PUBLIC DOCUMENTS. 



687 



I 



In consideration of the premises. It l mutually agreed be- 

 tween tlu- partial aforesaid M follows, namely : 



I . Thin agrwineiit i madu on the basis of seven cavalry 

 companies of the United States Army, which are now sta- 

 tioned at Fort sill aforesaid. 



. If at tin- end of the first year of this agreement the 

 forces of the I'nited States Army stationed at Fort Sill 

 aforesaid .shall be in.Te.i-,-,1 or diminished not to exceed one 

 hundred ( Km) men. then this agreement shall remain In full 

 force and unchanged for tin- i.'-\t JTMT. It', however, the said 

 forces ithall IP.- increased or diminished beyond the nuint>er 

 of one hundred i in H iiifii. then the amount to lie paid under 

 this acre. nii-iil by said .lohn 8. Evans to said Caleb P. Marsh 

 (hail l> Increased <>r reduced In accordance therewith and In 

 proper pr|Mirtliiii thrn-to. The above rule laid down for 

 the continuation of thin agreement at the close of the tiist 

 year thereof Ahull be iip)iHed at the close of each succeeding 

 year, so long as this agreement shall remain in force and 

 effect. 



8. This agreement shall remain In force and effect so long 

 as said '.'.ileli 1* Marsh shall hold or control, directly or in- 

 directly, the appointment and position of post-trader at Fort 

 8111 aforesaid. 



4. This agreement shall take effect from the date and day 

 the Secretary of \Var aforesaid shall sign the commission of 

 post-trader at Fort sill aforesaid, said commission to be 

 issued to saiil John S. Evans at the instance and request of 

 said t'ali-h 1'. Marsh, and so'ely for the purpose of carrying 

 out the provisions of this agreement. 



B. Exception is hereby made In regard to the first quar- 

 terly payment under this agreement, It being ogree<l and un- 

 derstood that the same may be paid at any time within the 

 next thirty days after the said Secretory of War shall sign 

 the aforesaid commission of post-trader at Fort Sill. 



6. 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 8. 

 Evans while in the discharge of his legitimate duties in the 

 conduct of the business as post-trader at Fort SHI aforesaid. 



1. Said John S. Evans is to conduct the said business of 

 post-trader at Fort Sill aforesaid solely on his own responsi- 

 bility and in his own name ; it being expressly agreed and un- 

 derstood that said Caleb P. Marsh shall assume no liability in 

 the premises whatever. 



8. And it is expressly understood and agreed that the 

 stipulations and covenants aforesaid are to apply 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 flrst 

 above written. 



JOHN 8. EVANS. [SEAL.] 

 CALEB P. MARSH. [SEAL.] 



Signed, sealed, and delivered, I 

 in presence of ) 



E. J. BABTLETT. 



That, thereafter, to wit, on the 10th day of October. 1870, 

 aid Belknap, as Secretary of War aforesaid, did. at the in- 

 stance and request of said Mursh, at the city of Washington, 

 In the District of Columbia, appoint said John S. Evans to 

 maintain said trading-establishment at Fort Sill, the military 

 post aforesaid ; :.nd. 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, 

 H70, unlawfully and corruptly receive from said Caleb P. 

 Marsh the sum of one thousand flvo hundred dollars ; and 

 that at divers times thereafter, to wit, on or about the 17th 

 day of January, 1^71, and at or about the end of each three 

 month* daring tho term of one whole year, the said William 

 .nap. while still in office as Secretary of War as afore- 

 said, did unlawfully receive from said Caleb P. Marsh like 

 nuns of one thousand live hundred dollars, in consideration 

 of the appointment of the said John S. Evans by him. the 

 s.-iid Belknap, as Secretary of War as aforesaid, and in con- 

 sideration ot his permitting said Evans to continue to main- 

 tain the s.iid trading-establishment at said military post dur- 

 ing that time. Whereby the said William \V. Bclknap. who 

 was then Seerefiry of War as aforesaid, was guilty of high 

 crimes ami misdemeanors in office. 



