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MICROFILMED
>'W«^ *^* M -^N^iVlM^H
/ * . -•
- / *
IN THE
CASES
OF THE
IMPEACHMENT
OF
CHAKLES EOBINSON, Governor; JOHN W. ROB-
INSON, Secretary of State; GEORGE S.
HILLYER, Auditor of State,
OF KANSAS.
JPTTBIiTSlKC'Fm IBTST A - X7 ' r Jr lO RlT X .
-i
LAWRENCE:
XAXBAS BTATB JOtTKNAL STBAM nOSB.
1862.
IBS HSA voaK
393559B
PROOEEDINQS
IN TBK
HOUSE OF REPRESENTATIVES.
In the House of Representatives on January 30tli, 1862, Mr.
Anderson offered tlie following resolution :
" Whereas, It appears from the reports of the Auditor and
Treasnrer of State, that a certain amount of the bonds of the State
have been disposed of; and whereas, said reports do not fully set
forth a detailed statement of the facts in relation thereto ; therefore
"Resolvedy That a special committee of five be appointed by the
Chair to examine and investigate the accounts of the Auditor and
Treasurer of State, and to ascertain all the facts connected with the
sale of the bonds of the State of Kansas, the disposition of the
proceeds thereof, what amount of scrip there has been issued, what
amount redeemed, and what amount has been bonded, what amount
of bonds are remaining on hand and unsold, and whether or not
State officers have been speculating in the indebtedness of the State
of Ki^nsas, with full power and authority to send for persons and
papers, with instructions to report at an early day."
Mr. Thoman offered the following amendment which was
accepted : '^ By what authority the Treaauser of this State, receives
$12,400 for 831,000 of War Bonds, when the law authorized only
the issue of $20,000 of bonds for war purposes."
Besolution as amended was adopted.
On the next day the Speaker appointed, as the above committee ,
Messrs. Anderson, Carney, Clark, 8th District; Hartley and Jones,
14th District
PROCEEDINOS IN THE
On the 13tli of February Mr. Anderson, from said committee,
made the following report :
BEPORT OF THE SPECIAL COMMITTEE
APPOINTED BY THE HOUSE OF REPRESENTATIVES TO INVESTIGATE
THE ACCOUNTS OF THE AUDITOR AND TREASURER OF STATE.
THE SALE OF BONDS OF THE STATE OF KANSAS. &o., kd
JANUARY 30. 1808.
The Special Committee to whom was entrusted the duty of inves-
tigating the sale of Kansas State Bonds, and the Accounts of
the State Auditor and Treasurer, heg leave to submit the following
report:
On Thursday, the 30th day of January, 1862, the House of
Bepresentatives adopted the following Preamble and Besolutien,
from which your Committee derive their authority, to wit :
^'Whereas, It appears from the reports of the Auditor and
Treasurer of State, that a certain amount of the Bonds of the State
have been disposed of; and, whereas, said reports do not fully set
forth a detailed statement of the facts in relation thereto ; therefore,
^^Resolvedy That a Special Committee of five be appointed by the
Chair to examine and investigate the accounts of the Auditor and
Treasurer of State, and to ascertain all the facts connected with the
sale of Bonds of the State of Kansas, the disposition of the proceeds
thereof, what amount of scrip there has been issued, what amount
redeemed, and what amount has been bonded, what amount of bonds
are remaining on hand and unsold, and whether or not State officers
have been speculating in the indebtedness of the State of Kansas,
with full power and authority to send for persons and papers, with
instructions to report at an early day/'
Before proceeding to call testimony touching the subject matter
of investigation, it was deemed best to make a careful examination
of the different Statutes of the State in relation thereto. They find
that an act was passed by the last Legislature and approved May
8d, 1861, authorizing certain persons, to wit: Austin M. Clark and
James C. Stone, to negotiate the sale of one hundred and fifty
thousand dollars of the Bonds of the State, and report to the Legis-
lature, within seventy days, their acts in the premises. By reference
IMPEAOHMENT OASES. 5
to the Journals of the last Session, and on page 882, it will be seen
that they did report that any attempt at that time to negotiate the
sale of Kansas Bonds, would be utterly useless and unavailing.
After reoeiying the report of said Commissioners, an act was passed
the Legislature, and approyed June 7th, 1861, supplementary to
the first named act, authorising the sale of one hundred thousand
dollars of the Bonds of the State, for not less than seyenty cents on
the dollar. This act giyes authority to the Governor, Secretary of
State, and Auditor, to negotiate the sale of these Bonds, a majority
of whom can act. This law provides that the Treasurer shall pre-
pare Bonds to the amount of one hundred thousand dollars, with
coupons attached, bearing interest at the rate of seven per cent, per
annum, and to be made payable in fifteen years. The interest to be
paid semi-annually.
Another act was passed by said Legislature, which was approved
June 7th, 1861, providing for the issuance of twenty thousand dollars
of the Bonds of the State, bearing ten per cent, interest, afid made
payable in two years.
These are the only acts that your Committee have been able to
find bearing upon the matter of the sale of Kansas State Bonds.
With regard to Bonds issued by the State during the year 1861 ,
under the acts referred to, your Committee would state that the total
issue of Bonds of every description amounted to $189,400. Of
these, $40,000 were ten per cent. Bonds, issued under the act of
Hay 7th, and known as War Bonds. Thirty-one thousand dollars
of these ten per cent. Bonds have been sold by the Treasurer to B.
8. Stevens, for forty cents on the dollar; the balance are in the
Treasurer's hands. It appears, on evidence before us, that a large
portion of these Bonds ($26,000) were sold by Mr. Stevens to the
Interior Department at Washington for ninety-five cents on the
•dollar. Of the seven per cent. Bonds, $62,200 were used in taking
up State scrip, and $87,200 were delivered to R. S. Stevens, for
which sixty cents on the dollar was to be accounted for by him to the
State. It appears, from evidence before us, that these Bonds were
sold to the Interior Department at Washington for eighty-five cents
on the dollar. The evidence before your Committee regarding the
sale of Bonds is quite lengthy, and will be placed before your body
in printed form.
The conclusion arrived at by your Committee are such as to
warrant them in the belief that this House will take decisive meas-
ures, and deeming a fair and full examination of all the evidence
6 PROCEEDINGS IN THE
proper in the premises, would commend it to the attention of the
House.
Of the $40,000 issued under the act of May 7th, your Committee
are clearly of the opinion that $20,000 are illegal, and the House
should take some action regarding them.
Your Committee also are clearly of the opinion that the Treasurer
had no authority to sell any of the ten per cent. Bonds at less than
par, and is liahle to the State for the face of all ten per cent. Bonds
sold, and of which $12,400 haye heen paid into the Treasury, leaving
a deficiency on Bonds sold, to be accounted for, of $18,600.
Of the seven per cent. Bonds sold, your Committee would call
attention to the fact that they are sold by Mr. Stevens as State
Agent, he deriving his authority from the State officers authorised
by law to sell these Bonds. It appears, on evidence, that he was
authorized by them to have all he could realize over sixty cents on
the dollar. Your Committee are of the opinion that the State
officers are not authorized by law to make any such agreement, and
believe Mr. Stevens liable to the State for all Bonds sold by him,
for the full amount far which he negotiated the Bondsy viz : eighty*
five cents on the dollar. An unlawful act cannot be rendered lawful
by any sanction given it by State officers, in the opinion of your
Committee. We would further state that, from the evidence before
us, it appears that the $87,200 of seven per cent. Bonds were not
negotiated with the Interior Department until after the semi-annual
interest had matured, the Bonds having been issued on July 1st,
1861, and negotiated on or about January 1st, 1862. This interest,
amounting to $3,052, it appears upon evidence, has been paid to K.
S. Stevens, and thus the State has realized on Bonds sold but fifty-
six and a half cents on the dollar. Your Committee are of the
opinion that this interest properly belongs to the State.
We would further state, that of the $87,200 of Bonds placed in
the hands of R« S. Stevens, it appears upon evidence that he has
accounted to the State for $56,200, at bixty cents on the dollar, by
the payment into the treasury of 833,720 — the balance of the Bonds
($31,000) being negotiated with but not paid for by the Interior
Department at Washington. Your Committee would recommend
that an act be at once created, appointing an Agent to go to Wash-
ington to take charge of this property, with full power to transact
all further business necessary in the matter on behalf of the State.
Your Committee call special attention to the extracts from letters,
and the receipts, copies of contract, and appointment, accompanying
the evidence.
IMPEACHMENT 0A8ES. 7
In reference to the State Treasurer, the Committee ask time to
take further testimony, Trtiioh, in their opinion, is necessary to a
proper disposal of the case.
From the evidence which your Committee submit with this report,
they are of the opinion that there has been a collusion of Charles
Bobins on, George S. Hillyer and John W. Bobinson, with B. S.
Stevens, to defraud the State of Kansas of a large sum of money.
Your Committee therefore unanimously report the following
resolution, and recommend ite adoption, as a measure demanded by
public justice and a proper regard for the rights of the people of
Kansas.
Resolvedy That Charles Bobinson, Governor, John W. Bobinson,
Secretary of State, and George S. Hillver, Auditor of the State of
Kansas, be and they are hereby impeached of high misdemeanors in
office.
MABTIN ANDEBSON, Chairman.
H. L. JONES,
B. W. HABTLEY,
THOMAS CABNEY,
SIDNEY CLABKE.
State op Kansas, Executive Office, )
Topeka, January 29, 1862. j
To the House of RepretenUUives :
Gentlemen: I have the honor herewith to transmit the report
of the Auditor of State, and his answer to House resolution relating
to the sale of State Bonds.
Very respectfuMy,
C. BOBINSON.
Auditor's Office, )
Topeka, January 27, 1862. j
Gov. C. Bobinson:
SiE : In reply to the'resolutions adopted by the House of Bepre-
sentatives the 20th inst!, calling upon you for information as to the
sale of one hundred and fifty thousand dollars of State bonds of the
State of Kansas, authorized to bo issued by act of May 3d, 1861,
and an act supplementary thereto, approved June 3d, 1861, I have
the honor to state as follows. Sixty-two thousand two hundred
dollars of the bonds were issued to various persons in taking up and
redeeming State scrip held by them, leaving a balance of bonds
'9 PBOOSSDINQB IN THE
unsold of $87,800. Under an act approved May 8d, 1861, Meesn.
Clark and Stone were authorized to negotiate said bonds, and after
much effort were unable to do so, not succeeding in getting an
offer.
The Goremor, Secretary of State, and Auditor were then consti-
tuted a board, with authority to dispose of the same.
This board used erery effort to effect a sale, but could find no
purchaser.
Parties who had funded their State scrip, owing to the depressed
state of the finances of the country, in order to raise money were
compelled to sell, and were offering and selling their bonds at prices
ayeraging about forty cents on the dollar ; thus establishing prices
beyond which the State could not easily realize for the bonds
undisposed of. The importance of the selling of the residue of the
State Donds must be apparent to every mind, in view of the sinking
credit of the State.
The Secretary of State and myself went East last fall, and sought
in vain to find purchasers in any financial community. We then
proposed to R. S. Stevens, Esq., to undertake their sale as an agent.
'This he at last consented to do, provided he could receive all he
could obtain over sixty cents on the dollar. To this we agreed, and
entered into a contract accordingly. After great effort and much
delay, Mr. Stevens succeeded in making a sale of $87,200 of bonds
—$50,000 of the denomination of $500 each; $37,200 of the
denomination of $100 each. He has paid into the State treasunr
$80,000 in cash; the balance, something over $20,000, is on deposit
in New York, and will be paid into the State treasury as called for.
Respectfully yours,
GEO. S. HILLTBR,
John W. Robinson, Secretary of State.
Auditor of State.
Gkorge S. HiUyer being sworn and examined, says :
Q. What office do you hold in the State of Kansas ?
A. State Auditor.
Q. What is the total amount of warrants drawn by you on the
Treasurer, durine the year A. D. 1861 ?
A. Sixty-six thousand dollars — ^perhaps a little over.
Q. What is the total amount of bonds issued by the State of
Kansas, during the year A. D. 1861 ?
A. One hundred and eighty-nine thousand four hundred dollan.
Q. What amount of bonds were issued under the act of the legis-
lature authorising the negotiation of one hundred and fifty thousand
dollars of bonds to defray current expenses of the State, approved
JMav 1st, 1861 1
A. Fifty thousand dollars.
IMPEACHMENT GASES. 9
Q. Wkat amount of bonds were issued under an act supplemental
to said act, and approved June 5th, 1861 ?
A. Nmety>nine thousand four hundred dollars.
Q. What amount of bonds were issued under the act authori-
siDg the State to borrow twenty thousand dollars to repel invasion,
Ac., approved May 7th, 1861 ?
A. Forty thousand dollars.
Q. What amount of State bonds, of every description, were nego-
tiated by the State during the year 1861 ?
A. One hundred and eighty thousand four hundred dollars.
Q. What amount of bonds issued under the act of May 3d, 1861,
were negotiated ?
A. Fifty thousand dollars. ,
Q. What amount of the bonds, issued under the supplemental act
of June 5th, 1861, were negotiated ?
A. Ninety-nine thousand four hundred dollars.
Q. What amount of the war bonds were negotiated ?
A. Thirty-one thousand dollars, v
Q. By whom were bonds issued under the act of May 3d, 1861,
negotiated where, and with whom ?
A. By myself and Secretary of State at Washington, to R. S.
Stevens.
Q. By whom were the bonds issued under the supplemental act,
approved June 5th, negotiated where, and to whom ?
A. Sixty-two thousand two hundred were sold in taking up
outstanding warrants. Thirty-seven thousand two hundred dollars
were sold by myself and the Secretary of State, at Washington, to
B. S. Stevens.
Q. By whom were the bonds issued under the act authorizing the
8tat« to borrow twenty thousand dollars to repel invasion, and
approved May 7th, 1861, sold where, and to whom?
A. Sold by the Treasurer, can't state when, to R. S. Stevens.
Q. For what amount on the dollar were the bonds issued under
the act of May 3d, negotiated ?
A. Sixty cents on the dollar.
Q. For what amount on the dollar were the bonds issued under
the supplemental act of June 5th, negotiated ?
A. Same price.
Q. For what amount on the dollar was the bonds issued under the
act authorising the State to borrow twenty thousand dollars, &c.,
negotiated ?
A. Forty cents on the dollar.
Q. What amount of serip has been redeemed by State bonds ?
A. Forty-three thousand five hundred and forty dollars.
Q. Was an appropriation of one thousand dollars for stationery
made by the legislature, bonded ?
A. It was. The bonds were issued to the Secretary of State.
Q. At what time were the bonds issued ?
A. Some time in September or the first of October. They were
issued by the Treasurer in my absence. They were bonds which I
10 PBOCEEDINQS IN THE
liad previously countersigned. I had not issued warrants at the
time the bonds were issued.
Q. Were there any vouchers filed in your office at the time the
bonds were issued?
A. There were none. They were issued upon the word of the
Secretary that he needed the money to meet expenditures for sta-
tionery, &c. I have never seen the bills of the expenditure.
The Secretary has stated that be had the bills, with one exception,
which bill he would send ip Chicago and procure.
Q. Has the Secretary ever filed any original bills of any descrip-
tion in your office ?
A. I think he has not.
Q. Does the Secretary draw an appropriation for expenses on his
own statement of bill of expenses ?
A. He does.
Q. Has he always drawn the full amount of every appropriation ?
A. He has.
R. S. Stevens was appointed agent to sell Kansas State bonds by
the Grovernor, Secretary of State, and myself. He received the
appointment in October.
Q. When you made the arrangement with Stevens, did you expect
to go to Washington ?
A. I think the Secretary and G-ovemor did not intend to go ; I
did.
Q. At whose solicitation was Stevens appointed agent ?
A. It was upon consultation of myself, Secretary and Governor.
Before receiving his appointment, Mr. Stevens proposed to buy the
bonds. He proposed to buy fifty thousand dollars at forty cents —
those issued under act of May 3d — and twenty or twenty-five thousand
of those under the supplemental act, at seventy cents. When Mr.
Stevens was appointed agent, it was the understanding that I should
eo on to Washington with him. I had understood there was an
Indian trust fund at Washington that was to be invented in State
bonds. I took with me, when I went to Washington, besides the
State bonds, fourteen for myself, ten for Mr. Weir, two for Mr.
Button, and, I think, four for Mr. Griffith. These bonds were each
one hundred dollars. The Secretary left here for Chicago the day
before I left for Washington. He arrived in Washington from
Chicago some four or five days after I did.
Q. Bid yourself and the Secretary make any attempt to negotiate
these bonds ?
A. We did not — any direct attempt. Mr. Stevens arrived in
Washington about the 20th of November. We made an arrangement
with Stevens on or about the 3d of Becember. The agreement was
that he should take the bonds, and, when sold, account to the State
for sixty cents on the dollar. The bonds were delivered to him as
he sold them ; he gave no security for them.
Q. Bid you know, when you made the agreement with Mr.
Stevens, what he was going to do with the bonds ?
A. I supposed he was going to negotiate them with the Interior
Bepartment. There was no agreement that if the bonds should be
IMPEACHMENT CASES. 11
iold for more than sixty cents the State should receive amount over
sixty cents.
Q. For what amount of these bonds did Mr. Stevens account to
the State ?
A. Eighty-seven thousand two hundred dollars.
Q. Do you know the price at which these bonds were sold to the
Department t
A. I do not. Mr. Stevens was to receive as his compensation all
over sixty cents on the dollar. The reason we sold these bonds to
Mr. Stevens was, we considered it the last and only chance to eflfect
a sale. Mr. Stevens had a large amount of bonds of his own he
wished to negotiate, and had been looking to this Indian fund for a
long time. 1 therefore supposed he would oppose the negotiation
of the State bonds through any other hands than his own. Mr.
Stevens seemed to have this whole matter in his own hands and under
his control, so that the negotiation could not be effected through.
any other person. The Governor gave to the Secretary verbal
authority to sign his name to any paper that might be necessary in
effecting the negotiation. We made this sale of bonds to Mr.
Stevens with the advice of Senator Pomeroy, who stated that it was
the best that could be done — that if we did not sell them now we
never would. I advised with Senator Pomeroy at every step of the
proceedings. Mr. Pomeroy seemed very anxious the sale should be
made. Mr. Pomeroy never offered to assist us in the negotiation of
these bonds, except through Mr. Stevens. It was Mr. Stevens'
proposition to take the bonds at sixty cents. He would give na
more. We could do no better. The cost to the State for the nego-
tiation of these bonds, besides the per cent, made by Stevens, was
about three hundred and fifty dollars — expenses of Secretary and
myself to and from Washington.
GEORGE S. HILLYER.
George S. Hillyer recalled:
I delivered to Mr. Stevens fourteen hundred dollars in bonds ol
my own, which he sold, and returned to me sixty cents on the
dollar. I had no personal interest in the sale, other than derived
fr^m the sale of nfr own bojids.
Q. Do you know whether Mr. Stevens had any partner in the
sale?
A. I do not. He intimated to me that he had to interest other
parties, I do not know who.
Q. Do you know of any person who shared any of the profits of
the sale, excepting Mr. Stevens ?
A. I do not. I took with me, of private bonds, fourtoen hundred
dollars for myself, one thousand dollars for Mr. Weir, and two
hundred dollars for Mr. Dutton. I returned to Mr. Weir sixty
cents on the dollar, the same that 3Ir. Stevens returned to me.
Mr. Stevens settled with Mr. Dutton hinj^elf, I suppose. Mr. Lane
objected to the payment of the money into Stevens' hands. An
arrangement was finally made for the payment of the money into
the hands of S. C. Pomeroy. I think an order for such payment
12 PE00SBDING8 IN THB
of the money was signed by Pomeroy, Lane and Conway. The
order or letter was directed to Caleb B. Smith, recommending the
money to be paid to Pomeroy, and sent to Kansas as Pomeroy and
Conway should direct.
(JEORGB S. HILLYER.
Correction, by Mr. Hillyer, of the evidence given before the
<]lommittee.
I am mistaken in my statement that Mr. Stevens returned to me
l>ut sixty cents on private bonds, which I put into the sale. I
received seventy cents on the dollar, and am indebted to Mr. Wier
for ten cents on the dollar for one thousand dollars.
GEORGE S. HILLYER.
John W. Robinson being duly sworn, says :
Q. Did you ever act in your official capacity aa Secretary of State
in conjunction with any other persons in negotiating any of the
.State bonds of Kansas?
A. I did.
Q. With whom?
A. The Auditor and Governor of State.
Q. Where and with whom did you negotiate said bonds ?
A. At Washington with R. S. Stevens.
Q. What amount of bonds wery negotiated by the Governor, Mr.
Hillyer, and yourself?
A. Fifty thousand dollars of the act May 1st, 1861, and thirty-
. aeven thousand dollars of the supplemental.
Q. At what price were said bonds negotiated ?
A. Sixty cents.
Q. When was said negotiation effected ?
A. About the last of December, 1861.
Q. Did you ever enter into any agreement or contract with any
third party to sell any of the State bonds ?
A. Yes.
Q. Will you state the nature of said i^eement or contract?
A. Mr. Stevens was made the a^ent of the State and was to have
all he could realise at the sum of sixty cents on the dollar.
It was a written contract, signed by Mr. Hillyer and myself, and
I think the Governor's name was attached, but am not certain. He
stated to Mr. Hillyer and myself that, if sixty cents could be realised,
lie would 8HS^® ^ 1^7 ftrrangement to make such sale. The board
of State officers, some time in the summer, agreed to receive forty
cents, supposing they had an offer fo)m some parties in New YorK
to that amount, but they afterwards refused to take any.
IMPEAOHMENT CASES. 1$
Q« Did you make any direct attempt to negotiate the bonds withi
the Department?
A. We did not. When I arrived in Wahsington, Gen. Pomeroy
informed me that Mr. Dole would not take the State bonds, advised
me not to attempt the sale.
Q. Had the board authorised any one to sell these bonds before
you went to Washington ?
A. I think they had ; the understanding was that Hillyer was to*
go to Washington with Stevens. I think there was no written:
arrangement till we got to Washington. Stevens was appointed at
his own suggestion. Senator Pomeroy advised us to contract with
Stevens; he assisted Stevens in the negotiation of the bonds.
The President at first objected to the negotiation, afterwards
consented. Mr. Stevens sold some bonds for me; he returned me
seventy cents on the dollar for about one thousand dollars. The
bonds were for back salary* and money due me from the State. There
was no difference in the bonds upon which Mr. Stevens returned me-
fleventy cents and those upon which he returned sixty cents. Mr.
Stevens appeared better acquainted with the different departments
at Washington than any one else who could aid us in the sale. I
think Stevens could operate through the parties necessary to the^
Deeotiation, better than ourselveSj aided by Senator Pomeroy, Conway
and Lane. The parties to be o}^erated through were the Indian
Commissioner, Secretary of the Interior and President.
I think if we had not sold the bonds to Mr. Stevens they would
not have been sold. Mr. Stevens took the bonds, negotiated them,
brought the money to Kansas, and paid it into the Treasury. I have^
never had any of the money paid into my hands.
Q. Do you know what Mr. Stevens received for these bonds ?
A. I do not know what Mr. Stevens received for these bonds.
Q. Had these bonds been bearing interest any length of time ?
A. These bonds had been on interest six months. The States
received sixty cents on the face. I think they were all dated July
Ist, 1861.
JOHN W. ROBINSON.
D. H. Weir being duly sworn and examined, says :
I have been elerk in the Secretary, of State's office since the
organisation of the State government, to within two days.
I understood, some time in September last, that an arrangement
could be made in Washington, through a third party, to self bonds
to the Indian Department. I received this information from the
Secretary. He borrowed what bonds he could ; drew what scrip he
could get ; got it bonded ; and sent the amount — about four thousand
dollars-— on to Washington. They were sent, I think, about the 1st.
14 PROCEEDINQS IN THE
of October. Some time in October, a letter was received by the
Secretary (so be stated to me) tbat a large amount could be sold, and
tbat it was necessary tbat tbey sbould all be tbere by tbe first of
November, 1861.
Tbe understanding was, between tbe Auditor and Secretary, before
tbe Secretary left, tbat be sbould tele^apb from Quincy tbat the
bonds sbould be in Wasbington by tbe 2d of November. Tbe
Secretary's bonds were sent to Mr. Fomeroy. Mr. Pomeroy wrote
tbe letter giving tbe information tbat the bonds could be sold, so
the Secretary informed me.
I understood, from the Secretary, that the bonds would not be
sold for less than seventy cents on the dollar, and perhaps a larger
price would be realized. From a memorandum, in the Secretary's
desk, on which was computed the amount of bonds at eighty-two
cents, and bonds at sixty cents, I inferred that eighty-two cento was
the price received. The Auditor was so confident the bonds could
be sold, that be advised me not to bond my scrip, as there would be
money to redeem it. I knew, from the letters which I received
from him, that Secretary Robinson was one of the parties who
Reirotiated the bonds with the Interior Department.
D. H. WEIR.
Copies of letters from J. W. Robinson to D. H. Weir.
Washington, Dec. 8th, 1861.
Friend Weir —
Strange to say, I am still in this city, and when I <im to leave
the Lord only knows.
We are at work as hard as is possible, for the interests of the
■State ; and if we succeed we shall put Kansas upon good footing ;
if not, Heaven knows what will become of her — I do not I We
want nothing said there about bonds at all — not a word. I was
indiscreet enough to mention Pomeroy's name to one or two whom
I supposed I could trust, telling them not to let him know that I
had said a word, and forthwith half a dozen start up and send him
bonds as a private agent. He cannot but know the information
comes from me, when he has sworn to keep his name entirely away
from the name of bonds.
The bonds you sent are in Stevens' hand, I think ; at any rate,
Pomeroy has sent them to some Kansas man, and I believe it is
him. ^
We have been steadilv at work ever since we came, and have
accomplished a good deal ; but we have one very important obstacle to
overcome yet, and it depends entirely upon this whether we succeed.
I am not very sanguine myself, and yet it is life or death with
Kansas. If bonds are not now sold, they never will be sold, or not
for a long time to come. * * * *
IMPEACHMENT 0A8SS. 15
Keep entirely *' mum '' about the bonds. Do not say a word to
any person alive, not even to your wife ; for we want it as secret as
it can be till it is fixed.
Yours very truly,
J. W. ROBINSON.
D. H. Weir, Esq.
Washington, Dec. 10, 1861.
Mt Dear Wbib —
A day or two since I wrote you a line, but fearing you may not
receive it I repeat it now.
It is a matter of uncertainty what day I may be able to start for
the land of my adoption, but I hope it may be as soon as the first
of next week, to-day being Wednesday. The whole of this gov-
ernment machinery moves so terribly slow that no man can ever
say, with even tolerable certainty, how long he may be detained by
it. I had no idea when I arrived in this city that I should spend
more than four days at the longest, and here I have been four
weeks and more ; and had not the interests of Kansas been jeop-
ardized I should have left long ago; but we have waited and
waited, and worked and worked, till I have become tired and worn
out. We hope to succeed.
We have removed obstacle after obstacle, and at last we have
unexpectedly run against the President himself; and now are at
work trying to overcome his objections. I hope we may succeed,
but the Supreme Ruler only knows what other things may present
themselves when this is done. If we do succed Kansas will be
placed upon tolerable decent footing ; if not, God only knows what
will become of her, or how she will get along. There is no other pros-
pect of disposing of bonds anywhere else in the Union. The money
market 1^ closed up ; no stocks but these of the Union are touched
or looked at.
Don't buy any more bonds, unless you want to be bitten. And,
as I said in my former letter, keep *' mum entirely " about bonds.
Say nothing to nobody.
Fomeroy is quite indignant to think that somebody must have
used his name in connection with the Kansas bonds, and sent him,
and attempted to make a broker of him. He has not said much to
me about it, but I hear it from others. So I want you to be very
careful, indeed, what vou say, and especially say nothing about
bonds in connection with Washington or any of the State officers.
* ^ 4c • * * * *
Yours very truly,
J. W. ROBINSON.
D. H. Weib, Esq.
16 PBOOEEBINGS IN THE
Washington, Dec. 18, 1861.
Friend Weir —
* * * We have encountered eveirtbing but death
here in trying to negotiate our bonds. We have altered proposition
after proposition, and met with obstacle after obstacle, until I have
been discouraged, disgusted and thoroughly mad. The last one is
Jim Lane, an enemy of Stevens, and, of course, would let his duty
to the State run into the ground if he could gratify his personu
hatred. I am still in hopes that we may be fortunate enough to
effect a negotiation. *****
I had an interview with Mr. Lincoln night before last in his
private parlor ; and he seemed desirous to do all he could, and
promised to order the negotiation made if it was not serieusly op-
posed by any of his Cabinet, or the people of our State. We shall
try to conciliate Lane any way, and if we fail he must take the
responsibility.
There are one thousand dollars of your bonds. We shall have
them put into the sale if made at all at whatever the State (or we)
get for ours, of course } but we shall get the seventy cents, as I had
hoped, before leaving. We may possibly put in the whole lot at
sixty cents, but it will never hurt the State a dime, or will ever
heard of, but I shall thank God. * * * a Keep
still."
Yours, etc., J. W. R.
H. R. Button being duly sworn and examined, says :
I am Treasurer of the State of Kansas.
About $40,000 has been paid into the treasury in money during
the time which I have held the office, which has been realized from
the sale of State bonds ; about thirty thousand dollars of this was
realized from the sale of seven per cent, bonds. This money waa
paid into the treasury by Mr. R. S. Stevens. He made no written
report to me about his transactions in the sale of bonds.
I prepared forty thousand 4ollars of Kansas ten per cent. bondB
for sale. I sold thirty-one thousand dollars of these bonds to R. S.
Stevens for forty cents on the dollar. The full amount of said sale
was paid into the treasury. I never used any of the bonds in pay-
ment of any State indebtedness. I never received any prop-
osition to use any of these bonds in payment fo State
indebtedness. Mr. Gollamore wished to take the bonds
and negotiate them; I referred him to the law authorizing
me to sell the bonds. He stated to me, or the Governor, that he
would take from four to five thousand dollars of those bonds at par.
