The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-06-02
BELKNAP.
The Articles Of Impeachment Again
Before the Senate.
DEGISIOH ON THE JURISDICTION QUESTION.
Technical Questions Intersposed
by Defendants Counsel.
ANOTHER PLEA FOR DELAY.

wAsx1Sorox June l. ls7A
A one O'Clock to-day Legislative business was sus-
pended and the Senate tho consideration OF the
articles Of impeachment against William W. Boiknan
lato Secretary OF War.
Tho accused with Mr. Carpenter, Of bis counsel,
being present. well tie managers ON the part OF
the House Of Representatives proclamation was made
By tho Sergeant the usual form, and the
journal OF the session OF Monday last was read.
The President pro tem then announced the decision
or the Senate ON the question OF jurisdiction fol-
lows
DECISION or THE SENATE
1t is ordered by tho Senate sitting for the trial Of
the articles Of impeachment preferred BY the House OF
Representatives against W. W. Belknap late Secretary
OF War; that the demurrer OF said William W. Bcknap
tives 10 the plea TO the jurisdiction fled by said
Bclknap be and the Same hereby 10 ovcrruled
And !. being tho opinion o. the senate ina. SAID %
ment are sunlcont In law
IL therefore further ordered and adjudged that said
plea be and tho same hereby overrucd and held for
uaught
Mr.. wHYrE Of Maryland, submitted the following
Ordered, That W. w. Belknap is hereby ordered 70
plead further or answer articles OF impeachment within
ten days from this date.
ARGUMENT or Mr. CARPENTER.
Mr. CAEPExrxR, OF counsel for tho accused, said no
regarded tho order submitted by the Senator from
Maryland in the nature OF mandamua This court
gave counsel two days to prepare for tho argument Of
question which 1t had taken the three weeks to
decide Considering the nfallibity Of the Senate like
AL Judicial tribunals and that they must know all law
and that counsel only knew little, he had doubt
the court would give counsel little time for reflection
Tho order just read by tho President pro tenn, and
entered upon tho record as tho Judgment was 80
court OF law that he was at loss 70 know
what to do. One Of his associates lMr. Blair was
Black was nc cessariy on his back with rheumatism
md could get and he r Carpenter) desired to
have time TO consult them. He then commented on
tho order overriding the plea to Jurisdiction and
SAID II was good order for the Senate but not good
order for court and at tho proper time he would
claim that It not valid. not having been concurrcd
IN by tho constitutional majority OF two-thirds, and
therefore could not hurt the defence Mr.. Carpcn
ter then argued that the accused could demur
the articles Of impeachment although his plea to tho
jurisdiction had been ovcrrued and said II u vas him
feli who was on trial he would never open his mouth
70 plead again. but would stand upoa the law, without
any further pleadiugs aud let the honorable managers
move for Judgment. When they moved for Judgment
power Vested in the Senate to order the defence
10 do anything more. The defence had been sum-
moncd here md had plcSded They could stand on
pleas already fled OF course, there was court to
review the findings OF this court; It's jurisdiction was
n4a But the defence had right TO stop here and an
order Of the Senate ordering them to plead further
could not be valid and he protested against It being
made He desired to consult with his colleagues rs to
whether they would ask permission to plead any moro
or whether they would stop nj the point reached
Hc claimed mat the defence instead Of answering the
articles Of impeachment, had the right to dcmur to
them.
The second time he came In the Senate chamber 10
plead IN this he came with demurrer TO tho art
plead 10 Jurisdiction. A. the proper time he would
cali the attention OF the senate TO the fact that
facts as stated in those ARTICLES so stated in an in
dicment before court Of law would result In II being
qusshed The hrss question was rs TO whether the ar
Giles or Impeachment sufficient and tho TO
whether they wcro true. The mere rhetoric OF the
articles would not do.
The thing itself and every element which constituted
the high crime must be set out as fact Ho commended
that Vie articles OF impeachment would not stand tue
assumed that the senate would vacaie so much OF tho
order adopted Monday assumes that the articles
Of impeachment are sufficient In law He lMr Car.
pcner asserted lawyer his honest bolief that not
Of the articles would stand the test put upon them
by tho court OF law and he was entitled 70 DO heard
upon this question before the Senate said they
sufncicnt. II would be policy for tho defendant
10 lot the judgment come with the certainty no had
eyed Inc senate had NO to try the accused
must vote mot guilty. on tho Una! judgment
THE ONLY RISK
that some senator who thought there was no juris-
diction might change his mind but no (Carpenter)
EASILY changed He thought that any Senator judge
who believed no had not Jurisdiction In q
case, would hold to The opinion that ne bad no right
trial must 60 on, but 1t was for his clicnt
10 say whether no would stand upon hts legal rights
tiers OF fact set forth the articles OF impeachment
Counsel ought 70 hLvo reasonable time for solemn
reflection. They warsod It AMI asked for Il
ARGunESr MANAGER LORD
Manager LOAD aid the plea Of the defendant had been
overruIed and the articles OF impeachment were held
10 be sufficient Ho unprecedented that the Senate
making tho order understood all tho facts. The mana
gers did feel called upon to discuss tho order until
motion made 10 change IT, or question raised
by counsel for defence that two-thirds vote
necessary the question OF Jurisdiction and
that the Senators who voted against Jurisdiction
vnia M mi tvn IN IL
managers would at the proper time have something 10
say They would show that tho whole practice Of courts
Ofimpeachment had been In contradiction OF that
ment Tho defendant had not put hts answer to the
artcles and all the managers could do was 70 move 10
posed another da,ory plea Hero stood TINS defendant
sccused Of high crimes, and by dilatory poa had &C.
cuped all the time Of the Court Now when the Court
peachmcnt were sufficient, learned counsel wanted tho
Court TO so back and vncatc part OF It's order. Il
mcnt Of the managers for the Court open the pro-
cecdnRs again instead Of compelling tho defendant to
60 70 trial.
Mr.. Manager hcMAHAN argued that the counsel for
the defence bad invited the ruling OF tho Senate IN the
very shape Il given and read from the argument Of
Mr. Carpenter the question Of jurisdiction to show
that he then that tho Senate mako such
ruling IN the case II took jurisdiction
M. TnuRnAs said he would ike TO know what tho
rule Of me Senate Was snn y !, rssaTa 20 ne
the and managers upon every order submitted
BY Senator. In his Judgment u was all wrong
The CHAIR replied that the discussion had been al
lowed under the rule allowing hour 10 each Aide.
REPLY or Mr. CARPENTER
Mr.. CARPENTER said tho Honorable Managers had
argued that this court not bound by rules OF
practice He Carpentcr thought every rule IN force in
criminal court had boon derived IRON cxperience and
was binding here much as in any court He claimed
that In his former argument no had never
alluded to the suficency Of the articles OF impcach
ncnL denied tina; the articles could be declared
vunlccnt by tho Senate in determining tho question
Sfjurisdicton. He knew bow the senate was pressed
~ legislative business and short time ago he sought
10 relieve that pressure by moving 10 have the trial
continue until September next but the senate unani-
mously reused TO grant tho motion. The Senate had
mid the trial 90 on, but they were all honorable
men, and certainly they meant 70 give the counsel
chance TO discuss all questions freely . He
asked that the counsel be allowed until Mon
day next 10 determine what they would do
They could by that time determine whether they
would ask 70 have the order vacated because had not
been passed by tho constitutional twothrds vote or
whether they would dcmur to the articles Of impeach-
ment A one Of his colleagues out OF town aud
other sick n ned ho fhouvht ho rc0uest