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ARTICLES OF IMPEACHMENT EXHIBITED BY THE HOUSE OF REPRESENTATIVES.

FRIDAY, March 3, 1876.

The following message was received from the House of Representatives at twelve o'clock and fifty-five minutes p. m., by the hands of

Mr. GREEN ADAMS, its Chief Clerk:

Mr. President, the House of Representatives has passed the following resolution:

Resolved, That a committee of five members of this House be appointed and instructed to proceed immediately to the bar of the Senate, and there impeach William W. Belknap, late Secretary of War, in the name of the House of Representatives tives and of all the people of the United States of America, of high crimes and misdemeanors while in office, and to inform that body that formal articles of impeachment will in due time be presented, and to request the Senate to take such order in the premises as they may deem appropriate.

And it has

Ordered, That Messrs. HIESTER CLYMER of Pennsylvania, W. M. ROBBINS of North Carolina, J. C. S. BLACKBURN of Kentucky, L. K. BASS of New York, and LORENZO DANFORD of Ohio be the committee aforesaid.

At one o'clock p. m. the Sergeant-at-Arms announced the committee from the House of Representatives, who appeared at the bar of the Senate.

The committee advanced to the area in front of the Chair, when Mr. CLYMER said: Mr. President, in obedience to the order of the House of Representatives we appear before you, and in the name of the House of Representatives and of all the people of the United States of America, we do impeach William W. Belknap, late Secretary of War of the United States, of high crimes and misdemeanors while in office; and we further inform the Senate that the House of Representatives will in due time exhibit articles of impeachment against him, and make good the same. And in their name we demand that the Senate shall take order for the appearance of the said William W. Belknap to answer said impeachment.

The PRESIDENT pro tempore. Mr. Chairman and gentleman of the committee of the House of Representatives, the Senate will take order in the premises.

The committee thereupon withdrew.

Mr. EDMUNDS offered the following order; which was read:

Ordered, That the message of the House of Representatives relating to the impeachment of William W. Belknap be referred to a select committee to consist of five Senators.

Mr. EDMUNDS. Ioffer this order in accordance with the usual precedents. Proceeding upon the principle of the thing, I should think it would be better to refer a message of this kind to some one of the standing committees of the Senate; but following the usual course in such cases, I have framed the order in this way.

Mr. SAULSBURY. I should like to ask the Senator from Vermont whether that is the usual course?

Mr. EDMUNDS. Yes, sir; that is the usual course.

The PRESIDENT pro tempore. The question is on agreeing to the resolution. The resolution was agreed to.

By unanimous consent, the President pro tempore was authorized to appoint the committee; and Messrs. EDMUNDS, CONKLING, FRELINGHUYSEN, THURMAN, and STEVENSON were appointed.

MONDAY, March 6, 1876.

Mr. EDMUNDS. I am directed by the select committee to whom was referred the message of the House of Representatives respecting the impeachment of William W. Belknap to report a preamble and

resolution, and I ask for their present consideration. This is a mere

formality as the next step in the orderly progress of the affair, according to the precedents.

The resolution was considered by unanimous consent and agreed to, as follows:

Whereas the House of Representatives on the 3d day of March, 1876, by five of its members, Messrs. CLYMER, ROBBINS, BLACKBURN, BASS, and DANFORD, at the bar of the Senate, impeached William W. Belknap, late Secretary of War, of high crimes and misdemeanors, and informed the Senate that the House of Representawill in due time exhibit particular articles of impeachment against him and make good the same; and likewise demanded that the Senate take order for the appearance of the said William W. Belknap to answer the said impeachment: Therefore,

Ordered, That the Senate will, according to its standing rules and orders in such cases provided, take proper order thereon, (upon the presentation of articles of impeachment,) of which due notice shall be given to the House of Representatives. Ordered, That the Secretary acquaint the House of Representatives herewith.

MONDAY, April 3, 1876.

Mr. GEORGE M. ADAMS, Clerk of the House of Representatives, appeared at the bar of the Senate and said:

Mr. President, I am directed to inform the Senate that the House of Representatives has passed the following resolutions:

Resolved, That the articles agreed to by this House to be exhibited in the name of themselves and of all the people of the United States against William W. Belknap, late Secretary of War, in maintenance of their impeachment against him of high crimes and misdemeanors in office be carried to the Senate by the managers

appointed to conduct said impeachment.

Resolved, That a message be sent to the Senate to inform them that this House have appointed Mr. SCOTT LORD, of New York; Mr. J. PROCTOR KNOTT, of Kentucky; Mr. WILLIAM P. LYNDE, of Wisconsin; Mr. JOHN A. MCMAHON, of Ohio; Mr. GEORGE A. JENKS, of Pennsylvania; Mr. ÉLBRIDGE G. LAPHAM, of New York; and Mr. GEORGE F. HOAR, of Massachusetts, managers to conduct the impeachment against William W. Belknap, late Secretary of War, and have directed the said managers to carry to the Senate the articles agreed upon by this House to be exhibited in maintenance of their impeachment against said William W. Belknap, and that the Clerk of the House do go with said message.