I havethem now ready for him. I told him 1 would retain them
from the sale if I made one, and I did so. I attempted the sale of
IMPSAOHMKNT GASEfi. 17
the bonds to A. M. Clark, of Leavenworth, and to James C. Stone.
I also attempted to sell them to Joseph Mann, of Pennsylvania. I
was in New York about the time of the battle of Bull Run, and
was told it would be impossible to sell them. I did not make the
attempt. I do not remember whether Mr. Stevens proposed to buy
first or I to sell ; the matter was talked over between us. He asked
me what I expected to get for the bonds. He said he did not think the
bonds were worth as much as the seven per cent, fifteen year bonds.
He told me after I had been to New York and seen what I could
do, that he would give me forty cents. The bonds were sold him
about the last of July. They were issued about the last of June
or first of July. I delivered the bonds to him at Buffalo, in New
York, and I took his receipt. I was on my way home and he told
me he was going to Washington. He paid me for the bonds when
he reached home. I also gave him twenty-nine 'thousand dollars of
seven per cent, bonds and took his receipt for them to be returned
or sold at seventy cents. The bonds were not returned to me. He
came back, and I was informed by the Auditor and Secretary of
State that they had made an arrangement for the sale of the bonds
and I took an additional receipt for fifty-three thousand four hun-
dred dollars, five thousand dollars being retained by the Auditor to
redeem scrip. Mr. Hillyer told me that they had agreed with Mr.
Stevens to take fifty thousand doUars of bonds at forty cents, and
the balance, about thirty-seven thousands dollars, at seventy cents,
at the time this receipt was given. Mr. Jlillyer told me after he
came back from Washington, that Mr. Stevens was agent for the
State to sell the bonds. I receipted to him for money paid into the
treasury. I have paid the semi-annual interest on fifty thousand
dollars of the seven per cent, bonds for which Mr. Stevens receipted.
I paid it to Mr. Stevens. I have made arrangements to pay the
interest on all the bonds of the State at the Ocean Bank, New
York City. Robert Morrow's warrants, issued in payment for sup-
plies furnished to the Quarter Master General of Kansas, were paid
in money to Stevens. I sent two hundred dollars in bonds by Mr.
Hillyer to Washington to sell. Mr. Hillyer told me he gave them
to Stevens, I asked Mr. Stevens about them and he told me he
would return me sixty cents on the dollar.
H. R. BUTTON.
H. R. Button recalled.
Q. Is the Governor's signature attached to forty thousand dol-
lars of ten per cent, bonds issued under the act of June 5th.
A. It is. The seal of the State was attached to the whole
Q. Have you ever received as a gift, donation, payment for ser-
vices, or for any other purpose, or in any other manner, any sum or
sums of money or other thing of value from Robert S. Stevens, sinoe
the 1st of July, 1861, up to the present time ?
A. I have not. I had authority in July last from the Auditor
and Secretary of State, to sell the twenty-nine thousand dollars of
2
18 ^ PROCSSDINGB IN THE
bonds at seventy cents on the dollar, which I deliyered to R. 8,
Stevens, at Buffalo, in July.
Q. Would you think you were authorized to pay interest on
State bonds upon the presentation of coupons if you had official
I . knowledge that said bonds from which the coupons were detached
' were the property of the State at the time said interest was due T
A. I would not. I had a conversation with the Auditor on his
return ^m Washington, in which I understood that a sale had
been made of the seven per cent, bonds ; I asked him if the Janu-
ary coupons were included in the sale, and understood from him
that they were.
Q. Did the Auditor or Secretary of State know that you had paid
this interest to R. S. Stevens 7
A. I think the Auditor was present when Stevens presented the
coupons and when I receipted to him for them as so much money.
Q. Did the Auditor make any objections to the payment of this
interest to Mr. Stevens ?
A. He did not.
H. R. DUTTON.
Received, Buffalo, July 30th, 1861, of H. R. Dutton, Treasurer
of the State of Kansas, twenty-nine thousand dollars in bonds of
the State of Kansas, of the denomination of five hundred dollars
each, and numbering from one to flfby-eight inclusive, which are to
be sold at seventy cents on the dollar or returned.
[Copy.] Signed, R. S. STEVENS.
Received of H. R. Dutton, State Treasurer, State bonds of the
denomination of one hundred dollars each numbering from 671 to
1000 both inclusive ; also of 9500 bonds numbering from 59 to
100, both inclusive.
Topeka, Oct. 19, 1861.
[Copy.] Signed, R. S. STEVENS.
R. S. Stevens being duly sworn and examined by the Committee,
says:
My place of residence is Lawrence, Douglas county, Kansas. My
business is of a general character. While 1 lived in Lecompton I was
in the profession of law ; since that time not. 1 entered into an ar-
rangement with the State officers for the sale of Kansas State bonds.
The Auditor and Secretary of State made the arrangement with
me. The arrangement was made on or about the last of November
or first of December. The arrangement was made in writing at the
city of Washington. The officers alluded to were in the city of
Washington with eighty-seven thousand two hundred dollars of
IMPXACHMSNT CA8S8. 19
Kansas seyenty per eent State bonds. They proposed to me to
undertake the sale of these bonds. I agreed that I would do so
nnder certain conditions, which were, that I should receive all that
I could realize over sixty cents on the dollar, paying the State
therefor at the rate of sixty cents on the dollar. I considered I
was acting as agent of the State officers alluded to, and thus indi-
rectly the agent of the State. I was employed by them to sell the
bonds on the terms as specified aboye. I sold the bonds to the
Secretary of the Interior in his official capacity as trustee for cer-
tain Indian tribes, he acting under the direction of the President
of the United States, or by his approval, as I am informed. The
bonds were negotiated for eighty-five cents on the dollar. I
negotiated for the sale of the whole amount of the bonds in the
hands of the State officers alluded to. I paid into the hands
of the State Treasurer, such amount as I received pay for at the
rates as agreed upon, less about three thousand dollars, now in
my hands, which is subject to his order at any time. I received
payment in a draft on the Assistant Treasurer, of New York.
These bonds had been drawing interest from July 1st, 1861. I
have paid the State as above for sixty-four thousand two hundred
dollars. The ballance of the bonds I left with the Secretary of the
Interior at the time I made the negotiation. I was to include with
them some other bonds which I owned myself, and some owned by
other parties. I delivered him all the bonds I had then in Wash-
ington, including the bonds of the State which he paid me therefor
iifly-four thousand nine hundred and ten dollars, which paid for all
the bonds I delivered to him less thirty-one thousand dollars,
which I left with him and are the property of the State.
The amount due the State on account of bonds sold accor-
ding to agreement, and for which payment was made, was thirty-
three thousand seven hundred and twenty dollars. At one time
a portion of the board stated that they considered they were author-
ized to sell fifty thousand dollars of bonds at any price they choose
to and offered them to me at forty cents on the dollar. I was au-
thorized to act just as I did act in the disposition of these bonds by
the Auditor and Secretary of State in their employment of me
as their agent. I bought of the Treasurer of State about thirty
thousand dollars of ten per cent, bonds, I think some time during
the month of July 1861. Some of the bonds I have on hand,
some I sold to one party, some to another. I sold some to the Inte-
rior Department. I received for those I sold at the Interior De-
partment ninety-five cents on the dollar. I think I sold about
twenty-six thousand dollars. I paid to the Treasurer the full
amount of bonds that I bought at the time of the purchase. I
K'd a portion of it in cash ; the balance was afterwards placed to
credit in the Lawrence bank to be paid in coin or Eastern ex-
change.
B. S, STEVENS.
R. S. Stevens recalled.
Q. Did you receive the semi-annual interest due on the Kansas
20 PROCEEDINGS IN THE
State bonds which was due on January 1st, 1862, or did the Secre-
tary of the Interior receive it ?
A. I received it.
Q. Had yon any partner in the transaction of bn3ring the Kansas
State ten per cent, bonds or in the negotiation of the State seven
per cent, bonds ?
A. I had parties associated with me who shared the profits of
the negotiation.
Q. Who?
A. I do not choose to state.
Q. Did any of the State officers share any of the profits growing
out of the sale of Kansas bonds ?
A. When I was in Washington Mr. Hillyer and Mr. Robinson
put in some bonds owned by themselves, which I sold and returned
them seventy cents on the dollar. Those were the only parties who
were State officers, who were the parties to the sale of State bonds
of any kind. If any State officer received any further interest in
the matter directly or indirectly they can speak for themselves.
At the time I made the negotiation with the Secretary of Interior,
I included in the sale one hundred and fifty thousand dollars, sta-
ting to him that but eighty-seven thousand two hundred dollars
were the property of the State, the rest having been issued to
various persons in taking up and liquidating State scrip held by
them, agreeing, however, if possible, to secure all the bonds thus
issued and deliver the same to him. The written conditions of the
agreement being that I was to deliver the balance of the bonds and
on delivery be paid therefor.
Q. Did Charles Robinson share with you any of the profits
arising from the sale of Kansas State bonds?
A. In reference to any parties, I prefer they should answer for
themselves. The amount of bonds which Mr. Hillyer and Robinson
put in, was, I think about seven thousand dollars. My impression
is Robinson had about four thousand four hundred dollars. They
received seventy cents on the full amount. The bonds were a por-
tion of them sent to Washington, sometime in October. I think
about fifty thousand dollars were sent previous to November let,
1861.
R. S. STEVENS.
Charles Robinson being sworn and examined, says :
I am Governor of the State of Kansas. I do not know whether
I was or was not a party to the sale of Kansas State bonds in Wash-
ington. I do not know whether my name was used or not. I did
not understand that any party was authorised to use my name
officially. I will state, however, that in conversation with the
IMPEACHMENT CASES. 21
Secretary and Auditor, before they went to Washington, I told
them that any arrangement for the sale of bonds that they might
make according to law I would approve of. I do not know, except-
ing ft'om their statements, that any arrangement or contract was
made with any third party for the sale of the bonds. I have never
seen any writing to that effect. They told me they authorized Mr.
Stevens to sell the bonds. I took it for granted that they [Hillyer
and Robinson] employed him in their official capacity. My impression
IB, they would have the power to employ a third party in the trans-
action if it was according to law. I did not authorize or recommend
the sale of the bonds to Mr. Stevens. I understood from Hillyer
and Robinson that they authorized Stevens to sell the bonds and
have all he could get over sixty cents on the dollar. I did not
approve officially of the sale. As I understood the law, I did not
think I had the right to make the sale for less than seventy cents,
bat I believed it good policy for the State to sell them for even less
than sixty cents if they could not get no more ; and, in that respect,
I should approve of the policy of selling them, although I could not
do so officially. There was a conversation before they went away
about the necessity of the sale of bonds to meet the interest due on
bonds the 1st of January and for legislative purposes. It had been
stated that State bonds could be invested in the Indian fund at the
Interior Department. I had no official knowledge in regard to the
matter. I think the information came from Senator Pomeroy. I
never was a party to any arrangement to sell the bonds issued under
the first act to R. S. Stevens for forty cents. I have heard Mr.
Stevens say he realized for the bonds eighty-five cents on the dollar.
I have no official knowledge of any of the transactions other than
I have testified to. I do not think the State officers could have
negotiated the bonds with the Interior Department except through
Mr. Stevens.
C. ROBINSON.
Governor Robinson recalled :
Q. Do you consider that the State officers had the power to
negotiate one hundred and fifty thousand dollars of bonds, issued
under the act of May third ?
A. I think they had the power to negotiate them, but not for less
than seventy cents on the dollar.
Q. Did you attach your name officially to forty thousand dollars
of ten per cent, bonds, issued in July, and known a3 war bonds ?
A. I cannot say. I si^ed some war bonds. I do not know
how many. It is the business of the Auditor, to register war bonds.
I keep no register.
Q. Did you attach the State seal to the war bonds J
A. I think not to all of them. I may have done so to a portion
of them. The Secretary of State has power to use the seal, and I
think attached it to most of the bonds.
Q. Have you ever received as a gift, donation, payment for services,
or for any other purpose, in any manner, any sum or sums of money,
or other thing of value, from K. S. Stevens, jsince the first day of
22 PROCEEDINGS IN THE
July up to the present time, in consideration of his negotiation of
Kansas bonds ?
A. I have not. I had a conyersation with some of the State
officers, and others, before they [Hillyer and Robinson] went to
Washington, relating to the right of State officers to sell a portion
or all of the seven per cent, bonds at a price less than seventy cento
on the dollar. It was contended that at least fifty thousand dollars
of the bonds could be sold for such price as could be agreed upon.
Not having examined the law, my mind was not at that time
thoroughly made up upon the subject. Afterwards, on a thorough
examination of the law, and before Mr. Stevens went to Washingtoa
I came to the conclusion that I had no right to sell the bonds for less,
than seventy cents, and declined, for that reason, to sign a paper
avthoriaing a sale for a less price, presented by Mr. Stevens.
C. ROBINSON.
Wm. P. Dole being sworn and examined, says :
I reside in Washington. I am Commissioner of Indian AffisLira
I am not acquainted with George S. Hillyer or John W. Robinson.
I have never had any conversation with any person in Washington,
except the Seoretanr of the Interior, about the sale of Kansas State
bondis officially. The Senators may, possibly, have mentioned the
subject to me. I know that State bonds of Kansas have been
negotiated at Washington. They were sold to the Secretary of the
Interior for the use of the interior tribes, invested in the Indian
fund. I caunot say from positive knowledge at what price the bonds
were sold. My impression is, the seven per cent, bonds were sold
from seventy to eighty cents on the dollar ; the ten per cent, bonds
from ninety to ninety-five on the dollar. My impression is derived
from general conversation and the papers themselves. The war
bonds were sold, in my absence to the west, on or about the last of
August or first of September. The State bonds were sold about the
first of January, 1862. My impression is that an agent of the State
offered them, and that they were negotiated through the Kansas
Senator's infiuence. I refer now to the seven per cent, bonds. I
do not know who ofifered the ten per cent, bonds. I do not think
the Department at Washington would require an agent to show any
authority from the State. The presumption is that the holder of
bonds has the riffht to negotiate. My impression is that the Depart-
ment thought Uiat the State of Kansas was to receive the full
unount for which said bonds were sold. Such impression would be
given from the fact that the Kansas Senators ^ave an order for such
money to be carried to Kansas. The negotiation for State bonds is
always with the President and Secretary of the Interior. The
Oommissioner has no power of purchase. After the negotiation is
IMPXAOHMSMT 0A8SS. 28
made the papers are filed with the CommiBsioner, and he draws a
draft for the money. I will state, that after the Secretary had
stated to me the proposition for the sale of the Kansas seven per
cent, bonds to the Indian Department, requesting my opinion as to
the pnrehase, that I addressed him a note, statins to him that my
views as to the purchase of State bonds would be tound in my annuu
report, but that if it was determined to purchase State bonds that
Kansas State bonds would be a safe investment. The Secretary of
the Interior, after my reply to his note, said he would not close the
negotiation until the whole matter was referred to the President.
The papers were referred to the President, and returned with his
endorsement, directing the purchase to be made. I think the State
offieers could have made the same arrangements with the Interior
Department, with the assistance of the Kansas Senators, that R. S.
Stevens made.
WM. P. DOLE.
James H. Lane being duly sworn and examined, says :
Q. Will you please to make a statement of what you know regard-
dng the sale of Kansas State bonds at Washington ?
A. I arrived at Washington on the morning of the first day of
the session of Congress of; the U. S. in time to take my seat in the
•Senate on the first dav of the term. Shortly after my arrival,
^korge S. Hillyer, Auditor of the State of Kansas, and John W.
Bobinson, Secretary of the State of Kansas, called upon me and
•informed me that they were there to negotiate the sale of some
>8tate bonds of Kansas to the Indian Department ^or trust funds
'belonging to the Indians to be invested by the Government for their
benefit ; that they had tried to sell them at several points but had
fiiiled, and unless they could sell them to the Government the State
Government would have to suspend; that they could not buy
stationery or pay the members of the legislature; that the State
Government could not go on; that they had arranged with the
Secretary of the Interior for the sale of the bonds, and that the
question was then pending before the President, and desired me to
go before him and make one of my appeaU in fiiivor of t}ie negotia-
tion, I advised them that it was best for the entire congressional
delegation from Kansas, to go in a body, and it was arranged to go
in a Dody, but from some cause Tl suppose other engagements) they
did not go, and I went by myseli, ana urged upon the President the
necessity of the sale, on account of keeping the State Government
going, and that it was a safe investment. I understood that my
colleagues called upon him the same day. I learned about this time
from persons in Washington from Elansas, that the money was sought
to be obtained for use against my friends and myself in Kansas, and
24 PROCEEDINOB IN TBE
that it would not go into the State Treasury. I saw Hillyer and
Robinson frequently afterwards, before the negotiation was con-
sumated, and asked them as frequently if Bob. Stevens br Gov.
Robinson had anything to do directly or indirectly, with the bonds,
the sale of the bonds, or the proceeds of the sales. They asseverated
in the most cmphatw manner^ that they had nothing whatever to do
with the bonds, the sale of the bonds, or the proceeds of the bonds,
except Mr. Hillyer said perhaps there might be some back salary due
Robinson, which he would draw as other-s would on warrants. My
friends still insisted that I should oppose the negotiation, and urged
by them I proposed to Mr. Hillyer and Robinson, that they place
the money in the hands of Gen. Pomeroy, and draw it out of
Pomeroy's hands as the Legislature directed, with the exception of
five thousand dollars, which they said they wanted immediately to
prepare for the Legislature — telling them that I had no idea the
money could be honestly kept in the State Treasury, although the
Auditor and Treasurer might be ever so honest — that the harpies
would manage somehow to steal the money. Afterwards, on consul-
tation with my friends, it was thought best that I advise the Secretary
of the Interior to pay for the bonds as follows : Pay five thousand
dollars to Robinson and Hillyer for inimediate use, and the balance
in instalments as directed by the Legislature when it met. This
plan I mentioned to the Secretary of the Interior, and he was willing
to accede to the plan if the united congressional delegation would
recommend it. In the many conversations with Hillyer and Robinson ,
I gave them my opinion freely of Bob Stevens' propensities, and told
them frequently that I would not have anything to do with the
negotiation, if Rob Stevens was to handle the money or see the
money, or know where they kept the money. Mr. Hillyer pledged
himself to me in the most unequivocal terms, that he himself would
convey the money to Topeka, and deposit it in the Treasury, and see
that it did not*go out except upon duly authorized warrants; and
that the money would not go to pay old debts, but to pay the members
* of the Legislature. After the negotiation was arranged, Hillyer
and Robinson came to me one morning (with Stevens behind them,)
and asked me to sign a paper, which was a paper required by the
President from the united congressional delegation, recommending
that the investment be made, 1 was intensely angry, and told Hillyer
and Robinson, that unless- they could come to me without the com-
pany of a thief like Bob St<}vens, that I would have nothing to do
with them or their negotiation . They wen t away — ^afterwards Hillyer
and Robinson came alone and I signed the paper, and the purchase
was consummated. But for the asseverations of Hillyer and Robin-
son, that Gov. Robinson and Stevens had nothing to do with the
transaction, I should have opposed the arrangement, and it could not
have been made without the delegation acting as a unit. The change
was made from the instalment plan to the plan of paying over all the
money upon the pledge of Hillyer and Robinson that Hillyer would
bring the money out to Kansas and safely hold it, to be disposed of
by the Legislature, excepting so much as was necessary for stationary.
IMPEACHMENT CASES. 25^
and pTeparation for the Legislature. My understanding was that
the Commissioner of Indian affairs, Mr. Doie, had expressed an
opinion adverse to the purchase before my arrival in Washington,
and was in no wise connected with it. Mr. Smith, the Secretary of
the Interior, was of the opinion that the interest of the Government
would be best subserved, by a sale of all of the seven per cent, bonds
to the Interior Department, and this negotiation was intended to
include them all. Hillyer and Robinson negotiated the bonds
directly with the department, through the congressional delegation.
So far as I am concerned, had I known that Gov. Robinson, or Bob
Stevens had anything whatever to do with the negotiation, or pro-
ceeds, or any part thereof, I would have opposed it with all the
energy of my nature.
Q. Do you know at what price the bonds were sold to the Interior
department ?
A. I know nothing about the price but what 1 learned from Hillyer
and Robinson, that they had sold them for two cents more than the
minimum price, which would make the price seventy-two cents.
JAS. H. LANE.
Robert Morrow being sworn and examined, says:
I reside in Lawrence. Am interested in the Lawrence Bank. I
am at this time nominally President of the Bank, but disposed of
mj interest sometime in the fall, to R. S. Stevens. The Directors.
of the Lawrence Bank are James Blood, T. B. Eldridge, Mr. Stevenb*,
Governor Robinson and myself. The Directors are principally the
stockholders. The issues of said Bank are secured by the State
bonds of Kansas. They were made so on the first of last July.
Q. Did your bank buy any war bonds of the State of Kansas, or
any of the officers ?
A. Myself, individually, bought some two or three thousand dollars,
in pajrment of bill of provisions furnished the Quarter Master Gen-
eral of the State of Kansas, at seventy Gent« on the dollar. The
Quarter Master General certified to my bill, and I sent it to the
Auditor, Who issued warrants for the amount, and I received the
bonds at seventy cents on the dollar.
Q. Did any parties connected with the bank, beside yourself, buy
any of the war bonds ?
A. Mr. Stevens has told me that he bought all, or nearly all that
the act provided for. The bonds which I bought were put into the
bank as securities. Mr. Stevens put into the bank bonds, as security,
I do not know what amount. Governor Robinson has put in booyds
as security. I do not know to what amount. The bonds which the
GovemoT put in, were seven per cent, bonds. The total amount of
26 PBO0SEDINO8 IK THK
bonds in bank as seoorities, is about $20,000. I think there are na
ten per cent, bonds as securities in the bank but my own. Mr.
Dutton has an account at the Lawrence Bank. He gires drafts on
our bank, which we pay in such funds as he draws for, coin, eastern
currency, and our own bills. The Lawrence Bank is doing business
under a charter of the Legislature, with securities of Kansas State
Bonds. We are not doing business under the State Banking Law.
ROBERT MORROW.
Copies of the following documents were furnished to the Com.
mittee by R. S. Stevens. Whether they are copies of originals,
and if so, whether such copies are correct, the Committee have not
been able to ascertain.
[copy.]
This certifies that we have employed and constituted R. S.
Steyens an asent on the part of the State of Kansas to negotiate
and sell all we seven per cent, bonds of said State, issued in accor-
dance with the provisions of an act of the Legislature of the State
•of Kansas, approved May 1, 1861, and an act supplementary thereto,
.approved June 3, 1861, authorising the issue and sale of one hun*
died and fifty thousand dollars of the bonds of said State ; and we
hereby agree to give him for his services as such agent, all and
whatever amount of money he may receive for said bonds over and
above sixty cents (60 cents) on the dollar ; that is to say, for all the
boBSds beloneing to the State, which the said Stevens may sell, heia
to pay into the State treasury the sum of sixty cents (60 cents)
on ea<Sh and every dollar.
Witness our hands this third day of Deoenber, A. D. 1861.
JOHN W. ROBINSON, Secretary of State.
GEO. S. HILLYER, Auditor of State.
iBkis paper is, according to my belief, a true copy of the original
R. S. STEVENS.
[copy.]
EXSOUTIVX DXPABTMSNT^ OfHOE StATS AuDITOB, )
Topeka, Kansas, Oct. 25, 1861. i
The undersigned, executive oflkers of this State, authoriied by
law to dispose of and sell the seven per cent, bonds, the issuance of
which was authoriied by an aet of the Lepalaftwe of this State,
approved May 1, 1861, entided '^ An act to anthoriie the negotia*
^n of one hundred and 8ftj thoosand doUaia of U&e bonds ox the
IMPXAOHMSNT CA8S8. 27
State of Kansas, to defray the current expenses of the State/' and
an act supplementary thereto, approved June 8, 1861, do hereby
constitute and appoint Robert S. Steyens, Esq., an agent to sell and
dispose of said bonds, giving him, the said Stevens, full power and
authority to negotiate, dispose of and sell the entire sum of said one
hundred and fifty thousand dollars of said bonds for the benefit of
the State of Kansas, hereby ratifying and confirming all and what-
ever said Stevens may do in the premises.
Witness our hands this 26 day of October, A. D. 1861.
C. ROBINSON, Governor,
JOHN W. ROBINSON, Secretaiy of Stote,
GEO. S. HILLYER, Auditor of Stote.
[Note. — ^This paper was executed in Washington, in December,
1861, and dated back, the Governor's name being signed thereto by
Ihe Auditor or Secretory.]
The above, excepting the note in brackets, I believe to be a true
-copy of the original, on file in the Interior Department at Wash-
jngton.
R. S. STEVENS.
George S. Hillyer recalled :
I met Mr. Lane at the Avenue House, in Washington. He pro-
posed to toke a walk up the avenue, which I accepted. And in
relation to the agency for the sale of bonds, he desired that I should
lake it and arrange some price which should be accounted for to the
State, and add to that five or eight cents on the dollar, as two or
three cents (he said) would be immaterial to the Department, to pay
me for my services to the Stote. I consented to no such arrange-
ment. Mr. Lane knew before this that Stevens was the agent.
GEO. S. HILLYER.
James H. Lane recalled :
The following paper being shown to Gen. Lane, and the question
asked by the Committee if it is a oorreot copy of the paper he signed,
hi9 answers as follows.
28 pbocxsdingb in the
[copy.]
Washington, Dec. 16, 1861.
To THE President : — The undersigned would respectfully repre-
sent that the State of Kansas has, by an act of her Legislature,
authorized the sale of one hundred and fifty thousand dollars of the-
bonds of said State, bearing interest at the rate of seven per cent.
Ser annum, payable semi-annually, and that said bonds have been
uly executed, and are now held by the State for sale. We further
state that Robert S. Stevens is the duly authorized agent of the
State of Kansas, te sell said bonds, and that any contract made by
him will be respected by the State. The Constitution of the State
of Kansas prohibits any further issue of bonds by her Legislature,
and also provides that the Legislature, at the time they authorized
the issue of bonds, authorized by the Constitution, shall provide by
law for the levy and collection of tax te pay the interest, and for the
ultimate redemption of the bonds: Such a law was passed by the
Legislature, which authorized the issue of the bonds now offered
for sale by the State ; and we do not hesitate to say that the interest
upon the bonds will be promptly paid, and the principal at maturity.
We understand that the Department of the Interior has funds
belonging to several tribes of Indians in Kansas, which, by treaty
provisions, are to be invested in safe and profitable stocks. Believ-
ing that these bonds are both safe and profitable, we earnestly
recommend to the President that he shall direct the Secretary of the
Interior to purchase said bonds at such price as to such Secretary
shall be deemed advisable.
Very respectfully,
(Signed,) S. C. POMEROY,
J. H. LANE,
M. F. CONWAY.
The original of this paper was filed in the Interior Department,
and this I believe to be a true copy.
R. S. STEVENS.
A. *To the best of my recollection the only paper seen by me
connected with this transaction, was one handed me by Mr. George
Reynolds, which he asked me to examine and consider. I received
it and retained it for some time, and handed it back to him unex-
amined, and unsigned by me. The other was the paper referred to
by me in my former testimony, brought to me in the first instance
by Hillyer and Robinson, and Stevens in the rear, at which time I
told them they must come to me without the company of a thief.
On the same dav they did return with the paper saying to me that
it was a paper advising the President to make the negotiation. I
am as confident as of any other event that has transpired, that Bob
Stevens' name was not in the paper as in any way connected with the
transaction. If it had been, I should most likely have seen it, aad
most certainly if I had seen it, I should not have signed my name
to the paper. It is barely poinble that I am mistaken, but I feel
IMPBAOHMSNT 0A8E8. 29
T«rj confident that if my name is to that paper, as it now reads, the
crime 6i forgery i& added to the crime of thefl; that either my name has
been forged to the paper, or the paper heen forged to my name, at least
so far as inserting the name of R. S. Stevens. There is abare po$9ibUiijf
tliat, relying npon the honesty and truthfulness of Hillyer's emphatic
asBeverations that Steyens had nothing whatever to do with the
transaction, I may have signed the paper without reading it) and
been deceived. Certainly I would not have signed it had I known
Stevens' name was in it, of which purpose Hillyer and Robinson
were fully cognizant.
The statement of George S. Hillyer, marked ** A," has been
shown to me. and in reply I would state : The only semblance of
trutb contained in the statement, is in the following and only con-
versation which I ever had with him on the subject of his remu-
neration. I inquired of him in what way he expected to be paid
for his services in negotiating the bonds r He said he expected to
obtain it from the Legislature. I told him if I was here when the
Legislature was in session, it would afford me pleasure to aid him to
get a liberal compensation for his services. Every other material
statement of his, in the paper referred to, is untrue, and manufiio-
tured out of whole cloth.
J. H. LANE.
George A. Reynolds being duly sworn, says :
Q. State to this Committee what you know about the sale of
Kansas State bonds to the Interior Department at Washington.
A. I arrived in Washington the first day of December, 1861, in
company with Gen. James H. Lane. In a day or two after that,
Robert S. Stevens arrived. I was acting as Gen. Lane's secretary.
Stevens came to me, saying that he was there for the sale of some
seven per cent. Kansas bonds to the Interior Department. I under-
stood that part of them belonged to him, and part to others. He
desires my services in assisting in the sale of the bonds, and said it
was necessary to have the recommendation of the Kansas delegation
to the President for their sale. He was not on speaking terms with
Oen. Lane, and he desired me, who was the friend of both, to lay
the matter before Gen. Lane, which I consented to do. In a day or
two after I did have a conversation with Gen. Lane about it, and
urged, as a matter of State interest, that he should use his influence
for the sale, and Gen. Lane said he would give the matter his atten-
tion. I supposed, and had every reason to believe that the State
would receive the full benefit of the sale of such bonds as she owned.
