Doc R 254.1

US Doc 506

1877, Feb. 28.
Gift of

Con. George S. Boutwell. of

""ashingtin, D. b.

THURSDAY, March 2, 1876.

Mr. CLYMER, of Pennsylvania, chairman of the Committee on Expenditures in the War Department, submitted to the House the following report:

port:

The Committee on Expenditures in the War Department would respectfully reThat they found at the very threshold of their investigation such unquestioned evidence of the malfeasance in office by General William W. Belknap, then Secretary of War, that they find it to be their duty to lay the same before the House. They further report that this day at eleven o'clock a. m. a letter of the President of the United States was presented to the committee accepting the resignation of the Secretary of War, which is hereto attached, together with a copy of his letter of resignation, which the President informs the committee was accepted about ten o'clock and twenty minutes this morning. They therefore unanimously report and demand that the said William W. Belknap, late Secretary of War, be dealt with according to the laws of the land, and to that end submit herewith the testimony in the case taken, together with the several statements and exhibits thereto attached, and also a rescript of the proceedings of the committee had during the investigation of this subject. And they submit the following resolutions, which they recommend shall be adopted: Resolved, That William W. Belknap, late Secretary of War, be impeached of high Resolved, That the testimony in the case of William W. Belknap, late Secretary of War, be referred to the Committee on the Judiciary, with instructions to prepare and report without unnecessary delay suitable articles of impeachment of said William W. Belknap, late Secretary of War. 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 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 deem appropriate.

crimes and misdemeanors while in office.

Mr. CLYMER read the evidence and the accompanying papers, exhibits, and statements in the case. He then demanded the previous question upon the adoption of the resolutions.

After an hour's debate, in which Mr. ROBBINS of North Carolina, Mr. BASS of New York, Mr. HOAR of Massachusetts, Mr. BLACKBURN of Kentucky, Mr. DANFORD of Ohio, and Mr. KASSON of Iowa participated, the resolutions were unanimously adopted.

The Speaker appointed as the committee called for in the second resolution, Mr. CLYMER, Mr. ROBBINS of North Carolina, Mr. BLACKBURN, Mr. BASS, and Mr. DANFORD.

TUESDAY, March 7, 1876.

Mr. CLYMER rose to a question of privilege. The evening previous, he stated, a subpoena, issued by the supreme court of the District of Columbia holding a criminal court for this District, was served upon him, and he believed upon the other gentlemen who are members of the Committee on Expenditures in the War Department. The one served upon him was a duces tecum, commanding him to bring with him certain papers and to testify with relation to charges pending in that court against the late Secretary of War.

Mr. CLYMER proceeded to state that that morning, accompanied by the gentleman from North Carolina [Mr. ROBBINS] and the gentleman from Kentucky, [Mr. BLACKBURN,] he appeared before that court, and, by the permission of the president judge, he made, on behalf of himself and the committee, a statement. He said that in obedience to the law they appeared at the bar to obey any order the court might make; that as a member of the committee of the House he felt that it would be prejudicial to the best interests of the country to compel them to state what had transpired in the room of the committee of which they were members; that he believed that it would not only close the mouths of all witnesses, but would in many cases drive them from the land. He said furthermore that, while not pleading their privileges as members of this House, as they might

have done, they yet protested against being examined; and that they would only consent to be so examined after an order made specially to that end by the court. The court was kind enough to take time for deliberation, and determined that if it needed them hereafter it would send for them. He concluded by asking that the House would take such action upon the question as it might deem necessary, right, and just. After discussion, the following preamble and resolutions, offered by Mr. LAMAR, of Mississippi, were adopted by a vote of 132 ayes against 75 nays, 82 members of the House not voting:

Whereas the Speaker of this House did, on the 20th of December, 1875, appoint CLYMER, WILLIAM M. ROBBINS, JOSEPH C. S. BLACKBURN, LYMAN K. BASS, LORENZO the following Committee on Expenditures in the War Department. to wit: HIESTER DANFORD; and whereas thereafter, on the 14th of January. 1876, this House adopted the following resolution :

