Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1876-04-29
The Impeachment of Belknap - The
Question of Jurisdiction The
Hearing 70 Proceed on the
Fourth Of May.
Consideration of the Amendments TO the
Legislative Appropriation Bill by
the House The Indian
Bureau.
SENATE.

charged that the managers were at.
tempting to manage the case en- both
sides. 1t was not the intention Of the
counsel to cause any unnecessary delay,
but they had prior engagements snd
had not yet had time to prepare them
selves Tor arguing the question Of juris.
dic.ion. He asked that the matter be
delayed for two week. from to dsy, and
they would then ask no further post
ponement; their CnIy object was to pre-
sent the question Of jurisdiction as its
In yortsnCe demanded.
Mr.. LCrd opposed the request OF the
counsel for pOstp0nement, and asked
the senate to hear testimony in regard
to Jurisdiction. He stated theF had Wit
nesses ready this morning, and asked
that they be heard,
After further argument Senator Conk-
ling submitted an order that the senate
proceed first to hear and determine the
question whether w. w. Belknap, the
respondent, is aDensble to trial by I'm.
peachment for acts done as secretary OF
war, notwithstanding his resignation of
said office. The motion that testimony
be heard touching the exact time of such
resignation, and touching the motive
and purpose Of such resignation, is re-
served without prejudice till the ques-
ton above stated has been considered.
Further discussion between the cOun-
sci followed, when Mr.. Carpenter said
they would contend that an officer of the
government had a right to resign at any
moment, and the motives which govern
the resignation cannot affect the matter.
Mr.. Lord said the evidence as to juris-
dictiOn was principally documentary,
and 1t would not take over an hour to
hear ii.
Senator Edhunds submitted motion
to strike out the last paragraph Of the
order submitted by Senator Conkling,
and insert the following in lieu thereof:
land that the managers and counsel in
such argument discuss the question
whether the issues of fact are ma
terisl,n
The senate then retired to consider
the order as submitted by Senator Conk.
ling and the amendment of Senator
Edmunds,
At forty minutes past four the sens-
tors returned to the chamber, and the
presiding officer (Mr. Ferry announced
thst several orders had been agreed
upon, which were raad by the clerk, as
follows:
Ordered that the senate proceed first
to hear and determine the question
whether w. w. Belknap is amenable
to trial by impeachment for acts done
as secretary of war, Notwithstanding bis
resignation of said Office, and that the
managers and counsel in such argu-
ments discuss the question whether the
issues of fact are material, and whether
the matters in support of the jurisdiction
alleged by the house OF representatives
in the pleadings subsequent to the arti-
cles OF impeachment can be those al
legged If the same are not averred in said
articles.
Second-Ordered, that the hearing
proceed on the fourth of May; that the
opening and close Of argument be given
to respondent; that three counsel and
three managers may be heard in such
order as may be agreed on between
themselves, and that such time be al
lowed for argument as the managers
aod counsel may desire.
After argument by Messrs. Hoar and
Carpenter, the senate, sitting as court
Of impeachment, adjourned until Mon
day.
Tne consideration of legislative bust.
ness was then resumed, but without
transacting any important business the
senate adjourned until Monday.
HOUSE.
The speaker laid bsfore the house the
decision of Chief-Justice Carter dis
charging from custody Hallet Kilbourp.
Referred.
Permission was given the managers
of the Belkn8p impeachment to exam
inc as witnesses on trial any Of the
members Of the COMMITTEES on eXpendi-
lures in the war department, or any Of
the members Of the house whose testi-
mony they may deem requisite.
Tne house then voted on the amend
ments to the legislative appropriation
bill, and all amendments on which a
separate vote was not asked were agreed
to in bulK. The first amendment on
which vote was taken was the one
offered by Mr.. Hurlbut III ] increasing
the compensation of Territorial judges
from two thousand five hundred dollars
to three thousand dollars. 1t was re-
jected by a vote of 80 yeas to 119 nays.
Mr.. Seelye made point Of order on
section four, which transferred the In
dian bureau from the interior depart
ment to the war department. He ar
gued that il contradicLed a rule adopted
on the seventeenth Of January, 1876:
" Nor shall any provision in any such
bill, or amendment thereto, changing
the existing law, be in order except
such ss being german to the subject
matter Of the bill, shall retTench expendi-
tures." This was a change Of the ex.
isting law, and while he did not raise
the pOintof order that it would be mani
fest extravaganza and an increase Of ex-
penditure, although he believed it would
be, he submitted it was not msnifesting
for the retrenchment Of expenditures
and not germain tOthe appropriation bill.
A long DISCUSSION followed, in which
the Republicans argued in favor Of the
point and the Democrats, except Mr..
Cox, against it. The speaker decided
against his own party friends, sustained
tie point OF order, and ruled out the
section.
The section transferring the Indian
bureau fIom the interior department 10
the war department was therefore stru X
out Of the bill, aud then the bill was
passed-yeas, 20S; nays, II.
Before toe speaker retired from the
hail, which he soon did, he was congrst-
ulated by several Republican members
for the cleaTness and imparIiality OF his
ruling.
Mr. Randall offered the following
amendment to Iule five, saying he did
so at the special request OF the speaker:
Provided, that in case Of personal illness
OF the speaker he may make such ap-
pointment (thst of speaker pro te7l.) for
a period not exceeding ten days, with
the approval Of the house at the time
the sa uie is made. The amendment was
agreed TO.
Mr.. Scsles, chairman Of the committee
Oh Indian affairs, reported bill appro-
pIiating fifty thousand dollars for the
subsistence OF the Apache Indians in
Arizona. After discussion the bill
passed.
The house then went into committee
of the whole, Mr.. Holman in the chair,
on the private calendar, and after pass
ipg a number OF bills Of a private char
sctsr adjourned.
The NJ, Il. and T. Railroad.
ST. LOUIS, April 2S.-A private tele-