I had no knowledge or intimation that the State was to be defrauded
out of a single dollar, I knew that State bonds had been purchased
80 PBOOEBDINGB IN THE
by parties in Kansas at very low rates, and supposed that when the
bonds belonging to the State were sold, these bonds in private hands
would be turned in, thus affording profit enough to the owners to
justify them in making considerable effort for the sale.
In the mean time Messrs. Hillyer and Robinson had called on
6en. Lane, and upon their representatives. He had agreed to use
his influence with the Department to effect a sale. On several
occasions Lane said to Hillyer he would have nothing to do with
Stevens in negotiating the sale. He and Stevens, to nay knowledge,
never did have any talk about it while I was in Washington.
Stevens gave me a letter, as I understood it to be, asking the
President to make the sale. At the time he handed it to me the
letter was signed by Pomeroy and Conway. When I handed it to
Lane he refused to sign it, and gave as a reason that he had no time,
and would see to it next morning. I then carried the letter back
to Stevens and gave it to him ; and that is the last I ever saw of it.
From frequent conversations between Hillyer, Lane and others, I am
confident that Lane supposed, as I did, that the State was to get the
full benefit of the sale of her bonds. I never heard or knew that
there was a contract between the State authorities and Stevens, for
him to receive all over any stated sum that they might be sold for.
The morning after I handed Lane the letter, Mr. Hillyer came
alone to Gen. Lane for final answer as I believe. Lane said to
Hillyer, " Hillyer, I believe you are an honest man, and if you say
this thing is right, and will see that the money goes to Kansas and
is placed in the btate Treasury, and will let it be there subject to
the control of the next Legislature, I will recommend the President
to order the sale." These are about his exact words. Hillyer then
promised to do this. I heard Hillyer and Robinson repeatedl y say
to Lane that Stevens had nothing to do with the transaction. After
some further conversation, he told Hillyer that he would sign the
letter that I had asked him to sign. I may have glanced at the
letter, but don't remember its contents. I took it to be a letter,
asking the President to order the sale. It may or may not be a letter
the copy of which Mr. Stevens presented in evidence. I then left
the room, and in a day or two after left the city, and knew nothing
further of the matter. I did not know that the sale had been con-
summated until I arrived in this city some three or four weeks after.
I never heard from any of them, neither did Gen. Lane in my
presence, the price they were to get. I presumed the State Officers
would get the best price possible for the State.
Q. Did Mr. Stevens promise you any compensation for services ?
A. He did. He stated to me that he was there for the sale of the
Kansas State bonds, and that there was a little money to be made at
it — about a thousand dollars. He stated to me that Lane and him
were not friends, and that in order to effect the sale of bonds it
would be necessary to have the recommendation of the entire Kansas
delegation. He said the State of Kansas had authorized the issue
of one hundred and fifty thousand dollars of bonds, and that he was
authorised to sell bonds for the State. He did not say how many
IMPEACHMENT CASES. 31
he liad tliere for sale, but told me he had bonds for other parties,
which he proposed to put in the sale. I told him that I would lay
the matter before Gen. Lane, and see what he thought of it ; which
I afterwards did.
Q. Did Mr. StCTcns pay you according to promise for your
fiervioes?
A. He did not.
Q. Has he ever paid you any part thereof f
A. He has not.
Q. Have you ever asked Mr. Steyens for the pay for your
services?
A. When I arrived in this city I asked Mr. Stevens for five hun*
dred dollars, Irhich he gave to me, and I gave him my note therefor.
Q. When you aaked Mr. Stevens for the money did he require a
note.
A. He did not; but afterwards asked me for a note for the money,
and I gave him one. When >]^r. Stevens promised me the money,
I understood it was a legitimate transaction, and if it is proven that
a fraud upon the State has been committed in collusion with State
Officers, I shall never expect, nor will I ever accept, a cent.
Q. Did vou know at what price the bonds were to be sold ?
A. I did not. I never knew any thing about it.
Q. Did you know what price the State was to receive for bonds J
A. I did not.
Q. Did you believe the State was being defrauded in any manner
in the sale of bonds ?
A. I understood, and believe that the profits arising from the sale
of private bonds would justify the outlay of money for services in
procuring the sale of the bonds. I supposed the State authorities
would guard the interests of the State.
Q. Did Gen. Lane ever receive, to your knowledge, or have you
ever had any suspicion that he received any money or other consid-
eration arising from the sale of Kansas bonds ?
A. I never had any suspicion, nor do I believe he ever did.
G. A. REYNOLDS.
W. F. M. Amy, being duly affirmed according to law, says :
During the last Legislature I was a member and took some part
in the actions of that body, in regard to issuine bonds by the State,
and on one occasion I made a motion to limit the sale of the seven
per cent, bonds at eighty cehts on the dollar, and stated that I knew
that Kansas State Bonds could be negotiated East at that rate, and
would agree to make the negotiation at that price, if my traveling
expenses East and return were paid. I was induced to withdraw
S2 PBOOEEDINQS IN THE
my amendment upon the representation of Mr. Eaton, that the
expense of going East would be saved, as parties were here who
would negotiate the bonds and report to the Legislature before they
adjourned, and that negotiations could be made which would be
equivalent to eighty cents on the dollar. After the loan for what is
termed the twenty thousand dollar War Bonds, I called on Gov.
Eobinson and told him that I knew parties who would negotiate
them at par, and that I would get them negotiated in New York
State at par free of charge, on my part. He told me that nothing
could be done then in the matter because there was no qualified
State Treasurer.
Q. To your knowledge did you know that the War Bonds could
be negotiated at par.
A. I do.
Q. Did you so state to Gov. Robinson ?
A. I stated to Gov. Robinson that they could be sold at par if
they were to be used exclusively for war purposes, and I would
attend to the negotiation free of charge, if they were used for that
purpose, as I was about to start to New York to look after relief
matters where the negotiation could be made.
Q. When was that ?
A. I cannot give the exact date, but it was previous to the issuing
of the bonds. The Governor told me they could not be issued on
account of the Treasurer.
Q. Was this proposition identical with Mr. Collamore's ?
A. It was not, it was from citizens of New York, who wished to
assist Kansas in her then condition.
W. F. M. ARNY.
STATEMENT OF TREASURER, FEBRUARY 12th, 1862.
To the Honorable Martin Anderson and others, composing the
Uommittee appointed te examine the books and accounts of the
Auditor and Treasurer.
Gentlemen : — In reply to the requirements made of me by your
Committee, I give you herewith the following statement :
Whole amount of bonds issued under an act entitled ^^ An act, to
authorize the negotiation of one hundred and fifty thousand dollars
of the bonds of the State of Kansas, to defray the current expenses
of the State,'' approved May 1st, 1861, waa $50,000.
Whole amount of bonds issued under an act entitled " An act,
^pplementary to an act to authorize the negotiation of one hundred
and fifty thousand dollars of the bonds of the State of Kansas, to
IMPXAGHMENT OASES. 83
defiray the current expenses of the State/' approved June 8d, 1861,
Wfts $99,400.
The whole amount of bonds issued under an act entitled '* An act
to authorize the State of Kansas to borrow money to repel invasion,
suppress insurrection, and to defend the State in time of war,''
approved May 7th, 1861, was $40,000.
Of the above, $62,200 of the bonds issued under the supplemen-
tary act, approved June 8d, 1861, were issued in redemption of
State warrants, redeeming warrants to the amount of $43,540,
The whole amount paid into the Treasury f^om sale of bonds,
issued under the two acts, approved May 1st, 1861, and June 3d,
1861, is $33,119 68.
To amount received from sale of war bonds, - - $12,400 00
The amount paid by County Treasurers, • - 11,094 97
The amount received from sale of Capitol materials, 261 88
The amount received from County Treasurers for
school purposes, 358 98
Total, $57,229 91.
Whole amount of war warrants redeemed, $5,159 15
Amount paid in redemption of coupons, 4,564 00
Amount of State warrants redeemed, 86,625 41 46,348 56
$10,881 85
Balance in the Treasury February 10th,
1862, of which there is war funds, $7,240 85
School funds, ... 353 98 7,594 78
$8,286 57
Amount required to redeem outstanding
coupons, ..... 686 00
Amount subject to draft, - • 2,600 57
Whole amount of State warrants issued, 82,670 38
Whole amount redeemed, ... $80,165 41
Interest paid on above, ... 899 06 80,564 47
Amount warrahts outstandingi .... $2,115 91
H, B. BUTTON, Treasurer.
The report was made the special order for 2 o'clock, P. M., the
next day, and was ordered to be printed.
On the next day, February 14th, at 2 o'clock, P. M., the House
took up the special order.
Mr. Plumb offered the following resolution which was adopted:
Resolved, That the report of the Committee on Investigation be
received and spread upon the Journals, and that said Committee are
hereby authoriied to take such additional testimony as they see fit."
8
84 FR0GXXDIN08 IN THfi
The resolution reported by the Committee was amended by con-
Bent by striking out the words "and they are hereby/' and making
it read as follows :
Resolved^ That Oharles Robinson, GoTomor, John W. Robinson,
Seoretarr of State, and George S. Hillyer, Auditor of the SUte of
Kansas, be impeaohed of high misdemeanors in o£Soe,
And was adopted unanimously.
Mr. Plumb offered the following resolution which was adopted :
Reiolved, That a Special Oommittee of fire be appointed to act
with the Attorney Graneral, to prepare articles of impeachment
against Charles Robinson, Qoyemor, John W. Robinson, Secretary
of State, and George S. Hillyer, Auditor of the State of Kansas, for
high misdemeanor in office, and to manage the trial of the said
parties upon said articles before the Senate.
Mr. Plumb offered the following resolution which was adopted :
Reeolvedy That a Special Committee of three be appointed by the
House to notify the Senate that the House will present an impeach-
ment of Charles Robinson, Qoyemor, John W. Robinson, Secretary
of State, George S. HUlyer, Auditor of the State of Kansas, and
that in due time the House, by its managers, will present spe^fio
articles of impeachment, and to ask process against the persons
impeachment.
On the next day, February 15th, the Speaker appointed Messrs.
l^himb, Spaulding, Potter, Wagstaff and Wilson, special committee
to conduct the impeachment cases before the Senate ; also, Messrs.
Clark, Fishback and McCarthy, Special Committee to notify the
Senate that the House has impeached C. Robinson, Gk>vemor, G^o.
S. Htllyer, Auditor, and J, W. Robmson, Secretary of State.
On the same day Mr. Clark, from Special Committee to notify the
Senate of the impeachment of C, Robinson, Geoi^e S. Hillyer, and
J. W. Robinson, made the following report :
The Special Committee appointed by the House to notify the
Senate that the House will present an impeachment of certain State
officers, would report :
Your Committee performed the duty assigned tbem, by appear-
ing at the bar of the Senate, and by reading in the Senate, and by
deliyering to the Secretary thereof, the following notice and demand :
SIDNEY CLARKE, Chairman.
mSBAOHMSNT 0A8S8. 81
[COPY.]
Mr. Pubidbnt :— Tlie nndersigned appear at the biff of the
Senate aa a Committee of the House of nepreaentatiTea, ohareed
with the dnty of notifying your honorable body that the Honae has
impeached Charles RoDinaon, Governor, John W. Robinaon, Secre-
tary of State, George S. Hillyer, Auditor of the State of Kansas, for
high misdemeanors in office, and will, in due time, by its managers,
present special articles of impeachment, and demand that the Senate
take order for the appearance of the persons aboye named to answer
to said impeachment.
SIDNET CLARKE,
JOHN McCarthy,
W. H. M. FISHBACK.
On February 18th, the following message was receiyed from the
Senate :
Kb. Spsakbb: — ^I am directed to notify the House that the*
Senate has adopted the accompanying preamble and resolutien.
A. R. BANKS, Secretary.
Whsbxas, On the 15th dayof Februaxythe Houae of Repreeea-
tatiyes, by three of their members, Messrs. Sidney Clarke, John
McCarthy and W. H. M. Fishback, at the bar of the Senate, im-
peached Charles Robinson, Goyemor, John W. Robinson, Secretary
of State, and George S. Hillyer, Auditor of State, of hi^ misde-
meadors in office, and informed the Senate that the House of
Bepreaentatires will, in due time, exhibit articles of impeachment
against them, and make sood the same ; and likewise demanded that
the Senate take order ror the the appearance of the said Charles
Bohinaon, Ooyemor, J^n W. Robinson, and George S. Hillyer,
to answer said impeachment; therefore
Resolved, That the Senate will take proper order thereon, of
wkieh due aotioe shdl be giyen to the House of Representatiyes.
On February 20th, Mr. Plumb, from Committee of Managers for
the trial of impeachments, reported articles of impeachment of John
W. Robinson, Secretafy of State.
On motion, the House resolyed itself into Committee of the Whole
on the articles of impeachment,
Hr. Russell in the chair.
After some time spent therein, the Committee arose, and, through
ita chairman, reported back to the House the articles of impeachment
of John W. Robinson, Secretary of State, and recommended their
adoption.
Report of the Committee of the Whole was agreed to.
86 PBOOBSDDfOB IN THB
Mr. Plumb moved that the olerk of thb House be instructed to
inform the Senate that the Hoilse, through its maoagerB, is prepared
to present to that body articles of impeachment of John W.
'Bobinson, Secretary of State.
Motion Prevailed.
On the same day the following message from the Senate was
received :
Mb. Speakeb : — I am instructed to notify the House that the
Senate is ready to receive the managers for the purpose of exhibit-
ing the articles of impeaehment of which they have been notified.
A. R. BANKS, Secretary.
On February 25th, Mr. Plumb, from Committee of Managers,
presented the plea of J. W. Robinson, signed by his Attorneys,
Shannon, Stanton and Case, and submitted a repUoation thereto,
which was adopted.
On the same day, Mr. Plumb, firom Committee of Managers, pre-
sented an amended replication to the plea of John W. Robinson in
the impeachment case, which was adopted and ordered to take the
place of the one adopted to-day.
On February 26th, Mr. Plumb, from Committee of Managers on
impeachments, presented the articles of impeachment of George S.
Hillyer, Auditor of State, and also of Charles Robinson, €k)vemor.
On motion, the articles of impeachment against Qeorge S. Hillyer,
Auditor of State, were adopted.
The vote being taken on the adoption of the artioles of impeach-
ment of Charles Robinson resulted as follows :
Ayes 53. Nays 7.
And so the resolution was adopted.
On motion of Mr. Plumb, the clerk was instructed to notify the
Senate that the House, through its managers, is ready to present
articles of impeachment against Charles Robinson, Qovemor, and
George S. Hillyer, Auditor of State.
Mr. Plumb offered the following resolution which was adopted :
Resolved^ That the Board of Managers on the part of the House
be instructed to move that the first Monday in June be set for the
trial of the oases of impeachment against the State offioem.
IMPEAOHMBNT CA8S8. 37
The following meBsage was received from the Senate :
Mr. Spsaker: — I am directed to inform the House of Represen-
tatives, that the Senate will be ready to receive the Managers of the
House for the purpose of exhibiting their articles of impeachment
against Charles Robinson and George S. Hilljer, agreeably to the
notification received by the Senate from the House of Representik
tives, at the hour of 7 o'clock, this evening.
A. R. RANKS, Secretary.
On February 27th, Mr. Anderson, by consent, offered the follow-
ing resolution, which was adopted :
Whereas, It has come to the knowledge of this House that
there are material and important witnesses on the part of the prose-
cution of the impeachment now pending before the Senate, are in
Washington, to wit : James C. Stone, ». C. Pomeroy, George W.
Collamore and Martin F. Conway, and that D. H. Weir, and Chas.
Chadwick and James H. Lane, have lefb this city since the initia-
tion of these prosecutions, and the House is unable at present to
ascertain where the said Lane, Weir and Chadwick are at this time ;
and
Whereas, These prosecutions, nor either of them can be con-
ducted with effect without the testimony of said witnesses, and the
said witnesses are material and important for said prosecutions with-
out whose evidence this House cannot safely proceed to trial; there-
fore, be it
Resolved, That the Board i)f Managers be requested to present
this resolution and preamble to the Senate, and ask that the trial
of these impeachments be postponed until such time as in the opin-
ion of the Board, will enable said Managers to procure the testimony
of said witnesses.
FROOEEDINaS
UTTKK
SENATE.
SSNATX OhAMBSB, )
February 15, 1862. J
The following oommiiniofttion from a oommittee of the House waa
read by Mr. Olark on the part of the oonunittee :
M&. PaisiDSNT: — ^The undersigned appear at the bar of the
Senate aa a oonunittee of the Houae of Kepresentati^ies, char&'ed
with tiie duty of notiftring your honorable body^that the Houae naa
impeaohed Charles Robinson, Governor, John W. Robinson, Seeie-
taiy of State, Geo. S. Hillyer, Auditor of the State of Kansas, for
high misdemeanors in office, and will in due time, by its managers,
E98ent special articles of impeachment, and demand that the
nate take order for the apprehension of the persons above named
to answer to the said impeachment.
SIDNET GLARES,
JOHN McCarthy,
W, H. M, PISHBACK.
AFTERNOON SESSION.
Two O'OLOOK, p. M.
Mr. Ingalls offered the following resolution which was adopted :
ReiolvSif That the communication received this morning from
tbo commiltea of the House of Representatives, be referred to a
40 HBOOBEDINQS IN THE
Special Committee of tliree witli instructions to report what order
the Senate will take therein.
Senate Chamber, )
Monday, 2 o'clock, P. M., Feb. 17th, 1862? j
President announced as the committee to whom was referred the
resolution introduced by Mr. Ingalls on Saturday, in relation to
what action the Senate will take in regard to the communication
from the House of Bepresentatiyes, Messrs. Ingalls, Lynde and
Spriggs.
Mr. Ingalls offered the following resolution which was adopted :
Resolvedy That a Committee of three be appointed by the chair
to report rules for the Government of the Senate in the cases of
impeachment.
The President announced as the committee to prepare rules for
the government of the Senate in the oases of impeachment, Messrs.
Ingalls, Hoffman and Gunn.
Senate Chamber, \
Tuesday, Feb. 18th, 1862. j
Mr. Ingalls, chairman of the Special Committee to prepare rules
for the government of the Senate . in cases of impeachment, made
the following report :
Mr. President : — ^The special committee to whom was referred
the subject of the rules for the governmi^t of the Senate in
cases of impeachment, have considered the same and instruct me to
make the accompanying report and recommend its passage by the
Senate.
INGALLS, OhaitmaB.
IMPEACHMENT CASES. 41
KULES TO BE OBSERVED IN CASES OF IMPEACH-
MENT.
1. When the Senate shall receive notice from the House of
RepresentatiTes, that managers are appointed on their part to conduct
an impeachment against any person, and are directed to carry suoh
articles to the Senate, the Secretary of the Senate shall immediately
inform the House of Eepresentatiyes that the Senate is ready to
receive the managers for the purpose of exhibiting such articles of
impeachment agreeably to said notice.
2. When the managers of an impeachment shall be introduced at
the bar of the Senate, and shall have signified that they are ready
to exhibit articles of impeachment against any person, the President
of the Senate shall inform the managers that the Senate is ready to
receive the same, after which they shall be read and delivered, and
the President shall inform the managers that the Senate will take
proper order on the subject of the impeachment of which due notice
shall be given to the House of Representatives.
8. Thereupon a summons shall issue, directed to the person or
persons impeached, in manner following :-^
COURT OF IMPEACH3IENTS.
The Senate of the State of Kansas, to Greeting :
Whebeas, The House of Representatives of Kansas, did, on the*^
day of , exhibit to the Senate articles of impeachment
against you, the said , in the words following, (here recite the
articles,) and did demand that you the said should bo
put to answer the accusations as set forth in said as^cles, and that such
proceedings might be had agreeable to law and justice. You, the
gaid , are hereby summoned to be and appear before
the Senate of the State of Kansas, at their Chamber in Topcha, on
the^ day of , then and there to answer to the said articles 'of
impeachment, and then and there to obey and perform such orden
and judgments as the Senate of the State of Kansas shall make In
the premises according to the Constitution of the State. Hereof
fail not.
Witness , President of the Senate, at Topeka, thia;
day of
4^ TKOCEXDTirOB IN THB
The said stimAiQins shall be attested by the Secretary of the
Senate, and served by the Sergeant-at-Arms, or such other person
as the Senate shall specially appoint for that purpose who shall serve
the same in accordance with the forms next hereafter given.
4. A precept shall be indorsed on said writ of summons as
follows —
Court of Impeachments, )
State of Kansas. J ^'
The Senate of the State of Kansas to , Greeting,—
You are hereby commanded to deliver to and leave with ,
if he can be found, a true and attested copy of the within writ of
summons, together with a copy of this precept, showing him both,
or in case he cannot with convenience be found, then you are to
leave true and attested copies of the said summons and precept, at
his usual residence or place of business, and in whatever way the
eervice is performed, let it be done at least ' days before the
appearance day mentioned in the said writ of summons, thereof fail
not, and make return of this writ of summons and precept, with
your proceedings endorsed thereon, on or before the appearance day
named in said summons.
;T Witness' , President of the Senate, at Topeka, this
^— — day of ; which precept shall be attested by the Sec-
retary of the Senate.
6. Subpoena shall be issued by the Secretary of the Senate, upon
application of the managers of the impeachment or of the part
impeached, or of his counsel in the following form, to wit :
To , Greeting :—
You and each of you are hereby commanded to appear before the
Senate of the State of Kansas on the day of ,then and
there to testify your knowledge in the cause which is before the
Senate, in which the House of Representatives have impeached
■ Hereof fail not.
Witness , President of the Senate, this day of
; which shall be attested by the Seoretaiy .
The subpoena shall be directed to the proper officer of the districti
in which the witness resides, in manner following, to wit : —
IMI^EACHMXNT CA8BS.
iz
THB SENATE OF THE STATE OF KANSAS,
To the Sheriff of County :
Ton ue heieby cominiktided to serve and return the within
subpoena, according to law.
Dated at Topeka, this day of A. D.
6. The President of the Senate shall direct all forms of pro-
ceedings not specially provided for by the Senate ; he shall ako be
authorized to employ such assistance as may be necessary to serve
«U process required during the trial.
7. At twelve o'clock of the day appointed for the return of the
summons against the person impeached, the Legislative and Execu-
tive business of the Senate shall be suspended, and the Secretary
shall administer an oath to the returning officer as follows 7 '* You
do solemly swear that the return made and subscribed by you upon
the process issued on the*-^— day of ,by the Senate of the
State of Kansas, against , is truly made, and that you have
performed said service as therein described, so help you Ood •"
which oath shall be entered at large upon the records.
8. The person or persons impeached shall then appear and answer
ihe articles of impeachment against him. If he appear in person or
bj Attorney, it shall be recorded; the record stating the person
appearing, and the capacity in which he appears. If there be bo
appearance in person or by Attorney, the fact shall also be
9. At twelve o'clock of the day i^pointed for the trial of an
impeaohment, the Legislative and Executive business of the Senate
shall be postponed. The Secretary shall then administer the follow-
ing oath to the President :
<< You do solemnly swear that in all things pertaining to the trial
of the impeachment of ■ , you will do impartial justice
aeoording to the Constitution and Laws of the State of Kansas."
The President shall administer the same oath to each Senator
pieseni; after which the Secretary shall notify the House of Repte-
lentatires that the Senate is ready to proceed upon the impeaohment
ef , in the Senate Chamber of the State of Kansas.
10. Counsel for the parties shall be admitted to appear and be
heard upon an impeachment.
44 PBOOBEDINGS IN TKB
11. All motions made by the mKnagen, ihe parties or their
counsel, shall be in writing, directed to the President, read by the
Secretary, and decided by yeas and nays without debate, all of
which shall be entered on the records.
12. Witnesses shall be sworn in the manner following : — ^^ You
do solemnly swear (or affirm) that the evidence you shall give in the
case now pending between the State of Kansas and ,
shall be the truth, the whole truth, and nothing but the truth, so
help you Ood.'' The oath shall be administered by the Secretary.
13. Witnesses shall be examined in chief by the party producing
them, and cross-examined in the usual form.
14. If a Senator be called as witness, he shall be sworn, and
^ve his testimony standing in his place.
15. If a Senator wish a question put to a Vritness, it shall be
reduced to writing and put by the President.
Mr. Ingalls from the Special Committee to whom was referred the
communication from the House of Bepresentatives, made the follow-
ing report: —
Mb. President : — The committee to whom was referred the accom-
panying communication, have had the same under consideration,
and instruct me to report the following Preamble and BesolutioBy
and recommend its adoption by the Senate : —
Whebeas, On the 15th day of February, the House of Repre-
sentatives by three of their members, Messrs. Sidney Clark, Joha
McCarthy, and W. H. M. Fishback, at the bar of the Senate,
impeached Charles Bobinson, Governor, John W. Robinson, Secre-
tary of State, and George S. Hillyer, Auditor of State, of high
misdemeanors in office, and informed the Senate that the House of
Representatives will in due time exhibit articles of impeachment
against them and make good the same, and likewise demand that
tne Senate take order for the appearance of the said Charles Robinson,
John W. Robinson and Gkorge S. Hillyer, to answer said impeach-
ment; therefore
Re9olved,f That the Senate will take proper order thereon, of
which due notice shall be given to the House of Representatives.
impeaohment oases. 45
[communication.]
Hb. President : — ^The undersigned appear at the bar of the Senate
as a eommittee of the House of Representatiyes, charged with the
duty of iiotifyingyour honorable bodythat the House has impeached
Charles Robinson , Ooyemor, John W. Robinson, Secretary of State,
and George S. Hillyer, Auditor of State of Kansas, for high mis-
demeanors in office, and will in due time by its managers, present
special articles of impeachment, and demand that the Senate
^e order for the appearance of the persons aboye named, to answer
to said impeachment.
(Signed,) SIDNEY CLARK,
JOHN McCarthy,
W. H. M. FISHBACK.
Mr. Ingalls moyed that the report of the Committee on Rules
ibr the goyemment of the Senate in cases of impeachment, be referred
to the Committee of the Whole.
Carried.
On request of Mr. Broadhead, tbe Senate went into a Committee
of the Whole for the consideration of the report of the Committee
on Rules for th^ goyemment of the Senate in cases of impeach-
ment.
Mr. Hoffman in the chair.
After some time spent therein, the committee arose and through
its chairman reported the Rules back to the Senate with amend-
ments, with the recommendation that they be printed.
The report of the committee was agreed to.
Senate Chamber, \
Wednesday, Feb. 19th, 1862. J
On request of Mr. Ingalls,
The Senate went into Committee of the Whole for the consider-
tion of the Rules', to be adopted by the Senate in the cases of im-
peachment ;
Mr. Keeler in the chair.
49 PaOOEXDINQB IN THJB
After some time spent therein, Uie eommittee arose, and through
its chairman, reported the same back to the Senate with amendmenta,
and recommended their adoption.
The report of the Committee of the Whole was agreed to.
Senate Chamber, )
Thursday, Feb. 20th, 1862. j
Mr. Ingalls offered the following resolution, which was adopted :
Retohedy That the Report of the Committee on Rules to be
obseryed by the Senate in cases of impeachment, as amended by the
Committee of the Whole, be engrossed and entered at large upon
reeords of the Senate.
Mr. Ingalb offered the following resolution which was adopted :
Resohedj That two hundred and fifty copies of the Rules adopted
to govern the Senate in oases of impeachment be printed in pam-
phlet form for the Legislature.
Mr. Ingalls offered the following resolution, which was adopted :
Resolved, That the Secretary of the Senate be directed to inform
the House of Representatives that the Senate is ready to receive the
managers for the purpose of their exhibiting articles of impeach-
ment against John W. Robinson.
Mr. Plumb, ohairmui of the maxiagers on the part of the House
of Representatives, appeared at the bar of the Senate and read the
following communication :
Mb. Pbebident : — The committee of managers appointed on be*
half of the House of Representatives, herewith exhibit to the Senate
articles of impeachment against John W. Robinson, Secretary of
State.
ARTICLES OP IMPEACHMENT
Exhibited by the House of Representativea of the State of Kansas,
for themselves, and on behalf of all tho people of Kansas againsti
John W. Robinson, in maintenance of their impeachmenit heretofore
prefferred against him for high crimes and misdemeanors.
IMPXAOHMSNT CASKS. ^
ARTICLE I.
That tlie said John W. Robinson was, prior to the third day of
June, A. D. 1861, ever since has been and still is, Secretary of
State of said State of E^ansas. That on the fifth day of June, A.
D. 1861, the said John W. Robinson, as Secretary of State, together
wiih the Governor and Auditor of said State, was anthorized and
empowered to negotiate and sell the bonds of the State, the issuance
of which was provided for in the act authorising the negotiation of
one hundred and fifty thousand dollars of the bonds of the State of
Kansas, to defray the current expenses of the State, approved May
lat, 1861.
That bonds of the State of Kansas, to defray the current expenses
of said State as aforesaid, were prepared, executed and usued accord-
ing to law.
That the said John W. Robinson, being so empowered to sell and
negotiate said bonds, did authorize and empower one Robert S»
Stevens to negotiate and sell said bonds, to the amount of eighty*
4
seven thousand two hundred dollars, at any price over sixty per
centum upon the amount of said bonds, he, the said Stevens, paying
to the State no more than sixty per centum of said amount; that
under said agreement, and with the full knowledge and consent of
said Robinson, said Stevens proceeded to sell and deliver a large^
amount of said bonds, to wit : The amount of fifty-six thousand
dollars of said bonds at the rate of eighty-five per centum on said
amount of fifty-six thousand dollars, all of which was well known to>
said Robinson ; and under the said agreement, with the full knowk
edge and consent of said Robinson, said Stevens paid over and accoun-^
ted to said State for only the amount of sixly per centum on said bonda
so sold as aforesaid, which said agreement, so made and entered into
by said Robinson, was in direct violation of the laws of said State
in this : that under the said laws said bonds could not be sold for
less than seventy per centum on the amount of said bonds, and was
in violation of the official duties of the said Robinson in this : that
the said State was, by said agreement, defrauded out of its just
rights, in that said State was entitled to receive the full amount for
which said bonds were sold, while in truth and in fact, with the full
knowledge and consent of the said Robinson, said bonds were sold
for eighty-five per centum upon the dollar of the amount of said
bonds, while in truth and in fact the said State did not receive more
than sixty per centum upon the whole amount of said bonds so sold^^
/
48 pBOOEEDiNas m the
whereby said John W. Robinson betrayed the trust reposed in him
by the State of Kansas, subjected said State to great pecuniary loss,
and has thereby been guilty of a high misdemeanor in said office of
Sectetary of State aforesaid.