ART. 11. That said William W. Belknap. while he was in 

 office as Secretary of War of the United States of Americi, 

 did, at the city of Washington, in the District of Columbia, on 

 the 4th day of November. 1S74. willfully, corruptly, and un- 

 lawfully, take and receive from one Caleb I'. Marsh the sum of 

 one thousand live hundred dollars. In consideration that he 

 would continue to permit one John S. Evans to maintain a 

 trading-establishment at Fort Sill, a military inist of the 

 United States, which said establishment saiil Belknap, as 

 Secretary of War as aforesaid, was authorized bv ia to per- 

 mit to be maintained at said military post, and which the 

 laid Evans bad been before that tline appointed by said 

 Belknap to maintain ; and that said Belknap, as Secretary of 



War as aforesaid, for said consideration, did corrnptly permit 

 the said Evans to continue to maintain the said trmdlng- 

 establlshuierit at said military po-t. And so the said Belknap 

 was thereby guilty, while he was Secretary of Wsr, of a high 

 misdemeanor In his said office. 



AIT. III. Thut said William W. Belknap was Secretary of 

 War of the United States of America before and during the 

 month of October, l->o. and continued In office as such 

 Secretary of War until the 2d day of March. 1-Mi; 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 SHI, a military post 

 of the United States, not In the vicinity of any city or town ; 

 that on the Kith day of October, 1870, said Belknaii, as Secre- 

 tary of War as 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, 187ti, maintained a trading- 

 establishment at said military post: and said Evans, on the 

 Mli day of October. 1H70. before he was so appointed to main- 

 tain 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. twelve 

 thousand dollars during the year immediately following the 

 10th day of October, 1&70, and other large sums of money, 

 quarterly, during each year that he. the said Evans, should 

 be permitted by said Belknap to maintain said trading-estab- 

 lishment at said post ; that said Evans did pay to said Marsh 

 said sum of money quarterly during each year after his said 

 appointment, unti'l the month of December, 187.'), when the 

 last of said payments was made ; that said Marsh, upon the 

 receipt of each of said payments, paid one-half thereof to 

 him, the said Belknap. Yet the said Belknap. well knowing 

 these facts, and having the power to remove said Evans from 

 said position at any time, and to apj>oint some other person 

 to maintain said trading-establishment, but criminally dis- 

 regarding his dutv as Secretary of War, and basely pros- 

 tituting his high office to his lust for private gain, did' unlaw- 

 fully and corruptly continue said Evans in said position, and 

 permit him to maintain said establishment at said military 

 post during nil of said time, to the great injury and damage 

 of the officers and soldiers of the Army of the United Mates 

 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. 



ABT. 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 exer- 

 cise of the power and authority vested in him as Secretary 

 of War as aforesaid by law, appoint one John S. Evans to 

 maintain a trading-establishment at Fort Sill, a military post 

 of the United States- and he, the said Belknap, did receive 

 from one Caleb P. Marsh large sums of money, for and in 

 consideration of his having so appointed said John S. Evans 

 to maintain said trading-establishment at said military post, 

 and for continuing him therein, whereby he has been guilty 

 of high crimes and misdemeanors in bis said office. 



.s//,-<v>Vi///<> 1. On or about the Ud day of November, 

 1s7o. said William W. Belknap, while Secretary of War as 

 aforesaid, did receive from Caleb P. Marsh one thousand 

 five hundred dollars, in consideration of his having appointed 

 said John S. Evans to maintain a trading-establishment at 

 Fort Sill aforesaid, and for continuing him therein. 



Here follow sixteen similar specifications chare- 

 ing the receipt of money at vi.rious times, the whole 

 amount heing twenty-four thousand four hundred 

 and fifty dollars. 



ART. V. That one John S. Evans was. on the 10th day ot 

 October, in the year l-*7ii. appointed by the said lielknap 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. 1<7G, permit said l-!van> to maintain the same; 

 nnd said Belknap was Induced to make said appointment by 

 the influence and request of one Caleb P. Marsh ; and said 

 Evans paid to saiil Marsh, in consideration of such influence 

 and request and In consideration that he should thereby in- 

 duce said Belknap to make said appointment, divers large 

 sums of money at various times, amounting to about twelve 

 thousand dollars a year, from the date of said appointment to 

 the 25th day of March, 1S72, and to about six thousand dol- 

 lars a year thereafter until the 2d day of March, 1978, all 



