PUBLIC DOCUMENTS. 



of the said House, secondly above pleaded, further Mtth that 

 at tin- city i.i Washington, In tliu DUtrlct of Columbia, on the 

 8,1 day of March, A. i>. 1*76, at 10 o'clock and 20 mlmu. i In 

 Hi.- ion-noon of that day, be, the said Belknap. resigned the 

 office of Secretary of War, by written resignation under hi* 

 hand, addressed and delivered to the President of the I'nii. <1 

 States, and the President of the United States then and there 

 1 the said resignation, by acceptance in writing under 

 his hand, then and there Indorsed upon the said written resig- 

 nation. 



4. And tlu> said Belknap, ns to the said second replication 

 of the House, secondly above pleaded, further salth that, 

 when the mild House o'f Representatives took the flrst pro- 

 ceeding In relation to the Impeachment of him, the said Bel- 

 knap, and when the matter was flrst mentioned In the said 

 that Is, In the afternoon of the 'M day of March, A. D. 

 1S76 the said House of Representatives was fully advised 

 and well knew that he, the said Belknap, had before then 

 resigned the said office of Secretary of War, and that hi>, Uiu 

 Mi.l lt>- Ik nap, was not then an officer of the United States, as 

 the facts were. 



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

 of tlii- House, secondly above pleaded, further saith that the 

 Committee on the Expenditures of the War Department 

 were Informed of his resignation while examining charges 

 gainst him. and that thereupon the paid committee declared 

 that they, the said committee, had no further duty to per- 

 form in the premises. 



A. And said Belknap, as to the said second replication of the 

 House, secondly above pleaded, further salth, although true 

 it is that he did resign his position as Secretary of War on 

 the -M day of March. \. D. 1876, nevertheless it Is not true, 

 us alleged in that replication, that he, said Belknap, resigned 

 his said position with Intent to "evade" any proceedings of 

 said House of Representatives to Impeach him, said Belknap; 

 but, on the contrary thereof, he avers the fact to be, that a 

 standing oommittM of said House, known as the Committee 

 on the Expenditures of the War Department, without any 

 authority from or direction of said House of Representatives 

 to examine, inquire, or investigate in regard to the matters 

 and things set forth in said articles as official misconduct of 

 him, said I.clknap, hod examined one Marsh, and he had 

 made a statement to said committee, which said statement, 

 If true, would not support articles of impeachment against 

 him, said Belknap. but which said statement was of such a 

 character in respect to other persons, some of whom had 

 been and one of whom was so nearly connected with him, 

 said Belknap, by domestic ties as greatly to afflict him, said 

 llelknap. and make him willing to secure the suppression of 

 so much of said statement as affected such other persons at 

 any cost to himself; therefore he, said Belknap, proposed to 

 said committee that, if said committee would suppress that 

 part of said statement which related to said other persons, 

 In 1 , said Belknap, though contrary to the truth, would admit 

 the receipt by him, said Belknap, of all the moneys stated 

 by said Marsh to have been received by him from one Evans, 

 mentioned in said statement, and paid over by said Marsh to 

 any other person or persons; but said committee declined to 

 to said proposition, and Hon. Heister Clymer, chair- 

 man of said committee, then declared to said Belknap that 

 he, said Clymer, should move in the said House of Repre- 

 sentatives, upon the statement of said Marsh, for the im- 

 peachment of him, said Belknap, unless the said Belknap 

 should resign his position as Secretary of War before noon 

 of the next day, to wit, March 2, A. D. 1876; and, said 

 Belknap regarding this statement of said Clymer. as afore- 

 said, as an intimation that he, said Belknap, could, by thus 

 resigning, avoid the affliction inseparable from a protracted 

 trial in a forum, which would attract the greatest degree 

 of public attention, and the humiliation of availing himself 

 of the defense disclosed in said statement itself, which would 

 cast blame upon said other persons, he yielded to the sugges- 

 tion made by said Clymer, chairman as aforesaid, believing 

 that the same was made In good faith bv the said Clymer, 

 chairman as aforesaid, and that he, said Bolknap, wo lid. by 

 resigning his position as Secretary of War, secure the speedy 

 dismissal of said statement from the public mind, which said 

 .-* iti-Mh'iit. though It involved no criminality on his part, was 

 deeply painful to his feelings, and did resign his sata position 

 as Secretary of War, as hereinbefore stated, at 10 o'clock and 

 !io minutes in the forenoon of the 2d day of March. A. i>. 

