688 



PUBLIC DOCUMENTS. 



which said Belknap well knew; yet said Belknap did, in con- 

 sideration that he would permit said Evans to continue to 

 maintain said trading-establishment, and in order that said 

 payments might continue to be made by said Evans to said 

 Marsh as aforesaid, corruptly receive from said Marsh, either 

 to his, the said Belknap's, own use, or to be paid over to the 

 wife of said Belknap, divers large sums of money at various 

 times namely: the sum of fifteen hundred dollars on or 

 about the 2d day of November, 1870; the sum of fifteen hun- 

 dred dollars on or about the 17th day of January, 1871 ; the 

 sum of fifteen hundred dollars on or about the 18th day 

 of April 1871 ; the sum of fifteen hundred dollars on or about 

 the 25th day of July, 1871 ; the sum of fifteen hundred dol- 

 lars on or about the 10th day of November, 1871; the sum 

 of fifteen hundred dollars on or about the 15th day of Janu- 

 ary 1872; the sum of fifteen hundred dollars on or about 

 the 13th day of June, 1872; the sum of fifteen hundred dol- 

 lars on or about the 22d day of November, 1872 ; the sum of 

 one thousand dollars on or about the 28th day of April, 18 <<J; 

 the sum of seventeen hundred dollars on or about the 16th 

 day of June, Ib73; the sum of fifteen hundred dollars on or 

 about the 4th day of November, 1873 ; the sum of fifteen 

 hundred dollars on or about the 22d day of January, 1874; 

 the sum of fifteen hundred dollars on or about the 10th day 

 of April 1874; the sum of fifteen hundred dollars on or 

 about the 9th day of October, 1874 ; the sum of fifteen hun- 

 dred dollars on or about the 24th day of May, 1875 ; the sum 

 of fifteen hundred dollars on or about the 17th day of Novem- 

 ber 1875 ; the sum of seven hundred and fifty dollars on or 

 about the 10th day of January, 1676: 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 misde- 

 meanor 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, examina- 

 tions, trials, and judgments may be thereupon had and given 

 as may be agreeable to law and justice. 



The President fro tempore : " The Chair informs 

 he managers that the Senate will take proper order 

 T; the subject of the impeachment, of which due 

 notice shall be given to the House of Representa- 

 tives." 



The managers thereupon withdrew. 



The Chief-Justice, Hon. Morrison R. Waite, ad- 

 ministered the requisite oath to the Senators. Then- 

 after, on being notified, the managers appeared and 

 asked for process in the case, when the Senate 



o'clock, to consider what replication to make to the 

 plea. 



April l$th. Mr. Manager Lord presented the rep- 

 lication to the Senate sitting as a court of impeach- 

 ment. 



The Secretary read the replication : 



1. That the matters alleged in the said plea are not sufficient 

 to exempt the said William W. Belknap from answering the 

 said articles of impeachment, because they say that at the 

 time all the acts charged in said articles of impeachment were 

 done nnd committed, and thence continuously done, to the 

 2d day of March. A. D. 1876; the said William W. Belknap 

 was Secretary of War of the United States, aa in said articles 

 of impeachment averred, and therefore that, by the Consti- 

 tution of the United States, the House of Representatives had 

 power 10 prefer the articles of impeachment, and the Senate 

 have full and the so'e power to try the same. 



2. For a second and further replication to the plea of the 

 said William W. Belknap, say that the matters alleged in the 

 said plea are not sufficient "to exempt the said \V illiiim W. 

 Belknap from answering the said articles of impeachment, 

 because they say that, at the time of the commission by the 

 said William W. Belknap of the acts and matters set forth 

 in the said articles of impeachment, he, said William W. Bel- 

 knap, was an officer of the United States, as alleged in the 

 said articles of impeachment; and they say that the said 

 William W. Belknap. after the commission of each one of the 

 acts alleged in the said articles, was and continued to be such 

 officer, as alleged in said articles, until and including the 2d 

 day of March, A. D. 1870, and until the House of Representa- 

 tives, by its proper committee, had completed its investiga- 

 tion of his official conduct as such officer in regard to the 

 matters and things set forth as official misconduct in the said 

 articles, and the said committee was considering the report 

 it should make to the House of Representatives upon the 

 same, the said Belknap being at the time aware of such in- 

 vestigation, and of the evidence taken, and of such proposed 

 report. 