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

The SERGEANT-AT-ARMS. Hear ye! hear ye! hear ye! All persons are commanded to keep silence, on pain of imprisonment, while the House of Representatives is exhibiting to the Senate of the United States articles of impeachment against William W. Belknap, late Secretary of War.

Mr. Manager LORD rose and read the articles of impeachment, as follows: Articles exhibited by the House of Representatives of the United States of America in the names of themselves and of all the people of the United States of America, against William W. Belknap, late Secretary of War, in maintenance and support of their impeachment against him for high crimes and misdemeanors while in said office. ARTICLE I.

That William W. Belknap, while he was in office as Secretary of War of the United States of America, to wit, on the 8th day of October, 1870, had the power and authority, under the laws of the United States, as Secretary of War as aforesaid, to appoint a person to maintain a trading establishment at Fort Sill, a military post of the United States; that said Belknap, as Secretary of War as aforesaid, on the day and year aforesaid, promised to appoint one Caleb P. Marsh to maintain said trading establishment at said military post; that thereafter, to wit, on the day and year aforesaid, the said Caleb P. Marsh and one John S. Evans entered into an agreement in writing substantially as follows, to wit: Articles of agreement made and ent ered into this 8th day of October, A. D. 1870, by and between John S. Evans, of Fort Sill, Indian Territory, United States of America, of the first part, and Caleb P. Marsh, of No. 51 West Thirty-fifth street, of the city, county, and State of New York, of the second part, witnesseth, namely: "Whereas the said Caleb P. Marsh has received from General William W. Belknap, Secretary of War of the United States, the appointment of post-trader at Fort Sill aforesaid; and whereas the name of said John S. Evans is to be filled into the commission of appointment of said post-trader at Fort Sill aforesaid, by permission and at the instance and request of said Caleb P. Marsh, and for the purpose of carrying out the terms of this agreement; and whereas said John S. Evans is to hold said position of post-trader as aforesaid solely as the appointee of said Caleb P. Marsh, and for the purposes hereinafter stated: "Now, therefore, said John S. Evans, in consideration of said appointment and the sum of $1 to him in hand paid by said Caleb P. Marsh, the receipt of which is hereby acknowledged, hereby covenants and agrees to pay to said Caleb P. Marsh the sum of $12,000 annually, payable quarterly in advance, in the city of New York aforesaid; said sum to be so payable during the first year of this agreement absolutely and under all circumstances, anything hereinafter contained to the contrary notwithstanding; and thereafter said sum shall be so payable, unless increased or reduced in amount, in accordance with the subsequent provisions of this agreement. "In consideration of the premises, it is mutually agreed between the parties aforesaid as follows, namely:

"First. This agreement is made on the basis of seven cavalry companies of the United States Army, which are now stationed at Fort Sill aforesaid. "Second. If at the end of the first year of this agreement the forces of the United States Army stationed at Fort Sill aforesaid shall be increased or diminished not to exceed one hundred men, then this agreement shall remain in full force and changed for the next year. If, however, the said forces shall be increased or diminished beyond the number of one hundred men, then the amount to be paid under this agreement by said John S. Evans to said Caleb P. Marsh shall be increased or reduced in accordance therewith and in proper proportion thereto. The above rule laid down for the continuation of this agreement at the close of the first year thereof shall be applied at the close of each succeeding year so long as this agreement shall

remain in force and effect.

"Third. This agreement shall remain in force and effect so long as said Caleb P.
Marsh shall hold or control, directly or indirectly, the appointment and position of
post-trader at Fort Sill aforesaid.
"Fourth. This agreement shall take effect from the date and day the Secretary of
War aforesaid shall sign the commission of post-trader at Fort Sill aforesaid, said
commission to be issued to said John S. Evans at the instance and request of said
Caleb P. Marsh, and solely for the purpose of carrying out the provisions of this

agreement.
"Fifth. Exception is hereby made in regard to the first quarterly payment under
this agreement, it being agreed and understood that the same may be paid at any
time within the next thirty days after the said Secretary of War shall sign the
aforesaid conmission of post-trader at Fort Sill.

"Sixth. Said Caleb P. Marsh is at all times, at the request of said John S. Evans, to use any proper influence he may have with said Secretary of War for the protection of said John S. Evans while in the discharge of his legitimate duties in the conduct of the business as post-trader at Fort Sill aforesaid.

"Seventh. Said John S. Evans is to conduct the said business of post-trader at Fort Sill aforesaid solely on his own responsibility and in his own name, it being expressly agreed and understood that said Caleb P. Marsh shall assume no liability in the premises whatever.

"Eighth. And it is expressly understood and agreed that the stipulations and covenants aforesaid are to apply to and bind the heirs, executors, and administrators of the respective parties. "In witness whereof the parties to these presents have hereunto set their hands and seals, the day and year first above written. "JOHN S. EVANS. [SEAL.] "C. P. MARSH. [SEAL.]