 1476; and at 11 o'clock In the forenoon ot" the day and year 

 last aforesaid he, said Belknap, caused said committee to be 

 notified of his said resignation and of the acceptance thereof 

 by the President of the United States as aforesaid ; all of 

 which was in pursuance and In consequence of the sold sug- 

 gestion so made by said Clymer: and thereupon said commit- 

 tee declared that they, the said committee, hod no further 

 duty to perform in the premises. And he, said Belknap, 

 submits that, while said House of Representatives claims 

 that said Clymer was acting on its behalf In said pretended 

 examination of said Marsh, Raid House ought. In honor and 

 IB law, to be estopped to deny that said Clymer wag also 

 VOL, xvi. 14 A 



acting on behalf of said House In suggesting the nu\gotiou 

 of him. said Belknap, M aforesaid, and ought not to be beard 

 to complain of a resignation thus induced. 



The Secretary read the Bur-rejoinder of the House 

 of Representatives : 



1. That the sold flrst replication to the plea of the Mid Wil- 

 liam W. Bclknap to the articles of lmpMhBMSJt exhibited 

 against him as aforesaid, and the matters therein contained, 

 In man tier and form as the same are above set forth and stated, 

 are sufficient in law for the said House of Representatives to 

 have and maintain the said articles of impeachment against 

 the said William W. Belknap, und that the Senate sitting as a 

 court of Impeachment bos jurisdiction to bear, try, and deter- 

 mine the same. 



2. And the said House of Representatives, as to the first 

 and second subdivisions of the rejoinder to the second repli- 

 cation of the House of Representatives to th'- plea of the de- 

 fendant to the said articles of impeachment, wherein the said 

 defendant demands trial according to law, the said House of 

 Krprrs.-ntatives do the like ; and as to the third, fourth, filth, 

 ana sixth subdivisions of the rejoinder of the said defendant 

 to the said second replication, they say, reserving to them- 

 selves all advantage of exception to the Insufficiency of the 

 said subdivisions of said rejoinder to said second replication, 

 that they deny each and every averment, in said several re- 

 joinders to said second replication contained, or either of 

 them, which denies or traverses the acts and intents charged 

 iiL-ainst said defendant in said second replication, and they 

 ivailimi the truth of the matters stated therein ; and this the 

 said House of Representatives pray may be inquired of by 

 the Senate sitting as a court of impeachment. 



To which respondent replied that lie also demanded 

 trial. 



Application was thereupon made by counsel for 

 Mr. Belknap for an adjournment until December, 

 which was refused, and the following adopted, April 

 28th : 



Ordered, That the Senate proceed first to hear and de- 

 termine the question whether William W. Belknap, the re- 

 spondent, is amenable to trial by impeachment for acts done 

 as Secretary of War. notwithstanding his resignation of said 

 office ; and that the managers and counsel in such argument 

 discuss the question whether the issues of fact are material, 

 and whether the matters in support of the jurisdiction alleged 

 by the House of Representatives in the pleadings subsequent 

 to the articles of impeachment can be thus alleged, if the same 

 are not averred In said articles. 



Ordered, That the hearing proceed on May 4, 1876, at 

 12 o'clock and 80 minutes p. M. ; that the opening and close 

 of the argument be given to the respondent ; that three coun- 

 sel and four managers may be heard in such order as may be 

 agreed on between themselves; and that such time be al- 

 lowed for argument as the managers and counsel may desire. 



May 4th. The argument of the points indicated 

 in the resolution of April 28th was commenced, and 

 continued on the 5th, 6th, and 8th of May, The 

 points presented on the part of Mr. Belknap by his 

 counsel, Messrs. Carpenter, Blair, and Black, were : 



1. That articles of Impeachment cannot be entertained 

 against a private citizen in any case whatever; 



2. That wherever articles of impeachment are exhibited, 

 they must set forth every fact essential to constitute a high 

 crime or misdemeanor, and every fact necessary to bring tie 

 case within the jurisdiction of the court ; and 



8. That the issues of (act arising upon the plea In abate- 

 ment are Immaterial 



contending that, by his resignation, lie ceased to 

 be an officer, and was only a private citizen at the 

 time of hi* impeachment. 



Messrs. Lord, Knox, Jenks, and Hoar, on the part 

 of the managers, contended that Belknap, having 

 been in office at the time the offenses charged \vt-ro 

 committed, and at the time when tlic investigation 

 was in progress, and for a portion of the day when 

 the resolution was passed, could not oust the Semite 

 of jurisdiction hy a resignation of his office when he 

 found impeachment imminent. 



The argument being concluded, it was 



Ordered, That, until further notice, the attendance before 

 tho Senate, sitting for the trial of the Impeachment, of the 

 managers and the respondent will not be required. 



The questions were held under advisement and 

 consideration from May 15th to the 29th inclusive, 

 when it was determined to take the vote. 



May 29th. The President pro temport announced 



