The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-07-21
THE IMPEACHMENT TRIAL.
THE GROUNDS ON WHTCH THE DE-
FENCE CLAIM A VERDICT.
Mr.. Binir's Opening Argument - Deciarins
that the Charges should be Dismissed for
Want Of charlottesville yndo,s Reply.


Mr.. BInir's Opening Argument - Deciarins
that the Charges should DO Dismissed for
Want OF Jurisdiction-Mr. Lvndo's Reply.
WASHINGTON, July 20.-Tho Senate to-
day resumed consideration OF the articles Of
impe achment against Gen. Belknap, late Secre-
tary OF War.
MIR. Manager Lord announced that Mr.. Blair,
Of counsel for the defence. would open the ar
Rument.
Judge Black said that MIR. Carpenter, OF ooun-
sel for the defence, was too III to attend the
court to-day. and he hoped no Manager would
speak after Blair. but would wait until to-mor-
row, when 1t was hoped Mr. Carpenter would be
present and as that gentleman had to reply to
the Manager who would succeed Mr.. Blair, II
would not be fair to compel him to reply to an
argument which bro had not heard. He asked
for order that the Senate sitting a. a Court Of
Impeachment adjourn at the conclusion OF MIR.
Blair's remarks.
Mr.. Anthony rep. II. ~ suggested that tho
question Of adJourning could be settled after
Mr.. Blair had concluded. lie moved to lay the
order on the table. Agreed to.
Mr.. Blair, In opening his argument, appealed
10 the Senate to consider the case with calmness
and fairness. The questions to be considered
were OF law and evidence, and ought to be freed
from the passions OF the outside world and the
political campaign now going on. lie then adj
dressed himself to the question OF jurisdiction,
aud argued that the impeachment should be
dismissed on the ground that more than one =
third OF the Senate voted against It, He next
referred to tho order OF the Senate directing
thas the trial should go on as q plea OF not
guilty and said he thought IL utterly unjust
lie thought the Managers, In advocating that
order, ATTEMPTED to coerce portion of the Sem
ate to vote for the conviction OF the accused
after that portion had voted that the Senate had
no Jurisdlction In this case. lie could not ac-
count for the persistency OF this prosecution,
unless the Managers expected that those Sena-
tors who voted against Jurisdiction would stul-
tify themselves and vote for convection now.
Mr.. Robertson rep, 5. CO thought such lam
guage toward Senators very harsh
MIR. Blair said he did not mean to be personal
toward Senators. lie only spoke Of the action
OF the Managers as having the appearance That
they expected Senators would stultify them
selves by voting for the conviction Of the de-
PENDANT. He then reviewed the articles " i'm
parchment seria'im, and said they all by cir
cumlocuton made the charge Of bribery, but
the evidence did not sustain that charge. Mr..
Blair then quoted at length from the testimony
In support OF his argument that tho charges had
not been proven, and claimed that the attaching
showed the weakness Of the circumstances upon
which the prosecution rested. He also argued
OF .b .S truth ths 70 ts par.
mony OF Associate Justice Miller OF the United
states states supreme Court as TO the GOOD char.
was one OF the purest mon on tho SUI
preme bench-a man whose vigor Of In
telect every ono recognized, but he came
to give his testimony as to tue good character Of
the defendant, whom Others through the organ
lied asssssins OF chsrscter-the press-frowned
him down. In conclusion. Mr.. Blair again ar
eued th at his-clent should be dismissed, because
there was not the legal two-thirds vote OF the
Senate asserting jurisdictlon.
Mir. Merrimon dem, N. c. submitted two
questions which. he said, he would like to ar
discussed by counsel;
First-wasa Senator dissenting on the question of
uri,dcon not bound BY the majority Just as dissent
Ing Judge on the supreme Court bench was bound BY
,seeotd-Whst wa. meant BY the term conviction in
without disqualification to hold ofnce2
Mr.. Blair replied that a Senator voting In the
minority was not bound by the majority, and
quoted from Eth Peters. In support OF his argu-
nent. In regard to the second question he ex-
pressed the opinion that there could be convic-
ton without disqualification to hold once,
carefully.
After some discussion as TO whether a Mana
ger should go on with the argument on the sid Q
OF tue prosecution to-day In the absence OF Mr..
Carpenter, who was to reply, the senate sitting
as n court, &c. on motion Of Mr.. COnkling, took
recess for ten minutes. On bling It
WAS announced that Manager l. 'ph i'm, who mad
been assigned to open for the prosecution.
was too sick to go on to-day. Hls place was
taken by Mr.. Manager Lynde, who commented
Of the senate in iay or OF jurisdiction and argued
that In tue Impeachment Of Judge Barnard
various Senators who voted against jurisdiction
| voted IN favoS OF hts conviction. The question
OF Jurisdiction In this case had been decided 40
cording to law, and was binding upon all Sena-
| tors. He read from Story on the Constitu-
ton" and argued that the majority had the
right To admit evidence aud decide all other
| questions arising in the case. He next quoted
from Cushings Law pnd Practice OF Legisla-
tive Bodies to show that the will Of the msjo
ity was toe win OF the BODY, and no individual
member had the right to CON plain or set up his
| conscience as against the law.
MIR; Eaton dem, CooD) said the Constitution
q the United states provided that, 10 case of
impeachment. no person should be convicted
except by the vote Of two-thirds Of the Senators
present. Suppose there sixty Senators
present and but th rty-hye voted, would the Con
stitution OF the United states DO satisfied by
that voter
| Mr. Lynde said In his opinion the Senate
should not couutenance any senator present
| VINO did not make his presence known by hii
vote. In reply 10 question OF Mr.. CJnking, as
| to whether the Manager believed whether a SEN
ator, holding that the Senate had not jurisdc
ton. could vote gull y ON ths nnal vote, MT
Lynde said. II a Senator participated Ia the trial
he should vote on the guilt or innocence Of the
accused, and regard the question OF jurisdiction
AS settled. lie quoted from numerous legal au
| thOfitii 3 IN support Of his Views, and when he
concluded, at AS i. ~, the Senate sitting as
| Court Of Impeachment, adjourned until to-
morrow.