ARTICLE IV.

That said William W. Belknap, while he was in office and acting as Secretary of War of the United States of America, did, on the 10th day of October, 1870, in the exercise of the power and authority vested in him as Secretary of War as aforesaid by law, appoint one John S. Evans to n.aintain a trading establishment at Fort Sill, a military post of the United States, and he, the said Belknap, did receive, from one un-pointed said John S. Evans to maintain said trading establishment at said military Caleb P. Marsh, large sums of money for and in consideration of his having so appost, and for continuing him therein, whereby he has been guilty of high crimes and misdemeanors in his said office.

Specification 1.-On or about the 2d day of November, 1870, said William W. Belknap. while Secretary of War as aforesaid, did receive from Caleb P. Marsh $1,500, in consideration of his having appointed said John S. Evans to maintain a trading

establishment at Fort Sill aforesaid, and for continuing him therein.

Belknap, while Secretary of War as aforesaid, did receive from said Caleb P. Marsh
Specification 2.-On or about the 17th day of January, 1871, the said William W.
$1,500, in consideration of his having appointed said John S. Evans to maintain a
trading establishment at Fort Sill aforesaid, and for continuing him therein.
Specification 3.-On or about the 18th day of April, 1871, the said William W.
Belknap, while Secretary of War as aforesaid, did receive from said Caleb P. Marsh
$1,500, in consideration of his having appointed said John S. Evans to maintain a
trading establishment at Fort Sill aforesaid, and continuing him therein.
Belknap, while Secretary of War as aforesaid, did receive from said Caleb P. Marsh
Specification 4.-On or about the 25th day of July, 1871, the said William W.
$1,500, in consideration of his having appointed said John S. Evans to maintain a
trading establishment at Fort Sill aforesaid, and continuing him therein.

Belknap, while Secretary of War as aforesaid, did receive from said Caleb P. Marsh
Specification 5.-On or about the 10th day of November, 1871, the said William W.
$1,500, in consideration of his having appointed said John S. Evans to maintain a
trading establishment at Fort Sill aforesaid, and continuing him therein.

Belknap, while Secretary of War as aforesaid, did receive from said Caleb P. Marsh Specification 6.-On or about the 15th day of January, 1872, the said William W. $1,500, in consideration of his having appointed said John S. Evans to maintain a trading establishment at Fort Sill aforesaid, and continuing him therein.

knap, while Secretary of War as aforesaid, did receive from said Caleb P. Marsh Specification 7.-On or about the 13th day of June, 1872, the said William W. Bel$1,500, in consideration of his having appointed said John S. Evans to maintain a trading establishment at Fort Sill aforesaid, and continuing him therein.

Specification 8.-On or about the 22d day of November, 1872, the said William W. Belknap, while Secretary of War as aforesaid, did receive from said Caleb P. Marsh $1,500, in consideration of his having appointed said John S. Evans to maintain a trading establishment at Fort Sill aforesaid, and continuing him therein.

Specification 9.-On or about the 28th day of April, 1873, the said William W. Belknap, while Secretary of War as aforesaid, did receive from said Caleb P. Marsh $1,000, in consideration of his having appointed said John S. Evans to maintain a trading establishment at Fort Sill aforesaid, and continuing him therein.

Specification 10.-On or about the 16th day of June, 1873, the said William W. Belknap, while Secretary of War as aforesaid, did receive from said Caleb P. Marsh $1,700, in consideration of his having appointed said John S. Evans to maintain a trading establishment at Fort Sill aforesaid, and continuing him therein. Specification 11.-On or about the 4th day of November, 1873, the said William W. Belknap, while Secretary of War as aforesaid, did receive from said Caleb P. Marsh $1,500, in consideration of his having appointed said John S. Evans to maintain a trailing establishment at Fort Sill aforesaid, and continuing him therein. Specification 12.-On or about the 22d day of January, 1874, the said William W. Belknap, while Secretary of Waras aforesaid, did receive from said Caleb P. Marsh $1,500, in consideration of his having appointed said John S. Evans to maintain a trading establishment at Fort Sill aforesaid, and continuing him therein. Specification 13.-On or about the 10th day of April, 1874, the said William W. Belknap, while Secretary of War as aforesaid, did receive from said Caleb P. Marsh $1,500, in consideration of his having appointed said John S. Evans to maintain a trading establishment at Fort Sill aforesaid, and continuing him therein. Specification 14.-On or about the 9th day of October, 1874, the said William W. Belknap, while Secretary of War as aforesaid, did receive from said Caleb P. Marsh $1,500, in consideration of his having appointed said John S. Evans to maintain a trading establishment at Fort Sill aforesaid, and continuing him therein.

