690 



PUBLIC DOCUMENTS. 



the proposition before the Senate pending for deter- 

 mination. 



Mr. Thurman submitted the following resolutions 

 for consideration : 



Resolved, That, in the opinion of the Senate, William W. 

 Belknap, the respondent, is amenable to trial by impeach- 

 ment for acts done as Secretary of War, notwithstanding his 

 resignation of said office. 



Jtesolved, That the House of Representatives and the re- 

 spondent be notified, that on the day of , at 12 o'clock 



meridian, the Senate will deliver its judgment in open Senate 

 on the question of jurisdiction raised by the pleadings, at 

 which time the managers on the part of the House and the 

 respondent are notified to attend. 



Resolved, That at the time specified in the foregoing reso- 

 lution the President of the Senate shall pronounce the judg- 

 ment of the Senate as follows : ' It is ordered by the Senate 

 sitting for the trial of the articles of impeachment preferred 

 by the House of Representatives against William W. Belknap, 

 late Secretary of War, that the demurrer of said William W . 

 Belknap to the replication of the House of Representatives to 

 the plea to the jurisdiction filed by said Belknap be, and the 

 same hereby is, overruled ; and going back to the first defect, 

 and it being the opinion of the Senate that said plea is insuffi- 

 cient in law, and that said articles of impeachment are suffi- 

 cient in law, it is therefore further ordered and adjudged that 

 said plea be, and the same hereby is, overruled and held for 

 naught, and said William W. Belknap is ordered to plead or 



answer to the merits within days : " which judgment 



thus pronounced shall be entered upon the journal of the Sen- 

 ate sitting as aforesaid. 



Mr. Conkling moved to amend the first resolution 

 by inserting at the end thereof, " before lie was im- 

 peached." 



The amendment was agreed to. 



Mr. Conlding having demanded a division of the 

 question embraced in the resolutions of Mr. Thurman, 

 and a separate vote thereon, 



On the question to agree to the first resolution as 

 amended, 



Mr. Ruddock further moved to amend the said res- 

 olution by striking out all after the word " resolved," 

 and, in lieu thereof, inserting : 



That William W. Belknap, late Secretary of War, having 

 ceased to be a civil officer of the United States by reason of 

 his resignation before proceedings in impeachment were com- 

 menced against him by the House of Representatives, the 

 Senate cannot take jurisdiction in this case. 



Mr. Edmunds called for the yeas and nays, and 

 they were ordered ; and, being taken, resulted 

 yeas 29, nays 37. 



So the amendment was rejected. 



The question recurring on the first resolution of 

 Mr. Thurman as amended, 



On the question to agree thereto as follows : 



Resolved, That, in the opinion of the Senate, William W. 

 Belknap. the respondent, is amenable to trial by impeachment 

 for acts done as Secretary of War, notwithstanding his resig- 

 nation of said office before he was impeached 



Mr. Thurman called for the yeas and nays, and 

 they were ordered; and, being taken, resulted 

 yeas 37, nays 29, as follows : 



YEAS Messrs. Bayard, Bogy, Burnside, Cameron of Penn- 

 sylvania, Caperton, Cockrell. Cooper, Davis, Dawes, Dennis, 

 Edmunds, Goldthwaite, Gordon, Hamilton, Hitchcock, Kel- 

 ley, Kernan, Key, Mcreery, McDonald, Maxey, Mitchell, 

 Mori-ill of Vermont, Norwood, Randolph, Ransom, Robert- 

 son, Sargent, Saulsbury, Sherman, Stevenson, Thurman, Wad- 

 leigh, Wallace, Whyte, Withers, and Wright 87. 



NATS Messrs. Allison, Booth, Boutwell, Bruce, Cameron 

 of Wisconsin, Christiancy, Clayton. Conkling. Cragin, Dorsey, 

 i^aton, Ferry, Frelinghuysen, Hamlin, Harvey, Howe, Ingalls, 

 Jones of Florida, Jones of Nevada. Logan. McMillan, Morrill 

 of Maine, Morton, Oglesby, Paddock, Patterson, Spencer, 

 West, and Windom 29. 



NOT VOTING Messrs. Alcorn, Anthony, Barnum, Conover, 

 Johnston, Merrimon, and Sharon 7. 



