The New York herald., 1876-07-21
THE IMPEACHMENT.
MP. BLAIR OPENS THE ARGUMENT FOR THE Ac-
CUsED-T TwO-THIRDs VOTE QUESTION

MP. BLAIR OPENS THE ARGUMENT FOR THE Ac-
cUsED THE Two-rHIRDs VOTE QUESTION
CONSIDERED.
WASHINGTON July 20, 1876.
The Senate resumed tho consideration OF the articles
Of impeachment against W. W. Beknap.
Mr. Manager Lord announced that Mr. Blair, OF
sci for the defence, would open the argument
Judge Black stated that Mr. Carpenter Of counsel for
the defence i'll to attend the to-day and
he hoped no manager would speak alter Mr. Blair but
| would walt until tomorrow, when it hoped Mr.
Carpenter would be present; and as that gentleman
had 10 reply TO the manager who would succeed Mr.
Blair II would iar 10 compel him to reply 10 an
argument which he had not heard He asked for an
order that the Senate, sitting court Of impeach-
mcnt, adjourn at the conclusion OF Mr.. Bair's re-
marks
| Mr. Anthony, OF Rhode Island. suggested that tho
question Of aijournng could be settled after Mr. Blair
concluded He moved to lay the order on the table
| Agreed TO.
Mr. Blair, in opening his argument appealed to the
Senate consider the with calmncss ana fair
ness The questions to DO considered Of law and
evidence and ought to be freed from the passions Of
the outside world and the political campaign gong
on He addressed himself to the question Of juris
diction and argued that the impeachment should be
dismissed on the ground that more than one third of
order of the Senate directing that the trial should go
on as on plea OF not guilty and SAID he thought IL
utterly unjust He thought the managers in advocat-
ing that order attempted TO cocrcc portion OF the
senate for the conviction of the accused alter
that portion had voted that the Senate had jursdc
ton IN this He could not account Tor the persist.
ency OF this prosecution unless the managers expected
thai those senators who voted against jurisdiction
would stuify themselves and vote for convection
Mr.. Robertson, OF South Carolina thought such lam
guagc toward Senator's was very harsh.
Mr. BLAIR explained and said he did not mean TO be
personal Senators He only spoke he action
OF the managers having the appearance that they
cxpcctcd Senators would stuty themselves by voting
Tor the convection Of the defendant lie then reviewed
the articles OF Impeachment scraiim and said they all
bv crcumlocut,on made the charge of bribery but the
evidence did sustain that charge Mr. Blair then
quoted length from the testimony in support Of his
argument that the charges had not been proven.
portancc to things Of trining nature
showed the weakness Of the circumstances upon which
the prosecution rested. He also argued that tho
managers had suppressed great part OF the truth
tue case. Aludng the testimony OF Associate jas
tcc Miller, of the United States supreme Court as TO
the good character oil the accused, Mr. Blair said he
was one OF the purcst men the Supreme Bencb--a
whose vigor Of intellect every one recognized but
he his testimony as TO the good character
The de cndaut when others through the organized
assassns OF charac,er-thc prcss-frowncd him down.
In concusiou Mr. Blair again argued that HIS client
should be- dismissed bccaus, there not the legal
twoihlris vote OF the Senate asserting jurisdiction
Mr Mcrrimon OF North Carolina submitted two
qncsons witch, he sad he would like to hear DIS
rrs,Ewas a senator dissenting on the question Of
Jurisdiction Tot hound by The majority Just as DIS
ssatlng judge the supreme Court bench was bound
by tic mnlortyf ana
Secopa-whai was meant by the term conviction In
the coustdution, whether there could 10 CONVICTION
without disqualification to hold oiliccy
Mr Blair replied tuat senator voting in the minor
ity Was not bound by the majority, and quoted from
l5,h Peters In support OF bis argument
In regard the second question he expressed the
opinion that there could be without disqua-
incaiion hold once. though he hai not examined
into the matter carefully.
Ancr somc discussion as TO whether manager
should 20 WIN the argument on the side OF tho
prosecution to-day IN the absence OF Mr. Carpenter
who was reply, the senate sitting court. &C.
motion OF Mr.. Conkins took recess for ten minutes.
The trial resumed and II was announced that
Manager Laphsm who had been assigned open Tor tho
prosecution WIS too SICK to go on today His place
was taken by Manager Iyndc, who commented Oh the
OF the vote less than thirds ol the Senate
In favor OF jurisdiction, aud argued that in the i'm.
pcaohncnt OF Judge Barnsrd various Senator'S who
voted against jurisdiction voted favor % his convc
lhc question Of jurisdiction IN This case had been
decided according 10 law, aud was binding upon all
senators lie read from STORY the Constitution
argued that the majority had the right TO admit
evidence and decide all other questions ng IN mo
case lie next quoted from ''Cushings Law and
Practice al Legislative Boies shoN that The will
OF the majority was the viii Of the body. and no IN.
dvidnal member had the right 10 complain or set up
hrs consccnce as against the law
Mr. Eaton OF Connectcnf. snd the constitution OF
the United States provided that in OF inpcsch-
ment no DC should he convicted except the
OF tiris OF the senators present. suppose there
sixty senators present and but thirtyhvc voted
would constitution Of the United States be satisfied
by that voter
Mr. Lynde said 10 his opinion the senate should not
counenancc any Senator present who did not mako his
presence known by his vote. In rep 10 question Of
Mr. CoukiDg to whether the manager believed
whether Senator. holding that the Senate bad
Iurisdiclon could vote guilty on the hnai vote Mr..
fy ndc said " senator participated In trial he
should the quit innocence OF the accused
and regard tho question OF Jurisdiction as settled Hc
froun utr CUa ahnP up{,o .fo