The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-06-17
General Belknap's Counsel Decline
to Put In Any Other Plea.
A SUBSTANTIAL ACoUlT7AL CLAIMED
Effect Of the Decision on the
Jurisdiction Question.
SHARP PASSAGE BETWEEN COUNSEL AND SENATOR.


late Secretary of War; this being the day fixed under
tho recent order OF tho receive any further
answer to the articles OF impeachment the respondent
might desire 10 make. Tho accused with Mcssrs
Black and Blair. of his counsel and the managers,
the part the House of Representatives, being pres
ent proclamation was mado by tho Sergeant-at-Arms
In the usual form.
ARGUMENT or JUDGE BLACK.
Judge Black referred the order OF the Sem
ate that the defendant should plead further by to-day,
counsel tor the defence de-
cltncd put any plea, not because they did not
pcct 90 trial upon the merits of tho case but
because any plea which they might put in under the
order would probably be construed IN
admission that tho defendant had not already
been substantially acquitted. The counsel
the defence expected the Senate to put in the plea
OF not guilty Tor them and they would. aid tho Senate
10 tho of their power TO sustain that plea.
Judge Black then argued that the decision OF tho
Senate had already been favor Of the defendant,
the order asserting jurisdiction in the case was not
passed by a two thirds vo.o He then read the fol-
loving paper
the senate he United states sitting Cent Cent Of
ssHnap and now to wit. this 18th day Of June 1875
& 'a eS TO to sd q
%
the ah . s 1n'' Of a. aa Ia
h: aa ps did ssSS q that At: ... o %ass
ad and the time when the said ARTICLES Of
s sap at Sss f sss
been public office. Of the United States sps lriv.,s
tina. plea aforesaid and all the matters and things therein
By namely y said House
before said and the SAID se1m s further
,nssney g. the plea pleaded BY him y;
the O. che and
Judgment that such thereupon had Ia
this tina, Seha II this cause that
d the United state. sitting 0our,
several ,adsmsn's opinions and vote, on The he. truth
Whereby da S O. 'ss
pss n sas
~ their opinions and vote, affirmed and declared
as opinion . TO . Ss na s.d point 9snS Of s
the s as sAse sa On Sitting @
declared therein that the said Beknap having
resignation ocs Of War Of the United
neassd against hun ~ the House ssprssen.asyss
q The limited ] 10: t ys,
;a,I:sseS. senator: y shs's
TO
ss II sIS sn oon l
Beansp is amsna1,s to trial On tor
s ss' SHa' a
should ass.Is he ss s q; :.i$
respondent should be held for nausht. aud
41sn Ri" 'A,a ''S s
sf did
hs e. and THERE ro ad an xa
proposition AL Of which appears m, more fully and
Ri. sae upon which record tho said soanap
. ss the to sss Oh ss sa
section clause which provides that IN. person shall
members present. mssnins on ." on na
%sas having been sspsas.sd y " .xsihisa. St the
the contrary thereof the vote aforesaid ay shows the
Plea and %
said Senate ns aforesaid having Sy their
votes deelared-,o Wit ,-eny seven =, aforesaid and
cIared affirmed their opinion TO be tina, said plea
s sd psSss s taking
s s ss %
substantially acquitted by the Senate sitting aforesaid
requiring
sssa ' %.Ss With the ss .xsSa:
voting sa the aasan Of the p passage Of .
and said order having been passed Min the
and %, IN ss ass OF %as ns and
said Court Of Impeachment, il This eaa;s. and said
and void OF said and the said respond
said !" aud the soS rspond
ns hereby pray' said court ha, he may be hence d%:ed
SoSIGoMEay BLAIR,
Counsel for the respondent. William W. Bsiknsp
THE COURT
Mr.. EpMuxDs objected to the paper being filed.
MI Manager LORD also objected, and submitted an
order that the respondent W. w. Belknap shall be
allowed 10 make any further plea to the ar
clcs preferred against him the part
of the House of Representatives. but that pro-
recdings shall DO upon the general plea OF not
guilty.
Mr. EDxuxDs inquired II the application OF the re-
spondcnt for subpnuas for witnesses had been re-
cevedY
The CHAIR replied In the Affirmative and laid before
the Senate Of asked for by the defence,
NUMBERING 1871
Mr. Epxusps said II counsel or managers did no,
wish 10 be heard further he would that the gal
cries be cleared doors closed for consultation
Judge BLACK said counsel the defence had offered
paper asserting their legal aud constitutional rights
Senator objected and also manager. Was that any
reason why the paper should be thrown under The
tabcy A majority of Senate could ride the
science, but some so respect should DO shown 10 tho
aefcncc.
Mr. EpuuSps called the counsel TO order and said he
lid think tho language proper to be addressed
the Senate.
Judge BLACKWELL, II am out OF order what shall i
do TO get In order again
The PRESIDENT PRO tenn admouished the counsel that
respectful language must be used.
Judge BLACK tvcsumng) said Alter consultation
with his colleagues and his client they had concluded
put the paper just rcad by him. and he submitted
that II was not only respectful but was humble 10 tho
last degree
Mr. EDxuxps said he objected TO the filing OF tho
paper he desired IT, but he desired
that should be held in that the senate might
dctcrmne what should be done with IT.
Mr. BLAIR also argued that tho counsel intended no
cisrcspcct by Offering tho paper They simply desired
10 record their views As 10 the previous action
Of the Senate
Mr. Manager LORD srgucu that the paper offered by
the counsel defence In dirccl
the order OF the Senate, which that the
Defendant should day further the articles OF
IMPEACHMENT otherwise the trial should proceed
npon plea OF guilty. The counsel nov declined
Ia utcad and asked that his extraordinary paper be
laie.s, Tor which there precedent He then
wahurew the order recently submitted by him
o. tehalf OF tho Board OF Managers and
moved, substitute. an order that
William w. Belknap having made default TO plead to
the articles OF cachmrnt, the trial shall proceed
upon plea Ut not guilty In pursuance Of the former