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which said Belknap well knew; yet said Belknap did, in consideration 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 hundred 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 dollars on or about the 10th day of November, 1871; the sum of fifteen hundred dollars on or about the 15th day of January, 1872; the sum of fifteen hundred dollars on or about the 18th day of June, 1872; the sum of fifteen hundred dollars on or about the 22d day of November, 1872; the sum of one thousand dollars on or about the 28th day of April, 1878; the sum of seventeen hundred dollars on or about the 16th day of June, 1573; the sum of fifteen hundred dollars on or about the 4th day of November, 1878; 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 hundred dollars on or about the 24th day of May, 1875; the sum of fifteen hundred dollars on or about the 17th day of November, 1875; the sum of seven hundred and fifty dollars on or about the 15th day of January, 1576: 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 misdemeanor 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, examinations, trials, and judgments may be thereupon had and given as may be agreeable to law and justice.

The President pro tempore: "The Chair informs the managers that the Senate will take proper order on the subject of the impeachment, of which due notice shall be given to the House of Representatives."

The managers thereupon withdrew.

The Chief Justice, Hon. Morrison R. Waite, administered the requisite oath to the Senators. There after, on being notified, the managers appeared and asked for process in the case, when the Senate

Ordered, That a summons be issued to William W. Belknap, returnable on Monday, the 17th day of the present month, at one o'clock in the afternoon.

April 17th.-Mr. Belknap, being called, was represented by Hon. Matthew Carpenter, who said: “Mr. President, William W. Belknap, a private citizen of the United States and of the State of Iowa, in obedience 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 court 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, appeared as counsel for Mr. Belknap.

The managers were given until the 19th, at one

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

April 19th.-Mr. Manager Lord presented the replication 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 and 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, as in said articles of impeachment averred, and therefore that, by the Constitution of the United States, the House of Representatives had power to prefer the articles of impeachment, and the Senate have full and the sole 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 William 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. Belknap, was an officer of the United States, as alleged in the said articles of impeachment; and they say that the sald 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. 1876, and until the House of Representatives, by its proper committee, had completed its investigation of his official conduct as such officer in regard to the matters and things set forth as official misconduct in the ssid articles, and the said committee was considering the repert it should make to the House of Representatives upon the same, the said Belknap being at the time aware of such investigation, 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 ma ters and things set forth in the said articles, the said Willism W. Belknap, with full knowledge thereof, resigned his position as such officer on the said 2d day of March, A. D. 1876, with intent to evade the proceedings of impeachment against him. And the House of Representatives resolved to impesch the said William W. Belknap for said matters as in said ar ticles set forth on said 2d day of March, A. D. 1876. 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.

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 ther sur-rejoinder, if any, on or before the 25th day of April instant; a copy of which shall be delivered by the Secretary to the counsel for the respondent.

Ordered, That the trial proceed on the 27th day of Apri instant, at twelve o'clock and thirty minutes afternoon.

April 27th.-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 he, the said Belknap, is not bound by law to answer the saine. impeachment thereof against him, the said Belknap, and that

And as to the second replication of the House of Repre sentatives of the United States, secondly above 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 ta not true, as in that replication alleged, that he, the said Ber knap, was Secretary of War until the said House of Repre sentatives, by any committee of the said House raised or instructed for that purpose, or having any authority from the House of Representatives in that behalf, had investigated the official conduct of him, the said Belknap, as Secretary of War, in regard to the matters and things set forth as official misconduct in the said articles of impeachment.

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

of the said House, secondly above pleaded, further saith that at the city of Washington, in the District of Columbia, on the 2d day of March, A. D. 1876, at 10 o'clock and 20 minutes in the forenoon of that day, he, the said Belknap, resigned the office of Secretary of War, by written resignation under his hand, addressed and delivered to the President of the United States, and the President of the United States then and there accepted the said resignation, by acceptance in writing under his hand, then and there indorsed upon the said written resig

nation.

4. And the said Belknap, as to the said second replication of the House, secondly above pleaded, further saith that, when the said House of Representatives took the first proceeding in relation to the impeachment of him, the said Belknap, and when the matter was first mentioned in the said House-that is, in the afternoon of the 2d day of March, A. D. 1576-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 he, the said Belknap, was not then an officer of the United States, as the facts were.