ARTIOLE II.
That the said John W. Robinson, as Secretary of State, as afore-
said, being authorized and empowered to negotiate and sell said
bonds as aforesaid, well knowing that by the laws of said State said
bonds could not be sold for less than seventy per centum upon the
dollar of the face of said bonds, and contriying to cheat and defraud
said State in the premises, did secretly enter into the agreement
above set forth with said Stevens, so that said State of Kansas
8|iould realize therefrom only sixty per centum upon the dollar,
well knowing at the time he so made said agreement that said
bonds could be sold for eighty-five per centum upon the dollar of
the amount of the face of said bonds, thereby the said Robinson was
guilty of high misdemeanor in his office of Secretary of State, as
aforesaid.
ARTICLE III.
That the said John W. Robinson, as Secretary of State, as aforesaid}
t>eing authorized and empowered to negotiate and sell said bonds, as
aforesaid, with the guilty intent to cheat and defraud said State oat
of its just rights in the premises, consented that said Stevens, acting
as the agent to sell and negotiate said bonds under the agreement,
aforesaid, should receive said bonds, to wit : Said bonds to the
amount of eighty-seven thousand two hundred dollars, with all the
^sonpons for the semi-annual interest upon said bonds attached to
4ndd bonds; and the said Stevens, with the full knowledge and
^consent of said Robinson, received said bonds with said coupons
thereto attached; and included among the coupons so attached,
were coupons for the semi-annual interest due on the amount of said
bonds on tho first day of January, A. D. 1862, being the first semi-
annual interest payable on the amount of said bonds; that said
Stevens, with the full knowledge of said Robinson, did not sell and
negotiate the bonds so sold by him until after said coupons for the
first semi-annual interest became due and payable, to wit : After the
first day of January, A. D. 1862, and at the time said, so sold as
aforesaid, were sold by said Stevens; said Stevens, with the full
knowledge and consent of said Robinson, detached from the said
IMPBAOHMSNT 0ABI8. 48
bonds fer tbe sum of eigHty-seven thoasand two hundred dollan, tlie
said coupons for the first semi-annnal interest npon the amount of
said bonds, which said semi-annnal interest had not then aocmed
against the State, and with the full knowledge and consent of said
Robinson, presented said coupons so attached, to the Treasurer of
said State, and received from said Treasurer the full amount of thd
semi-annual interest upon the amount of said bonds, amounting to
three and one-half of one per centum upon the whole amount of
bonds BO sold, to wit : upon the said sum of eightynseTen thousand
two hundred dollars, whereby the said Robinson was guilty of high
misdemeanor in his office of Secretary of State, ss aforesaid.
ARTICLE IV.
That the said John W. Robinson, as Secretary of State, as afore-
said, being empowered and authorized to sell and negotiate said
bonds, as aforesaid, was thereby constituted the agent of the Slate
aforesaid, for the negotiation and sale of said bonds, and that while
acting as such agent, and without any authorities of law therefor,
authorized and empowered one Robert S. Stevens, aforesaid, to sell
and negotiate said bonds, and entrusted to said Stevens for the pur-
pose of selling and negotiating the same, a large amount of said
bonds, to wit : bonds to the amount of eighty-seven thousand dollars ;
that he took no security or other guaranty from said Stevens that
he would preserve the State from loss while he so held, negotiated
and sold bonds, as aforesaid, whereby said Robinson was guilty of
high misdemeanor in his said office of Secretary of State, as afore-
said.
ARTICLE V.
That the said John W. Robinson, as Secretary of State as afore-
said, entered into a conspiracy with George S. Hillyer, Auditor of
State, and Robert S. Stevens, to cheat and defraud said State in
this : that the said Robinson and the said Hillyer, constituting a
majority of those persons authorized by law to sell and negotiate
bonds, were empowered and authorized to sell and negotiate
bonds, that they, said Robinson and Hillyer, so conspiring as
aforesaid, with said Stevens, did secretly, in the city of Washington,
in the District of Columbia, whither they had gone for the purpose
of carrying out and consummating said conspiracy, well knowing at
the same time that stud bonds could be sold for more than the sum
4
<W paoonDiNas in thx
of seveaty per oentom upon tlie amount of the faoe of said bonds,
and without making any e£Fbrt to. sell or negotiate isaid bonds, entered
into an agreement with said Stevens, constituting and ap-
pointing said Stevens the agent of the State aforesaid for the
sale of said bonds, whereby said Stevens was to receive all the pro-
^eeeds of said bonds above the amount of sixty per centum upon the
face of the bonds he should so sell, and the said Hillyer and said
Robinson, entrusted to said Stevens, bonds of the said State which
.which they so empowered and authorized to sell as aforesaid, to the
amount of eighty-seven thousand two hundred dollars, to be sold
and negotiated by him under the agreement aforesaid, and said
Robinson, Hillyer and Stevens well knew that at the time said
agreement was so made as aforesaid, and it was so understood be-
tween them, that said bonds could be sold to the Gk)vemment of the
United States at the rate of eighty-five per centum on the dollar of
the amount of said bonds, and the said Stevens thereafter, with the
full knowledge and consent of said Hillyer and Bobinson, proceeded
to sell and did sell said bonds to the amount of fifty-six thousand
dollars at the rate of over seventy per centum upon the face of said
bonds, to wit : at the rate of eighty-five per centum on the face of
said bonds, and with the full knowledge and consent of said Robinson
and Hillyer, did receive for said bonds, so sold, to wit : bonds to
the amount of fifty-six thousand dollars, payment at the rate of
eighty-five per centum upon the dollar of said amount, to wit: the
sum of forty-seven thousand and six hundred dollars; which said
amount the said State was entitled to receive for said bonds, but the
said Stevens, acting under the said agreement heretofore set forth
between him and the said Robinson and Hillyer, and in carrying
out said conspiracy, to cheat and defraud said State, and with the
full knowledge, consent and connivance of said Robinson and Hillyer,
paid over to said State, as the full amount to which said State was
entitled, only the sum of thirty-three thousand six hundred dollars,
being only sixty per centum upon the amount of bonds, so by said
Stevens sold, as aforesaid, whereby said State was cheated and de-
frauded by said conspiracy, out of the sum of fourteen thousand
dollars; and the said Robinson further conspiring with said Hillyer
and said Stevens to cheat and defraud said State, together with said
Hillyer, under a preconcerted fraudulent agreement between said
Bobinson, Hillyer and Stevens, entrusted to said Stevens under the
said fraudent agreement, the said bonds of said State to the amount
of eighty-seven thousand two hundred dollars with the coupons
IMPBAOBiaiTT 0A8XB. ^1
tbereanto attached for the first senti-annual interest npon the amount
of said bonds, which said interest by the terms of said coupons be-
came due on the first day of January, A. D. 1862, and the said
Bobinson and the said Hillyer well knew that said Stevens did not
sell the bonds so, as aforesaid, sold by him until after said first day of
January, 1862, and the said bonds were not so sold unMl after that
time, and at the time said interest by the terms of siud coupons
became due and payable, the whole amount of said bonds, to wit :
to the amount of eighty-seven thousand two hundred dollars, were
still the property of sud State, which said Robinson and Hillyer
weU knew that the said Stevens in carrying out the before mentioned
ooDspiracy to cheat said State, with the full knowledge, consent and
connivance of said Robinson and Hillyer, while said bonds were the
property of said State, and before the same or any part thereof had
been sold, detached said coupons from said bonds, and with the like
knowledge, consent and connivance of said Robinson and Hillyer,
and in the furtherance of said conspiracy said Stevens did present
flud coupons to, and received from the Treasurer of said State the
full amount of said first semi-annual interest upon said sum of
-eighty-seven thousand two hundred dollars, amounting to three
thousand and fifty-two dollars, whereby, by this conspiracy, afore-
said, the State of Kansas was cheated and defrauded by said Rob-
inson, as Secretaiy of State, as aforesaid, conspiring with said
Hillyer as Auditor of State, as aforesaid, and said Stevens, out of
the sum of three thousand and fifty-two dollars, whereby the said
Bobinson was guilty of high misdemeanor in his offioe of Secretary
of State, as aforesaid.
ARTICLE VI.
That the said John W. Robinson as Secretary of State, as afore-
said, under the laws of said State, was authorized and empowered
to procure the printing of the ^' Banking Law'' submitted to the
votes of the people of said State at the general election in November,
1861, where practicable, in one newspaper in each county in the
State ; and whereas he well knew that no newspaper was published
in the county of Wabaunsee in said State, permitted and consented
that one J. F. Gummings should, in fraud of said law and said
State, print said law in what purported to be a newspaper printed
and published in the county of Wabaunsee, styled the '^ Wabaunsee
'62 nocoBiDiiiaB m thx
Patriot," wbioh said pretended newspaper was printed and pnbliahed
as said Robinson well knew, for the sole purpose of defrauding said
State out of the fees for the publication of sud '' Banking Law/'
and the said Robinson afterwards, well knowing all the feots above
stated, oertifled that the account of said Gununings for said pretended
publication was correct, and the amount thereof due from said State
to said Cummings, to wit : the amount of three hundred and forty-
four dollars, which amount said Cummings by yirtue of said certifi-
cate, drew from the Treasury of said State the said amount, and the
said Robinson well knew that in so certifying as aforesaid, he was
cheating and defrauding said State, whereby said John W. Robipson
was guU^ of high misdemeanor in his said office of Secretary of
State, aforesaid.
ARTICLE VII.
Thatsaid John W. Robinson, as Secretary of State, as aforesaidi
was guilty of high misdemeanor in his said office in thi§ : that the
said John W. Robins(m, as Secretary of State, as aforesaid, was by
the laws of said State, entrusted with the duty of countersigning
oertain bonds of said State issued under the proTiaions of an act
entitled '^ An act to authorise the State of Kansas to borrowmoney
to repel invasion, suppress insurrection and defend the State in time
of war," approved May 7th, A. D. 1861 ; and whereas, by said law
the bonds of said State were authorised to be issued for the sum of
twenty thousand dollars, and no more, he, the said John W. Robin-
son, countersigned bonds pretended to be issued under the provisions
of said law, to the amount of forty thousand dollars, of which said
bonds so countersigned by him, thirty-one thousand dollars were
negotiated and sold, which said act of said Robinson in counter-
signing more than twenty thousand dollars was in violation of law
and to the great damage of said State ; thereby said Robinson was
guilty of high misdemeanor in his said office of Secretary of State.
ARTICLE VHL
That the said John W. Robinson, as Secretary of State, as afore-
said, was in conjunction with the Auditor and Treasurer of said
State, authorised and empowered by the laws of the said State of Kan-
to receive bids for the public printing for said State, for the year
IMPXAaHMSNT 0A818. 5S
A. D. 1861, and to award oontraots for the same to the lowest
TospoiiBible bidder or bidden. That the eaid John W. Bobinson, aa
Seoretaiy of State, as aforesaid, acting in oonjnnotion with the
Auditor and Treasurer of said State, as aforesaid, did, on the tenth
day of June, A. D. 1861, award to Trask ft Lowman, printers and
publishers, of Lawrenoe, Kansas, the contract for the Legislative
Printing for the year A. D. 1861, as the lowest bidders for that
branch of the public printing for said year; and the siud John W.
Bobinson, as Seoretaiy of State, as aforesaid, did officially notify the
said Trask ft Lowman that the said contract had been so, as aforesaid,
awarded to them, and requiring them, the said Trask ft Lowman, to
come forward within the time prescribed by law, and ftle their bond,
conditioned for the faithful performance of said printing so awarded
to them, that the said Trask ft Lowman did ftle in the office of the
said Secretary of State, within the time prescribed by law, a good
and sufficient bond, in manner and form ss required by law, con-
ditioned for the faithful and legal performance of the said printing
so aa aforMdd awarded to them; that the said bond wss approved
by the Seoretaiy in his official capacity, and by him duly filed in his
office ; that a few days after the filing of said bond, and its approval
as aforesaid, the said John W. Bobinson, Secretary of State, as
aforesaid, did consent to the withdrawal of the bid of said Trask ft
Lowman for said Legislative printing, and, the aforesaid bond by
«aad Traak ft Lowman, so as aforesaid filed in the Secretary's office,
and the said bid and bond were withdrawn ; in consequence of which
Ae contract for the said Legislative printing, had to be and was
acwarded to the next lowest bidder, whereby the State suffered great
feouniary damage, and the said John W. Bobinson, Se(netary, as
aforesaid, did violate his official oath, and became goil^ of a high
misdemeanor against the said State.
And the House of Bepresentatives of said State of Kansas, saving
to themselves the liberty of exhibiting at any time hereafter any
ftirther articles or other aocusaUon or impeachment against the said
John W. Bobinson, and also of replying to his answers hereto, and
of offering proof to all and every of the aforesaid articles, and to all
and every other articles of impeachment or accusation, which shall
he exhibited by them, as the case shall require, do demand tl^t tfie
iaid John W. Bobinson may be put to answer the misdemeanor as
herein charged, and that such proceedings, examinations, trials and
54 vmwaammm m tbb
jud^pnentB may be theTeupon had and giYen as are agreeable 16^
j«0tioe.
SAMUEL A. STINBON,
Attorney €kneral.
P. B. Plumb, 'j
AzsL SpAULDinay [ Managers on the part of the
F. W. POTTBE, y
. . W. R. Wagstaff, I House of Representatives,
' Dayiss Wilson, J
The foregoing are the articles of Impeachment duly prepared by~
the Honse of Eepresentatives of the State of Kansas, against John.
W. fiobinsoD, on the twentieth day of February, A. D. 1862.
M. S. ADAMS,
Speaker of House of Representativea.
JOHN FRANCIS,
Ghief Clerk Houae of BepretentatiTee.
SsNATx Chamber, )
Friday, February 21st, 1862. J
Mr. Ingalb offisred the Miowing resolutioD, aad moved its
adoption :
Resolved, That the Secretary be directed to issue a summons tb
John W. Robinson, Secretary of the State of Kanaas, to answer
eertain articles of impeachment exhibited against him by the House
of Representatiyea on Thundiiy the 20th instant, and that the saia
summons be returnable on the 24th day of February, and be served
at least one day before the return day thereof.
Mr. Lynde moved to strike out the " 24tV' and insert the << 25ih''
in the resolution.
Lost.
The question recurring upon the ori^nal resolution offered by Mt.
IngaUs, it was
Adopted.
The Rules as amended by the Committee of the Whole were
ordered to be printed for the use of the Legislature.
IM9XA0HMSNT 0A8SB. *6S>
BULES TO BE OBSEBYED IN CASES OF IMPEACH-
MENT.
1. When the Senate shall receive notice from the Honse of
Bepresentatiyes that Managers are appointed on their part to
conduct an Impeachment against any person, and are directed to.
carry such articles to the Senate, the Secretary of the Senate shall
immediately inform the Honse of Bepresentatiyes that the Senate is
TewAf to receive the managers for the purpose of exhibiting such
ariicles of impeachment agreeable to said notice.
2. When the managers of an impeachment shall be introduced to
the bar of the Senate, and shall have signified that they are ready to
exhibit articles of impeachment against any persons, the President
of the Senate shall inform the managers that the Senate is ready to
receive the same, after which they shall be read and delivered, and
the President shall inform the managers th^t the Senate will take
proper order on the subject of the impeachment, of which due notice
shall be given to ^ House of Bepresentatiyes.
3. Thereupon a summons shall issue, directed to the person o«
persons impeached, in the manner fbUowing :
COUBT OF IMPEACHMENTS.
The Senate of the State of Kansas, to Qreeting i -
Wbsbeas, The House of Bepresentatiyes of Kansas, did, on the
day of , exhibit to the Senate articles of impeachment
agunst you, the said , in the words following, (here recite.tlie
articles,) and did demand that you the said should be
put to answer the accusations as set forth in said articles, and that such
proceedings might be had agreeable to law and justice. You, the
siJcl ^ are hereby summoned to be and appear before
the Senate of the State of Kansas, at their Chamber in Topeka, on
thej day of , then and there to answer to the said artitdes of
impeachment, and then and there to obey and perform such orders
and judgments as the Senate of the State of Kansas shall make in
the premises according to the Constitution of the State. Hereof
fidl not.
H^Witness jJfPrerident of the Senate, at Top eka, thig
day of
^^* .-. . .; ♦.;
§6 pRoonDiNOs nr thx
The said rammona shall be attested by the Seeretary of the
Senate, and serred by the Sergeani«t-Anns, or such other person
as the Senate shall specially appoint for that purpose who shall serre
Ae same in acoordanoe with the forms next hereafter given.
4. A precept shall be indorsed on said writ of summons as
foUowc
Oonrt of Impeachments, >
State of Kansas. J "'
The Senate of the State of Kansas to , Greetmg,—
You are hereby commanded to deliver to and leave with ,
if he can be found, a true and attested copy of the within writ of
iummons, together with a copy of this precept, showing him both,
or in case he cannot with convenience be found, then you are to
leave true and attested copies of the said summons and precept, at
his usual residence or place of business, and in whatsoever way the
service is performed, let it be done at least days before the
appearance day mentioned in the said writ of summons, thereof fail
Bot, and make return of this writ of summons and precept, with
your proceedings endorsed thereon, on or before the appearance day
named in 4aid summons.
Witness , President of the Senate, at Topeka, this
day of ; which precept shall be attested by the Seo-
retaiy of the Senate.
6. Subpoena shall be issued by the Secretary of the Senate, upon
application of the managers of the impeachment or of the pari
impeached, or of his counsel in the following form, to wit :
To , Greeting : —
You and each of you are hereby commanded to appear before the
Senate of the State of Kansas on the day of ,then and
there to testify your knowledge in the cause which is before the
Senate, in which the House of Bepresentatives have impeached
■ ■ Hereof fail not
Witnes s ■ , President of the Senate, this day of
— — ^; which shall be attested by the Secretary.
The subpoena shall be directed to the proper oflioer of the Senate,
in manner following, wit : —
lUFBAOHMBNT 0A8X8. 57
THE SENATE OF THE STATE OF KANSAS,
To the Sergeant-atr Anns :
Ton are hereby commanded to serve and return the within
mbpoena, according to law.
Dated at Topeka, this day of A. D.
6. The President of the Senate shall direct all forms of pro-
ceedings not specially provided for by the Senate ; he shall also be
mnthorised to employ such assistance as may be necessary to serve
all proeesB required during the trial.
7. At twelve o'clock of the day appointed for the return of the
summons against the person impeached, the Legislative and Execu-
tive business of the Senate shall be suspended, and the Secretary
shall administer an oath to the returning office as follows ? " You
do solemly swear that the return made and subscribed by you upon
the process issued on the day of , by the Senate of the
State of Kansas, against , is truly made, and that you have
performed said service as therein described, so help you God ;"
which oath shall b6 entered at large upon the records.
8. The person or persons impeached shall then appear and answer
ibt artioles of impeachment against him. If he appear in person or
Vj Attorney, it shall be recorded; the record stating the person
appearing, and the capacity in which he appears. If there be no
mppearanoe in person or by Attorney, the fkct shall also be recorded.
9. At twelve o'clock of the day appointed for the trial of an
impeachment, the Legislative and Executive business of the Senate
shall be postponed. The Secretary shall then administer the follow-
ing oath to the President : '* You do solemnly swear that in all
things pertaining to the trial of the impeachment of ,
j<>n will do impartial justice, according to the law and the evidence.''
The President shall administer the same oath to each Senator
present; after which the Secretary shall notify the House of Bepra-
sentatives, or the person or persons who may have been chosen by
the House of Bepresentatives, to represent sud House of fiepresen-
tatives upon the trial, that the Senate is ready to proceed upon the
impeaohmentof , in the Senate Chamber of the State
of Kansas.
10. Counsel for the parties shall be admitted to appear and be
heard upon an impeaohment.
fiS PB00m>ni€MB IK TBM
11. All motionB made by the managers, the paitiei or their
connael, shall be ia writings directed to the President, read by the
Secretury, and decided by yeas and nays without debate, by the
Senate, all of which shall be entered on the records.
12. Witnesses shall be sworn in the manner following : — ^* You
do^solemnly swear (or affirm) that the evidence yon shall giye in the
ease now pending betweea t|ie State of ELansas and ,
shall be the truth, the whole truth, and nothing but the truth, d^
help you God.'' The oath shall be administered by the Secretary*
13. Witnesses shall be examined in chief by the party producing
them, and cross-examined in the usual form.
14. If a Senator be called as witness, he shall be sworn, and
give his testimony standing in his place.
15. If a Senator wish a question put to a witness, it shall be
reduced to writing and put by the President.
16. Upon the return day of the summons, a day shall be fixed b j
the Senate, not less than three days from said return day, for tiie
trial of the impeachment. Should it be made to appear upon the
said return day, by affidavit of the party impeached, or one of thf
managers of the impeachment, that essential witnesses for th0
(fl^osecution or defense cannot be present| from sickness, absence, oc
other disability, the Senate may grant commissioners to take tha
depositions of suchivitnesses, and assign the trial of said impeachment
fo) such day as shall seem reasonable and just.
Sxi^ATS Ohambbr 1
Monday, Febmaiy 24, A. D. 1862, 2 o'clock, P. M. |
Senate called to order.
President in the chair.
The Miowiiig ooaunmiioaiion to the President waa read i by the
Seeretarj:
ToPEKA, February 24th, 1882.
E&n, J. R Boot, PrtridenU of tU Smwie of the StaU qf. Kanta*:;
»
gn^ : — ^Xhe undersigned have i^e honor to inform the Senate that*
they have been retained aa couDsel for Hm. John W. Robinsoo^
SBorataiy of State, and that they are now present, ready to appear
for him, and m^e answer to any Articles of Impeachment which
may be exhibited against him by the House of Bepresentatives
before the Senate, when sitting as a Court of Impeachment,
and duly. sworn in the manner prescribed by the Constitution of the
State.
We have the honor to be,
Most respectfully,
Your Obedient serv^ts.,
WILSON SHANNON,
F. P. STANTON,
N. P. CASE.
The Sergeant-at-Arms having returned the following writ of
summons against John W. Robinson, the following path was admin-
istered to him by the Secretary of the Senate :
" Tou do solemnly swear that the reftum mad^ and avbsorlhed^by
yim upon thapioeeas iwued on the 22d day of February by ^le
SMiste of the State of Kanaa^, against John W. Bobinson is truly
mnde, and tihst you hav^ performed said service as therein describe^^
•0 help you fiod/^
Court of Impeaohmefita, )
SMaofKaiiaaa. )
The Senate of the State of Kansarf, To John W. Robmsetfr
Greeting:
Whereas, the ,Hou8c of Representatives of Kansas did, on the
20th day of February, exhibit to the Senate, Articles of Impeach-
ment against you, the said John W. Robinson, in the words fol-
lowing :
(Here follows the Articles of Impeachment as set out in a former
part of these proceedings.)
<90 PBOoin>niot m thi
im^HlH bsmd that yov, the said John W. Bobiuon^ should be
pvt to aurwer the aoousatioiiB as set forth in said Articles, and that
: anoh proceedings might be had agreeable to law and jnstioe. Yotiy
'the said John W. Robinson, are hereby summoned to be and appear
•before die Senate of the State of Kansas, at their chamber in
Topeka, on the 24th day of February, then and there to answer to
the said Articles of Impeachment, and then and there to obey and
perform such orders and judgment as the Senate of the State of
Kansas shall make in the premises, according to the Constitution of
the State. Hereof fail not
Witness, J. P, BOOT.
President of the Senate.
Done at Topeka, this 28d day of February, A. D. 1862.
Attest:— A. R. BANKS,
Secretary of the Senate.
Oourt of Impeachments, \
State of Eiansas. j "'
The Senate of the State of Kansas, To J. Pigman, (Greeting:
You are hereby commanded to deliTer to and leare wiA John W.
Bobinson, if he can be found, a true and attested copy of the within
"Writ of summons, together with a copy of this precept, showing
Um both, or in case he cannot with conyenienee be found, then you
;are to leave true and attested copies of the said summons and pre-
oept at his usual residence, or place of businaas; and in whatever
way the serrice is performed, let it be done at least one day before
the appearance day mentioned in the said writ of sumnons ; thereof
fidl not, and make return of this writ of summons and precept widi
your proceedings endorsed thereon, on or before the appearance day
named in said summons.
Witness : J. P. BOOT,
President of the Senate.
Done at Topeka, this 22d day of February, A. D, 1862,
Attest:— A. B. BANKS,
Secretary of the Senate.
IMPIAOHIIXMT CA8B8. 61
[INDOBSXD.]
I hereby certify that I serred the within precept and writ of
snmmoDs on John W. Sobinson, by deliyering to him a correct
copy on the 22d day of February, A. D. 1862, at 11 o'clock
A. M.
J. 8. PIGMAN,
Sergeant-at-Arms of the Senate.
Betnmed and filed this 24th day of Febrnary, A. D. 1862.
A. R. BANKS,
Secretary of the Senate.
Mr. Ingalb moved that the Senate do now resolve itself into a
High Conrt of Impeachment.
Carried.
The President announced 'Hhe High Court of Impeachment for
the State of Kansas now in sesssion.^'
The Secretary proceeded to administer the following oath to the
" You do solemnly swear that in all things pertaining to the trial
of the Impeachment of John W. Robinson, you will do impartial
justice, according to the law and the evidence.'^
Whereupon Messrs. Bancroft, Broadhead, Connell, Curtis, Denmaa''
Essick, Gunn, Hoffinan, HoUiday, Hubbard, Ingalls, Lambdin,
Lynde, McDowell, Morrow, Osbom, Rees, Roberts, Spriggs and
Stevens took the following oath, which was administered by the
President :
" You do solemnly swear that in all things pertaining to the trial'
of the impeachment of John W. Robinson, you will do impartiat
justice, according to the law and the evidence."
Mr. Sleeper took the following affirmation, which was adminis-
tared by the President :
*' You do solemnly affirm that in all things pertaining to the trial
of the impeachment of John W. Robinson, you will do impartial
justic, according to to the law and the evidence."
I • Hon. Wilson Shannon, counsel for the defendant, moved the
Court that the Senator from Johnson, (Mr. Keeler,) be sent for bj
"^2 PBOOSEBIirGS IK THB
the Court, and that he be required to take the oath prescribed by
,tha Constitution.
Upon whioh) the yeas and nays being taken, the vote resulted as
Allows :
Ayes 15. Noes 4.
Ayes— Bancroft, Broadhead, Connell, Curtis, Essick, Gunn, Hoff-
man, Holliday, Hubbard, Lynde, Morrow, Rees, Roberts, Spriggs,
Stevens.
Nays — Ingalls, McDowell, Osbom, Sleeper.
And so the motion prevailed, and the Sergeant«t*Arms was sent
for Mr. Keeler.
Sergeant-at-Arms returned with Mr. Keeler, when the President
administered to him the following oath :
.^' You do solemnly swear that in all things pertaining to the trial
of the impeachment of John W. Robinson, you will do impartial
justice, according to the law and the evidence.
The Hon. Fred. P. Stanton, counsel for the defendant, John W.
Robinson, presented the fallowing plea in his behalf:
Plea.
'Court of ImpeachmentB. ^
The State of Kansas,
vs.
John W. Robinson, See. of State.
And the said John W. Robinson, Secretary of State of the State
of Kansas, by his Attorneys, Wilson Shannon, Frederick P. Stanton,
and Nathan P. Case, comes here into Courts and praying leave of
the Court to save, and to reserve to himself the same right of ob-
jection to all or any of the foregoing charges against him, preferred
by the Honorable, the House of Representatives, of the State,
which he might or would have in case a demurer to the same were
here filed, and not confessing or admitting the constitutional
authority of the Court in the premises, or the sufficiency in law of
all or any of the sud charges for the purpose intended, says he is
not guilty of the said supposed high crimes and misdemeanon in
u>ffice, or any of them laid to his charge, in manner and form, as
IMPXAOHHBIfT OASIS. 08
the Honorable, the House of BepresentatiTes have, shove theieof
in and by the said charges, oompUined against him.
JOHN W. ROBINSON,
Seoretaiy of State, &e.,
By his Attorneys,
Wilson Shannon,
P. P. Stanton,
Nathan P. Gasb.
Hon. S. A. Stinson, coonsel for the State, offered the following
motion:
The managers, on the part of the House of Bepresentatives, do
now move that the Court adjourn until to-morrow at 4 o'olook, P. M.,
in order that they may present the plea of the defendant to the House,
and reoeiye their instructions.
Upon which the vote was taken with the following result:
Ayes 20. Noes 1.
^jes — ^Broadhead, Gonnell, Curtis, Essiok, Ounn, Hoffinan,
HolUday, Hubbard, Ingalls, Eeeler, Lambdin, Lynde, McDowell,
Morrow, Osbom, Bees, Boberts, Sleeper, Spriggs, Stevens.
Noes — ^Bancroft.
And so the motion prevailed, and the Court adjourned until
to-morrow, 4 o'clock P. M.
SiNATX Chambbb, \
Tuesday, February 25, 4 o'clock, j
The High Court of Impeachment being in session, Messrs. Bamett,
Oenman and Lappin appeared and took the following oath, which
administered by the President :
" You do solemnly swear that in all things pertaining to the trial
of the impeachment of John W. Bobinson, you will do impartial
justice, according to the law and the evidence."
