The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-08-02
The Pres. Repor, Of the Proceedings.


WASHINGTON. Aug. 1.-The Senate at IL
O'Clock resumed the consideration Of tho arti
cles Of impeachment against W. W. Belknsp,
and pursuant to the order Of yesterday pro-
ceeded to vote thereon. Tho respondent was
not present to-day, but was represented by Mr..
Carpenter, Of his counsel.
The presiding ofhcer directed the Secretary to
call the names OF the senators In alphabetical
order. and that each Senator rise In his place as
his name should be called. and respond guilty,
or not guilty, to the question Of the presiding
officer.
The first article OF lmpeachment, charging
Gen. Delknap with promising Marsh TO appoint
him post trader at Fort Sill and subsequently,
At the request Of Marsh. appointing John :.
Evans 10 the poslt.o on' and r.eeiNing from Marsh
fl.JO therefor on the 81 Of November, 1870. was
teai. The roll was then called. and IS senators
sOied guilty, and 25 voted not guilty, as follows
THE VOTE.
oruIY-Me.srs pa ar, Rooth., Cameron P.l.
so-doa Hamilton. Harvey, hnehcccs Ksiiv ReSaas.
G,y NC rs,ry Sci-ngi. hsr,'msgn, Mi'chclL Nor
frssa HS,'S9 sS'9a 'HsGa fasSa
~sSdssR qTS VIZ s,o5 H9a 51sDS x5,6SS; por,r.
Bruce. Cameron twis5, chris.!ancY Cohking. CSn'
i,@S i Sff qS. ys;, sssasstSSSHsR
aa2iE rais1soa poeS.,s sHsqss Ssc. "o "'na'm an
The other four articles charged the respon-
Dent with having accepted at various times
gums OF money from MArAn IN cOnsluerdtlDn OF
continuing Evans At the po.t, and having oOr
Tupt agreement with Marsh by which he basely
prostituted his high ONCE sc.
On the second, third, and fourth articles 70
Senators voted guilty and 25 not guilty, Mr..
hsxey dem, Texss) having come In and voted
On tho nfih article 81 Senators voted guilty
shd - not guilty. Mr.. Morton tRep.. Ind, who
had teen detained on account OF severe fall
this morning, having voted guilty on tue last
JUDGMENT OF AcourrrAL.
a
fcer lNlr Ferry) said that two thirds Of the Sem
Ate not having voted TO sustain the rticles, the
respondent was acquitted Of that charge, and on
the announcement OF the last vote he directed
that judgment Of aequittal be entered In ac-
cordance with the twenty second rule for the
government VI Impeachment trials.
During the roll call Senators explained their
votes as follows. In accorcancc with the rule
adopted yesterday allowing them TO do 40;
Mr.. Allison Rep.. Iowa. said Believing that
the respondent was not impeachable when the
impeachment was voted 10y the House. he being
then a private citizen, and not an ofncer Of the
United States answer not guilty for want Of
Messrs. Anthony, Bruce. Cameron CwIs). Cra-
gin, Me ian. Spencer, Patterson. and Window.
who voted not guilty, said In substance th Il they
voted not guilty because they believed the SEN
ate had not jurisdiction In the case.
SENATOR LoGAN's REASONS FoR HIS VOTE.
Mr.. Logan said section Of article 2 Of the
Constitution Of ttn.c Uni'ed states provides that
Officers of the United States shall be removed
from Office on impeachment for and conviction
SrdIe ond Gd SnG as ' ae Bekn nI
wa, not civil oficer Of the United States at
Cue time he was impeached by the House Of
Representatives. the senate. sitting as court
Si lmpea, hment, has no leg authority to Try
gl,i ioi ,lio ~ es charSel' anu as tue Const-
peachment ~ persou- IN oflce as a mode of re-
EnoSal h rom ,nce oi persons VINO commit I'm
put ou' OF ONCE oy some other mode disauali-
nca,lon ca can only y be added to to the ludgaent Of
Of the Senate under the Constitution in case OF
tupeschment must be removal from oflca, ami
inasmuch as a person not holding an ofHcs can
not be removed from an ONCE, therefore, for
want OF any constitutional authority In the
Senate OF the United States To try a citizen OF
the United states on articles II 'npeachment
for high crimes and rnisdemeanurs not holding
iieying tnat j am not required t. rronoun"s on
this fact as Judge without Jurisdiction to try,
vote not guilty.
WHY MR. CoNKLING VOTED NOT GUILTY
When tho name Of Mr.. Conklinx Wa, G He'd he
taid; Folced by the order Of 4 bare ~ l,rity
Of the Senators voting, and by less than ma
souty OF the senate putting the lesion II this
Rulity whether conviction can legally take
place on THIS impeachment, do not vote on
facts. nor on the question Of quit or Innocence,
in fact, but vote not guilty on the ground ID 1
IN this country, by Constitution, private ctiz ms
are not lmpe .ehsoie; clyl. n; omeers; anl ana Igy
kuap not, nd when impeached by the HoH 81
wls not. civil ohicer, Tut private citizen, ana
he other QUEENS accused or crime tri tble 90
iore JUDI, ia tribunals Of the country where he
Lea been nd irtel ana now awaits his trial"
When voting on the second article he said ;
"Io vote gullty on thi4 impe .chment ust
on NY oath md three things; IT, that I'm
peachneut wil ne 40 i-t "a triyue citizen
holding no CiSl cnict; .rcon B., that the tcts
charged are lnpcacuabe, nd llrI, that they
are ptoycd. l cannot md the hr6t Of these
th'ns,. and therefore, must vote not guiliY'
irn"uIth vote coGslder 10 q lestlon ,1cept the
uF,, uoH tho question " Iuuslicti9n."
w 'ne mira article no SAID: lhll tmpeac h.
ne4' be .lf against private citiz II who hOlds
,nYfl oM and held none when imrea ned,
tns On. lt4uon, as | " derstand II, does not
t",rIs'9 s',h q proceeding; aud. therefore, ]
VIC not u.,Y, not being permitted. owing - a
ehAnge ~ ine standing rule Il the senate
hlaHt Yesterday BY twenty--lx Senators, to ex-
pres, 10 au' other way NY 4dgmenL tnat tue
l"n9ie prycfediag Is yold.'
a, nheh voting On the fourth article he said
.Iule ttlug the first attempt In our history 10
hieteh the political power OF In peach hmont
1Nef eli citlzens ot the United States,
Np'e not guilty, az the only mode ~
,ec'tirs my judgment against such doe
tnhsi end ! 81 vote with a sense OF relief
ns'hS from tne fact that respondent 10 trable,
shu Is In tat indictei under statutes v aiin I'm
IN