"Signed, sealed, and delivered in presence of— E. T. BARTLETT." That thereafter, to wit, on the 10th day of October, 1870, said Belknap, as Secretary of War aforesaid, did, at the instance and request of said Marsh, at the city of Washington, in the District of Columbia, appoint said John S. Evans to main tain said trading establishment at Fort Sill, the military post aforesaid, and in consideration of said appointment of said Evans, so made by him as Secretary of War as aforesaid, the said Belknap did, on or about the 2d day of November, 1870, unlawfully and corruptly receive from said Caleb P. Marsh the sum of $1,500, and that at divers times thereafter, to wit, on or about the 17th day of January, 1871, and at or about the end of each three months during the term of one whole year, the said William W. Belknap, while still in office as Secretary of War as aforesaid, did unlawfully receive from said Caleb P. Marsh like sums of $1,500, in consideration of the appointment of the said John S. Evans by him, the said Belknap, as Secretary of War as aforesaid, and in consideration of his permitting said Evans to continue to maintain the said trading establishment at said military post during that time; whereby the said William W. Belknap, who was then Secretary of War as aforesaid, was guilty of high crimes and misdemeanors in office.

ARTICLE II.

he would continue to permit one John S. Evans to maintain a trading establishment at Fort Sill, a military post of the United States, which said establishment said Belknap, as Secretary of War as aforesaid, was authorized by law to permit to be maintained at said military post, and which the said Evans had been before that time appointed by said Belknap to maintain; and that said Belknap, as Secretary of War as aforesaid, for said consideration, did corruptly permit the said Evans to continue to maintain the said trading establishment at said military post. And so the said Belknap was thereby guilty, while he was Secretary of War, of a high misdemeanor in his said office.

ARTICLE III.

That said William W. Belknap was Secretary of War of the United States of America before and during the month of October, 1870, and continued in office as such Secretary of War until the 2d day of March, 1876; that as Secretary of War as aforesaid said Belknap had authority, under the laws of the United States, to appoint a person to maintain a trading establishment at Fort Sill, a military post of the United States, not in the vicinity of any city or town; that on the 10th day of October, 1870, said Belknap, as Secretary of Waras aforesaid, did, at the city of Washington, in the District of Columbia, appoint one John S. Evans to maintain said trading establishment at said military post; and that said John S. Evans, by virtue of said appointment, has since, till the 2d day of March, 1876, maintained a trading establishment at said military post, and that said Evans, on the 8th day of October, 1870, before he was so appointed to maintain said trading establishment as aforesaid, and in order to procure said appointment and to be continued therein, agreed with one Caleb P. Marsh that, in consideration that said Belknap would appoint him, the said Evans, to maintain said trading establishment at said military post, at the instance and request of said Marsh, he, the said Evans, would pay to him a large sum of money, quarterly, in advance, from the date of his said appointment by said Belknap, to wit, $12,000 during the year immediately following the 10th day of October, 1870, and other large sums of money, quarterly, during each trading establishment at said post; that said Evans did pay to said Marsh said sum year that he, the said Evans, should be permitted by said Belknap to maintain said of money quarterly during each year after his said appointment, until the month of December, 1875, when the last of said payments was made; that said Marsh, upon Yet the said Belknap, well knowing these facts, and having the power to remove the receipt of each of said payments, paid one-half thereof to him, the said Belkrap. maintain said trading establishment, but criminally disregarding his duty as Secsaid Evans from said position at any time, and to appoint some other person to retary of War, and basely prostituting his high office to his lust for private gain, did unlawfully and corruptly continue said Evans in said position and permit him to maintain said establishment at said military post during all of said time, to the great injury and damage of the officers and soldiers of the Army of the United States stationed at said post, as well as of emigrants, freighters, and other citizens of the United States, against public policy, and to the great disgrace and detriment of the public service.

Whereby the said William W. Belknap was, as Secretary of War as aforesaid, guilty of high crimes and misdemeanors in office.

That said William W. Belknap, while he was in office as Secretary of War of the United States of America, did, at the city of Washington, in the District of Columbia, on the 4th day of November, 1873, willfully, corruptly, and unlawfully take and receive from one Caleb P. Marsh the sum of $1,500, in consideration that

Specification 15.-On or about the 24th day of May, 1875, the said William W. Belknap, while Secretary of War as aforesaid, did receive from said Caleb P. Marsh $1,500, in consideration of his having appointed said John S. Evans to maintain a trading establishment at Fort Sill aforesaid, and continuing him therein. Specification 16.-On or about the 17th day of November, 1875, the said William❘ W. Belknap, while Secretary of War as aforesaid, did receive from said Caleb P. Marsh $1,500, in consideration of his having appointed said John S. Evans to maintain a trading establishment at Fort Sill aforesaid, and continuing him therein. Specification 17.-On or about the 15th day of January, 1876, the said William W. Belknap, while Secretary of War as aforesaid, did receive from said Caleb P. Marsh $750, in consideration of his having appointed said John S. Evans to maintain a trading establishment at Fort Sill aforesaid, and continuing him therein.

ARTICLE V.

Ordered, That a committee of two Senators be appointed by the Chair to wait upon the Chief Justice of the United States and invite him to attend in the Senate Chamber at one o'clock p. m. this day to administer to Senators the oath required by the Constitution in the matter of the impeachment of William W. Belknap, late Secretary of War.