Hon. S- A. Stinson, on behalf of the managers, moved the Court
to adjourn until to-morrow at 10 A. M., for the purpose of permitting
64 PBooKSDnroB m thx
ibe XBAaagen to complete and perfect their reply to the answer of
the defendant.
Upon which the yeaa and najB weite taken, with the following
reenlt:
Ayes 22. Nays 2.
Ayes — ^Bancroft, Bamett, Broadhead, Oonnell, Curtis, Denman,
Gunn, Hofiinan, Holliday, Hubbard, Ingals, Eeeler, Lambdin,
Lappin, McDowell, Morrow, Osbom, Bees, Boberts, Sleeper, BpriggSy
Stevens.
Noes — ^Bancroft, Lynde.
And so the motion to adjourn prevailed.
JSenats Chambmb, \
Wednesday, Feb. 26, 1862, 10 o'clock, A. M. j
Gourt assembled.
The President presiding.
Hon. S. A. Stinson, on behalf of the managers, presented the
fbllowing RepliccUumy to the Plea of the Defendant :
Beplication by the House of Bepresentatives of the State of Kansas
to the plea of John W. Bobinson, Secretary of State, exhibited
against him by the House of Bepresentatives.
The House of Bepresentatives, by their managers, reply to the
plea of John W. Bobinson, Secretary of State heretofore, to the
Articles of Impeachment preferred against him, and charge that the
said Articles are true, and that the said John W. Bobinson is guil^
of all and sundry the matters contained in the said Articles of
Impeachment, and that the said House of Bepresentatives are ready
to prove against him at such convenient time and place as the Senate
shall appoint for that purpose.
SAMUEL A. STINSON,
Attorney Oeneral.
P. B. Plumb,
AzsL Spaulding,
F. W. POTTEB,
W. B. Wagstait, ( BoMe of i?epreMnto^tic<. J|
Managers on the part o/ the
Dayies Wilson,
I:
mPlAOHUBirF 0A8B8. 65
The Hod. Wilson SKannon, ooonBel for the defendant, presented
the following joint motion :
We moTe the Court to adopt the following Rule, in relation to
depositions.
Rule. — That either party may take depositions of witnesses
residing out of the State of Kansas, or of persons who cannot be
present at the trial from sickness, absence, or other disability, by
fiyin^ the adverse party the usual notice required by law. All
epoeitions, when so taken, shall be directed to the President of ^e
Senate of the State of Kansas, and by him opened on the written
request of either party, or their Attorneys, they may be taken hQ&re
the same officers and certified in like manner, as required by law in
other cases.
February 25th, 1862.
SHANNON, STANTON & CASE,
Attorneys for Defendant
SAMUEL A. STINSON,
On the part of the Managers.
Upon which the TOte was taken with the following result :
Ayes 18. Noes none.
Ayes — Messrs. Bancroft, Barnett, Broadhead, Connell Denman,
Essick, Gunn, Hubbard, Lambdin, Lynde, McDowell, Morrow,
Osbom, Rees, Roberts, Sleeper, Spriggs, Stevens.
The Hon. S. A. Stinson presented fte following motion on behalf
of the managers :
The managers move the Court that the trial of John W. Robinson
be fixed for the second Monday of April, A. D. 1862.
The Hon. Wilson Shannon moved to amend by striking out '* the
second Monday of April,'' and inserting '< the first Monday in June''
instead.
Hon. S. A. Stinson, on behalf of the managers, submitted the
following motion to the Court :
That the Court do now adjourn until half-past seven o'clock, P.
M.y to-day.
Upon which the vote was taken with the following result :
Ayes 21. Noes none.
Ayes — Messrs. Bancroft, Barnett, Broadhead, Connell, Curtis,
Essick, Ounn, HoUiday, Hubbard, Ingalls, Keeler, Lambdin,
66 FBOOXiniN<M IN THX
Lynd«, McBowelL Morrow, Osbom, Reos, Boberts, Sleeper, Springs,
Stevens.
And 00 the motion to adjourn preyailed.
EVENING SESSION.
February 26, 7 o'clock, P. M.
Oonrt called to order.
The President presiding.
The managers of the House of Representatives appeared at the bar
of the Senate, and Mr. Plumb, on their behalf, read the following
communication :
Mb. President : — ^The board of mani^ers have been instructed
by the House of Representatives to exhibit to the Senate the fol-
lowing Articles of Impeachment against Charles Robinson, Governor,
and George S. Hillyer, Auditor, of which the Senate heretofore had
notice.
P. B. PLUMR, Chairman.
The following Articles of Impeachment against Charles Robinson
were read by the Secretary:
ARTICLES OP IMPEACHMENT
Preferred by the House of Representatives on behalf of themselves
and all the people of the State of Kansas, against Charles Robinson
Governor of said State, for high misdemeanors ib office.
ARTICLE I.
The he, the said Charles Robinson, being Governor of the State
of Kansas, was authorized and empowered by the laws of said State
as such Governor, to sign certain bonds of said State, issued under
the provisions of an act entitled ^'An act to authorize the State of
Kansas to borrow money to repel invasion, suppress insurrection
IMPEACHHXNT CASES. 67
and to defend the State in time of war/' approved May 7tk, 1861,
to wit : bonds to the amount of twenty thousand dollars ; and the
said Governor pretending to act under the provisions of said law?
did, in violation of his official duty, sign bonds to the amount of
forty thousand dollars ; that of said bonds, so signed, there were
sold and disposed of bonds to the amount of thirty-one thousand
dollars, whereby said State was subjected to great pecuniary loss.
And the said Charles Robinson as Governor, as aforesaid, was guilty
of high misdemeanor in his said office of Governor.
ARTICLE II.
That the said Charles Robinson was, by the law of the said State
of Kansas, duly authorized and empowered, together with the Auditor
and Secretary of State, of said State, to sell and negotiate certain
bonds of said State, the issuance of which was authorized by '^An
act to authorize the negotiation of one hundred and fifty thousand
dollars of the bonds of the State of Kansas, to defray the current
expenses of the State," approved May 1st, 1861, and an act supple-
mental thereto, approved June 8d, 1861 ; and whereas, it was pro-
vided by law that said bonds should not be sold for less than seventy
cents on the dollar, the said Charles Robinson, disregarding said
law and his official obligation to said State, did, together with said
Auditor and Secretary, conspire with one Robert S. Stevens, to
cheat and defraud said State in this : that the said Robinson, as
Governor, as aforesaid, did agree and consent that said Stevens
should receive a large amount of said bonds, to wit : Bonds to the
amount of eighty-seven thousand two hundred dollars to be sold by
him, said Stevens, for such price as he might obtain therefor, and
that said Stevens should account to and pay over to said State no
more than sixty cents on the dollar of the bonds he should so sell,
and said Stevens did receive, with the knowledge and consent of
sud Robinson, the bonds aforesaid of said State, to said amount of
eighty-seven thousand two hundred dollars, and said Stevens did
sell said bonds to the amount of fifty-six thousand dollars with the
knowledge and consent of the said Robinson, for eighty-five cents
on the dollar, and paid over and accounted to said State for sixty
eents and no more on the dollar of the bonds so sold, whereby
the laws of said State were violated, said State defrauded, and the
•said Robinson was guilty of high misdemeanor in his said office of
_ >
Governor.
I
68 PBOOXEDINaS IN THX
ABTIOLB m.
Thatthe said Oharles Robinson, as Gh>T6rnor, as aforesaid, agreed
and consented that said Stevens should receive and sell said bonds, aa
aforesaid, pajing over and accounting to said State for no more than
sixty cents on the dollar, when he, the said Bobinson, well knew and
understood that said bonds could be sold for said price of eighty-
five cents on the dollar, whereby the said Robinson was guilty of
high misdemeanor in his said office of Governor of said State.
ARTICLE IV.
That the said Charles Robinson, as Oovernor, as aforesaid, agreed
to and with said Auditor and Secretary of State, that any arrange-
ment which might be made to sell said bonds for sixty cents on the
dollar, would receive his sanction, and consent, whereby said Robinson
consented and agreed to a violation of the law of said j^te, and was
thereby guilty of high misdemeanor in office.
ARTICLE V.
That the said Charles Robinson, as Governor, as aforesaid, di^
officially consent to approve of the said aforesaid sale of bonds of
he State of Kansas, whereby the said State realized the said sum of
sixty per cent, on the dollar, whereby the said Robinson became
guilty of a high misdemeanor in office.
And the said House of Representatives, saving and reserving to
themselves the liberty of exhibiting at any time hereafter, anj
further articles or other accusation or impeachment against Charles
Robinson, and also of replying to his answers hereto, and of offering
proof to all and every one of the aforesaid Articles of Impeachment
or accusation, which shall be exhibited to them as the case may
require, do demand that the said Charles Robinson may be put to
answer the misdemeanors herein charged, and that such proceedingS|
examination, trials and judgements may be thereupon had and given^
as are agreeable to justice.
SAMUEL A. STINSON,
Attorney Oeneral.
P. B. Plumb, ^
Azbl'^Spaulding, I Managers on the part of the
P. W. POTTBB, S'
W. R. Wagstaff, j Haiue of Representatives.
DayIKB WiLBONy J
IMPIAOHMSNT 0A8S8. 69
The following oommonioation to the President waa reoeived and
lead: ^
ToPKKA, Feb. 26, 1862.
Him, J. P. Root^ PreM&U of ih» Senate of tKe StcUe of Kansas :
Sib : — ^The ondersigned hare the honor to inform the Senate that
ihey have been retained as eonnsel for the Hon. Charles Robinsoni
GoTomor of this State, and that they are now present and ready to
appear for him and make^an answer to any Articles of Impeaehment
which may ba exhibited against him by the House of Bepresenta-
tiv66 before the Senate, when sitting as a Court of Impeaohment,
and duly sworn, in the manner prescribed by the Constitution of
the State.
We haye the honor to be,
Yerj respeotfidly,
X our obedient serr'ts,
WILSON SHANNON,
F. P. STANTON,
NATHAN P. CASE.
The following Articles of Impeachment against Gteorge S. Hillyer>
Auditor of State, were read by the Secretary :
ARTICLES OF IMPEACHMENT
Exbibited by the House of Representatives of the State of Kansas,
forthemselTes, and on behalf of all the people of said State, against
George S. Hillyer, Auditor of said State, in maintenance of
their Impeachment agunst said Hillyer, for high misdemeanor in
office.
ARTICLE L
That the said Oeorge S. Hillyer, as Auditor of State of the State
of Kansas, was, together with the Secretary of State and Gtovemor
of said State, by the laws of said State, authorised and empowered
to negotiate and sell the bonds of the State, the issuance of which
was prorided for in the act authorising the negotiation of one hun-
dred and fifty thousand dollars of the bonds of the State of Ejmsas,
to defray the current expenses of the State, approred May 1st.
1861.
That bonds of the State of Kansas to defiray the current expenses
at the State aa aforesaid, were prepared, executed and issued accord-
ing to law.
That the said Oeorge 8. HiUyer, being so empowered to sell and
70 FBOOSEDINQS IN THE
negotiate said bonds, did authorize and empower one Robert 8.
Stevens to negotiate and sell said bonds to tbe amount of eighty-
seven thousand two hundred dollars at any price over sixty per
oentum upon the amount of said bonds, he, said Stevens paying to
the State no more than sixty per centum of said amount ; •that under
said agreement, and with the full knowledge and consent of said
Hillyer, said Stevens proceeded to sell and deliver a large amount
of said bonds, to wit : the amount of fifty-six thousand dollars of
said bonds at the rate of eighty>five per centum on said amount of
fifty-six thousand dollars, all which was well known to said Hillyer,.
and under the said agreement with the full knowledge and consent of
said Hillyer, said Stevens paid over and accounted to said State for only
the amountof sixty percent, upon said bonds so sold, which said agree-
ment BO made and entered into by said Hillyer, was in direct viola-
tion of the laws of said State in this : that under said laws, said
bonds could not be sold for less than seventy per centum on the
amount of said bonds, and was in violation of the official duty of
said Hillyer in this: that said State was, by said agreement,
defrauded out of its just rights, in that said State was entitled to
receive the full amount for which said bonds were sold, while in
truth and in fact, with the full knowledge and consent of said
Hillyer, said bonds were sold for eighty-five per oentum upon the
dollar, and the State did not receive therefrom more than sixty per
centum upon the bonds so sold, whereby said Hillyer betrayed the
trust reposed in him by the State of Kansas, subjected said State to
great pecuniary loss, and has thereby been guilty of high misde-
meanor in his said office of Auditor of State aforesaid.
ARTICLE II.
That the said Qeorge S. Hillyer, as Auditor aforesaid, well know-
ing that by the laws of said State, said bonds could not legally be
sold for leas than seventy cents on the dollar, contriving to oheat
and defraud said State in the premises, did secretly enter into the
agreement above set forth, with said Stevens, by which said Stevens
should realize therefrom only sixty cents on the dollar, well knowing
at the time he so made said agreement, that said bonds could be
sold for eighty-five cents on the dollar, whereby said Hillyer was
guilty of high misdemeanor in office.
;x^
IMPBAOHMENT CASKS. 71
ARTICLE III.
That said George S. Hillyer, as Auditor, as aforesaid, with the
guilty intent to cheat and defraud the State out of its just right in
the premises, consented that said Sterens, pretMiding to act as tlie
agent of said State to sell and negotiate said bonds, should receive
the bonds, so as aforesaid entrusted to him for sale, with all the
coupons for the semi-annual interest upon said bonds, attached to
said bonds, and the said Stevens with the full knowledge and con.
sent of said Hillyer, received said bonds with said coupons thereto
attached ; and included among the coupons so attached, were cou-
pons for the semi-annual interest due on the amount of said bonds
on the first day of January, A. D. 1862, being the first semi-annual
interest payable on the amount of said bonds ; that said Stevens
with the full knowledge of said Hillyer, did not sell and negotiate
the bonds so sold by him until after said coupons for the first semi-
annual interest became due and payable, to wit : after the first day
of January, A. D. 1862, and at the time said bonds so sold as afose-
Bud, were sold by said Stevens, said Stevens, with the full know-
ledge and consent of said Hillyer, detached from the said bonds so
received by him, the said coupons for the first semi-annual interest
upon said bonds which said semi-annual interest had not then
accrued against the State, and with the full knowledge and consent
of said Hillyer, presented said coupons so attached, to the Treasury
of said State, and received from said Treasury, and secured from
said Treasury the full amount of the semi-annual interest upon the
amount of said bonds so received by him, said Stevens, whereby said
Hillyer was guilty of high misdemeanor in his said office.
ARTICLE IV.
That said G^rge S. Hillyer, as Auditor aforesaid, being em-
powered and authorised to sell and negotiate said bonds, as aforesaid,
did, frithout due authority of law, authorise and empower one Robert
S. Stevens, to sell and negotiate said bonds of said State bo entrusted
to him, and entrusted said bonds to said Stevens for the purpose of
selling and negotiating said bonds; that he took no security, or
guaranty from said Stevens, that he, said Stevens, would deal fiiirly
and honestly by said State, and to secure the State from loss while
said Stevens so held, or negotiated and sold said bonds, whereby
said Hillyer was guilty of high misdemeanor in his said office of
Auditor of State as aforesaid.
72 PBO0XSDINO8 IN THE
AETICLB V.
That the said George S. B[aiyer,a8 Auditor of State, as aforesaid,
did enter into a oongpiracy with John W. Bobinson, Secretary of
State, and said Robert S. Stevens, to cheat and defraud said State in
this : that the said Hillyer, and the said Bobinson constituting a
majority of those persons authorised by law to sell and negotiate
said bonds, conspiring, as aforesaid, with said Stevens, did secretly,
in the city of Washington, in the District of Columbia, whither they
had gone for the purpose of carrying out and consummating said
conspiracy, well knowing at the time that said bonds could be sold
for more than the sum of seventy cents on the dollars, and without
making any effort to sell or negotiate said bonds, entered into an
agreement with said Stevens, constituting and appointing said
Stevens the agent for the sale of said bonds, whereby said Stevens
was to receive all the proceeds of said bonds above the amount of
sixty per centum on the dollar, and the said Hillyer and said
Bobinson, entrusted to said Stevens, bonds of said State which
they were so authorised and empowered to sell to the amount
of eighty-seven thousand two hundred dollars, to be sold and
negotiated by him under the agreement aforesaid, and said
Hillyer well knew that at the time said agreement was so made
as libresaid, and it was so understood between them, that said
bonds could be sold to the Government of the United States at the
rate of eighty-five per centum on the dollar, and the said Stevens
thereafter, with the full knowledge and consent of said Hillyer pro-
ceeded to sell and did sell said bonds to the amount of fifty-six
thousand dollars at the rate of over seventy per centum on
the dollar, to wit: at the rate of eighty-five cents on the
dollar, and with the full knowledge and consent of said Bobinson
and Hillyer, did receive for bonds, so sold, payment at the rate
of eighty-five cents on the dollar of said amount, to wit: the
sum of forty-seven thousand six hundred dollars; which sidd
amount the said State was entitled to receive for said bonds, but the
said Stevens, acting under said agreement heretofore set forth
between him and the said Bobinson and Hillyer, and in carrying
out said conspiracy, to cheat and defraud said State, paid
over to said State, as the full amount to which said State was
entitled, only the sum of thirty-five thousand six hundred dollan,
being only sixty per centum upon the amount of bonds, so by said
Stevens sold, as aforesud, whereby said State was cheated and de-
IMPEAOHMXNT OASES. 78
frauded by Bud oonspiracy, out of the sum of fourteen thousand
dollars, whereby sud Gkorge 8. HiUyer ' was guilty of high
misdemeanor in his said offioe.
ARTICLE VI.
And the said George S. HiUyer, as Auditor of State, as aforesaid,
further conspiring to cheat and defraud said State, did enter into a
conspiracy with said Stevens, and Robinson, whereby the coupons
upon the bonds of said State, so as aforesaid received by said
Stevens, were received upon said bonds as set forth in Article 8, of
tiiese Articles ; and that the said Stevens in receiving the amount
df said coupons as set forth in said Articles, acted in accordance
with a preconcerted design formed with said Hillyer, and said Rob-
inson, to cheat and defraud said State, whereby said State suffered
neat pecuniary damage and loss, and whereby said George S.
HSlyer ^^ guilty of high misdemeanor in office.
ARTICLE Vn.
That the said George S. Hillyer, as Auditor, as aforesaid, did,
together with Robert S. Stevens, and John W. Robinson, Secretary
of State, arrange to go to the city of Washington to assist in the
negotiation and sale of the said bonds hereinbefore described, and
that he, said Hillyer, did proceed to the city of mehington for the
purpose, aforesaid, and that he did then and there represent to James
H. Lane, Senator of the State of Kansas, that if said bonds could be
sold to the Gtorenunent of the United States, whatever might be
realised from said sale would enure to the benefit of the State of
Kansas, and by his said representations induced said Lane to use
Ids influence to assist in said sale, and he, said Hillyer, also repre-
.sented that said sale was to be made by the State officers, and said
Lane was further induced to lend his said influence by the pledge
tnd promise of said Hillyer as Auditor, as aforesaid, that every
-dollar realized from said sale should be paid into the State Treasury,
and that in inducing said Lane to lend his assistance to effeot said
sale, he suppressed and concealed entirely the arrangement hereto-
finre set forth, by which said Stevens was to receive all over sixty
oents on the dollar of said bonds. All of which representations
and pledges of said Hillyer were intentionally false, in this : that
at the time he so made said representations and pledges, the said
Hillyer was acting for the purpose of forwarding an agreement, in
ibese Articles hereinbefore set forth, by which said Stevens was to
74 PBOCXSDINOS IN THB
reoeiye all over sixiy cento on the dollar of said bonds, and said aajb
was effected under said representations and pledges, as aforesaid,
contrary to law, and to the great pecuniary danuige of the State, as
hereinbefore set forth ; whereby said Oeorge S. Hillyer was guilty
of high misdemeanor in office.
And the House of Representatires of said State of Kansas, saving
and reserving to themselves the liberty of exhibiting at anytime here-
after any further articles or other accusation or impeachment against
said Oeorge S. Hillyer, and also of replying to his answers hereto,
and of offering proof to all and every one of the aforesaid articles,
and to all and every other articles of impeachment or accusation,
which shall be exhibited by them, as the case may require, do demand
that the said Geo. S. Hillyer may be put to answer the misdemeanors
herein charged, and that such proceedings, examination, trials and
judgments may be thereupon had and given as are agreeable to
justice.
SAMUEL A. STINSON,
Attorney General.
P. B. Plumb, "J
AzBL Spauldino, ( Managers on the part of the
F. W. POTTBB, V
W. R. Wagstafp, I House of Representatives,
Da VIES Wilson, J
The following oommunioation to the President was received and
read:
ToPBKA, February 27th, 1862.
Em. J. P. Root, PrendeiU of the Senate of the State of Kansai:
Sib : — ^The undersigned have the honor to inform the Senate that
they have been retained as counsel for Hon. George S. Hillyer,
Auditor of State for the State of Kansas, and that they are now
present, and ready to appear for him, and make answer to any
Articles of Impeachment which may be exhibited against him bj
the House of Ilepresentatives before the Senate, when sitting as a
Court of Impeachment, and duty sworn in the manner prescribed
by the Constitution of the State.
We have the honor to be,
Very respectfdllj,
Your Obedient serv^ts.,
WILSON SHANNON,.
F. P. STANTON,
NATHAN P. CASE.
IMPSAOHBOaCT 0A8B8. 71^
The hour having arrived to whieh the Court adjourned^ the Pres-
ident announced the *^ High Court of Impeachment for the Stale
of Kansas is now in session/'
The Seeretary prooeeded to administer the following oath to the
President :
*' You do solemnly swear that in all things pertaining to the trial
of the Impeachment of Charles Robinson, you will do impartial
justice, according to the law and the evidence.'^
Whereupon Messrs. Bamett, Bancroft, Bi*oadhead, Connell, CurtiB
Denman, Essick, Gunn, Holliday, Hubbard, Ingalls, Keeler. Lamb-
din, McDowell, Morrow, Osborn, Rees, Roberts, Spriggs and'
Stevens took the following oath, which was administered by the
President :
'^ You do solemnly swear that in all things pertaining to the trial
of the impeaohment of Charles Robinson, you will do impartial
justice, according to the law an4 the evidence.''
Mr. Sleeper took the following affirmation, which was adminis-
tered by the President :
" You do solemnly affirm that in all things pertaining to the trial
of the impeachment of Charles Robinson, you wilt do impartial
justic, according to to the law and the evidence."
And thereupon the Secretary administered the following oath to
the President :
'^You do solemnly swear that in all things pertaining to the trial
of the impeaohment against George S. Hillyer, you will do impar-
tial justice according to the law and the evidence.^
pf
Whereupon, Messrs. Bancroft, Barnett, Broadhead, Connell, Cur-
tis, Penman, Essick, Gunn, Holliday, Hubbard, Ingalls, Keeler,
Lambdin, McDowell Morrow, Osborn, Rees, Roberts, Spriggs and
Stevens took the following oath, which was administered by the
President :
" You do solemnly swear that in all things pertaining to the trial'
of the impeachment of George S. Hillyer, you will do impartial
justice, according to the law and the evidence."
76 PBOOUDINOS IK THl
Mr. Sleeper took the following affirmfttion, which was adminis-
tered by the Preeident:
"You do solemnly affirm that in all things pertaining to the trial
•of the impeachment of George S. Hillyer, you will do impartial
JQStioe, according to law and the eyidenoe/'
Hon. Wilson Shannon, counsel for Oharles Robinson and C^rge
8. Hillyer, defendants, waived service except so much as required
the Secretary to Aimish copies of the Articles of Impeachment
•exhibited by the House of BepreaentatiTes to the Senate against
them.
Hon. Wilson Shannon, counsel for the defendants, filed the
following Plea to the Articles of Impeachment against Oharles
Bobinson :
Oourt of Impeachments. \
The dtate of Kansas, f pj^
Oharles Bobinson, Governor of said State. J
And the said Oharles Bobinson^ Governor of the State of
Kansas, by his Attorneys, Wilson ^Shannon, Frederick P. Stanton,
and Nathan P. Oase, comids here into Oourt, and praying leave of
the Oourt to save, and to reserve to himself the same right of ob*
jection to all or any of the foregoing charges against him, preferred
by the Honorable, the House of Bepresentatives, of the State,
which he might or would have in case a demurer to the same were
here filed, and not confessing or admitting the constitutional
authority of the Oourt in the premises, or the sufficiency in law of
all or any of the said charges for the purpose intended, says he is
not guilty of the said supposed high crimes and misdemeanors in
. office, or any of them above laid to his charge, in manner and form, as
the Honorable, the House of Bepresentatives have, above thereof
f in and by the charges, complained of against him.
OHABLES BOBINSON,
February 26, 1862. Governor.
By his Attorneys,
Wilson Shannon,
F. P. Stanton,
JTathan p. Oabb.
\
\
IMPXAOHBfXNT OABXB. 77
Hon. Wibon Sliannon, ootmsel for the defendant, filed the
following Plea to the Artioles of Impeaehment against George S.
Hillyer:
The Stale of Kansas, >
Connty of Shawnee, j
Court of Impeachment,
The State of Kansas, I p,
Geo. S. Hillyer, Auditor of State.
Aod the said George S. Hillyer, Auditor of State of the Stote of
Kansas, by his Attorneys, Wilson Shannon, Frederick P. Stanton,
and Nathan P. Case, comes here into Court, and praying leave of
the Court to save and reserve to himself the same right of objection
to all or any of the foregoing charges against him, preferred by the
Honorable, the House of Bepresentatives of the State, which he
might or would have in case a demurer to the same were here filed,
and not confessing or admitting the constitutional authority of the
Court in the premises, or the sufficiency in law of all or any of the
said charges for the purpose intended, says he is not guilty of the
said supposed high crimes and misdemeanors in office or any of
them above laid to his charge in manner and form, as the Honorar
ble, the House of Representatives have above thereof in and by the
charges complained of against him.
GEORGE S. HILLTEB.
February 27, 1862.
By his Attorneys,
Wilson Shannon,
Frederick P. Stanton,
Nathan P. Case.
Hon. S. A. Stinson, on the part of the managers submitted
the following resolutions :
Mr. President : — ^The managers on the part of the House of
Bepresentatives present the following resolutions, and move their
adoption :
Re$olv€dy 1st. This Court shall always be open for the purpcie
of filing additional Articles of Impeachment against any or all of
the persons impeached, or other pleadings, for tne purpose of filing
precipes for witnesses, the issuing of summons, and all interlocu-
tory matters which may require only the action of the officers of
the Oburt,
78 PROCEEDINGS IN THE
2d. The board of managers may, at any time before trial, file
additional Articles of Impeachment, of which filing the party against
whom said Articles shall be filed, or his counsel shall haye notice
and a copy of such additional Artichvs, and the said party shall plead
thereto within six days after the filing of said Articles, unless the same
shall be filed when this Court is in session ; and in that case, the
said party shall have such time to plead thereto as the Court shall
direct.
And the question being, '^ shall the resolutions be adopted f" the
vote resulted as follows :
Ayes — Messrs. Bancroft, Barnett, Broadhead, Connell, Curtis,
Denman, Essick, Gunn, HolUday, Hubbard, Ingalls, Keeler, Lamb-
din, McDowell, Morrow, Osborn, Rees, Roberts, Sleeper, Spriggs,
fitevens — ^21,
And so the resolutions were adopted.
Hon. S. A. Stinsoa, on the part of the managers, withdrew the
^motion that he offered this morning in relation to the time of oom*
mencing the trial of John W. Bobinson on the first Monday in April
next.
Hon. S. A. Stinson, on the part of the managers, submitted the
following motion :
Moved, that this Court will proceed to the trial of the impeach-
ment of John W. Robinson the first Monday of June, A. D. 1862,
and to the trial of George S. Hillyer on the first Thursday, 1862,
and to the trial of Charles Robinson on the second Monday of June.
1862.
, Hon. Wilson Shannon, counsel for defendants, moved to amend by
striking out all in said motion which relates to the trial of Charles
Robinson.
Upon which the vote resulted as follows :
Ayes — ^Bancroft, Broadhead, Essick, Gunn, HoUiday, Ingalls,
Morrow, Roberts, Stevens — ^9.
Noes — Connell, Curtis, Denman, Hubbard, Keeler, Lambdin,
McDowell, Osborn, Rees, Sleeper, Spriggs — 11.
And so the motion did not prevail.
Mr. Ingalls moved that the Court do now adjourn until Friday at
7 o'clock, P. M, • •
IMPBAOHMENT 0ASB8. 79
Upon whMh t]i« vote was as follows :
Ayes 13. Noes 7.
Ayes— Messrs. Bancroft, Barnett, Broadhead, Oonnell, Curtis,
DenmaD, Essiok, Gunn, Ingalls, Lambdin, McDowell, Osbom,
Sleeper.
Noes — ^Messrs. HoUiday, Hubbard, Keeler, Morrow, Roberts^
Spriggs, Stevens.
And so tbe motion prevailed.
Senate Chamber, |
Friday, February 28, A. D. 1862. j
Court called to order.
Tbe President presiding.
Mr. Ingalls offered the following resolution, wbicb was adopted :
Heiolvedy That one hundred copies of the Articles of Impeach-
ment, exhibited by the House of Representatives, against Clharles
Robinson, George S. Hillyer, and John W. Robinson, together with
the Answers and Replecations of the parties and managers, and the
Sreliminary proceedings connected therewith, in the House and
«nate, be prmted for the use of the Legislature.
On motion, the Senate adjourned until to-morrow morning at 10
o'clock.
OotJRT ChAMBBB, )
Friday, February 28, 7 o'clock, P. M. j
The Court opened by the following proclamation firom the
8ergeant-at-Arms :
'^ yes ! yet I O yez ! The High Court of Impeachment!
for the State of Kansas, is now in session.^'
MenAers present :
80 mOCMXDlHQB IN THX
Hessn. Bancroft, Barnett, Broadhead, Gon&ell, Cnrik, Eflaek^
Gonn, HoUiday, Hubbard, Ingalls, Keeler, Lambdin, McDowelI|
Morrow, Osbom, Bees, Roberts, Sleeper, Spriggs and Stevens.
