Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1876-04-21

sergeant alarms to make a carefr
: return to the urit of haGeas corpus
l. that the prisoner is duly held by au
thority of the House of Represents
= tives on proceedings against him fo
& contempt and to take with him tn
$ body of Kilbourn before the cou1
j. when making such return. He pre-
g ceed, to argue in support of the sub
S stitute. The discussioa continue,
until O'Clock, when Hand gave no
tice that he would call the previou
, question at 3 O'Clock on Monday. Ad
journed
1t is understood that all the partie
:, indicted except Babcock aid Harring
| | ton will be used as witnesses in til
safe burglary trial. Harringtons where
abouts is still unknown.
,, In the matter of the dismissal O
,, William on from office and discon
tinuance of proceeding against Judge
Wright for forgery, Geo. Dyer, assist,
ant district attorney for New York
testified that a criminal case was pend
lug in New York against Wright
which he considered strong, and which
should be prosecuted He had in
tended to try the case in March last
but having depended i'll a great meas
ure on the evidence to be furnished
10y WilIiamsoD, his dismissal had pre-
vented the trial.
Judge Fisher summoned Lawrence
of Ono and Hnar of Massachusetts,
who made strong speeches III favor of
the majority resolution in til } habe0s
corpus case. 1t is not treated as a
party question.
WAsHINGToN, April 17.-SENATE =
This body transacted legislative bust
ness until 1890, when it organized into
a high court of Impeachment for the
trial of Belknap.
The committee on privileges and
elections introduced resolution pay
ing Pinchback regular salary from the
commenc ,ment OF the time for which
he was elected to the time of his re
lection. Calendar.
After further -unimportant business
the impe tchment court resumed it's
session and the usual proclamation
was made. Carpenter, Black and
Blair attended Belknap as counsel.
! The minutes of the former session
were read and after other prelimina-
ries the sergeant ut arms made procla-
nation as follows: "Wm. w. Belknapl
VIM. ". Beiknapl VIM. w. Belknapi
Appear and ausw er tha articles of im-
parchment exhibited against you by
the House of Representatives. of the
United States"
Mr.. Carpenter arose and said: Mr..
President: VIM. W. Belknap, private
citizen Of the United States of the
State of Iowa, IN obedience to the
summons of the Senate sitting as a
court of impeachment to try the
articles presented against him by the
House of Representatives of the
United States, appears at the bar OF
the Senate sitting as a court of inn
peachment and interposes the follow
ing plea, which L will ask the sec, etary
to r. ad and ask that 1t be fled The
SECRETARY then read as liows:
ia the Senate OF the United States |
sitting court of impeachment the
United States of Amerlci VS.. William /!
peachment by the House of Represent |
Of high crimes aud misdeLle Inors. /
AID the said VIM. w. Balknap named .
in the said artic IS of impeachment |
comes !Ierc D' fore the honorable, the /
Senate of the United States sitting as
court of impeachment IN his own
proper person, and says hat this
honor tble court ought not to have or
take further cogniZance of the said
articles. of impeachment exhibited aud
presented against nim by the House
of Representatives of the United States
because be says that before and at the
time when the said House of Repre-
ordered aid directed that
he, the said Belknap, should be
impeached at the bar of the Senate,
and at the time when the said articles
of Impeachment were exhibited and
presented against him, the said Bel
KNAPP, by the said House OF Represent
atives he, the said Beiknap, was not,
nor hath he since been, nor is he now
All Officer OF the United States. but at
the said time was ever since, hath
been and now Is a private citizen of
the United States, and of the State of
Iowa, and this lie, the said Belknap, is
ready to verify. Wherefore, he prays
Judgment whether this court can or
will take further cognizance of the
said articles of impeachment.
[Slgnedl VIM. W. ,Belknap."
The managers were granted until
Wednesday to consider what replica
tion they should make to the plea.
The court then adjourned to O'Clock
Wednesday.
case was resumed, but tho proceed
i1gs were very soon interrupted by
the members of the House proce ading
to the Senate chamber In q body to
make formal impeachment of General
Belknap, Upon their return the ha-
beas corpus case was resumed.
McCravy of Iowa argued that II the
court exceeded its authority the House
he'd the remedy IL its own hands aud
could present articles of impeachment
against the Judge, but If the House
trampled on the rights of the court
aud of citizens there was no power
anywhere to call the House to ac-
count.
Tucker of Virginia proposed an
amendment TO the resolution reported
by the majority of the judiciary com
mittee, directing the sergeant-at arms
to appear by counsel before the cou,t,
and to make q motion to Quash or dis
miss the suit or to take such Othe.
proceeding as he should be advised, to
raise the question of legal y and. pro
prioty of the issue of the suit on the
facts stated in the petition and com
plant as preliminary to any return to
the same, and that in the meantime he
retain the custody of kilbourn's bo iy
and not produce it without further or
der of the House. He declared him
self satisfied with the legality of the
question asked of Kilbourn by the
C mmittee and of the action taken by
the House on the subject, and he was
satisfied that any court which respect
ed law and precedent would remand
the custody of Kilbourn to the House,
and he was so we'll satisfied that the
,,,.,ioan and E,uplish precpdputs SJS- |
tanned that position that if any judgr
should decide otherwise he would
brig himself very nearly within the
alternative or dilemma of either know
ing nothing about law or of completely
defying it.
Garfield of Ohio suggested that in
the Irwin habeas corpus case last sese
sion, where the same course was re-
sorted to as the gentleman from Vir-
ginia now suggested, a motion to
quash the writ, The judge would not