Mr. INGALLS. Can the Senator from Vermont inform us if the authority of the Chief Justice is statutory to administer oaths in cases of impeachment? Mr. EDMUNDS. No, sir; not to administer oaths in cases of im

That one John S. Evans was, on the 10th day of October, in the year 1870, appointed by the said Belknap to maintain a trading establishment at Fort Sill, a military post on the frontier, not in the vicinity of any city or town, and said Belknap did, from that day continuously to the 2d day of March, 1876, permit said Evans to maintain the same; and said Belknap was induced to make said appointment by the influence and request of one Caleb P. Marsh; and said Evans paid to said Marsh, in consideration of such influence and request and in consideration that he should thereby induce said Belknap to make said appointment, divers large sums of money at various times, amounting to about $12,000 a year from the date after until the 2d day of March, 1876, all which said Belknap well knew; yet said courts of the United States to administer any oath that it is lawful of said appointment to the 25th day of March, 1872, and to about $6,000 a year there-peachment; but there is a general authority given the judges of the Belknap did, in consideration that he would permit sai Evans to continue to maintain said trading establishment and in order that said payments might continue for any person to take, to swear persons upon affidavits, or swear any and be made by said Evans to said Marsh as aforesaid, corruptly receive from said body into office, or administer any other oath in the course of proceedMarsh, either to his, the said Belknap's, own use or to be paid over to the wife of ings, as we understand the law. said Belknap, divers large sums of money at various times, namely: the sum of $1,500 on or about the 2d day of November, 1870; the sum of $1,500 on or about the 17th day of January, 1871; the sum of $1,500 on or about the 18th day of April, 1871; the sum of $1,500 on or about the 25th day of July, 1871; the sum of $1,500 on or about the 10th day of November, 1871; the sum of $1.500 on or about the 15th day of January, 1872; the sum of $1,500 on or about the 13th day of June, 1872; the sum of $1,500 on or about the 22d day of November, 1872; the sum of $1,000 on or about the 28th day of April, 1873; the sum of $1,700 on or about the 16th day of June. 1873; the sum of $1,500 on or about the 4th day of November, 1873; the sum of $1,500 on or about the 22d day of January, 1874; the sum of $1,500 on or about the 10th day of April, 1874; the sum of $1,500 on or about the 9th day of October, 1874; the sum of $1,500 on or about the 24th day of May, 1875; the sum of $1,500 on or about the 17th day of November, 1875; the sum of $750 on or about the 15th day of January, 1876; all of which acts and doings were while the said Belknap was Secretary of War of the United States, as aforesaid, and were a high misdemeanor in said office.

And the House of Representatives by protestation, saving to themselves the liberty of exhibiting at any time hereafter any further articles of accusation or impeachment against the said William W. Belknap, late Secretary of War of the United States, and also of replying to his answers which he shall make unto the articles herein preferred against him, and of offering proof to the same and every part thereof, and to all and every other article, accusation, or impeachment which shall be exhibited by them, as the case shall require, do demand that the said William W. Belknap may be put to answer the high crimes and misdemeanors in office herein charged against him, and that such proceedings, examinations, trials, and judgments may be thereupon had and given as may be agreeable to law and justice.

The PRESIDENT pro tempore. The Chair informs the managers that the Senate will take proper order on the subject of the impeachment, of which due notice shall be given to the House of Representa

tives.
The managers thereupon withdrew.
On motion of Mr. EDMUNDS, it was

WEDNESDAY, April 5, 1876.

Mr. EDMUNDS. I wish to ask the attention of the Senate to a matter which I, after consultation with as.many Senators as I could find, think it necessary to bring to the notice of the Senate respecting the matter of the impeachment to-day. The third rule of the Senate in regard to impeachments provides that on this day at one o'clock

shall be suspended for this day; and if that be unanimously agreed to, as of course it requires unanimous consent to suspend this rule, I shall then offer an order which will accomplish the next step in the matter.

The PRESIDENT pro tempore. The Senate has heard the proposition of the Senator from Vermont, that so much of the rule as pertains to the swearing in of the Senators by the presiding officer be suspended for to-day. Is there objection? [A pause.] The Chair hears none. The order is unanimously made.

Mr. EDMUNDS. I now offer the following order:

The presiding officer shall administer the oath hereinafter provided to the members of the Senate then present, and to the other members of the Senate as they shall appear, whose duty it shall be to take the same.

But on examination we are unable to find any statute of the United States which authorizes the President of the Senate or the presiding officer to administer this oath. It stands upon the rule alone. The language of the statute about the authority of the presiding officer is that, when Senators appear to take their seats upon an election to this body, the presiding officer shall swear them in, and any Senator may administer a similar oath to the Vice-President, the President of the Senate, when he appears; and there the statute stops except in respect of witnesses who are by law to be sworn by the President of the Senate.

