. The Sergeant-at-Arms will clear
the galleries and close the doors.

Mr. HOWE. I move to reconsider the vote ordering the clearing
the galleries

Several Senators. O, no ; let us settle it.

Mr. HOWE. Let us settle it in open session. I ask for the yeas
and nays.

Mr. SHERMAN. Let the order be executed first.

Mr. HOWE. Why sot

Mr. SHERMAN. After the order is made we cannot proceed to do
anything until the order is executed.

Mr. CONKLING. Can we not reconsider it f

Mr. SHERMAN. The order should first be executed. The order
can only be suspended by the Senate, not by a single Senator.

The PRESIDENT nro tempore. The motion to reconsider is in order,
and the Chair was about putting the question pending the clearing
of the galleries. If the Senate concurs in the motion to reconsider, it
arrests the order to clear the galleries. The Senator from Wisconsin
moves that the vote by which the Senate ordered the galleries to be



cleared be reconsidered, upon which the yeas and nays have been
asked.

Mr. THURMAN. If we have an open session there can be no de-
bate unless the rules are suspended.

Mr. CONKLING. If we are consulting it is not so. The rule says
that Senators may be heard when consultations take place ; but it
does not say that the galleries must be cleared in case of consultation.

Mr. THURMAN. f ask that the rule be read.

Mr. CONKLING. This is an open consultation that is proposed.

Mr. THURMAN. I have no obiection if that is understood ; but t|ie
rule is as I have stated. I ask that the rule be read.

The Chief Clerk read from Rule 23, as follows :

All the orders and decisions shall be made and had by yeas and nays, whioh shal
be entered on the record, and withoat debate, snMect. hoTvever, to the operation of
Rule 6, except when the doors shall be doeod tor deliberation, and in that case
no member soall speak more than once on one question and for not more than ten
minutes on an interlocutory question, and for not more than llf teen minutes on the
final question, unless by consent of the Senate, to be had without debate ; but a
motion to acyoum may be decided without the yeas and nays unless they be de-
manded by one-fifth of the members present.

The PRESIDENT pro tempore. There cannot be any debate m open
session unless the rule be suspended.

Mr. SHERMAN. I think the motion to reconsider had better be
withdrawn.

Mr. SARGENT. I suggest that the order should be executed. The
doors are neither open nor closed now. They had better bo closed.

The PRESIDENT pro tempore. The Senator from Wisconsin has
moved to reconsider the vote by whioh the Senate ordered the gal-
leries to 1>e cleared, on whioh the yeas and nays have been ordered.
The Secretary will call the roll.

The question being taken by yeas and nays, resulted — ^yeas 19, nays
24 ; as follows :

YEAS— Messrs. Alcorn, Booth, Cookrell, Conkling, Dawes, Eaton, Ferry, Hamil-
ton, Howe, Johnston, Jones of Florida, Keman, Norwood, Randolph, Ranaom, Wal-
lace. West, Windom, and Withers— 19.

NAYS— Messrs. Allison. Bogy, Caperton, Cla>-ton, Davis, Edmunds, Frelin^rhny-
sen. Ingalls, Kelly, Key, Logan, McCrecry. Maxey, Morrill of Maine, Morrill of
Vermont, Morton, Paddock, Robertson, Sargent, Sherman, Stevenson, Thurman,
Wadleigh. and Wright— 24.

NOT YOTING^Messrs. Anthony, Bamum, Bayard, BontweU, Bruoe. Bnmsido,
Cameron of Pennsylvania, Cameron of Wisconsin, Christiancy, Conovcr, Cooper,
Cra^n, Dennis. Dorsey, Goldthwaite, Gordon, Hamlin, Harvey, Hitchcock, Jones
of ifevada. McDonald, McMillan, Merrimon, Mitchell, Oglesby, Patterson, Sauls-
bury, Sharon, Spencer, and Whyte— 30.

The PRESIDENT pro tempore. The Senate refuses to reconsider its
order. The galleries will be cleared and the doors closed.

The Senate thereupon proceeded to deliberate.

The floor and galleries navin^ been cleared and the doors closed,

The Senate proceeded to consider the order submitted by the coun-
sel for the respondent.

On motion of Mr. THURMAN, it was

Ordered^ That the application of the respondent for postponement of the time
for proceeding with trial be overruled.

On motion of Mr. EDMUNDS, the Senate proceeded to consider the
question of filing the paper read on the 16th instant by Mr. Black, of
counsel for the respondent, assigning the reasons why the respondent
declines to answer the merits of the articles of impeachment as re-
quired by the order of the Senate adopted on the 6th instant ; whioh
paper Mr. Black had requested to have placed on file.



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