And the House of Representatives further say that, while 

 its said committee was considering and preparing its said 

 report to the House of Representatives recommending the 

 impeachment of the said William W. Belknap for the mat- 

 ters and things set forth in the said articles, the said William 

 W. Belknap, with full knowledge thereof, resigned his posi- 

 tion as such officer on the said 2d day of March, A. i>. Ib76, 

 with intent to evade the proceedings of impeachment against 

 him. And the House of Representatives resolved to impeach 

 the said William W. Belknap for said matters as in said ar- 

 ticles set forth on said 2d day of March, A. D. 1676. And 

 the House of Representatives say that by the Constitution 

 of the United States the House of Representatives had 

 power to prefer said articles of impeachment against the said 

 William W. Belknap, and that the Senate sitting as a court 

 of impeachment has full power to try the same. 



Ordered, That a summons be issued to William W. Bel- 

 knap, returnable on Monday, the 17th day of the present 

 month, at one o'clock in the afternoon. 



The following order was made : 

 Ordered, That the respondent file his rejoinder with the 

 Secretary on or before the 24th day of April instant, who shall 

 deliver a copy thereof to the Clerk of the House of Repre- 

 sentatives, and that the House of Representatives file their 

 sur-rejoinder, if any, on or before the 25th day of April in- 

 stant; a copy of which shall be delivered by the Secretary to 



4prairg.-Mr. Belknap, being called, was repre- thaegm sel for^h e^sponde jt^ ^ ^ ^ rf 



sented by Hon. Matthew Carpenter, who said : Mr. instan t at twelve o'clock and thirty minutes afternoon. 

 President, William W. Belknap, a private citizen ot 

 the United States and of the State of Iowa, in obe- 

 dience to the summons of the Senate sitting as a court 

 of impeachment to try the articles presented against 

 him by the House of Representatives of the United 

 States, appears at the bar of the Senate sitting as a 

 court of impeachment, and interposes the plea"- 

 which he asked the Secretary to read, and requested 

 that it be filed. 

 The Secretary read the plea: 



That at the time when the said articles of impeachment 

 were exhibited and presented against him, the said Belknap, 

 he, the said Belknap, was not, nor hath he since been, nor is 

 he now, an officer of the United States; but at the said times 

 was, ever since hath been, and now is, a private citizen of the 

 United States and of the State of Iowa; and this he, the said 

 Belknap, is ready to verify. Wherefore he prays judgment 

 whether this <:ourt can or will take further cognizance of the 

 said articles of impeachment. 



Mr. Carpenter announced that Judge Jeremiah S. 

 Black, Hon. Montgomery Blair, and himself, ap- 

 peared as counsel for Mr. iielknap. 



The managers were given until the 19th, at one 



April <lth. The rejoinder was read, as follows : 



That the replication of the House of Representatives, first 

 above pleaded to the said plea of him, the said Belknap, and 

 the matters therein contained in manner and form as the 

 same are above pleaded and set forth, are not sufficient in law 

 for the said House of Representatives to have or maintain 

 impeachment thereof against him, the said Belknap, and that 

 he, the said Belknap, is not bound by law to answer the same. 



And as to the second replication of the House of Repre- 

 sentatives of the United States, secondly ab<>ve pleaded, saith 

 that it is not true, as in that replication alleged, that he, the 

 said Belknap, was Secretary of War of the United States 

 from any time until and including the 2d day of March, A. D- 

 1876. 



2. And the said Belknap further saith, as to the said secon; 

 replication of the House, secondly above pleaded, that it is 

 not true, as in that replication alleged, that he, the said 

 knap, was Secretary of War until the said House of Repre- 

 sentatives, by any committee of the said House raised or in- 

 structed for that purpose, or having any authority from th 

 House of Representatives in that behalf, had investigated tt 

 official conduct of him, the said Belknap, as Secretary o: 

 War, in regard to the matters and things set forth as ofncial 

 misconduct in the said articles of impeachment. 



8. And the said Belknap, as to the said second replication 