Ordered, That the articles of impeachment presented this day by the House of from Vermont distinctly.
Representatives be printed for the use of the Senate.

In this state of difficulty and in the very grave doubt, at least, that in the minds of all the gentlemen whom I have been able to consult there is about this being a constitutional compliance with that requirement which obliges us to be under oath, (which, of course, implies a legal and binding oath,) we have thought it best for this occasion, until provision can be made by law, to submit to the Senate a proposition that the Chief Justice of the United States be invited to attend at one o'clock to-day to administer these oaths, there being no question about his authority to do so. Therefore, Mr. President, I ask unanimous consent that this portion of Rule 3 which I have read, respecting the administration of the oath by the presiding officer,

Mr. HAMLIN. I desire to inquire of the Senator from Vermont if he knows certainly that it will be within the power of the Chief Justice to attend, and if not, I suggest whether it would not be well to make his resolution in the alternative, in case the Chief Justice should not be able to attend, then some associate justice.

Mr. EDMUNDS. I think that may be very well, and I will modify the resolution by adding, the resolution by adding, "or, in case of his inability to attend, any one of the associate justices."

While that correction is being made we propose, as is suggested by the Senator from Ohio, [Mr. THURMAN,] to introduce a bill presently to provide for cases of this character, and also to provide, as probably we ought, (although that would be a matter for consideration,) an authority to the Secretary or the Chief Clerk to administer oaths to witnesses, which by statute does not now exist, though that has usually been practiced; but it is certainly not authorized by law, so far as can be discovered.

Mr. BOGY. I could not very distinctly hear what the Senator from Vermont said; therefore I am a little at a loss, and would like to know the reason why the presiding officer cannot administer the oaths required on this occasion.

Mr. EDMUNDS. The reason I stated was that, as we understand it, in order to make an oath a lawful oath, it must be administered by some person authorized by law to administer oaths, and there is no law that can be discovered which confers that authority, the present law merely conferring it upon the presiding officer in the case of the first appearance of Senators when elected.

Mr. BOGY. The difficulty was that I had not heard the Senator

Mr. WRIGHT. I ask to have the resolution reported as modified.
The PRESIDENT pro tempore. The resolution will be reported.
The Chief Clerk read as follows:

Ordered, That a committee of two Senators be appointed by the Chair to wait upon the Chief Justice of the United States and invite him to attend in the Senate Chamber at one o'clock p. m. this day, or, in case of his inability to attend, any one of the associate justices.

The PRESIDENT pro tempore. The question is on agreeing to the resolution.

The resolution was agreed to.

The PRESIDENT pro tempore. The Chair appoints the Senator from Vermont [Mr. EDMUNDS] and the Senator from Ohio [Mr. THURMAN] as the committee.

The Chief Justice of the United States, Hon. Morrison R. Waite, subsequently entered the Senate Chamber, escorted by Messrs. EDMUNDS and THURMAN, the committee appointed for the purpose.

The PRESIDENT pro tempore. The hour of one o'clock having arrived, the Senate, according to its rule, will now proceed to the consideration of the articles of impeachment exhibited by the House of Representatives against William W. Belknap, late Secretary of War. The Chief Justice will take the seat provided for him at the right of the Chair.

The Chief Justice took a seat by the side of the President pro tempore of the Senate.

The PRESIDENT pro tempore. The Senate will give attention while the constitutional oath is being administered.

The Chief Justice administered the oath to the President pro tempore, as follows:

You do solemnly swear that in all things appertaining to the trial of the impeachment of William W. Belknap, late Secretary of War, now pending, you will do impartial justice according to the Constitution and laws: So help you God.

The PRESIDENT pro tempore. The Secretary will now call the roll of Senators alphabetically in groups of six, and Senators as they are so called will advance to the desk and take the oath.

Mr. MORTON. If there be no objection on the part of any Senator, I suggest that all the Senators be sworn at once, standing in their places. places. I see no objection to that. It will save time and some trouble.

The PRESIDENT pro tempore. Is there objection to the proposition of the Senator from Indiana?

Mr. THURMAN. There may be some doubt about verifying who are sworn if we proceed in that way. I think we had better follow the precedent heretofore established.

Mr. MORTON. Very well.

The Secretary proceeded to call the roll alphabetically, and the Chief Justice administered the oath to Senators ANTHONY, BAYARD, BOGY, BOOTH, BOUTWELL, BRUCE, CAMERON of Pennsylvania, CAMERON of Wisconsin, CLAYTON, COCKRELL, COOPER, CRAGIN, DAVIS, DAWES, DORSEY, EATON, EDMUNDS, FRELINGHUYSEN, GORDON, HAMILTON, HAMLIN, HARVEY, HITCHCOCK, INGALLS, JONES of Florida, KELLY, KERNAN, KEY, LOGAN, MCCREERY, MCDONALD, MCMILLAN, MAXEY, MERRIMON, MITCHELL, MORRILL of Vermont, MORTON, NORWOOD, OGLESBY, PADDOCK, RANDOLPH, SARGENT, SAULSBURY, SHARON,SHERMAN, SPENCER, STEVENSON, THURMAN, WALLACE, WEST, WHYTE, WINDOM, WITHERS, and WRIGHT.