"Resolved, That the several committees of this House having in charge matters pertaining to appropriations, foreign affairs, Indian affairs, military affairs, naval claims, and war claims be, and they are hereby, instructed to inquire, so far as the affairs, post-office and post-roads, public lands, public buildings and grounds, same may properly be before their respective committees, into any errors, abuses ing said branches of the public service, with a view to ascertain what change and or frauds that may exist in the administration and execution of existing laws affectreformation can be made so as to promote integrity, economy, and efficiency therein; that the Committees on Expenditures in the State Department, in the Treasury Department, in the War Department, in the Navy Department, in the Post-Office Department, in the Interior Department, in the Department of Justice, and on Public Buildings, be, and they are hereby, instructed to proceed at once, as required by the rules of the House, to examine into the state of the accounts and expenditures of the respective Departments submitted to them, and to examine and report particularly whether the expenditures of the respective Departments are justified by law; whether the claims from time to time satisfied and discharged by the respective Departments are supported by sufficient vouchers, establishing their justness both as to their character and amount; whether such claims have been discharged out of funds appropriated therefor, and whether all moneys have been disbursed in conformity with appropriation laws; whether any, and what, provisions are necessary to be adopted to provide more perfectly for the proper application of the public moneys and to secure the Government from demands retrenchment can be made in the expenditures of the several Departments, with unjust in their character or extravagant in their amount; whether any, and what, out detriment to the public service; whether any, and what, abuses at any time exist in the failure to enforce the payment of moneys which may be due to the United States from public defaulters or others, and to report from time to time such provisions and arrangements as may be necessary to add to the economy of the several Departments and the accountability of their officers; whether any offices belonging to the branches or Departments, respectively, concerning whoso expenditures it is their duty to inquire, have become useless or unnecessary; and to report from time to time on the expediency of modifying or abolishing the same; also to examine into the pay and emoluments of all officers under the laws of the United States and to report from time to time such a reduction or increase thereof as a just economy and the public service may require. And for the purpose of enabling the several committees to fully comprehend the workings of the various branches or Departments of Government, respectively, the investigations of said. committees may cover such period in the past as each of said committees may deem interests, in the exposing of frauds or abuses of any kind that may exist in said necessary for its own guidance or information or for the protection of the public Departments; and said committees are authorized to send for persons and papers, and may report by bill or otherwise.

aforesaid."

investigate and inquire into all matters set forth in the foregoing resolutions in "Resolved further, That the Committee on Public Expenditures be instructed to the legislative departments of the Government, except in so far as the Senate is exclusively concerned, particularly in reference to the public printing and binding, and shall have the same authority that is conferred upon the other committees mittee on Expenditures in the War Department did enter upon an examination And whereas in the discharge of the duties imposed by said order the said Cominto the said accounts of said Department and into the administration thereof, and did send for persons and papers to investigate certain acts of William W. Belknap, late Secretary of War, on which being reported to this House by said committee it meanors; and whereas the supreme court of the District of Columbia, by process has taken action to impeach the said William W. Belknap of high crimes and misdebearing date March 6, 1876, has commanded HIESTER CLYMER to" bring all papers. documents, records, checks, and contracts in your possession, or in the possession of the Committee of the House of Representatives on Expenditures in the War Department, in relation to the charge against said defendant of accepting a bribe or bribes while Secretary of War of the United States, and to attend the said court immedi ately to testify on behalf of the United States, and not depart from the court with out leave of the court or district attorneys: " and whereas the mandate of said court is a breach of the privileges of this House:

Resolved, That the said committee and the members thereof are hereby directed to disregard said mandate until the further order of this House.

WEDNESDAY, March 8, 1876.

Mr. KNOTT, of Kentucky, chairman of the Committee on the Judiciary, to whom was refered the resolution of the House directing them to prepare suitable articles of impeachment against William W. Belknap, late Secretary of War, submitted the following report, accompanied by a resolution, which was adopted without a division: The Committee on the Judiciary would respectfully report that, in pursuance of the instrucions of the House, they have prepared articles of impeachment against William W. Belknap, late Secretary of War, for high crimes and misdemeanors in office, but that, since preparing the same, they have been informed and believe that Caleb P. Marsh, upon whose testimony before the Committee on Expenditures in the War Department, and referred to them by the House, said articles were framed, has gone beyond the jurisdiction of the Government of the United States, and that probably his attendance as a witness before the Senate sitting as a court of impeachment cannot be procured; and that they are also informed and believe that other evidence may be procured sufficient to convict said William W. Belknap of high crimes and misdemeanors in office as Secretary of War. They therefore recommend the adoption of the following resolution:

Resolved, That the resolution instructing the Committee on the Judiciary to prepare articles of impeachment against William W. Belknap, late Secretary of War, for high crimes and misdemeanors in office, be recommitted to said committee with power to take further proof, to send for persons and papers, to sit during the sessions of the House, and to report at any time.

Your committee, impressed with the importance of securing the fullest indemnity to such witnesses as may be required to testify in behalf of the Government before either House of Congress, or any committee of either House, or before the Senate sitting as a court of impeachment, would also recommend the immediate passage of the accompanying bill, entitled "A bill to protect witnesses who shall be required to testify in certain cases." They would further recommend that the accompanying bill, entitled "A bill in relation to witnesses," be introduced, printed, and referred to the Committee on the Judiciary, with leave to report thereon at any time.

Mr. KNOTT also reported from the Committee on the Judiciary the following bill; which was discussed and passed by a vote of 206 yeas against 80 nays, 82 members of the House not voting:

A bill (H. R. No. 2572) to protect witnesses who shall be required to testify in certain cases.