5. And the said Belknap, as to the said second replication of the House, secondly above pleaded, further saith that the Committee on the Expenditures of the War Department were informed of his resignation while examining charges against him, and that thereupon the said committee declared that they, the said committee, had no further duty to perform in the premises.

6. And said Belknap, as to the said second replication of the House, secondly above pleaded, further saith, although true it is that he did resign his position as Secretary of War on the 2d day of March, A. D. 1876, nevertheless it is not true, as 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 committee 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 Belknap, had 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 Belknap, 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, he, 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 accede to said proposition, and Hon. Heister Clymer, chairman of said committee, then declared to said Belknap that he, said Clymer, should move in the said House of Representatives, upon the statement of said Marsh, for the impeachment 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 aforesaid. 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 suggestion made by said Clymer, chairman as aforesaid, believing that the same was made in good faith by the said Clymer, chairman as aforesaid, and that he, said Belknap, would, by resigning his position as Secretary of War, secure the speedy dismissal of said statement from the public mind, which said statement, though it involved no criminality on his part, was deeply painful to his feelings, and did resign his said position as Secretary of War, as hereinbefore stated, at 10 o'clock and 20 minutes in the forenoon of the 2d day of March, A. d.

1576; and at 11 o'clock in the forenoon of 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 said suggestion so made by said Clymer; and thereupon said committee declared that they, the said committee, had 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, said House ought, in honor and in law, to be estopped to deny that said Clymer was also VOL. XVI.-44 A

acting on behalf of said House in suggesting the resignation of him, said Belknap, as aforesaid, and ought not to be heard to complain of a resignation thus induced.

The Secretary read the sur-rejoinder of the House of Representatives:

1. That the said first replication to the plea of the said William W. Belknap to the articles of impeachment exhibited against him as aforesaid, and the matters therein contained, in manner 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, and that the Senate sitting as a court of impeachment has jurisdiction to hear, try, and determine the same.

2. And the said House of Representatives, as to the first and second subdivisions of the rejoinder to the second replication of the House of Representatives to the plea of the defendant to the said articles of impeachment, wherein the said defendant demands trial according to law, the said House of Representatives do the like; and as to the third, fourth, fifth, and sixth subdivisions of the rejoinder of the said defendant to the said second replication, they say, reserving to themselves 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 rejoinders to said second replication contained, or either of them, which denies or traverses the acts and intents charged against said defendant in said second replication, and they reaffirm 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 he 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 determine the question whether William W. Belknap, the respondent, 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 30 minutes P. M.; that the opening and close of the argument be given to the respondent; that three counsel and four managers may be heard in such order as may be agreed on between themselves; and that such time be allowed 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 bis 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 the case within the jurisdiction of the court; and

3. That the issues of fact arising upon the plea in abatement are immaterial

contending that, by his resignation, he ceased to be an officer, and was only a private citizen at the time of his 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 were committed, and at the time when the investigation was in progress, and for portion of the day when the resolution was passed, could not oust the Senate of jurisdiction by a resignation of his office when he found impeachment imminent.

The argument being concluded, it was

Ordered, That, until further notice, the attendance before the 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 tempore announced

the proposition before the Senate pending for determination.

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 impeachment for acts done as Secretary of War, notwithstanding his resignation of said office.

Resolved, That the House of Representatives and the respondent 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 resolution the President of the Senate shall pronounce the judgment 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 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, 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 Senate sitting as aforesaid.

Mr. Conkling moved to amend the first resolution by inserting at the end thereof, "before he was impeached."

The amendment was agreed to.

Mr. Conkling 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. Paddock further moved to amend the said resolution 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 commenced 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, resultedyeas 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 resignation of said office before he was impeached

Mr. Thurman called for the yeas and nays, and they were ordered; and, being taken, resultedyeas 37, nays 29, as follows:

YEAS-Messrs. Bayard, Bogy, Burnside, Cameron of Pennsylvania, Caperton, Cockrell, Cooper, Davis, Dawes, Dennis, Edmunds, Goldthwaite, Gordon, Hamilton, Hitchcock, Kelley, Kernan, Key, McCreery, McDonald, Maxey, Mitchell, Morrill of Vermont, Norwood, Randolph, Ransom, Robertson, Sargent, Saulsbury, Sherman, Stevenson, Thurman, Wadleigh, Wallace, Whyte, Withers, and Wright-37.