Present — Hon. S, A. Stinson, and the Board of Managers on the
part of the Honse of Bepresentatives.
Charles Bobinson appeared in person, and Gkorge S. Hillyer,
and John W. Bobinson appeared by his Attorney, Nathan P. Oaae»
Esq.
Nathan P. Oase, counsel for the defendants, submitted the follow*
ing motion :
The State of Kansas, *)
vs. >- Court of Impeachment.
George S. Hillyer, Auditor of State. )
The defendant, by his attorneys, move the Court here that the
Sergeant-at-Arms be ordered to bring into Court, Hon. E. Lynde
and Hon. S. E. Hoffman, that they may be sworn as members of the
Court.
SHANNON, STANTON & CASE,
Attorneys for Defendants.
Upon which the vote was taken with the following result :
Ayes 19. Noes none.
Ayes — ^Bancroft, Bamett, Broadhead, Connell, Curtis, Gunn^
Holliday, Hubbard, Keeler, Lambdin, Lynde, McDowell, Morrow,
Osbom, Bees, Boberts, Sleeper, Spriggs, Stevens.
And so the motion prevailed.
Mr. Lynde appeared and took the following oath, which was
administered by the President :
"You do solemnly swear that in all things pertaitting to the trial
of the impeachment against Charles Bobinson, you will do impartial
justice according to the law and evidence.^'
Mr. Lynde took the following oath which was administered by the
President :
" Tou do soleomly swear that in aK tihings pertaining to the trial
of the impeachment i^ainst George S. Hilleyer, you will do impartial
justice according to t£e law and evidence*''
Hon. P. W. Potter, on the part of the managers, filed the following
Beplication to the pleas in the case of Charles Bobbson :
IMPEACHMENT OASES. 81
BeplicatioB of the House of Representatiyes of the State of Kansas
to the plea of Charles Robinson, Governor of said State, to the
Articles of Impeachment exhibited against said Charles Robinson
by said House of Representatives.
Now comes the said House of Representatiyes, by its managers,
and saying all manner of exceptions to the form and sufficiency of said
plea, and that the said Charles Robinson is guilty of the charges pre-
ferred'against him in said Articles of Impeachment, in the manner
andform therein alleged, and this they are ready to make appear to
the Senate by proof, at such time and place as the Senate shall
direct.
SAMUEL A. STINSON,
Attorney General.
P. B. Plumb, ^
AzEL Spauldinq, I Managers on the part of the
F. W. Potter, }
W. R. Waqstaff
Dayies Wilson,
W. R. Waqstaff, I House of Representatives,
Hon. F. W. Potter, on the part of the managers, filed the
following Replication to the plea in the case of George S. Hillyer :
Replication of the House of Representatiyes of the State of Kansas,
to the plea of George S. Hillyer, to the Articles of Impeachment
heretofore exhibited against George S. Hillyer by said House of
Kepresentatiyes.
Now comes the said House of Representatiyes, by its managers,
and saying all manner of exceptions to the form and sufficiency of
said plea, say that the said George S. Hillyer is guilty of all and
singular, the misdemeanors charged in the said Articles of Impeach-
ments, in the manner and form therein set forth ; and this they are
ready to make appear by proof, at such tiine and place as the Senate
shall order.
S. A. STINSON,
Attorney General*
P. B. Plumb, ^
W. R. Wagstaff, I Managers on the part of the
F. W. Potter, \
AzKL Spauldinq, I Sotue of Representatives,
Dayibs Wilson, J
Nathan P. Case, Esq., counsel for the defendants, offered the
following amendment to the motion offered on Wednesday last by
Hon. S. A' Stinson :
6
82 PBOOXSDINGS IN THE
On qnestion of continuance, the defendants, by their Attor-
neys, move the Court now that the question be taken in each case
separately.
SHANNON, STANTON A; CASE,
Attorneys for Defendants.
February 28th, 1862.
Nathan P. Case, Esq., counsel for the defendants, moved the
Court that Mr. Hoffinan be now sworn.
Mr. Hoffinan took the following oath which was administered by
the President :
" Tou do solemnly swear that in all things pertaining to the trial
of the impeachment against Charles Robinson, you will do impar-
tial justice, according to the law and evidence.''
Mr. Hoffinan took the following oath, which was administered by
the President:
" You do solemnly swear that in all things pertaining to the trial
of the impeachment against Oeorge S. Hillyer, you will do impartial
justice, according to the law and the evidence.''
Nathan P. Case, counsel for the defendants, withdrew his
motion to amend the motion offered by Hon. S. A. Stinson on
Wednesday.
Mr. Ittgatts submitted the following amendment to Hon. 8.
A. Stinson's motion introduced on Wednesday, and moved its
adoption :
*' I move that the Impeachment of Charles Robinson, Oovemor,
Oeorge S. Hillyer, Auditor, and John W. Robinson, Secretary of
State, be set for trial on Wednesday, the 14th day of May, A. D»
1862."
J. J. INGALLS.
The President decided that under the precedent already set by the
Senate, this motion could not be entertained until the original motion
was disposed of.
Mr. Ingalls withdrew his motion.
The question then recurring upon the original motion offered by
Hon. S. A. Stinson, introduced on Wednesday last,
Upon which a vote was taken with the following result :
Ayes 12. Noes 9.
Ayes — Meessrs. Bancroft, Connell, Curtis, Gunn, HoUiday, Hub-
bard, Lambdin, Lynde, McDowell, Rees, Stevens.
IMPSAOHMENT OASIS. 88
Noes — ^Messrs. Barnett, Broadhead, Essiok, Hoffman, Ingalls,
Morrow, Osborn, Sleeper, Spriggs.
And 80 the motion of Hon. S. A. Stinson prevailed.
Hon. S. A. Stinson, on the part of the managers of the House
of B^presentatives, offered the following motion :
The managers move the Court that the following Bule be adopted :
" That the Assistant Secretary of the Senate is empowered to issue
subpoenas to either party, in the absence of the Secretary of the
Senate, upon the written precipe of either party."
Upon which the vote was taken with the following result :
Ayes — ^Bamett, Bancroft, Broadhead, Connell, Curtis, Denman,
Ounn, Hoffman, HoUiday, Hubbard, Ingalls, Eeeler, Lambdin,
McDowell, Morrow, Bees, Boberts, Spriggs — 18.
Noes — Es sick, Lynde, Osborn, Sleeper, Stevens — 5.
And so the motion prevailed.
Hon. S. A. Stinson submitted the following motion :
" On the part of the managers of the House of Bepresentatives,
" We move the Court to adjourn until the first Monday of June,
A. D. 1862, at 12 o'clock."
Upon which a vote was taken, with the following result :
Ayes 11. Noes 12.
Ayes — ^Bancroft, Connell, Curtis, Keeler, Lambdin, McDowell,
R^es, Boberts, Spriggs, Stevens.
Noes — Bancroft, Broadhead, Denman, Essick, Hofl&nan, Holliday,
Hubbard, Ingalls, Lynde, Morrow, Osborn, Sleeper.
Motion was lost.
Upon request, the President called for a vote of the court upon
the question — ^whether the Court will permit amendments to motions
or not?
Upon which the roll was called with the following result :
Ayes 6. Noes 16.
Ayes— Messrs, Bamett, Essiok, Holliday, Hubbard, Lynde,
Osboro.
84 PBOGESDINGS IN THE
Noes — Messrs. Bancroft, Broadbead, Connell, Curtis, Denman,
Oann, Hoffman, Keeler, Lambdin, McDowell, Morrow, Bees, Boberts,
Sleeper, Spriggs, Stevens.
' And so tbe Court decided tbat amendments to motions sbould not
be entertained.
Mr. Ingalls offiered tbe following motion :
" I move tbat tbe Court do now adjourn until 7 o'clock, on Tues-
day next.''
Upon wbicb a vote was taken witb tbe following result :
Ayes 11. Noes 12.
Ayes — Messrs. Essick, Hoffman, HoUiday, Hubbard, Ingalls,
Lynde, Osborn, Bees, Boberts, Sleeper, Spriggs.
Noes — Messrs. Bancroft, Bamett, Broadbead, Connell, Curtis,
Denman, Ounn, Keeler, Lambdin, McDowell, Morrow, Stevens,
And so tbe motion did not prevail.
Hon. S. A. Stinson, on tbe part of tbe Managers, submitted tbe
following motion :
'^ We move tbat tbe Court do now adjourn to tbe first Monday of
June next, at 11 o'clock, A. M."
Upon wbicb a vote was taken witb tbe following result :
Ayes — Messrs. Brancroft, Broadbead, Connell, Curtis, Denman,
Gunn, Keeler, Lambdin, McDowell, Morrow, Bees, Boberts, Spriggs,
Stevens — 14.
Noes — Messrs. Bamett, Essick, Hoffman, Holliday, Hubbard,
Iifgalls, Lynde, Osborn, Sleeper — 9.
Motion prevailed.
And tbe President announced tbe Court adjourned until tbe first
Monday in June next, at 11 o'clock, A. M.
IMPBAOHBfXNT 0A8XS. 85
AMENDED RULES TO BE OBSERVED IN CASES OF
IMPEACHMENT.
1. Wlien the Senate shall reoeiye notice from the House of
Representatiyes that Managers are appointed on their part to
•eondnct an Impeachment against any person, and are directed to
carry such articles to the Senate, the Secretary of the Senate shall
immediately inform the House of Representatiyes that the Senate is
ready to receiye the managers for the purpose of exhibiting such
articles of impeachment agreeably to said notice.
2. When the managers of an impeachment shall be introduced to
the bar of the Senate, and shall haye signified that they are ready to
exhibit articles of impeachment against any persons, the President
of the Senate shall inform the managers that the Senate is ready to
receiye the same, after which they shall be read and deliyered, and
the President shall inform the managers that the Senate will take
proper order on the subject of the impeachment, of which due notice
shall be giyen to the House of Representatiyes.
8. Thereupon a summons shall issue, directed to the person or
persons impeached, in the manner following :
COURT OF IMPEACHMENT.
The Senate of the State of Kansas, to Greeting :
Whebxas, The House of Representatiyes of Kansas, did, on the
— ^ day of , exhibit to the Senate articles of impeachment
against you, the said , in the words following, (here recite the
articles,) and did demand that you the said should be.
put to answer the accusations as set forth in said articles, and that such
proceedings might be had agreeable to law and justice. You, the
•, are hereby summoned to be and appear before
the Senate of the State of Kansas, at their Chamber in Topeka, on
the day of , then and there to answer to the said articles of
impeachment, and then and there to obey and perform such orders
and judgment as the Senate of the State of Kansas shall make in
the premises according to the Constitution of the State. Hereof
fidl not.
Witness , President of the Senate, at Topeka, this
day—-.
PBOOBSDIKGS IN THE
The said summonB shftll be attested by the Secretary of the
Senate, and served by the Sergeant-at-Arms, or such other person
as the Senate shall specially appoint for that purpose who shall serre
the same in accordance with the forms next hereafter given.
4. A precept shall be indorsed on said writ of summons as
fddlows —
Court of Impeachment, .
State of Kansas
The Senate of the State of Kansas to , Greeting: —
You are hereby commanded to deliver and leave with
if he can be found, a true and attested copy of the within writ of
summons, together with a copy of this precept, showing him both,
or in case he cannot with convenience be found, then you are to
leave true and attested copies of the said summons and precept, at
his usual residence or place of business, and in whatsoever way the
service is performed, let it be done at least days before the
appearance day mentioned in the said writ of summons, thereof fail
not, and make return of this writ of summons and precept, with
your proceedings endorsed thereon, on or before the appearance day
named in said summons.
Witness , President of the Senate, at Topeka, this
day of ; which precept shall be attested by the Sec-
retary of the Senate.
5. Subpoenas shall be issued by the Secretary of the Senate, upon
application of the managers of the impeachment or of the party
impeached, or of his counsel in the following form, to wit :
To , Greeting : —
Tou and each of you are hereby commanded to appear before the
Senate of the State of Kansas on the day of , then and
there to testify your knowledge in the cause which is before the
Senate, in which the House of Representatives have impeached
. Hereof fail not.
Witness , President of the Senate, this day of
" ; which shall be attested by the Secretary.
The subpoena shall be directed to the proper officer of the Senate,
in the manner following, to wit : —
IMPXAOHMENT 0A8B8. 87
THE SENATE OP THE STATE OP KANSAS,
To the Sergeant-at-Anns :
You are hereby commanded to serve and return the within
subpoena, according to law.
Dated at Topeka, this day of A. D.
6. The President of the Senate shall direct all forms of pro-
ceeding not specially proyided for by the Senate ; he shall also be
authorized to employ such assistance as may be necessary to serve
all process required during the trial.
7. At twelve o'clock of the day appointed for the return of the
summons against the person impeached, the Legislative and Execu-
tive business of the Senate shall be suspended, and the Secretary
shall administer an oath to the returning officer as follows ? '* You
do solemly swear that the return made and subscribed by you upon
the process issued on the day of , by the Senate of the
State of Kansas, against , is truly made, and that you have
performed said service as therein described, so help you God;"
which oath shall be entered at large upon the records.
8. The person or persons impeached shall then appear and answer
the articles of impeachment against him. If he appear in person or
by Attorney, it shall be recorded; the record stating the person
appearing, and the capacity in which he appears. If there be no
appearance in person or by Attorney, the fact shall also be recorded.
9. At twelve o'clock of the day appointed for the trial of an
impeachment, the Legislative and Executive business of the Senate
shall be postponed. The Secretary shall then administer the follow-
ing oath to the President : ^' You do solemnly swear that in all
things pertaining to the trial of the impeachment of ,
you will do impartial justice, according to the law and the evidence/'
The President shall administer the same oath to each Senator
present ; after which the Secretary shall notify the House of Bepre-
sentatives, or the person or persons who~ may have been chosen by
the House of Eepresentatives, to represent said House of Kepresen-
tatives upon the trial, that the Senate is ready to proceed upon the
impeachment of , in the Senate Chamber of the State
of Kansas.
10. Counsel for the parties shall be admitted to appear and be
heard upon an impeachment.
88 PBOOSEDINQS IN TfiE
11. All motions made by the managers, the parties or their
oonnsel, shall be in writing, directed to the President, read by the
Secretary, and decided by yeas and nays without debate, by the
Senate, all of which shall be entered on the records.
12. Witnesses shall be sworn in the manner following : — " You
do solemnly swear (or affirm) that the evidence you shall give in the
case now pending between the State of Kansas and ,
shall be the truth, the whole truth, and nothing but the truth, so
help you God." The oath shall be administered by the Secretary.
18. Witnesses shall be examined in chief by the party producing
them, and cross-examined in the usual form.
14. If a Senator be called as witness, he shall be sworn, and
give his testimony standing in his place.
15. If a Senator wish a question put to a witness, it shall be
reduced to writing and put by the President.
16. Upon the return day of the summons, a day shall be fixed by
the Senate, not less than three days from said return day, for the
trial of the impeachment. Should it be made to appear upon the
said return day, by affidavit of the party impeached, or one of the
managers of the impeachment, that essential witnesses for the
prosecution or defense cannot be present, from sickness, absence, or
other disability, the Senate may grant commissioners to take the
depositions of such witnesses, and assign the trial of said impeachment
for such day as shall seem reasonable and just.
17. That either party may take depositions of witnesses residing
out of the State of Kansas, or of persons who cannot be present at the
trial from sickness, absence or other disability, by giving the adverse
party the usual notice required by law. All depositions when so
taken shall be directed to the President of the Senate of the State
of Kansas, and by him opened on the written request of either
party, or their Attorneys ; they may be taken before the same
officers and certified in like manner, as required by law in other
18. This Court shall always be open for the purpose of filing
additional Articles of Impeachment against any or all of the persons
impeached, or other pleadings ; for the purpose of filing precipes
for witnesses, the issuing of summons, and all interlocutory matters
which may require only the action of the officers of the Court.
i
IMPEACHMENT CA8E8. 89
19. The Board of Managers may, at any time before trial, file
additional Articles of Impeacement, of whicli filing the party against
trhom said Articles shall be filed, or his counsel, shall have notice
and a copy of such additional Articles, and the said party shall
plead thereto within six days after the filing of said Articles, unless
the same shall be filed when this Court is in session ; and in that
case, the said party shall have such time to plead thereto as the
Court shall direct.
20. The Assistant Secretary of the Senate is empowered to issue
Bubponas to either party, in the absence of the Secretary of the
Senate, upon the written precipe of either party.
21. Amendments to motions shall not be entertained by the
Court.
Court of Impeachment.
FIRST DAY.
Court Chamber, Topeka,
June 2d, 1862, 11 o'clock
SEA, )
, A. M. J
High Court of Impeacliment for tlie State of Kansas opened
with the following proclamation by the Sergeant-at-Arms :
Oyez! Oyez! OyezI The High Court of Impeachment iff
now open.
The Associate Secretary, C K. Gilchrist, called the Senate to
order.
The roll being called, the following Senators responded :
Messrs Bamett, Essick, Holliday, Hubbard, Ingalls, Keeler,
Knowls, Lambdin, Lappin, Osborn, Bankin, Rees, Roberts, Sleeper
and Spriggs — 15.
Absent — Messrs. Council, Curtis, Denman, Hoffinan, Lynde,
XoDowell, Morrow and Stevens — 8.
Mr. Osborn presented the credentials of Hon. John Bayless,
Senator elect from the 1st Senatorial District, and moved that he
receive the oath of office. Upon which, the ayes and noes being
demanded, the vote resulted as follows :
Yeas — Messrs. Bamett, Easicks, Holliday, Hubbard, Ingalls,
Keelcr, Knowles, Lambdin, Lappin, Osborn, Rankin, Rees, Roberts,
Sleeper, and Spriggs — 15, and so the motion prevailed.
92 PBOOSEDINQS IN THB
N. P. Case, one of Gonnsel for the Defense, objected to Mr. Bay-
less being sworn in as a Senator.
Mr. Ingalls. — ^No one can be permitted to debate the preliminary
questions of organization but Senators, tbey being, under the
•onstitution, the sole judges of the election and qualifications of
their own members. The Attorney for the Defense cannot be
allowed to proceed, and if he continues his impertinent and un-
warrantable interference with our deliberations, the Sergeant-at-
Arms must be directed to conduct the intruder without the bar of
the Senate.
The Secretary hereupon called Mr. Case to order, but as he
insisted on being heard, the Sergeant-at-Arms was ordered to eject
Mr. Case from the Senate, which was accordingly done.
Hon. John Bayless appeared and took the following oath :
The State of Kansas, 1
County of Shawnee,)
I, John Bayless, do solemnly swear to support the Constitu-
tion of the United States and the Constitution of the State of
Kansas, and to faithfully discharge the duties of a State Senator of
the State of Kansas according to the best of my ability, so help
me God.
JOHN BAYLESS.
ToPKKA, June 2, A. D. 1862.
; Sworn to before me, and subscribed in my presence, this 2d
day of June, A. D. 1862.
JACOB SAFFORD,
Judge of the Third Judicial District, State of Kansas.
I Mr. Bees moved that the Court do now adjourn until to-morrow
morning at 11 o'clock. Upon which the roll was called with the
following result :
f Yeas — ^Burnett, Curtis, Essick, Holliday, Hubbard, Ingalls^
I Keeler, Knowlcs, Lambdin, Lappin, Osborn, Bankin, Bees, Roberts^
' Sleeper, Spriggs, Steven«h-17,
And so the motion prevailed, and the Court adjourned until II
o'clock to-morrow morning.
SsNATX Chambfa, I
Tuesday, June 8d, 1862, 11 a. m. j
13enate assembled pursuant to adjournment, the assistant Secre-
icetary preuding.
IMPIAOHMENT OASIS. 98
Qaomm present.
Mr. Ingalls presented the credentials of S. A. Cobb, Senator eleot
£rom the Eighth Senatorial District, and moved that the he receiye
oath of office.
Mr. Holliday.— Can the Senator from Atchison give any infor-
mation as to whether this election has been held under the Gover-
nor's Proclamation, and as to the number of votes cast ?
Mr. Ingalls. — The following documents accompanying the cer^
tificate of the Secretary of State, are the only evidence I have
upon the matter. That certificate alone is sufficient evidence of the
gentleman's right to a seat in this body. For the frurther infor-
mation of the Senate, I read the following election returns :
County Clerks Offios,)
Douglas County, v ss.
State of Kansas. )
The following is a duplicate statement of the number of votes
east at the special ielection held on the 24th day of March, A. D. 1862,
at the within mentioned precincts of the aforesaid County and State,
to fill the vabancy in the office of State Senator of 8th Senatorial
District as returned to this office by the Board of Canvassers.
Freoincts. Stephen A. Cobb*
Wakarusa, - 12 votes.
CHnton, 25 «
Eudora, ........ 68 «
Willow Springs, 32 «
Total number, 187 votes.
In testimony whereof I have hereunto set my hand and official
eeal at office this 81st day of May, A. D. 1862.
x=5^ GEO. W. BELL,
v^y^ County Clerk.
State of Kansas,")
County of Johnson, j *
I, Jesse H. Jackson, County Clerk of Johnson County, do hereby
certify that the following is the number of votes cast in the dif-
ferent precincts of Johnson County for State Senator, at an election
held on the 24th day of March, A. D. 1862.
94 PB0GEEDIN08 IN THB
Pbeoinots. Stephen A. Cobb.
Shawnee, 89 votea.
Olathe, 93
Monticello, 5
Lexington, 82
McCamish, --- 2
(Gardner, - - 29
Total 249 votes.
Monticello caat 5 votes for W. E. Smith, as appears by record in
my office.
In testimony whereof, I have hereto set my hand and affixed the
seal of said Johnson County at office, at Olathe, this 19th day of
May, A. D. 1862.
J. A. JACKSON, Clerk,
By B. P. NoTBMAN, D. C.
Abstract of votes oast at the election held io the County of
Wyandott, State of Kansas, on the 24th day of March, A. D. 1862,
in the 8th District, to fill vacancy caused by the disability and
removal of 0. B. Gunn, Esq., from said body.
Stephen A. Cobb received one hundred and thirty-five votes.
Scattering two votes.
State of Kansas, 1
Wyandott County, )
We the undersigned County Canvassers of said County, do here-
by certify that the above is a correct abstract of the votes cast for
Senator at the election held in said County on the 24th day of
March, A. D. 1862.
FRANCIS KESSLER,
Chairman pro. tem.
Friday, March 28th, 1862.
I hereby certify that the above is a true copy of the abstract of
election held «n the 24th day of March, A. D. 1862, as taken by
the Board of Canvassers on the 28th day of March, A. D. 1862.
In testimony whereof I have hereunto set my hand and affixed
the seal of my office at city of Wyandott, County of Wyandott,
State of Kansas, on this 24th day of May, A. D. 1862.
EDWIN T. VBDDER,
County Clerk.
mPSAOHMXNT OABBS. 96
Mr, Holliday. — ^My object in oalling attention to the matter is to
liaye these returns spread on the record where they will oocapy but
a small space, and be satisfactory for reference.
Mr. Stevens moved as a substitute, that the claims of Hon. 8. A.
Cobb to a seat as Senator in this body, together with all papers and
matters connected therewith, be referred to a Special Committee of
five, to be appointed by the Secretary, which committee is directed
to make report thereon, at 11 o'clock to-morrow morning.
The Secretary pro tern ruled that the motion of Mr. Stevens
could not be entertained in the form of a substitute.
Mr. Stevens. — ^I wish to ask in what capacity this body is now
acting, whether as a Court or a Senate ? My motion was either an
amendment or a subsitute. If we are here as a Senate, the first is
parliamentary. If as a Court, the second is in accordance with the
rules adopted by the Senate for the Government of this High Court
of Impeachment.
Mr. Hubbard. — In meeting here we have but one special object.
We are still a Senate, having but one purpose — ^the trial of these
respondents, impeached by the House of Bepresentatives. We
should, therefore, in all practicable cases, be governed by the rules
firamed by the Senate for the trial of Impeachments. In oases not
covered by those rules, we should be governed by parliamentary
law. The motion of the gentleman from Douglas being one to
refer, is, therefore, a privileged question, and takes precedentiie of
the motion of the Senator from Atchison, and ought to be
entertained.
The Secretary. — I will entertain the motion of the Senator from
Douglas, as a substitute for the original motion.
Mr. Keeler. — In'relation to the admission of Mr. Cobb, who with
me, represents the 8th Senatorial District, let me state what I know
in relation to his election. Mr. Gunn, the former Senator, came
fit)m Wyandotte county. The people of that section, therefore,
claimed the nomination, when the Senate declared the seat vacant,
which was accoorded them, and the name of Stephen A. Cobb being
presented in Johnson county, where I reside, we voted forthat gen-
tleman. I cannot think a shadow of doubt rests upon the right of
Mr. Cobb to a seat in this body.
96 FROOEKDINGB IN THS
Mr. Osborn. — Can the Senator from Atchison inform ub at what
time this gentleman was elected ?
Mr. Ingalls. — It was at the general spring election.
The roll was called upon the amendment with the following
result:
Ayes — Messrs. Barnett, Denman and Stevens. — 3.
Nays — Messrs, Bayless, Connell, Curtis, Essiok, Holliday, Hub-
bard, Ingalls, Eeeler, Knowles, Lambdin, Lappin, McDowell,
Osborn, Rankin, Rees, Roberts, Sleeper and Spriggs. — 18.
And so the amendment was lost.
The question recurring on the original motion of Mr. Ingalls, the
roll was called with the following result :
. Ayes — Messrs. Bayless, Connell. Curtis, Denman, Essick, Holli-
day, Hubbard, Ingalls, Keelor, £nowles, Lambdin, Lappin,
McDowell, Osborn, Rankin, Rees, Roberts, Sleeper and Spriggs.—
19.
And so the motion prevailed.
Mr. Holliday moved that all the papers pertaining to the election
of Hon. S. A. Cobb, as State Senator, be spread upon the minutes^
Upon which the roll was called with the following result :
Yeas — Messrs. Bamett, Bayless, Connell, Curtis, Denman, Essiok^
Holliday, Ingalls, Knowles, Lambdin, McDowell, Osborn, Rankin,
Bees, Roberts, Sleeper, Spriggs and Stevens. — 18.
Nays — Messrs. Hubbard, Keeler and Lappin. — 8.
And so the motion prevailed.
The Hon. S. A. Cobb came forward and took the following oath,,
which was administered by John T. Morton, Esq., Clerk of the U.
S. District Court for the district of Kansas.
impxachmxiit oases. 97
Thx United States of Amxrioa,
State of Kansas,
County of Sbawnee.
I, Stephen A. Cobb, do solemnly swear that I will support the
Constitution of the United States and the Constitution of the State
of Kansas, and that I will faithfully disoharge the duties of a
Senator of the State of Kansas according to the best of my ability,
80 help me God. ^
^ STEPHEN A. COBB.
Topeka, June 3d, 1862.
Sworn to and subscribed before me this 3d day of June, A. D.
1862.
JOHN T. MORTON,
Clerk of the District Court of the United States,
f<Mr the District of Kansas.
Mr. Sleeper moved that the Senate do now proceed to elect a
President pro tempore,
Upon which the roll was called with the following result :
Yeas — Messrs. Barnett, Bayless, Cobb, Council, Curtis, Denman,
Essick, Holliday, Hubbard, Ingalls, Keeler, Knowles, Lambdin,
Lappin, McDowell, Osbom, Rees, Roberts, Sleeper, Spriggs and
Steyens — ^21.
And so the motion prevailed.
Mr. Sleeper nominated T. A. Osborn of Doniphan County.
Mr. Connell nominated J. H. McDowell, of Leavenworth County.
Mr. Essick nominated J. M. Hubbard, of Waubaunsee County.
Mr. Barnett nominated John J. Ingalls, of Atchison County.
Mr. Stevens nominated C. G. Keeler, of Johnson County,
Mr. Keeler nominated C. K. Holliday, of Shawnee County.
Whole number of votes 22.
Necessary to a ehoioe 12.
First Ballot :
For Mr. Osborn,
Messrs. Bayless, Curtis, Euiowles, Lambdin, Rankin, Roberts,
Sleeper, Spriggs — 8.
98 PB00EXDINQ8 IN THE
For Mr. Ingalk,
Messrs. Barnett, Cobb, Hubbard, Lappin — 4.
For Mr. McDowell,
Messrs. Connell, Denman, Keeler — 3.
For Mr. Keeler,
Messrs. HoUiday, McDowell, Osborn, Steyens — 4.
For Mr. Habbard,
Messrs. Essick, Ingalls, and Rees — 8.
No gentleman having received a majority of all the votes oast,
there was no choice, and the Senate proceeded to the
Second Ballot, as follows :
For Mr. Osborn,
Messrs. Bayless, Curtis, Ejiowles, Lambdin, BAukin, Robertst
Sleeper, Spriggs — 8.
For Mr. Ingalls,
Messrs. Barnett, Cobb, Hubbard, Lappin— 4.
For Mr. Hubbard,
Messrs. Essick, Ingalls, Bees, HoUiday — 4.
For Mr. McDowell,
Messrs. Connell, Denman and Keeler — 3.
For Mr. Keeler,
Messrs. Osborn, Stevens — 2.
For Mr. HoUiday,
Mr. McDowell— 1.
No gentleman having received a majority of all the votes cast,
there was no choice, and the Senate proceeded to a
Third Ballot, as follows :
For Mr. Osborn,
Messrs. Bayless, Curtis, Knowles, Lambdin, Bankin, Bees,
Sleeper, Spriggs-^8.
IMPSAOHMENT GASES. 99
For Mr. McDowell,
Messrs. Connell, Denman, Holliday, Keeler, Stevens — 5.
For Mr. Hubbard,
Messrs. Essick, Ingalls — 2,
For Mr. Ingalls,
Messrs. Barnett, Cobb, Hubbard, Lappin — 4.
