Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1923-01-25
CABINET MEMBERS
IMPEACHMENT
BY John T. BOIFEUILLET


institute proceedings against Attorney
| General Daugherty suggests to me to say that
! the only cabinet member, in the annals of
! this government, ever arraigned for impeach-
| ment was Secretary of War William Worth
Belknap, under President Grant, in 1876. He
was charged with the prostitution of his Of
flee by the sale of post-traderships.
few hours before the commencement of
his trial he resigned secretary of war and
President Grant accepted the resignation.
The senate has the sole power to try i'm
parchment of Federal civil officer, and it is
a Constitutional provision that no person
shall be convicted without the concurrence of
two-thirds of the sena :ors present anG voting.
More than one-third of the senators refused
to vote for the conviction of Belknap on the
ground of the senates lack of jurisdiction
over an officer who had resigned. The ques-
ton of actual guilt was never decided. So
far as |, layman, know, it is an ope'. ques-
ton whether an officer can escape impeach-
ment and trial before the senate by resigla-
ton or dismissal from office.
Belknap Charged With Bribery
On March 3, 1876, articles of Impeachment
against Belknap were exhibited at the bar
of the senate by committee of the house,
Representative Hester Clymer, of Pennsyl-
Vania, chairman
Belknap was charged with bribery: crimi-
nally disregarding his duty as secretary of
war, and 'basely prostituing his high office to
his lust for private GAIN" in that he had I'M
lawfully and corruptly received nearly TWEEN
ty-five thousand dollars from Caleb Marsh, of
New York City, as compensation, or reward,
in return Tor Belknaps appointment, in Octo-
Der, 1870, of john S, Evans as post-trader at
Fort Sill, Indian Territory.
The said sum of twenty-five thousand dol
lars was paid to Secretary Belknap III INSTALL
ments of fifteen hundred dollars at the end Of
every three months during the period eX-
tending from in November, 1870, to January
Is, 1876.
A Contract of Fraud
In consideration of Marsh's obtaining the
appointment-of Evaps the latter agreed to pay
the former twelve thousand dollars per an
mum, of which amount Marsh paid Secretary
Belknap six thouand dollars yearly, at the
above mentioned rate of fifteen hundred dol
lars quarterly.
Marsh and Evans entered into written and
signed agreement as to the payment by
Evans of twelve thousand dollars annually to
Marsh. There were several specifications and
provisions in the instrument. This contract
was made on basis of seven cavalry compan-
les of the United States army being kept
stationed at Fort Sill. This number of COM
panies were at Fo-t Sill when the agreement
was entered into by Marsh and Evans.
1t was provided in tie contract that should
the number of companies be increased or de-
creased at any time, the yearly amount of
twelve thousand dollars obligated to be paid
Marsh should, accordingly, be proportionate-
secretary of war it was regarded as probable
that the number would not be decreased, as
he was interested to the amount of six thou
sand dollars annually,
Array of Legal Talent
The senate convened a court Of I'M
parchment in the early part of April, 1875.
The house of representatives was represented
at the trial by board of seven managers,
of which Representative Scott Lord, of New
York was chairman. Representative j.
Proctor Knott, of Kentucky, was the only
southerner on this board.
Belknap was represented by the eminent
trio of attorneys, jeremiah S. Black, Mont
gomery Blair and Matt H. Carpenter. They
interposed plea for Belknap, on April II,
1876, that he was private citizen, and was
no longer a Federal civil officer and, there
fore, the senate sitting as court OF lmpeach-
ment could not constitutionally take cog
nizance of the matter This proposition was
vigorously supported and combat-L
Out of the pleadings sprang single issue:
Does resignation of his commission protect
Federal civil officer from impeachment for
bribery committed by linn while in office.
How the Senators Voted
The trial lasted from the middle of April,
1876, to August /, of that year, when the
vote was taken separately on each Of the
five articles of impeachment On each and
every article twenty-five senators voted
guilty. declaring that Belknap was amen
thirty-five senators voted to the contrary of
this opinion, on the second, third and fourth
articles, thirty-six senator's SO voted, and on
the fifth and last article there were thirty
seven senators thus voting.
A total of sixty-two senators voted: forty
viction. So Belknap ,Jas aquitted, for ''lack
of jurisdiction" in IT, face of his timely
resignation
Georgia was represented in the senate at
that time by John B. Gordon and Thomas N.
Norwood. Both voted guilty on every
article. Senator Norwood filed an able,
clear and logical written opinion. 1t covers
seven and half printed pages in the bound
volume of 1,166 pages, containing the pro-
ceedings of the senate in the Impeachment
trial.
Senator Norwood's Opinion
Senator Norwood closed his opinion as
follows:
''Let us not forget that impeachment is
intended to purify the state, to rid the gov
eminent of corruption in high places, and in
no sense to favor offenders, and that the
only mercy intended to be shown to the gull
ty has been provided for by the expressed
limitations l have name, above, to wit, that
two-thirds should convict, and that judg-
ment should not extend beyond removal and
disqualification Let us not forget that our
fathers labored to protect the people, for they
knew that those in power need no protection.
cat this late day shall their children de-
clare that their labor. wa3 in vain; that their
declaration of the power of Impeachment is
an idle threat; that they left the word unde-
fined and undefnable; that they equivo-
Gated with criminals by employing such
doubtful words as to invite them to seek
safety by resigning their commission; that
they left the people no protection against
criminals and misdemeanors except by the
enactment of penal code which would per-
petually tax the ingenuity of man to frame
| in order to meet the innumerable methods