So the first resolution, as amended, was agreed to. 



The question recurring on the second resolution 

 of Mr. Thurman, 



The said resolution having been amended on the 

 motion of Mr. Bayard, 



The question recurring on the resolution as amend- 

 ed, as follows: 



Resolved, That the House of Representatives and the re- 

 spondent be notified that on Thursday, the 1st day of June, 

 lt>76, at 1 o'clock p. M., the Senate will deliver its judgment, in 

 open Senate, on the question of jurisdiction raised by the 



Pleadings, at which time the managers on the part of the 

 louse and the respondent are notified to attend- 

 On the question to agree thereto, 

 Mr. Thurman called tor the yeas and nays, and 



they were ordered ; and, being taken, resulted 



yeas 45, nays 4. 



So the second resolution, as amended, was agreed 



to. 



The question recurring on the third resolution, 

 The said resolution having been amended on the 



motion of Mr. Bayard and on the motion of Mr. 



Thurman to read as follows : 



Resolved, That at the time specified in the foregoing reso- 

 lution the President of the Senate shall pronounce the judg- 

 ment of the Senate as follows : " It is ordered by the Senate 

 sitting for the trial of the articles of impeachment preferred 

 by the House of Representatives against William W. Bel- 

 knap, late Secretary of War, that the demurrer of said Wil- 

 liam W. Belknap to the replication of the House of Repre- 

 sentatives to the plea to the jurisdiction filed by said Belknap 

 be, and the same hereby is, overruled ; and, it being the 

 opinion of the Senate that said plea is insufficient in law, and 

 that said articles of impeachment are sufficient in law, it is 

 therefore further ordered and adjudged that said plea be, and 

 the same hereby is, overruled and held for naught ; " which 

 judgment thus pronounced shall be entered upon the journ?! 

 of the Senate sitting as aforesaid 



On the question to agree thereto, Mr. Thurman 

 called for the yeas and nays, and they were ordered ; 

 and, being taken, resulted yeas 85, nays 22. 



Mr. Whyte submitted an order, which was con- 

 sidered by unanimous consent ; and the same having 

 been amended on the motion of Mr. Edmunds, it 

 was agreed to, as follows : 



Ordered, That each Senator be permitted to file his opinion 

 in writing upon the question of jurisdiction in this case on or 

 before the 1st day of July, 1S76. to be printed with the pro- 

 ceedings in the order in which the same shall be delivered, 

 and the opinions pronounced in the Senate shall be printed in 

 the order in which they were so pronounced. 



June 1st. The President pro tempore : "The Sen- 

 ate is now ready to proceed with the trial. On the 

 question of jurisdiction raised by the pleadings in 

 this trial, it is ordered by the Senate sitting for the 

 trial of the articles of impeachment .preferred by the 

 House of Representatives against William W. Bel- 

 knap, late Secretary of War, that the demurrer of 

 said William W. Belknap to the replication of the 

 House of Representatives to the plea to the juris- 

 diction filed by said Belknap be, and the same here- 

 by is, overruled ; and, it being the opinion of the 

 Senate that said plea is insufficient in law and that 

 said articles of impeachment are sufficient in law, it 

 is therefore further ordered and adjudged that said 

 plea be, and the same hereby is, overruled and held 

 for naught." 



June 6th. It was 



Ordered, That William W. Belknap have leave to answer 

 the articles of impeachment within ten days from this date ; 

 and that in default of an answer to the merits within ten days 

 by respondent to the articles of impeachment, the trial shall 

 proceed as upon a plea of not guilty. 



It was further 



Ordered, That on the 6th of July, 1876, at 1 o'clock P. M., 

 the Senate, sitting as a court of impeachment, will proceed to 

 hear the evidence on the merits of the trial in this case. 



Ordered, That the manasers furnish to the defendant, or 

 his counsel, within four days, a list of witnesses, as far as at 

 present known to them, that they intend to call in this case ; 

 and that, within four days thereafter, the respondent furnish 

 to the managers a list of witnesses, as far as known, that he 

 intends to summon. 



June 16th. Mr. Black presented a paper claiming 

 that, as the vote on the former pleadings had stood 

 37 to 29, he was acqmitted of the charges, two-thirds 