For Mr. Holliday,
Mr. McDowell— 1.
For Mr. Essick,
Mr. Osborn — 1.
For Mr. Knowles,
Mr. Roberts — 1.
No gentleman baring received a majority of all the votes cast,
the Senate proceeded to the
Fourth Ballot, as follows : ^.^o
For Mr. Osborn,
Messrs. Bayless, Curtis, Enowles, Lambdin, Rankin, Robert8|
Sleeper, Spriggs — 8.
For Mr. Ingalls,
Messrs. Barnett, Cobb, Hubbard, Lappin — i.
For Mr. McDowell,
Messrs. Connell, Denman, Keeler — 3.
For Mr. Hubbard,
Messrs. Essick, Ingalls, Rees — 3.
For. Mr. Keeler,
Messrs. Holliday, McDowell, Osborn, Stevens — 4.
And no gentleman receiving a majority of all the votes oast,
there was no election.
r^f^.'^p^KPn
100 PBOOXlDINOa XS TSK
Hr. Ingalls moved
That ihe Coort adjourn until 3 o'clock, P. M.
Lost.
Hr. Curtis moTod
That the Court adjourn till 2 o'clock P. H., and
The motion prevailed.
AFTERNOON SBSSION.
Tuesday^ 2 o'clock P. %.
Senate assembled.
Quorum present.
On motion of Mr. Eeeler,
A call of the Senate was ordered and the Sergeant-at-Arms sent
for absentees.
Messrs. Morrow, Lynde and Hoflhian, were excluded ftt)m the
call.
The Sergeant-at-Anns having returned with Messrs. Denman^
Bees, and Spriggs,
Further proceedings under the call were dispensed with.
The Senate under the order of unfinished business, proceeded ta
the fifty ballot for president pro tempore, with the following result :
For Mr. Osbom,
Messrs. Bayless, Curtis, Enowles, Lambdin, Rankin^ Bees^
Roberts, Sleeper, and Spriggs — 9.
For Mr. McDowell,
Messrs. Gonnell, Eeeler, Penman, Stevens-^.
For Mr. Ingalls,
Messrs. Bamett, Cobb, Essick, HoUiday, Hubbard, Lappin— 6.
For Mr. Hubbard,
IMFSAOHMSMT 0A8K8. 101
Messrs. Ingalk, Osboni — 2.
For Mr. Holliday,
Mr. McDowell— 1.
No gentleman having reoeived a majority of all the yotes ciit,
there was no election, and the Senate proceeded to the
Sixth Ballot, with the following result :
Por Mr. Ingalls,
Messrs. Bamett, Oobb, Hubbard, Lappin*-4.
For Mr. Osbom,
Messrs. Bayless, Curtis, Keeler, Knowles, Lambdin, Bankin,
Bees, Roberts, Sleeper, Spriggs — 10.
For Mr. McDowell,
Messrs. Gonnell, Denman, Essick, HoIIiday and Stevens—^.
For Mr. Hubbard,
Mr. Ingalls — 1.
For Mr. Holliday,
Mr. McDowell— 1.
There being no choice the Senate proceeded to the
Seyenth Ballot, with the following result :
For Mr. Ingalls,
Messrs. Bamett, Cobb| Holliday, Hubbard, Lappin, Boberta— 6.
For Mr. McDowell,
Misssrs. Connell, Denman, Keeler, Stevena— 4.
' For Mr. Osbom,
Messrs. Bayless. Curtis, Knowles, Lambdin, Bankin, Beea,
•Sleeper, Sprigg»— 9.
For Mr. Hubbard,
Measrs. Ingalls and Osbom — 2.
For Mr. Lappin,
Mr. HcDoweU^l.
102 PROOSEBINQS IN THB
Thi^re being no choice, the Senate proceeded to the
Eighth Ballot, with the following result :
For Mr. Orborn,
Messrs. Bayless, Curtis, Knowles, Lambdin, Rankin, Roberts
Sleeper, Spriggs — 8.
For Mr. McDowell,
Messrs. Connell, Denman, Stevens — 3.
For Mr. Hubbard,
Messrs. Ingalls, Keeler, Osbom, Rees — L
For Mr. Ingalls,
Messrs. Barnett, Hubbard, Lappin — 3.
For Mr. Sleeper,
Mr. Cobb— 1.
For Mr. Cobb,
Mr. Essick — 1.
For Mr. Lappin,
Messrs. Holliday and McDowell — 2.
There being no choice, the Senate proceeded to the
Ninth Ballot, with the following result :
For Mr. Osborn,
Messrs. Bay less, Curtis, Knowles, Lambdin, Rankin, Roberts,
Sleeper, Spriggs — 9.
For Mr. McDowell,
Messrs. Barnett, Connell, Denman, Holliday, Rees and Steyens — 6.
For Mr. Ingalls,
Messrs. Hubbard and Lappin — 2.
For Mr. Spriggs,
Messrs. Essick, Ingalls and Osborn — 3.
For Mr. Stevens.
Mr. Keeler — ^1.
IMPEACHMENT CASES. lOS
For Mr. Denman.
Mr. McDowell— 1.
There being no choice, the Senate proceeded to the
Tenth Ballot, with the following result :
For Mr. Osborn,
Messrs. Bayless, Curtis, Essick, Knowles, Lambdin, Bankin,
Roberts, Sleeper, Spriggs — 9.
For Mr. McDowell ,
Messrs. Connell, Denman, Keeler, Bees, Stevens — 5.
For Mr. Ingalls,
Messrs. Bamett, Oobb, Hubbard, Lappin — 4.
For Mr. Lappin,
Mr. Holliday— 1.
For Mr. Stevens,
Mr. McDowell— 1.
For Mr. Hubbard,
Mr. Ingalls — 1.
For Mr. Spriggs,
Mr. Osbom — 1.
There being no choice, the Senate proceeded to the
Eleventh vote, with the following result :
For Mr. Osborn,
Messrs. Bayless, Curtis, Keeler, Knowles, Lambdin, Rankin,
Bees, Roberts, Sleeper, Spriggs — 10.
For Mr. Ingalls,
Messrs. Barnett, Cobb, Holliday, Hubbard, Lappin — 5.
For Mr. McDowell,
Messrs. Connell, Essick, Denman, Stevens — 1.
For Mr. Essick,
Messrs. McDowell, Osbom — ^2.
104 PE00XBDINO8 IN THE
For Mr. Hubbard,
Hr. Ingalls — 1.
There being no ohoioe, the Senate proceeded to the
Twelfth Ballot, which resulted as follows :
For Mr. Osbom,
Messrs. Bajless, Curtis, Knowles, Lambdin, Rankin, Bees, Roberts'
Sleeper, Spriggs — 9.
For Mr. Hubbard,
Messrs. Barnett, Cobb, Essick, Ingalls, Lappin — 5.
For Mr. McDowell,
Messrs. Connell, Denman, Hollidaj, Stevens — 4.
For Mr. Curtis,
Messrs. Keeler and McDowell — 2.
For Mr. Barnett,
Mr. Hubbard — 1.
For Mr. Essick,
Mr. Osbom — 1.
There being no choice, the Senate proceeded to the
Thirteenth vote, which resulted as follows :
For Mr. Osbom,
Messrs. Bayless, Curtis, Cobb, Knowles, Lambdin, Rankin, Rees,
Roberts, Sleeper, Spriggs — 10.
For Mr. Hubbard,
Messrs. Bamett, HoUiday, Ingalls, Keeler, Lappin. — 5.
For Mr. McDowell,
Messrs. Connell, Denman, Essick, Stevens.-
For Mr. Barnett,
Mr. Hubbard. — 1.
For Mr. Denman,
Mr. McDowell.— 1.
IMPSACHMXNT GASES. 105
For. Mr. Essick,
Mr. Osborn. — 1
There being no choice, the Senate proceeded to the fourteenth
ballot, which resulted as follows:
For Mr, Osborn,
Messrs. Bayless, Connell, Curtis, Penman, Essick, Keeler,
Knowles, Lambdin, McDowell, Rankin, Rees, Roberts, Sleeper,
Spriggs, Stevens. — 15.
For Mr. Ingalls,
Messrs. Bamett, Cobb, Hubbard, Lappin. — 4.
For Mr. Hubbard,
Messrs. Holliday, Ingalls. — 2,
Mr. Osborn having received a majority of all the votes, was
declared duly elected President j>ro tern, of the Senate of the State
of Kansas.
The President appointed C. K. Gilchrist, Assistant Secretary,
Secretary pro tern, of the Senate of the State of Kansas, who took
the following oath :
Unitsd Statbs of Ambbica,
State of Kansas.
Shawnee County,
I, G. K. Gilchrist, do solemnly swear that I will support the
Constitution of the United States, the Constitution of the State of
Kansas, and faithfully discharge the duties of Secretary pro tem.
of the Senate of the State of Kansas, according to the best of my
ability; so help me God.
C. K. GILCHRIST,
June 3d, 1962.
Sworn to and subscribed before me, this 3d day of June, A. D.
1862.
T. A. OSBORN,
Preudent pro tem. of the Senate
of the State of Kansas.
Robert Parham was appointed by the President as Assistant Beo-
retary, and after taking the usual oath entered upon the duties of
his office.
106 PBOCEEDINOS IN THE
On motion of Mr. Hubbard
The Senate proceeded to the election of an Assistant Sergeant-at-
Anna.
Whereupon, Charles Clarkson haying received 21 votes, was de-
clared unanimously elected.
Mr. Holliday offered the following preamble and resolution, and
moved its adoption :
Whereas, the names of Messrs. Lynde and Hoffman appear upon
the roll of the Senate, and whereas, said Lynde and Hoffman are
commissioned officers in the military service of the United States,
and whereas, the Senate has determined, by previous action, that
the holding of a military position and a seat in the State Senate are
incompatible, therefore
Resolvedy That a committee of three be appointed by the Chair
to inquire whether Messrs. Lynde and Hoffman are entitled to
seats m this body, and report such action as they may deem
advisable.
The resolution being adopted,
The Chair appointed Messrs. Holliday, Cobb and Essick said
Committee.
Charles Clarkson, Assistant Sergeant-at-Arms, appeared and took
the oath of office.
Messrs. Bayless, Cobb and Rankin took the following oath, which
was administered by the President pro tem.:
*^ You and each of you do solemnly swear that in all things per-
taining to the trial of the impeachment of John W. Robinson, yon
will do impartial justice, according to the law and the evidence ; so
help you God;"
Mr. Rankin offered the following resolution and moved its
adoption :
Resolved, That the Senate hereby authorize the publication of
its proceedings in the trial of the impeachment of Charles Robin-
son, Governor, John W. Robinson, Secretary of State, and George
S. Hillyer, Auditor of State, in the daily Topeka State Record^ in
such form as will be convenient to be bound for the use of the
State, and such proceedings to be reported for publication by the
regular reporters of this body.
IMPEACHMENT OASES. 107
Upon which resolution the yeas and nays were demanded with
the following result :
Ayes — ^Messrs. Bamett, Bayless, Cobb, Connell, Essick, Holliday,
Lambdin, McDowell, Bankin, Bees, Mr. President. — 11.
Nays — ^[essrs. Curtis, Denman, Hubbard, Ingalls, Keeler,
Knowles, Lappin, Boberts, Sleeper, Spriggs and Stevens. — 11.
There being a tie, the President declared that the resolution was
lost.
Mr. Sleeper moved that the Senate adjourn until to>morrow morn>
ing at 10 o'clock.
Lost.
The President announced that the Senate was ready to proceed
to the trial of the impeachmant of John W. Bobinson, Secretary of
State, of the State of Kansas.
Whereupon, the Sergeant-at-Arms proclaimed :
" Oyez ! Oyez ! Oyez ! The High Court of Impeachment of the
State, of Kansas is now open.''
Present. — The Hon. S. A, Stinson, Attorney General of the
State, and the Board of Managers on the part of the House of
Representatives of the State of Kansas.
The Hons. Fred. P. Stanton and Wilson Shannon, and N. P'
(!ase, Es<]., counsel for the respondent.
John W. Bobinson appeared in person.
Mr. Stanton. — Mr. President: — I have a paper here which I wish
to read, and ask that it may be filed and spread upon the Journal of
the Court :
John W. Robinson, by his Attorneys, excepts to these proceed-
ings, and denies the authority of this body, which assumes to be
the Senate of the State of Kansas, sitting as a Court of Impeach-
meat, for the following reasons :
Ist. Because by the Constitution of the State, all impeachments
must be by the Senate, sitting legally for that purpose : whereas
the Senate and House of Bepresentattves, by Concurrent Besolu-
tion, adjourned »m€ die on the 6th day of March last, and cannot
of their own motion, again assemble for any purpose until the time
designated by the Constitution for the regular session.
2d. By the Constitution, the sole power of impeachment is vested
in the House of Bepresentatives. This authority caunOt be delega-
108 PBOOSEDINQS IN THK
ted to any committee or other person whatsoever, and no impeach-
iment can be tried except upon the prosecution of the House of
JKepresentatives, and during the session of \ that body.
3d. The Constitution of the State recognizes the Senate only as
a branch of the Legislature, and there is no authority for any session
of theT Senate, separate and apart from that of its co-ordinate
branch— the House of Representatives.
4th. The supposed law of the last session, entitled '^ An Act
regulating trials of Impeachment, and fixing the compensation of
members and officers of the Court," could not have become a law
until its publication in April last ; supposing said law to be valid
and constitutional, the adjournment of the Court of Impeachment
until the first Monday in June, inst., which took place on the 28th
day of February last, was without authority of law, and absolutely
void. This body is, therefore, now sitting in direct centravention
t of the provisions of the Constitution.
5th. The proceedings of this body, thus irregularly mad unlaw-
-; fully assembled, will be a nullity, and neither its acquittal nor its
woonviction will accomplish any result whatever.
WILSON SHANNON,
FRED. P. STANTON,
NATHAN P. CASE.
The Attorney General of the State, Hon. S. A. Stinsoa, on the
part of the Board of Managers, rose and said :
May it please the Court : We object to the introduction of this
paper, or to its being filed among the records of this Coiui. This
paper, Mr. President, is an insult } neither in form or sttbstanoe is
it respectful to the dignity of this body.
I have yet to know that a party can come into Court and present
a protest against the jurisdiction, and ask that it be filed. Suoh
proceedings are not allowed in any Court of law or justice ; and
ilearned counsel are well aware of the fact that protests are only
iddlowable in legislative proceedings. Suppose these proceedings
\weie taking place in a court of criminal jurisdiction : would counsel
• oonsider that they had a right to enter the court and file a paper of
.this character? If counsel will present these objections in proper
;8hape and form as a plea or motion against the jurisdiction of this
Court to try these impeachments, the Board of Managers on the part
•of the House of Representatives will be found ready to vindicate the
validity of these proceedings. In their name I do object — ^moet^
jiolemnly object — against placing this paper on file.
IMPEACHMENT CA8E8. 10^
Mr. Stanton. — Mr. President, and Gentlemen of ttie Senate: Th«
Attorney General is mistaken in supposing this to be a protest
against the jurisdiction of the Senate to sit as a Court of Impeach-
ment ; it is an objection to the regularity of the present session. It
is no matter whether this paper is filed or not; the objections it
contains cannot help being met. No Senator can refuse to meet
them ; they will be present at every turn : — in the opening of
depositions, in the swearing of witnesses, and in all the details
of these proceedings; they cannot be ignored. I wish the gentlemaii
would show, in our own country or in England, a single case where
an impeachment has been conducted, except by the House of Rep-
resentatiTes acting as a solemn Court of Impeachment while in
session, by its managers, and appearing at times as a body before
the Senate. We present this paper, because it was thought best to
bring up the objections in this form, at the beginning of these
proceedings. If the Senate will hear the arguments now, it will
bring the matter fully before them. It is our candid belief that
these proceedings will be a nullity. This Board of Managers may
be worthy gentlemen, but they have no legal existence. These
proceedings amount to nothing but frivolity. You cannot dodge
the issue.
The Attorney General. — We do not now intend to argue the
questions involved in this paper. What I ask is that there shall be
some legal plea or motion presented here, and when it comes up in^
such shape, we shall undertake to defend the action of the House
of Representatives, and the dignity of this body. We shall under-
take to show that you are not guilty of the frivolity of which you-
are accused by the learned counsel. We do not expect to dodge the
issue. When these objections come regularly before this body, we
can and will meet them.
Mr. Stanton. — I suggest to the Attorney General that this paper
is merely asked to be filed as a Bill of Exceptions. We intend the
placing it on record as a basis of proceedings in other courts. We^
are aware that no appeal can be taken from the judgment of this
body, if it shall decide affirmatively on its right to proceed at this
time. But there is collateral action involved. The officers im«
peached may try to stay a judgment depriving them of office.
Writs of quo tcarranto may issue, and thus the subject come
regularly before the Supreme Court, the highest tribunal of the
State. In this way the whole matter will be brought up. We
110 PROOEEDINOS IN THE
intended no disrespect to any gentleman, by the objections, or the
form in which they are presented. 1 do not think any gentleman
will think, for an moment, that we had any such intention.
Mr. Stevens.— I would like to ask the Attorney Grentral if an
agreement is not possible, by which we may hear these important
questions argued by counsel before the Senate ?
The Attorney General. — ^The subject is not before the Senate in a
proper form to be argued.
Mr. Stanton. — We do not object to the Senate sitting as a Court
of Impeachment, but we do not recognize this body in that capacity.
We cannot, therefore, objectto the jurisdiction of a court which is not
a court. Counsel associated with me have examined this question,
and we solemnly believe that there is truth contained in the matter
presented in this paper. We should be sorry to see Kansas placed
in the false position which this trial will give her before the
country : a position different from that of any other State ; a reality
that is, at the same time, a nullity.
15y request of a Senator, the paper was read again.
The Attorney General. — From the reading of this paper, it
sttikes me that the proper place to object to these proceedings
would be at the office of the Provost Marshal General of the State.
He announces that he will suppress all illegal assemblies. The
learned counsel so characterizes this honorable body. If they be-
lieve it to be so, then they need have no fears for their clients.
These defendants can go from this chamber at any time without
oaring for our action.
Mr. Stanton. — The Legislature of the State adjourned sine die
on the 6th day of March. How, then, can the Senate be here in
Bession at this time ? No call has been issued by the Governor,
and one body cannot be in session without its co-ordinat« branch.
I observe in what purports to be the proceedings in these cases of
impeachmcat, that a motion to adjourn the Senate till the 2d day
of June, was made by the Hon. Attorney General, on the 28th day
of February. The House of Representatives is not here, and both
bodies adjourned without day on the 6th of March. How can this
body be legally assembled ? These proceedings will not affect our
clients, except subjecting thom again to the forms of a tedious
IMPSACHMENT CASES. Ill
trial, whicli will have to be held by the next session of the Legisla-
ture, in order to make the proceedings legal.
The Attorney General.— -It is my right to close this debate. I
cannot be drawn into a discussion on other matters. I object to the
filing of this paper, and insist npon the objection. The counsel for
the defense agreed, if I remember aright, to the adjournment of
the Court of Impeachment to this day.
Mr. Stanton. — I meant no disrespect to the Attorney General, in
calling attention to this adjournment. I am aware that counsel on
' both sides agreed to that arrangement, but we had no evidence then
that the House of Representatives would act illegally, and fail to be
present.
The Attorney General, — May it please the Court : I insist on
my objection to the filing of this paper.
The President. — Counsel must confine themselves to to the rules
of courts, in these discussions. This debate is very irregular.
Mr. Holliday. — This is a new question, and I would like to hear
the arguments of counsel. I hope the Senate will adjourn, and
that at the next session counsel will argue the question, which I
am glad to hear they are ready to do. I, therefore, submit the fol-
lowing resolution, and move its adoption :
Besohcdy That the matter under discussion be postponed until
to-morrow at 10 o'clock A. M., when the Senate will hear arguments
upon it.
Lost.
Mr. Stanton. — ^I am aware that it is not regular for counsel to
proceed in this way. It is usual for the Senate to discuss questions
for information, and to hear counsel. Such a course could not be
allowed during a trial.
Mr. Hubbard. — Mr. President: — The question is upon filing
this paper, and not upon the questions involved in it, as I under-
stand it.
Mr. Cobb. — ^Will counsel inform me if the filing of this paper
would be considered by them as an admission by the Court of the
points contained in it ?
Mr. Stanton.— Not at all, Sir I
112 PBOOEEDINQB IN THE
The question before the Senate being, *^ Shall the objection of
the Attorney General be suBtained 1" the vote resulted as follows :
Ayes — Messrs. Barnett, Bayless, Connell, CurtiS) Essick, Hub*
bard, Lambdin, Lappin, McDowell, Bankin, Sleeper. — 11
Nays. — ^Messrs. Cobb, Denman," Ingalls, Boberts, Sprigga
Stevens. — 6.
And 80 the Senate refused to allow the paper to be filed.
The Attorney General. — ^May it please the Court : — On behalf of
the Board of Managers, I now move -that we proceed to the trial of
John W. Bobinson.
Mr. Stanton. — Mr. President: — ^We desire to object to all
fxirther proceedings of this body in this matter, on the grounds set
forth in the paper rejected from the files of this body.
The Attorney General. — ^In the matter of the impeachment of
John W. Bobinson, on the part of the managers, I request the
opening of the depositions taken on behalf of the House of Bep-
resentatiyes here prosecuting.
Whereupon, the depositions were opened by the President pro
tem.
Mr. Bankin offered the following resolution, which was
adopted:
Resolved, That a committee of three be appointed by the chair
to inquire what steps should be taken by this body in regard to the
publication of the proceedings of the Court of Impeachment, and
report to-morrow morning.
The chair appointed Messrs, Bankin, Bees and Boberts, said
committee.
Mr. Steyens offered the following resolution, which was
adopted:
Resolved, That the Sergeant-at-Arms be directed to cause cur-
tains to be hung at all windows on the west side of the Hall, and to
provide such other things as may be necessary for the convenience
of Senators.
On motion of Mr. Sleeper,
The Senate adjourned until 10 o'clock to-morrow morning.
IMPEACHMENT CASES. 113
THIRD DAY.
Senate Chamber, )
Wednesday, June 4th, 1862. j
Senate assembled.
Present — ^Hon. S. A. Stinson, and the Board of Managers.
The Hons. Fred. P. Stanton and Wilson Shannon, and N.
Case, Esq., counsel for the respondent.
John W. Robinson appeared in person.
Journal of yesterday read and approved.
Mr. Stevens offered the following resolution, which was
adopted :
Rt^mlcfxl, T\vi{ the President of the Senate bo and he is hereby
authorized to appoint such officers and clerks as he may deem ncG-
essary to properly transact the business of this session. ^
Mr. Cobb offered the following resolution, which was not adopted :
Resfjlved, That the Sergeant-at-Arms be instructed to procure
saw-dust for the floor of the Senate Chamber, and have the same
spread upon the thoroughfares of the Chamber by the assembling
of the Senate to-morrow morning.
Mr. Rankm, Chairman of the Special Committee on Printing,
submitted the following report :
Your Committee, who were appointed to inquire what steps should
be taken by the Senate in regard to the publication of the proceed-
ings of the Court of Impeachment, would report that they have
had the subject under consideration, and have come to the follow-
ing conclusion : That a sufficient number of copies of each day's
proceedings, exclusive of the speeches of the attorneys, to furnish
each member of the Court with a copy, and each one of the parties,
and their attorneys, with a copy, should be published in pamphlet
form, and laid upon their desks at the next sitting of the Court
after such proceedings have been had ; and that three hundred
extra copies be printed and bound for the use of the State. We,
therefore, recommend the consideration of the following resolution
to the Senate :
Besoived, That one copy of each day's proceedings of this Court
of Impeachment, exclusive of the speeches of the attorneys, be
printed in pamphlet form and furnished to each member of the
Court, and one copy to each one of the parties, and one copy to each
8
114 PROCEEDINGS IN THE
of their attorneys, and laid upon their desks at the next sitting of
the Court after such proceedings haye been had, and that three
hundred extra copies of the same be printed and bound for the use
of the Senate.
J. M. RANKIN,
Chairman.
Mr. Hubbard moved to amend by striking out the words " exclu*
sive of the speeches of the attorneys/'
Carried.
The report, as amended, wsfi adopted.
On motion of Mr. Rankin, the printing was referred to the Senate
Committee on Printing.
The President appointed Mr. Denman on said committee, vice
Mr. Lynde.
Hon. Fred. Pi. Stanton, of counsel for the respondent, John W.
Robinson, submitted the following motion :
The counsel for John W. Robinson moved that this honorable
body take no action on the Articles of Impeachment preferred
against the said Robinson at the last session of the Legislature, on
the ground that the Senate has no lawful authority to hold a session,
or to proceed in the trial of said impeachment at the present
time.
WILSON SHANNON,
FRED. P. STANTON,
NATHAN P. CASE.
Mr. Stanton said :
Mr. President : — ^I had the honor yesterday to submit some
exceptions, which the Senators refused to entertain or consider. It
therefore becomes necessary for me to make the motion now be-
fore you, in order that I may bring the subject to the serious exami-
nation of this body, before it enters upon an itfyestigation incapable
of producing any legal result.
The journal of the last session of the Senate, in manuscript, now
lies before me. In it, I find that on the 6th day of March last, by
concurrent resolution, the Senate and House of Representatiyes
adjourned sine die. Neither of these bodies can meet of its own
will until the second Tuesday of January next, the time designated
in the 26th Section of the 2d Article of the Constitution
for the regular session of the Legislature. By the 5th Section of
the 1st Article, the Governor may convene the two Houses upon
IMP8AGHHKNT OAfiBS. 115
extraordinary occasions. No proclamation, however, haa called this
body together ; and as the day for the annual meeting of the Legisla^
ture has not arrived, we must look elsewhere than in the Constitution,
for the authority to organize this body, at the present time, with the
form and functions of the Senate.
I am aware it is claimed that on the 28th of February last, the
Senate, then organized as a Court of Impeachment, adjourned over
until the first Monday in June. But I have thoroughly examined
the journal of the Senate, and I find no such entry among its pro-
ceedings. The only order for any adjournment, except from day to
day, is that to which I have already alluded, by which the two
Houses adjourned nine die.
It is probable the Secretary of the Senate may have kept the
minutes of tha.t body, as a Court of Impeachment, in a separate
book from that which contains the journal of the Senate. But as
no such record is to be found in the office of the Secretary of State,
where the law requires it to be kept, I will assume, however, that
there is some such record, for I find the statement in a pamphlet,
printed by order of the Senate, although upon or in this pamphlet,
there is no sort of authentication of the document, by any certificate
or signature of any officer whatever. Admit, for the sake of argu-
ment, that the Senate, as a Court of Impeachment, did, on the 28th
of February last, regularly adjourn until the first Monday in June,
the language of the Constitution is, *' All impeachments shall be
tried by the Senate f and although the body may have assumed
the forms of a Court, it was still the Senate, and could be
nothing else but the Senate. It had power to adjourn to
any time within the session of the Senate; it could even
adjourn over to a subsequent session ; but this was nothing more
than the mere postponement of the business until the time designa-
ted. When the Senate and the House of Representatives adjourned
sine difj this latter order overruled and annulled the former.
There is no such thing as a Court, separate and distinct from the
Senate. On the contrary, the Senate comprehends or contains the
Court. It embraces both the legislative and the judicial body.
Therefore, when the Senate adjourned shie die, all its functions
legislative and judicial were entirely suspended ; and they cannot
be resumed until the body shall again assemble in pursuance of
law.
This body certainly assumes to be the Senate ; and if it has any
power to sit at all,, it must be in that character, and in no other. I
116 PROCEEDINQS IN THE
find from your proceedings, that you have admitted new members,
thus judging of their qualifications ; you have appointed a com-
mittee to inquire as to the right of members who are now in the
army ; you have elected a President, and other officers.
All these acts are done in the exercise of functions which belong
only to the Senate. It is wholly impossible that you could meet as
Court alone, without, at the same time, assuming in many respects
the character of a legislative body, and performing duties which
belong to you only in that capacity. It is" therefore plain that any
supposed adjournment to meet simply as a Court, and not as a Sen.
ate, is nugatory. Especially is it so when the adjournment is to a
time outside of the sessions of the Senate, and after the Senate, by
concurrence of the House of Representatives, has adjourned sine die.
The Constitution of the State of Kansas recognizes the Senate as
one branch of the legislature, and nowhere seems to contemplate
separate action or separate functions. Even in the case of impeach*
ments the two branches of legislature must co-operate in the exercise
of their respective powers ; for the House prosecutes while the
Senate tries.
The provision in our Constitution on the subject of impeachments
is identical with that in the Constitution of the United States, with
the exception of that clause which re([uires the Chief Justice of
the Supreme Court to preside, in case of the impeachment of the
President. We know that the Senate of the United States does
often sit, when the House of Representatives has adjourned sine Jie^
for there is an express authority given to the President to convene
either house of Congress when he thinks it necessary. Yet, al^iough
there have been four cases of impeachment in the Senate of the
United States, and that body has separate functions from those of
the House of Representatives, no impeachment has ever been tried
in the vacation of the House. Some of the cases have been post-
poned from time to time, and even from session to session, under
circumstances when it would apparently have been convenient to
hold an extra session of the Senate alone, in order to conduct the
trial. But so far as I can ascertain, no suggestion of such a pro-
ceeding was ever made from any quarter. Our Constitution has
made no provision for separate sessions of the Senate, under any
circumstances, or for any purpose whatever. These is not one
clause in the whole instrument, which, by the remotest implication,
seems to contemplate any such separate sessions. On the contrary,
IMPEACHMENT GASES. 117
there are several clauses which would seem to negative the power to
hold them. I shall refer to these directly.
The House of Kepresentatives has the sole power to impeach, and
it cannot delegate this power to any other parties. It is usual to
appoint managers on the part of the House, hut these have no
delegated power. They are merely agents or instruments, through
whom the House executes its orders.