The PRESIDENT pro tempore. The absentees on the call will now be called, so that in case they have entered the Chamber since the oath has been administered they may come forward.

The Chief Clerk called the names of the absentees, as follows: Messrs. ALCORN, ALLISON, BURNSIDE, CAPERTON, CHRISTIANCY, CONKLING, CONOVER, DENNIS, ENGLISH, GOLDTHWAITE, HOWE, JOHNSTON, JONES of Nevada, MORRILL of Maine, PATTERSON, RANSOM, ROBERTSON, and WADLEIGH.

The Chief Justice thereupon withdrew from the Senate Chamber, escorted by Messrs. EDMUNDS and THURMAN.

Mr. FRELINGHUYSEN. Mr. President, I offer the following order, and ask for its present consideration;

Ordered, That the Secretary notify the House of Representatives that the Senate is now organized for the trial of articles of impeachment against William W. Belknap, late Secretary of War, and is ready to receive the managers on the part of the

House at its bar.

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Mr. STEVENSON. I desire to know whether there has been any conference with General Belknap's counsel to learn whether the period fixed for his appearance is ample enough to meet with their wishes. Mr. EDMUNDS. I am not authorized to speak for anybody but myself. Speaking for myself, I say, as a Senator sitting on this trial and as a judge, that I have not had and do not expect to have any conference with the counsel of General Belknap; but I have proposed this period of time as a reasonable and suitable one. Of course, when he appears, if he needs further time he will apply for it.

Mr. STEVENSON. Mr. President, I did not suppose there was any impropriety in the question, nor did I suppose that there was anything that could be implied by the question; but certainly a good deal of time may be saved to the Senate, and I see no impropriety in the managers, if they think proper, before the time is fixed, having a friendly interview with the counsel of General Belknap as to what would be a proper time. If we adjourn now until Monday week, and then ten days more should be asked, we shall lose that much time, which it seems to me might be avoided by some conference with the counsel of General Belknap. That was the only reason I made the suggestion.

Mr. EDMUNDS. I am sure the Senator ought not to have understood me as intending to reflect on the propriety of his question, but only as stating my own view of what it would be proper for me to

do under the circumstances. I move that the Senate sitting for this trial adjourn until the 17th instant.

Mr. BOGY. Before the motion to adjourn is put I should like to make an inquiry; and I call the attention of the Senator from Vermont to what I am about to state. I see by the twenty-fourth rule that the summons has to be returned to the Senate or to the court at twelve o'clock and thirty minutes p. m.; and this order speaks of one o'clock.

The PRESIDENT pro tempore. The motion to adjourn does not fix the time.

Mr. EDMUNDS. The Senator has turned to a form, and that form happens to say twelve o'clock and thirty minutes, but the Senate has ordered, changing that form which I thought it was convenient to do, and as it was merely a form I did not suppose it was necessary to make a separate motion on that subject to make the form say "one o'clock," in order that the necessary preliminaries from half-past twelve, usual on such occasions, might take place beforehand.

Mr. BOGY. That may be; I speak on this subject with very great modesty, for I really know nothing about it; but, nevertheless, the forms being given in the rules, I am of the opinion that they are a part of the rules, and unless a very good reason can be given why the forms should be departed from, it may be that the very first step we take in this proceeding may possibly be wrong. The form is given in a joint rule, andi t would be a very easy thing to conform to that form which appears to be a part of that joint rule as adopted for this specific purpose.

Mr. EDMUNDS. It is not a joint rule, but a rule of the Senate. It is a form of the Senate rather than a rule.

Mr. BOGY. It is a Senate rule, nevertheless; and why not conform to the rule?

Mr. EDMUNDS. It would have been very well to have made that suggestion before the order of the Senate had been adopted fixing the hour of one o'clock as the moment at which this accused person should appear. But if the Senate has adopted an order which is contrary to a form which it had previously adopted, I take it that the adoption of this order must, for the time being, override the form of the writ of summons fixing a different hour.

Mr. BOGY. I would suggest to the Senator is it not a rule? The form makes it a rule. Is it not so?

Mr. EDMUNDS. Suppose that to be so, if the Senate, without objection, orders that a particular moment named in the rule shall be for a particular occasion changed to another moment, I take it that order making the change would be binding nevertheless. Certainly the Senate, in the presence of the managers, has ordered that this summons shall issue for this person to appear on the 17th instant, at

the hour of one o'clock in the afternoon, which is, to be sure, a half order of the Senate is that the summons go in that way; and until hour later than the form of the summons names. So the present that order is reversed, I take it, it will bind the President of the Senate and the executive officers to follow it.

The PRESIDENT pro tempore. The Senator from Vermont moves that the Senate sitting for the trial of the impeachment adjourn until the 17th instant.