NAYS-Messrs. Allison, Booth, Boutwell, Bruce, Cameron of Wisconsin, Christiancy, Clayton, Conkling, Cragin, Dorsey, Eaton, 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 respondent be notified that on Thursday, the 1st day of June, 1876, 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 inanagers on the part of the House and the respondent are notified to attend

On the question to agree thereto,

Mr. Thurman called for the yeas and nays, and they were ordered; and, being taken, resultedyeas 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 resolution 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 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 journal of the Senate sitting as aforesaid

On the question to agree thereto, Mr. Thurman and, being taken, resulted-yeas 35, navs 22. called for the yeas and nays, and they were ordered;

Mr. Whyte submitted an order, which was considered 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, 1876, to be printed with the proceedings 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 Senate 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. 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, 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 shail proceed as upon a plea of not guilty.

It was further

Ordered, That on the 6th of July, 1876, at 1 o'clock P. x. 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 managers furnish to the defendant, er 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 respordent furnish to the managers a list of witnesses, as far as known, that be 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 acquitted of the charges, two-thirds

not having voted against him, and that he could not
be again put upon trial.
June 19th.-It was

Ordered, That the paper presented by the defendant on the 16th instant be filed in this cause; and the defendant having failed to answer to the merits within ten days allowed by the order of the Senate of the 6th instant, the trial shall proceed on the 6th of July next as upon a plea of not guilty: Provided, That the impeachment can only proceed while Congress is in session.

Ordered, That the Secretary issue subpoenas that may be applied for by the respondent for such witnesses to be summoned, at the expense of the United States, as shall be allowed by a committee, to consist of Senators Frelinghuysen, Thurman, and Christiancy; and that subpoenas for all other witnesses for the respondent shall contain the statement that the witnesses therein named are to attend upon the tender on behalf of the respondent of their lawful fees.

July 6th.-The case was opened on the part of the managers by Mr. Lynde, who, in closing, and in answer to a question, stated that the managers relied upon and referred to section 1781 of the Revised Statutes, and also to section 5501, to sustain the impeachment.

The examination of witnesses to support the allegations of the articles of impeachment was then proceeded with, and witnesses were produced and sworn on both sides and examined, the trial occupying until July 20th.

Argument on the part of Mr. Belknap was commenced on that day by Mr. Blair, who stated the propositions of the defense, as follows:

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4. Whether the evidence established any improper conduct on the part of the respondent.

Mr. Manager Lvnde followed, claiming that the impeachment should be sustained.

July 24th.-Argument continued by Mr. Manager Lapham, Mr. Manager Jenks, and Mr. Black.

July 25th, 26th.--Argument continued by Mr. Carpenter for the defense, who claimed, on the evidence

1. The respondent stands before you under examination for almost seven years' administration of a great executive department of this Government, to which he was appointed for his ability, and his gallant service for the Union in the

field.

2. We have shown that he possessed a spotless character from boyhood to 1869, when he was appointed Secretary of War; and that his administration of the War Department has been characterized by energy, ability, and integrity, never questioned save in the single transaction now under examination.

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GUILTY--Messrs. Bayard, Booth, Canieron of Pennsylvania, Cockrell, Cooper, Davis, Dawes, Dennis, Edmunds, Gordon, Hamilton, Harvey, Hitchcock, Kelly, Kernan, Key, McCreery, McDonald, Merrimon, Mitchell, Morrill, Norwood, Oglesby, Randolph, Ransom, Robertson, Sargent, Saulsbury, Sherman, Stevenson, Thurman, Wadleigh, Wallace, Whyte, and Withers-35.

NOT GUILTY-Messrs. Allison, Anthony, Boutwell, Bruce, Cameron of Wisconsin, Christiancy, Conkling, Conover, Cragin, Dorsey, Eaton, Ferry, Frelinghuysen, Hamlin, Howe, Ingalls, Jones of Nevada, Logan, McMillan, Paddock, Patterson, Spencer, West, Windom, and Wright-25. Most of the Senators voting "not guilty" stating that they did so on the question of jurisdiction.

On the second article: Guilty," 36, the same Senators who had thus voted on the first article, with Senator Maxey, who did not then vote. "Not guilty,"

11 25.

On the third article, same vote: "Guilty," 36. "Not guilty," 25.

