The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1876-07-21
FORTY-FOURTH CONGRESS.
WASHINGTON, July 20.
SENATE.

SENATE.
Pending the discussion of the House
bill provIding-fo the sale of the Usage
ceded lands in Kansas to the actual set
tiers, the morning hour expired.
Mr.. Patterson submitted resolution
requesting the President to communicate
to the Senate, if not incompatible to the
public interest, any information he may
have in regard to the recent slaughter of
American citizens in South Carolina.
Agreed to.
. Judge Black announced that Mr.. Car
pentsr was too sick to be present, and as
it was necessary for the counsel to hear
the argument he was to answer, he asked
that an order be made that Mr.. Blair be
heard as arranged with the managers,
and that after he had made opening ar
gument, the court adjourn till tomorrow,
when the managers would be heard.
On motion of Mr.. Anthony the order
was laid on the table.
Mr.. Blair, of the counsel, opened the
argument for the defense, holding that
the impeachment should be dismissed on
the ground that more than one-ttfird Of
the Senate voted against it. He could
not account for the persistency of this
prosecution, unless the managers eX-
pected the Senators, who voted against
the jurisdiction, would stultlfy themselves
and vote for conviction now.
Mr.. Robertson thought that such
language towards the Senators was very
harsh.
Mr.. Blair explained that he did not
mean to be personal towards the Senator.
He only spoke Of the action of the man
ayers as having the appearance that they
expected the Senators to stultify them
selves by voting for the conviction of
the defendant. He then reviewed the
articles Of impeachment seriatum.
In conclusion Mr.. Blair again argued
that his client should bo dismissed be-
cause there was not the legal two thirds
vote of the Senate asserting Jurisdiction.
Mr.. Merrlman submitted two ques-
tions, which he said he would like
to hear discussed by counsel.
The first was a Senator
dissenting. on the question of jurisdiction,
not bound by the majority, just as
dissenting judge in the Supreme
Court bench was bound by the majority;
and secondly, what was meant by the
term conviction by the constitution, ard
whether there could be conviction with
out disqualification to hold Office?
Mr.. Blair replied that = Sena-
tor voting in the minority was not
bound by the majority, and quoted
from u Peters in support of his argu-
ment. In regard to the secoLd question
he expressed the opinion that there could
be no conviction without disqualification
to hold Office, though he had not exam
ined into the matter.
After some discussion, as to whether
manager should go on with the argument
on the side of the prosecution to-day, in
the absence of Mr.. Carpenter, who was
to reply, the Senate, sitting as a court, on
motion of Mr.. Conkling, took recess
for ten minutes.
Upon resssembling the impeachment
proceedings were suspended temporarily,
and the legislative business resumed.
MIR. Window introduced bill to con-
tinue for ten days from date the provis-
ions of the act to provide temporarily for
the expenses of the government. Passed.
Mr.. Anthony introduced bill author
izing the Congressional printer to con-
tnue the public printing for ten days in
advance of the regular appropriation.
Passed.
The impeachmt nt trial was resumed, and
it was announced that Manager Lapnam,
who had been assigned to open for the
prosecution, was too sick to go on to-day.
His place was taken by Manager
Lynde, who commented on the effect Of
q vote of less than two.thrds of the Sen
ate in favor Of jurisdiction, and argued
that in the impeachment of Judge Bar
nard, various Senators who voted against
the jurisdiction, voted in favor Of his con-
vction. The question Of jurisdiction in
this case had been decided according to
law, and binding on all Senators.
He quoted from numerous legal authority
in support OF his views, and when ne
concluded, the Senate sitting as court
adjourned until tomorrow. The Leg.
islatlve business was resumed. A mes
sage was received from the House, an
nouncing the passage by that
body Of the bill to continue the act TO
provide temporarily for the expenditures
OF the government untilJuly 3lst. The
Senate concurred therein.
Adjourned.