The Superior times. [volume] (Superior, Wis.) 1870-1912, 1876-06-09
BELKNAP.
The Senate Declares it Has Jurisdiction
in His Case-The Vote in Detail.

iAC 1CuetbS DSC1dIeS IL 1dS u ASoANtASN1
in His Case-The Vote in Detail.
In the Senate On the Goth ult., Thur
man introduced the following:
Res0lred, That, in the opinion of the SEN
ate, William w Belknap. the respondent,
IS amenable 10 trial by impeachment for
acts done as Secretary of War, notwith-
stahulng has resignation of said office.
heS0,ted, That the House of Representa-
yves and the respondent be notified that on
the blank day of blank at u o'clock, me-
Fldlan, the Senate will deliver its iudg-
ment IN open Senate on the question of
jurisdiction raised by pleadings, at which
time the managers on the part of the House
and the respondent are notified to attend
Res0lced, That at the time specified in the
foregoing resolution, the President of the
Senate shall pronounce judgment of the
Senate. as follows: 1t is ordered by the
Senate. sitting for the trial of the articles
of impeachment preferred by the House of
Representatives against w. w. Beknap,
late Secretary of War, that the demurrer of
said William W. Belknap to the replication
of the House of Representatives to the plea
to jurisdiction filed by said Belknap be and
the same is hereby overruled, and going
back to the first defect, and 1t being rhe
opinion of the Senate that said plea Is IN
sufficient III law, and that said articles of
Impeachment are sufficient IN law, 1t is,
therefore, further ordered and adjudged
that said plea be and the same hereby is
overruled and had for naught; and said
William . Belknap is ordered to plead or
answer to the merits within the days which
judgment thus pronounced shall be entered
upon the journal of the Senate, sitting as
aforesaid.
On motion of Mr. Conkling, the first
resolution was amended by adding
thereto the words before he was I'M
peached" Mr. Conkling then demand
ed q separate vote on the resolution
submitted by Mr.. Thurman.
The question being on the first reso-
luton, Mr. Paddock moved the follow
ing as a substitutes:
ResoIred That William w Belknap, hay
ing ceased to be an officer of the United
States by reason of his resignation before
proceedings in an impeachment were COM
menced against him by the House of Repre-
sentatives, the Senate cannot take jurisdic-
/ ton in the case.
Rejected, yeas %, nays 81, as follows,
YeoS-Messrs Allison, Booth, Boutwell,,
Bruce, Cameron of Wisconsin, Chrishancy,
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, Spen-
Ger and Windom-29.
Nays-Messrs. Bayard, Bogy, Burnside,
Cameron of Pennsylvania, CapertOn, Cock
erell, Cooper Davis, Dawes, Dennis, Ed
mundS, Goldthwaite, Gordon, Hamilton,
Hitchcock, Kelley, Herman, Key, McCreery,
Mcdonald, Maxey, Mitchell, Morrill, of
Vermont, Norwood, Randolph, Ransom,
Robertson, Sargent, Salisbury, Sherman,
Stevenson, Thurman, Wadleigh, Wallace,
White, WitheTs and Wright-37.
The question recurring on the first
resolution of Thurman, as amended by
Conkling, it was agreed to, yeas 81,
nays 20.
/ Those who are recorded in the mega
tive on the above voting in the affiTma-
tive on this resolution, and those re-
corded in the affirmative voting in the
negative.
| The question remaining on the sec
ond resolution of Mr.. Thurman, it was
amended so as to read that the House
Of Representatives and respondents be
notified that on Thursday, the LIST day
of June, 1876 at 1 o'clock P. NJ, the
Senate will deliver its judgment, etc,
and as amended it was agreed to, yeas
Al, nays 8. Those voting in the mega
tive were: Messrs. Hamilton, Mcmillan
and Morrill,, of Maine.
The question then being on the third
resolution of Mr. Thurman, the latter
part of il was amended to read as fol-
lows:
That the demurrer of said VIM w. Bel
KNAPP to the replication of the House of
Represe natives to the plea to jurisdiction,
flied by said Belknap be and the same here
! by is oyerruled, and it being the opinion of
the Senate that said plea is insufficient in
law, it is therefore further ordered and ad-
/ Judged that said plea be and the same here
/ by is overruled and held for naught, which
/ judgment, thus pronounced, shall be enter
ed upon the journal of the Senate, sitting as
aforesaid.
The resolution, as amended, was
adopted-yeas 80, nays p.
Mr.. Whyte submitted resolution
permitting Senators to file opinions in
writing on the question of jurisdiction
on or before the LIST Of July, 1876, such
opinions to be printed with the pro-
ceedings, in the order in which they are
delivered Agreed to.