On the fourth article, same vote: "Guilty," 36. "Not guilty," 25.

On the fifth article: "Guilty," 37, same vote, with Senator Morton, who had been prevented by an accident from being present at the other votes. "Not guilty," 25.

The President pro tempore: "On this article, 37 Senators vote guilty,' and 25 Senators vote 'not guilty.' Two-thirds of the Senators present not sustaining the fifth article, the respondent is acquit

ted on this article. This concludes the action of the Senate on all the articles of the impeachment. The Chair will call the Senate's attention to Rule 22, which provides:

And if the impeachment shall not upon any of the articles presented be sustained by the votes of two-thirds of the members present, a judgment of acquittal shall be entered.

"If there be no objection to complying therewith, the Secretary will be directed to enter a judgment of acquittal. Is there objection? The Chair hears none, and it will be so entered."

PUGH, GEORGE ELLIS, died at Cincinnati, Ohio, July 19, 1876. He was born in that city, November 28, 1822. He graduated at the Miami University in 1840, began the practice of law, but when the Mexican War broke out he became captain in the Fourth Ohio Volunteers. In 1848-49 he was a representative in the Ohio Legislature; was elected City Solicitor of Cincinnati in 1850, and Attorney-General of Ohio in 1851. In 1854 he defeated Salmon P. Chase in the contest for the latter's seat in the United States Senate. He sat during the six years beginning March 4, 1855, serving on the Committees on Public Lands and the Judiciary, and was defeated by Governor Chase for the ensuing term. In 1860 Mr. Pugh was chairman of Ordered, That on Tuesday next, the 1st day of August. at 12 o'clock meridian, the Senate shall proceed to vote, withthe Ohio delegation to the National Democratout debate, on the several articles of impeachment. The ic Convention held in Charleston. During the presiding officer shall direct the Secretary to read the several war he defended Mr. Vallandigham. In 1863 articles successively, and after the reading of each article the presiding officer shall put the question following, namely: he was an unsuccessful candidate for Lieuten"Mr. Senator -. how say you? Is the respondent, Wil- ant-Governor of Ohio. In 1864 he was defeated liam W. Belknap, guilty, or not guilty, of a high crime"-or "high misdemeanor," as the charge may be-" as charged in as a candidate for Congress by Benjamin Egthis article?" Whereupon such Senator shall rise in his gleston. In 1873 he was chosen to the State place and answer" guilty," or "not guilty," with his reasons, if any, as provided in the order already adopted. Constitutional Convention, from which he afterward withdrew.

8. And in regard to this transaction we have explained every circumstance relied upon as evidence of guilt, dispelled every suspicion surrounding it, and we point you, in perfect confidence, to all the direct testimony in the case, which conclusively and emphatically acquits the respondentand on the law that the Senate had not jurisdiction. July 31st.-It was

And each Senator shall be permitted to file, within two days

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RANDALL, SAMUEL J., was born in Philadelphia, October 10, 1828. Much of his life has been spent in mercantile pursuits, and he has served one term in the Pennsylvania Senate. At the beginning of the civil war he enlisted as a private soldier, and served under Colonel George H. Thomas. In 1862 he was elected to Congress, where he has continued by successive reëlections, serving on many important committees, and becoming chairman of the Committee on Appropriations. In December, 1876, he was elected by the Democrats Speaker of the House of Representatives -a position for which he had been an unsuccessful candidate at the beginning of the Fortyfourth Congress.

REDFIELD, ISAAC FLETCHER, an American jurist, born in Weathersfield, Vt., April 10,

1804; died in Boston, Mass., in March, 1876. He graduated at Dartmouth College in 1825, studied law, and practised at Derby, and afterward at Windsor, Vt. From 1835 to 1860 he was a Judge of the Supreme Court, being Chief-Justice from 1852; and from 1858 to 1862 he was Professor of Medical Jurisprudence in Dartmouth College. In 1861 he removed to Boston, where he continued to reside till his death. From January, 1867, he was for two years Special Counsel of the United States in Europe, having charge of many important suits and legal matters in England and France. He received the degree of LL. D. from Trinity College in 1848, and from Dartmouth in 1855. He was the author of "The Law of Railways" (1857; fifth edition, 2 vols., 1873); "The Law of Wills" (3 vols., 1864):

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