Mr. BOGY. The suggestion I have made has not been disposed of. Perhaps there is nothing that the court can dispose of. Nevertheless it does seem to me that the form is a rule, a rule prescribed by the Senate for the government of the Senate when it sits as a court. This body in its capacity of a court has changed that rule. It may be altogether proper; I am not clear that it is proper. If there could be any way by which we could retrace our steps and conform to what appears to me to be a rule, because it is a form prescribed by the Senate as a Senate for the government of this court as a court of impeachment, and which we as a court perhaps cannot well change, it is a subject worthy of being considered, and I suggest that the matter be more thoroughly investigated.

Mr. EDMUNDS. Mr. President, I think it right to say to my friend from Missouri that so far from our inability to change the forms of procedure sitting as a court, as the expression is, when the late Chief Justice of the United States appeared, these rules having been adopted by the Senate before he did appear to preside at the trial of Mr. Johnson, the President of the United States, he thought, and submitted to the Senate that it ought to adopt these rules while we were sitting as a court, inasmuch as its composition was such that a new element was introduced into it on that occasion. And accordingly the Senate sitting as a court, or sitting for the trial of the impeachment, which is the same thing, adopted over again these rules as part of its orders. So I think there can be no question, judging from the previous consideration given to the subject, that it is perfectly competent for us to change or to modify these forms by any order that we choose to make sitting as a court. That was the general opinion at that time. Although it was thought by many Senators that it was quite unnecessary to adopt them over again merely because the Chief Justice, a new element, had come in, yet everybody agreed that it was competent to do it; and, out of respect to his wishes, it was done. Mr. SHERMAN. If I understand it, the Senate have only tixed one o'clock as the hour for the return of the process. It seems to me we ought to adjourn until half past twelve o'clock, with a view to making the necessary pre iminaries before that.

Mr. EDMUNDS. Certainly, that is the time the rule provides we shall meet.

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TRIAL OF WILLIAM W. BELKNAP.

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Then follows the form prescribed for the returning officer. The tenth rule provides that

The person impeached shall then be called to appear and answer the articles of impeachment against him. If he appear, or any person for him, the appearance shall be recorded, stating particularly if by himself, or by agent or attorney, nam ing the person appearing, and the capacity in which he appears.

It seems to me, with all due respect for the superior experience of those who have heretofore sat in business of this kind, that the language of the rules is directory, and I cannot imagine any inconvenience or ill to follow from our following their language with precision. If the Senate has, from inadvertence or from any other cause, fixed a time for the appearance contrary to that prescribed by the form contained in Rule 24, it seems to me that it is erring upon the side of caution if it follows the rule by amending the order lately made. I see no possible objection to the amendment of the order, and if it be fixed at twelve o'clock and thirty minutes of the afternoon of the day named for the return of the writ, then it will be in precise accordance with the form prescribed in Rule 24 and also in accordance with Rules 9 and 10, which fix the time of the return of that writ for the swearing of the officer as to the true service of the process and of the appearance of the party, either in person or by attorney. I think it is just possible that there might be a technical objection made to the hour and minute of the return of this service. It may not be one of substance; but even if of form, if it be necessary for the Senate then to pass upon it, certainly the necessity for 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 twentyfourth 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 impeachment? 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 impeachment, it was necessary for the Senate when sitting as a court of impeachment to adopt those rules as such court. Therefore I suggest 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?

Mr. EDMUNDS. I insist upon the motion I made, that the Senate, sitting for the trial of this impeachment, stand adjourned 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 presence of the managers.

Mr. BOGY. Why is it not proper?

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 departing, 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.

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Mr. BOGY. The motion I would make of course cannot be entertained 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 question anything he may have done. I am inclined to think we have committed an error; and the views expressed by the Senator from Delaware 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 with much courtesy.

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

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

Mr. EDMUNDS. I ask unnanimous consent to make a statement. The PRESIDENT pro tempore. Is there objection? The Chair hears

none.

Mr. EDMUNDS. I wish to state to my honorable friend from Missouri 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 majority of this body 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 managers and have the order amended; but if they are of opinion that this court can change one of its forms by making an order inconsistent with it as to an hour, without violating the Constitution of the United States, then I take it the Senate will be 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.

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MONDAY, April 17, 1876.

The Chief Justice of the United States entered the Senate Chamber, escorted by Messrs. EDMUNDS and THURMAN, the committee appointed 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 business of the Senate will be suspended and the Senate will proceed to the consideration of the articles of impeachment exhibited by the House of Representatives against William W. Belknap, late Secretary of War.

The Chief Justice took a seat by the side of the President pro tempore of the Senate.

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

The SERGEANT-AT-ARMS. Hear ye! Hear ye! Hear ye! All persons 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 administered the oath to Senators ALLISON, BURNSIDE, CAPERTON, CHRISTIANCY, CONKLING, CONOVER, DENNIS, GOLDTHWAITE, HOWE, JONES of Nevada, MORRILL of Maine, RANSOM, and ROBERTSON.

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