Be it enacted, &c., That whenever any person shall be required to testify against his protest before either House of Congress or any committee thereof, or the Senate sitting as a court of impeachment, and shall so testify under protest, he shall not thereafter be held to answer criminally in any court of justice, or subject to any penalty or forfeiture, on account of any fact or act concerning which he shall be so required to testify: Provided, That nothing herein contained shall be so construed as to relieve any person from liability to impeachment.

THURSDAY, March 30, 1876.

MONDAY, April 3, 1876.

Mr. KNOTT called up the resolutions which he had reported on the 30th ultimo from the Committee on the Judiciary, and the first one, with the accompanying articles and specifications, was adopted without debate and without a division. The second resolution was amended as follows, and adopted:

York; WILLIAM P. LYNDE, of Wisconsin; JOHN A. MCMAHON, of Ohio; GEORGE Resolved, That Messrs. J. PROCTOR KNOTT, of Kentucky; SCOTT LORD, of New A. JENKS, of Pennsylvania; WILLIAM A. WHEELER, of New York; and GEORGE F. HOAR, of Massachusetts, be, and they are hereby, appointed managers on the part of this House to conduct the impeachment exhibited against William W. Belknap, late Secretary of War of the United States.

Mr. WHEELER asked to be excused from service as a manager. His request was granted, and on his motion the vacancy occasioned by his resignation was filled with the name of his colleague, Mr.

LAPHAM.

At the request of Mr. KNOTT the name of Mr. LORD, of New York, was placed at the head of the list of managers.

Mr. CLYMER offered the following resolutions; which were modified and adopted:

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. ELBRIDGE G. LAPHAM, of New York; and Mr. GEORGE F. HOAR, of Massachusetts, managers to conduct the impeachment managers to carry to the Senate the articles agreed upon by this House to be exagainst William W. Belknap, late Secretary of War, and have directed the said hibited in maintenance of their impeachment against said William W. Belknap, and that the Clerk of the House do go with said message.

TUESDAY, April 4, 1876.

Mr. WHEELER, Speaker pro tempore, directed that business would be suspended to receive a report from the managers on the part of the House of the impeachment of W. W. Belknap, late Secretary of War. The managers appointed by the House to conduct the impeachment of W. W. Belknap, late Secretary of War, appeared at the bar of the House, when

Mr. LORD said: Mr. Speaker, the managers of impeachment beg leave to report to the House that the articles of impeachment prepared by the House of Representatives against William W. Belknap,

and the presiding officer of that body stated to the managers that the Senate would take order in the premises, due notice of which would be given to the House of Representatives.

The motion was agreed to. The report was as follows:

The Committee on the Judiciary, having had under consideration the resolution of the House directing them to prepare and report articles in support of the impeachment of William W. Belknap, late Secretary of War, for high crimes and misdemeanors in office, respectfully report the following articles and accompanying Resolved, That the following articles be adopted and presented to the Senate, in maintenance and support of the impeachment for high crimes and misdemeanors in office of William W. Belknap, late Secretary of War:

resolutions for the action of the House:

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. [These articles will be found on pages 2 and 3.] Resolved, That seven managers be appointed by ballot to conduct the impeachment exhibited against William W. Belknap, late Secretary of War of the United States.

SATURDAY, April 1, 1876.

Mr. HUNTON, of Virginia, a member of the Committee on the Judiciary, stated that the chairman of that committee, [Mr. KNOTT,] who was unavoidably detained from the House that day on the business of the House, had requested him to give notice he will call up the articles of impeachment of the late Secretary of War on Monday next immediately after the morning hour.

MONDAY, April 17, 1876.

The following resolution was received from the Senate:

IN SENATE OF THE UNITED STATES, April 17, 1876. Ordered, That the Secretary inform the House of Representatives that the Senate is sitting in 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.

After discussion, the House voted, on motion of Mr. HOAR, of Massachusetts, that it would at one o'clock precisely resolve itself into Committee of the Whole, and as such committee attend the trial of the Ex-Secretary of War in the Senate Chamber, accompanied by the Clerk and the Speaker.

Accordingly (at one o'clock p. m.)'the House, as in Committee of the the Speaker and Clerk, followed the managers of the House to the SenWhole, preceded by its chairman, Mr. RANDALL, and accompanied by ate Chamber. On the return of the Committee of the Whole, (at one o'clock and thirty-five minutes,) the Speaker having resumed the chair, Mr. RANDALL made the following report:

Mr. Speaker, the House as in Committee of the Whole, pursuant to order, accompanied the managers on the part of the House to the Senate to be present at the opening of the impeachment trial of William W. Belknap, late Secretary of War.

Later in the day, a message was received from the Senate announcing that the Senate had adopted a resolution setting the time for the trial of William W. Belknap, late Secretary of War, upon articles of impeachment exhibited against him by the House of Representatives, and transmitted to the House a copy of the plea of the said Belknap. Mr. HOAR, one of the managers, asked unanimous consent that the communication from the Senate sitting as a court of impeachment and the copy of the plea of the Secretary of War be referred to the managers on the part of the House. There was no objection, and it was so ordered.