The House is always considered to he present in the person of its
managers ; hut this presumption cannot he admitted when the func-
tions of the hody have entirely ceased hy an adjournment sine die. An
adjournment from day to day does not suspend the functions of a
' legislative body at all ; in contemplation of law it is in continual
session. But any longer adjournment has a very different effect.*
Our law of impeachments as well as the whole machinery of pro-
ceeding, has been derived from the law and practice in the English
parliament. This was the necesssary result of the language employed in
the Constitution of the I)nited States, and with our previous con-
nection with the government of Great Britain under the common
law of the realm. When trials for inpeaohment are pending before
' the House of Lords in England, the Commons invariably attend in
a body.f The House of Representatives of the United States,
have not thought it proper or admissible for them to depart ftrom
this praotice.
The case of Blount, a Senator from Tennessee, in 1799, was not
an exception ; for no trial was even had in that case, it having been
decided after full argument, that an U. S. Senator is not subject to
impeachment under the Federal Constitution. The subsequent
trials of Pickering, Chase and Peek, were all conducted strictly
according to the English precedents. No step was taken by the
Senate until it had first given due notice to the House of Repre-
sentatives, and generally, the latter body, having resolved itself into
a committee of the whole, attended the trial in person. No pro-
ceedings of the kind have ever been carried on in the Senate of the
United States, in the absence of the House of Representatives —
that is to say, while the latter was not in session, and either actually
or constructively present at the trial. Barclay, in his digest, page
91, gives the following account of the proceedings of the twenty
first Congress : —
^ " ' ■ ■■ I ■■■■■■ —a— I , .
*Ciiihiac Law o| LeffisUtiT* AMtmbUM. pa 901, MS. 788.)
tCoflhinc Law of Lafialattre AncmbllM. p 981.
118 PROeiSKDINGS IN THE *
The Senate notified the House ^^ that it was ready to proceed
upon the impeachment of James H. Peck, Judge &c., in the Senate
chamber, which chamber was prepared with accommodations for the
reception of the House of Representatives."
Thereupon the House resolved itself into a committee of the whole
House and proceeded to the Senate in that capacity ; having spent
some time therein, they returned into the chamber of the House,
and the Speaker having resumed the chair, the chairman of the
committee of the whole reported the proceedings which had taken
place, and that the Senate sitting as High Court of Impeachment
.had adjourned to meet at the next session.
At the ensuing session the Senate notified the House of their
readiness to proceed to the trial, and the House resolved that from
day to day it would resolve itself into a committee of the whole and
attend the same.
I insist that under the provisions of our Constitution, no impeach-
ment can be prosecuted, except by the House of Representatives,
which must necessarily be in session, so that it can be at least
constructively present at the trial. We are entitled to the benefit
of the wisdom and justice of that body, while acting under all the
responsibility of its position and character, as representing the whole
people of the State. In the great case of Warren Hastings, when
Mr. Burke, in the course of his address to the House of Lords, used
expressions which had not been sanctioned by the House of Com-
mons, the latter, upon the petition of the accused, resolved that Mr.
Burke ought not to have used the expression complained of.'''
What recourse have we under, under present circumstances, if the
gentlemen sent here by the House of Representatives of the State,
should act vindictively or oppressively, or should in any way exceed the
authority claimed to have been devolved upon them ? I do not, for
a moment, question the good motives and just intentions which will
guide these honorable gentlemen, in their prosecutions of these
impeachments. They may also be as wise and as eloquent as Burke .
but they will hardly claim to be entirely free from the errors, which
even that great orator and statesman could not altogether avoid.
They oahnot act with the same sense of solemn responsibility, which
doubtless would control the House of Representatives, if that
body was actually now here, performing its high constitutional '
duty, in conducting this prosecution. I have the highest respect
*Cmihiiif, 863 m.
IMPEACHMENT CASES. 119
for the gentlemen who appear on behalf of the House. I know
their integrity and ability ; yet they can scarcely escape the inftuence
of professional pride, which will invariably bring them down from
the elevated position of the great public body, in whose shoes they
stand, to the level of mere attorneys, with all the ambition and love
of victory which characterize the conflicts of the bar. The great
ends designed to be secured by the peculiar and imposing proceed-
ings in cases of impeachments, will, to a great extent, be frustrated,
and these trials, with all their expense to the State, and annoyance
to individuals, will fall into the ordinary routine of every-day
investigations. We have a right to the presence and protection
of the House of Representatives. The great and important funct-
ions of that body, in such cases as these, cannot be transferred to
any committee. The honorable gentlemen, who assume to appear
for them, though they be all that individual men can be, are inca-
pable of holding and exercising the great trust which the people
have conferred upon the whole body of their Representatives. The
vast responsibility and the majority of that body, cannot be com-
pressed into the persons of these half dozen gentlemen, who claim
to stand here in the name and stead of the entire representative
body. Judge Story, in his Commentaries on the Oonstitution, vol.
2, p. 166 to 171, says:
*^ The objects of prosecutions of this sort (impeachments) is to
reach high and potent offenders, such as might be presumed to
escape punishment in the ordinary tribunals, either from their own
extraordinary influences or from the imperfect organization and
Sowers of those tribunals. These prosecutions are, therefore, con*
ucted by the representatives of the nation, in their public capaetty,
in the face of the nation, and upon a responsibility which is at once
felt and reverenced by the whole community.
^^ The notoriety of the proceedings ; the solemn manner in which
they are conducted; the deep extent to which they aflect the
reputation of the accused ; the ignominy of a conviction which is to
be known through all time ; and the glory of an acquittal which
ascertains and confirms innocence; these are all calculated to
produce a vivid and lasting impression on the public mind; and to
give such prosecutions, when necessary, a vast importance, both as
a check to crime and an incitement to virtue."
If we would avoid the danger of *^ imperfect organization and
powers" on the tribunal which tries high political offenders, it
becomes us to tread reverently in the footsteps of those who have
preceded us and established rules and precedents for our guidance ;
to pursue the antiquas vtas in which alone there is safety, when
120 PROCEEDINGS IN THE «
we approach things of such magnitude as those which now engage
US.
Mr. President, I do not know of a single instance in this country,
where, under a Constitution like ours, these principles have heen
disregarded. I challenge the gentlemen on the other side to
produce one if they can. The Constitutions of some of the States
provide generally ^^that there shall he no trial of an impeachment
until after an adjournment of the Legislature.'' — Cushing, 986-
Such a provision as this would, undoubtedly, change the whole
character of the tribunal, and would introduce new rules and prin-
ciples. But the very fact that such provisions were deemed
necessary, in any State Constitution, would imply the impossibility
of proceeding in that way, without express constitutional authority.
The maxims, ^^expressio unius exchmo alter lus/* would prevail in
the case of a Constitution without such a provision, and exclude the
possibility of separate sessions of the Senatorial body.
It was argued, however, that the law of the last session, entitled
^^An act regulating trials of impeachment and fixing the compensa-
tion of members and officers of the Court," makes the present
session of the Senate legal and valid. I am sure, in the absence of
that law, no one would contend for the regularity of your present
session. I am equally sure, on the other hand, that no sanction for
the pending proceedings can be derived from the law in question.
The Court of Impeachment claims to have adjourned from the 28th
February last, until the 1st Monday in June inst., and this was
done in pursuance of the law quoted. But that law did not pass
both Houses until the Ist of March ; it did not become a law until
the 6th of March ; and by its own express provisions, it was not in
force until after publication, which took place some time in April.
The adjournment of the 28th February was not, therefore, author-
ized by the law, nor was it afterwards legalized by it ; for the whole
provision, on that subject, is contained in the 1st Section, which is
in the following words :
^' That the Senate of the State of Kansas, when organized and
sitting as a Court for the trial of impeachments, brought by the
House of Representatives, shall have power to adjourn from time
to time, and hold sessions after the adjournment of the Legislature."
The subsequent sections authorize the Board of Managers,
appointed by the House, to conduct the prosecution, appoint their
own officers, send for persons and papers, and compel the attendance
of witnesses, as folly and amply as the House of Representatives
itself might have. They also provide for the payment of the memben
IMPEACHMENT CASES. 121
of the Senate and those members of the House engaged in the
prosecution.
I have already endeavored to show that the whole spirit of the
Constitution is against the power of either branch of the Legislature
to hold separate sessions. There are, however, two express provis-
ions with which the law quoted seems to come in direct conflict.
The 10th Sec. of the 2d Art. provides that "neither House?
without the consent of the other, shall adjourn for more than two
days, Sundays excepted." This provision evidently implies that
both bodies are to co-oporate in their respective acts of adjournment,
judging of the necessity and propriety of such steps, at the time they
are taken. The Legislature has no right to pass a law to the effect
that this prohibition, as to adjournment, shall be inoperative. To
«nact that either House may adjourn when it will and as long as it
pleases, would be virtually to repeal this clause of the Constitution.
This is not the "consent" contemplated when the Constitution gave
each House this control over the adjournment of the other ; for if
it were, then, as one House alone can never repeal a law, the House
can never hereafter recall its consent to adjournments in cases of
impeachment, and the Senate may thus forever prevent prosecutions
from being carried on by the House of Representatives.
Moreover, if the Senate may sit alone to try impeachments, the
House may also sit alone in order to institute them. A law may be
passed authorizing the House to adjourn from time to time, at its
pleasure for this purpose ; and thus the last vestige of co-operation,
in the functions of these two bodies, will have been virtually
abolished and erased from the Constitution.
But, after all, it is not so certain that this law does actually
authorizes the Senate to adjourn longer than for two days. It cer-
tainly does not expressly so enact, and, in the absence of such ex-
press words, a well known pnnciple of construction, would preserve
the Constituttonal provision, by interpreting the law in accordance
with it.
Another provision of the Constitution plainly violated by this
law is that contained in the 8d Sec. of the 2d Art., which declares
what compensation members of the legislature shall receive for
their services. It is only at some " regular or special session " of
the legislature, that any compensation at all is allowed. I think
nothing is plainer than that no compensation can be paid to
members of the Legislature, except in conformity to this clause of
122 PE0CS£DINQ8 IN THE
the Constitation ; and as it certainly was not intended to compel Sen-
ators to perform the important duties of a Court of Impeachment
without compensation, it follows that^their session, in that capacity
were intended to be within some regular or special session of the
Senate.
I know very well, that in oases of impeachment, there can be no
appeal irom the decision of the Senate. But when a body, which is
not a Senate, undertakes to pronounce judgment, and depose an officer
of the State, the Supreme Court, upon a writ of Quo Warranto, vf ill
determine whether the body claiming that high prerogative, is Consti-
tutionally authorized to exercise it. Or, again, any member or
officer of this body may apply for a mandamus, to compel the State
officers to pay his compensation ; and the question whether he is
entitled to pay as a member or officer of this body, will be directly
presented for the decision of the Court, and that decision will
necessarily inyolve the Constitutional right of this body to sit here
now as the Senate of the State.
Let no Senator suppose that this argument is designed as a means
of escape for those who stand accused of high crimes and misde-
meanors by the House of Kepresentatiyes. The impeachment will
not fall, if an adjournment should take place. Neither will the
expiration of their term of office relieve any one of them from the
trial which the Senate, when Constitutionally assembled, may pro-
ceed to consummate. They may still be convicted, and rendered
forever incompetent to hold any office in the State. It is not for
the purpose of escaping trial that this motion is presented and
insisted upon. Our only object is to secure a tribunal whose judg-
. ment, either of acquittal or condemnation, will put an end to this
controversy forever.
It is manifest to me that the proceedings of this body will not
accomplish that result. Confident of the innocence of those who
have confided their cause to my hands, in' part, I am anxious that
no shadow of illegality or incompetency of Constitutional
authority shall rest upon the tribunal which shall pronounce their
vindication.
On motion of Mr. Ingalls, the Senate adjourned until 2 o'clock
P. M.
IMPEACHMENT CASES. 128
AFTERNOON SESSION.
Wednesday, June 4, 1862, 2 o'clock, P. M.
Senate assembled pursuant to adjournment.
President in the chair.
Quorum present,
Hon. F. W. Potter, of the Board of Managers, in opening the
argument against the motion of the Defendant's counsel, said :
[The argument of Mr. Potter was not furnished by the
reporter.]
The Hon. S. A. Stinson, Attorney General, continued in behalf
of the State, as follows :
Mr. President, and may it please this Honorable Court : — After
the able and comprehensive argument of my colleague, in favor of
the legality and jurisdiction of this tribunal, I might, perhaps, re-
frain from debating the question now presented, did I not feel that
I should be lacking in courtesy, should I neglect to reply to some
of the many questions directly addressed to myself by the distin-
guished gentleman who opened the argument of this motion on the
part of the defense.
The arguments adduced by the learned gentleman, Gov. Stanton,
in support of his position, naturally divide themselves into two
classes. The one aimed at your pockets, the other at your under-
standings.
It is insisted that the law, which, among other things, provider
for the payment of the members of this body, is unconstitutional ;
or, at any rate, that the State officers who have to pass upon the
question, (some of them now here for trial,) may have such grave
doubts in the premises, as to compel you to resort to the Courts to
coerce from their unwilling hands the poor compensation which the
Isw gives you for your services. The only conceivable purpose for
which this argument could have been urged was to influence your
judgments, as I remarked in the outset, by an appeal to your pockets.
In these warlike times, we hear of victories achieved by cutting off
the enemy's supplies, and I am led to believe, from the arguments
of counsel, that the State officers contemplated some such strategical
movements upon your honorable body. I regret this implied
threat— ^ne not new to our ears — as it carries with it the impres-
124 PROCEEDINGS IN THE
sion that parties in power desire to retard this invcstigittioii, and
shows that either the ahle and learned gentleman, or his client,
misoonceives the motives, temper, and spirit with which this hon-
orable body is here ssembled. I shall, with this brief notice, pass this
branch of the gentleman's argument, and address mjself to the
propositions legitimately involved in this discussion.
j In brief, it is contended that this Body is assembled withoutr
J authority of law, and that its judgment either of conriction or
acquittal will be a mere nullity. The reasons urged in support of
this proposition are substantially these : 1st. The House of Repre-
sentatives not being in session, the Senate has no authority to
J , proceed with this trial. 2nd. That the adjournment of the Senate
j on the 28th day- of February, to the first Monday of June^. was
unconstitutional, the consent of the House of Uiepresentativts^ not
having been obtained thereto. 3rd. That on the t)th day of March,
1862, the Senate together with the House rf RepresEtentatives ad-
journed sine die, ^
In discussing those positions, I propose to sail your attention in
the outset to what I conceive to be the peculiar constitution and
I functions of this body, as at present ovga&iiedu The 2nd Article
I' ^ the Constitution of this State, Sec. 1,. reads as follows : ^ The
, Legislative power of the State shall be Tesled ia a House of Rspre-
; sentatives and Senate." This article i»«iiiitkd ^^ Legislative^'' and
: all its provisions from its oommenceswnt to' the 27th Sec, relate
purely and strictly to the legislative or ktw-aaking department of
^. the government. Yet even as law-making bodies, and brandies of
[' the Legislature, the existooee of neither bvane^ is so absdkitely
I . dependent upon the other, as the gentiemsA would have you believe.
\ In its purely legislative capacity, the Senate may have an or^niied
.existence — may be legally in session withovt the presence ox- organ-*
ization of the House. To ilhutrale: — Bvppese the next 9enat»
meets and organizes on the day presoribei id ^e Constituiito, anA
^ the House for any reason, should fail to assMnble, would tie Senale
for that reason lack a legal existeikee and orgaoization ? I advaate
I these views merely for the purpose of showing that thert^is no such
' . Siamese Twins connection between the two Houses of the liiegislalmre,
as the gentleman would seem to contend for. But i% is not as a
: branch of the legislative department of the government or in the exer-
cise of legislative power that the Senate sits for the purpose of trying
• impeachments. Strictly and technically that [vertioii of the Oon*
i
\
I
IMPEACHMENT CASES. 125
stitution which confers upon the House of Representatives the
power to impeach, and upon the Senate the power to try impeach-
ments, should he classed under the ^^ judicial/' and not the legislative
head. This jurisdiction over matters of impeachment is simply an
infringement sanctioned hy long usage and weighty reasons, upon the
functions of our ordinary judicial tribunals.
Says Chief Justice Story : — " An impeachment as described in
the common law of England, is a presentment by the House of
Commons, — the most solemn grand inquest of the whole Kingdom, —
to the House of Lords, — the most high and Supreme Court of
criminal jurisdiction of the Kingdom." Read *' State" for
Kingdom," '* Representatives" for *^ Commons" and " Senate"
for ^' House of Lords," and the passage applies with equal force to
this proceeding. I contend that the Senate, when in the language
of the Constitution it is sitting for the purpose '' of trying impeach-
ments," is legally another and a different body from the Senate when
in the discharge of its legislative functions. That, when sitting for
that purpose, it is erected into a judicial tribunal, and becomes at
once, in the discharge of its high dutie sabsolved from that connection
with the House of Representatives, which exists between the two,
as branches of the Legislature. But uiy able and ingenious adver-
sary, while as I conceive, admitting all the premises from which I
derive my conclusions, takes refuge in a kind of ^' nivolutetff'
theory. Admitting, as I think he does, that the Senate as a legis-
lative body, and the Senate as a Court, each have a separate exis-
tence, he contends that the one existence is inferior to, and involved
in the other ; or in other words, that the Senate as a legislative body
must be in a condition to exercise its functions, or el^ the Senate
as a Court cannot exist. I confess, ingeniously as this view has been
urged, I>am at loss to see how the gentleman reconciles the inva-
riable proceedings in impeachment cases with his theory. The
invariable custom, so my examination of the cases leads me t(/
believe, is for the Senate by solemn proclnmation to pas? from its
legislative to its judicial capacity, and wlicu its duties are ditscharged
to return to its legislative character; as in many of the States
where the distinction between Courts of law and Courts of equity
still exists, and the same judge is vested with jurisdiction both at
law and in equity. Still the Courts are different; so here it is the
same body of men, but in the one case it is a Senate to enact laws
and in the other a Senate — a Court to try " high and potent
126 PBOOSBDINaS IN THB
offenders." Thus much I urge to show that the Senate although
disqualified by the absence of the House of Representatives from
exercising its legislative functions, still that disqualification of itself
does not deprive it of its power and right to sit as a court.
But the gentlemen says it is the House of Representatives that
should be here prosecuting ; that the House exercises a delegated
power, and he brings in a weighty maxim of the law to show ^^ that
delegated power cannot be delegated.'' I meet him here with the
broad proposition that, for the purposes of this trial, neither the
House of Representatives, or its managers, need be here prosecuting.
The House of Representatives has " the sole power to impeach " by
the Constitution. That power the House haa exercised, and in the
most solemn manner, ^^for themselves and on behalf of all the people
of the State of Kansas " here, at your bar, the House of Represen-
tatives has impeached John W. Robinson of high misdemeanors in
office. In due time the House filed its specific Articles of Im-
peachment, the accused was notified^that he was impeached, and
here, at your bar, he has pjeaded to the Articles of Impeachment,
and upon his plea the House has taken issue. The case is made —
the li£eral constitutional duty is discharged — the accused is in your
hands ; and I claim that it would be your solemn duty, upon such
evidence as might present itself, even though the House nor its
managers — even though no one urged the prosecution — to hear and
to try the issue joined. Certainly the defendant would have a right
to a trial — might insist upon every principal of justice and of law — ^that
the House should not thus asperse his fair fame, and leave him the
poor boon of an unsatisfactory dismissal. But ^ ^ precedent, precedent,"
cries the gentleman ; ^^ the whole round of English and American
precedents are being violated ',* and he solemnly urged and touch-
in gly invoked you back " antiqua$ vias — into the ancient ways." I
felt almost disposed to doubt the gentleman's r^ublicanism, when I
heard him dwell so lovingly on the pomp and ceremonial — the
various ^^ sticks in waiting" — ^and the awful paraphanalia which
attended the trial of Warren Hastings, where the managers came to
prosecute before the House of Lords, with the Commons of England
at their back. We are told here, in solemn procession the House of
Representatives of the United States attends its managers to the bar
of the Senate when an impeachment is to be prosecuted. All this
is very impressive — all this is exceedingly picturesque ; but when
the poor State of Kansas comes to prosecute her trusted offioers for
IMPEACHMENT OASES. 127
the unlawful depletion of her pauper Treasury, we naturally inquire
if all this expensive pomp— this mute array of some seventy members
of the House of Kepresentatives — is not a mere idle ceremonial,
affecting in nothing the substantial rights of the people or the
accused. This matter of impeachment is one of those extraordinary
proceedings above precedent. There is no such thing as the com-
mon law of impeachment. Whenever a case is presented, rules are
made conforming or not to the rules which may have been adopted
in similar cases elsewhere, according to the good pleasure of the
body before which the trial is to be had. This Senate — ^presuming
always the substantial rights of the accused — might have made a
precedent for itself; and it would have but followed the spirit of the
age had it denuded the whole proceeding of all its superstitious
formality. The grand spirit of progress, which ha^ set every artery
of commerce, trade, and art, throbbing with new life, has even at
last crept through the misty cerements which, for so long, have
enshrouded the law in mystery and dread, and instinct with fresh
vigor, it now goes straight and sure in its high mission of adminis-
tering justice. Forms, which, by centuries of growth, had entwined
themselves in, and become almost a part of, the law, have been
ruthlessly torn away; and now the great aim is to preserve the
substance only, so that plain, speedy, and exact justice may be done
to all. How much more should you, bound by no mystic tie to
these ancient ceremonies, ignore them all, and stand in the simple
majesty of your high position — ^the arbiter between the people and
the accused — resolved only that substantial justice shall be done.
Even, however, if this question is to be arbitrarily decided upon
precedent, I am not here so absolutely without authority as the
gentleman charges. The precedents which have been here intro-
duced, on the part of the defense, are purely negative. It is
nowhere affirmatively decided that the Senate cannot sit in the
absence of the House ; on the contrary, in the State of Missouri,
upon the trial of Jackson before the Senate, this question was, for
the first time, raised, discussed, and decided ; and it was there held
that the Senate could sit for the purposes of the trial, in the absence
of the House ; and the case was so proceeded with and concluded.
Here is a positive decision, in the cases cited by the defense. It
appears simply that the practice has been different. I regret that
I have not the case, as reported ; but I well remember that the
report was in the hands of Senators, at the time the adjovrnment
128 -PROCEEDINQS IN THE
was had, and they will bear me out in my recollection of its contents,
in so far as I have stated them. The provisions of the Constitution
of the State of Missouri, on the subject of impeachment, are
verbatim et literatim our own. The adjourpment complained of,
was not thoughtlessly had, as the gentleman presumes ; but as I
well know, after a mature and careful consideration of those very
questions, which are now presented by the defense.
And now at last I come to the defendant's demand, that for the
protection of his rights, the House of Representatives should b®
here, lest peradventure we, here prosecuting, should,, in the hard-
ness of our hearts, practice some oppression upon him. And again the
inevitable Hastings is invoked — we are told how he petitioned the
House of Commons, and how the House of Commons rebuked Mr.
Burke, for some unlicensed language towards Mr. Hastings. So let
the House of Representatives rebuke me, or the managers, if, in
word or deed, we are betrayed into any injustice towards this
defendant ; but I presume the rebuke like a ^' rod in pickle,'' will
be all the more severe by being kept until January next.
But do you want the House of Representatives, gentlemen of the
defense ? If so, I see here impeached and Waiting his trial, Charles
Robinson, Grovemor of the State of Kansas. To him the Constitu-
tion has fortunately given the high prerogative of convoking the
House. Let him exercise that power, or let him and those accused
with him, forever after hold their peace. The gentleman recites from
Cushing's manual, to show that, by the Constitution of some of the
States, the Senate is prohibited from trying impeachments during
the session of the Legislature, and claims that this, upon the
principle that ^^ the expression of one thing is the exclusion of the
other," is a clear recognition of the position that the Senate cannot,
without express authority, sit in the absence of the House. The
gentleman, had he more carefully studied this passage, would have
seen that it makes clearly against his position — it is prohibitory and
not permissive — it does not sanction the separate session of the
Senate ; but forbids the Senate from trying impeachments, while the
House is in session. /
If the gentleman's position is correct, then in the States where
this provision exists, no trial on impeachment can be had at all.
He says when, as .in one State, the Constitution contains no express
grant of power to the Senate to sit in the vacation of the Legisla*
ture, such session cannot legally be held. By the provision above
IMPEACHMENT OASES. 129
quoted, the Senate is prohibited from trying impeachments during
the session of the Legislature ; and there is an entire absence of
expressed authority to sit for that or any other purpose in vacation.
The gentleman's authority proves too much.
The facts upon which the second objection is predicated, appear
in the printed copies of the proceedings heretofore had in these
cases. The Senate in its official capacity — sitting as a Court of
Impeachment, having, on the 28th day of February, ascertained that
no further proceedings could then be had at that time in the cases
pending before it, adjourned as a Court, until the first Monday of
June. It is contended that this was done without the consent of the
House, and therefore violated that provision contained in Sec. 10 of
Article 2, of the Constitution that ^^ neither House, without the
consent of the other, shall adjourn for more than two days, Sundays
excepted." This provision clearly applies to tjie Houses only when
they hold to each other the relation created by vesting the Legisla-
tive power in them jointly — that is, when sitting as a Legislature.* The
Constitution of the United States, in subdivision 4, of Sec. 5, of
Article 1, contains a similar provision ; yet in the case of Judge
Chase, cited by the gentlemen themselves, tried before the United
States Senate, the Senate as a Court adjourned to the next session,
while the Senate as a legislative body still continued in session. In
tiiis case, the congressional annals fail to show any consent on the
part of the House. So, upon reason and authority, I am satisfied
to rest this branch of the case. But fortunately this objection
seems to have been anticipated, and by a law, which has been read
in your hearing, provided that the Senate should sit to try impeach-
ments, when the House was not in session, and should adjourn from
time to time. This law is somewhat rudely assailed as being unoon-
stitutional in some of its parts ; and surely it cannot be contended
that in the consent it gave that the Senate should adjourn for more
than two days, it is not constitutional. It went into effect, it is true,
afler the adjournment ] but I contend, that even then, it ratified
and confirmed the act of the Senate. There is another consent,
however, which the gentleman has failed to discover. On the 27th,
or 28th of February, the Committee of Investigation, who had had
in charge the matters pertaining to these impeachments, and were
most conversant with the testimony, fearing that the Senate might
force the managers into trial at once, in the absence of material
testimony, introduced into the House a resolution, which was passed,
180 PBO0SSDINO8 IN THX
instruoting the managers to move in the Senate, that the trial of
these impeachment cases should be postponed to the first Monday
in June. Upon that resolution, the motion to adjourn was predi-
cated. The Journals of the. House cannot be had : but I hare a
right to refer to them as public records, and I am well aware, that
in my recollection of this fact, I am borne out by members of this
Court. Here then, is consent, if consent were needed. So that I
claim there are two fatal defects in the second objection : First,
consent is not necessary : Second, consent was given.
My answer to the last objection, I have necessarily, almost
entirely anticipated. The Senate and House, according to inrariable
custom, by concurrent resolution, adjourned sine die, on the 6th day
of March. By this act, the functions of the Legislature were
suspended, so that they could not, by any act of the Legislature
alone, be resumed. Taking the two acts of adjournment together,
and following the rule, which prevaib in Courts, of attempting to
arriveiat the intent of parties, and what was the evident intention
here ? If , as I contend, the legislative Senate has a legal existence,
separate from the judicial Senate, then these two adjournments are
perfectly reconcilable. If there is not this separate existence ; but
it is all the time, in every sense, in contemplation of law the same
body, then I claim that the adjournment on the 28th of February,
with the consent of the House, adjourned the Senate absolutely, to the
first Monday of June. The gentleman must either admit the
proposition of a separate, legal existence, for which I contend, or
else the conclusion inevitably follows, that the adjournment of the
28th of February, carried with it both Court and Senate. The
oonsent of the House, I claim, I have shown beyond controversy.
A single word, now, in reply to the outside talk in this case, and
I have done. The gentleman brings here his solemn convictions
that your proceedings will be a nullity. That, at the close of this
trial, whether ** guilty" or " innocent," shall fell from your lips,
they will be mere cold words. That he to-day, with his associates
comes here, as he would pause at the mention of a friend's name in
a crowd, at the comers of the streets, to see that no harm be done
his reputation by the vile breath of some passing slanderer. He
talks of quo warranto, and other remedies, which his client has for
testing this thing. He threatens that your sentence will not be
executed.
My solemn convictions against his I
nCPSAOHHXNI 0A8X8. 181
IF ever man stood in mortal peril of all that wliicli honest men
most love, in that position stands his client to-day. If you
shall pronounce him guilty, it will be no mere stain upon his char-
acter. But by your sentence the word will be branded deep and
ineffacable in burning letters upon his name and his fame
forever.
Will he, as his counsel say, contend against your decree, should
it be adverse to him ? I pity, while I scorn the head and heart of
the man, who, for a few days in a paltry office, will face the Coorta
of his country that he may, upon some technicality, defeat the
righteous judgment of such an assembly as this. Yet if these
charges be true — if he, indeed, be guilty — then let us not wonder
at the lingering tenacity with which his figings grasp the vitals of
the State ; and if you shall pronounce him free from guilt or guile
in office, it will be the proudest earthly vindication that mortal
xnan could have. If such shall be the issue, let him thank the
Lord.
(The argument was closed in behalf of the respondent by Gov-
Shannon, who declined to furnish the reporter with a copy of his
remarks.)
On motion of Mr. Cobb, the Senate adjourned until to-morrow
morning at 10 o'clock.
FOURTH DAY.
MOBNINa SESSION.
Senate Ghambjer,
Thursday, June 5th, 1862
.}
The Senate of the State of Kansas, sitting as a High Court of
Impeachment, met pursuant to adjournment.
President in the Chair.
Boll called.
Quorum present.
Absentees: — Messrs. Denman,* Hoffman, Holliday, Lambdin,
Lynde, Morrow, Sleeper and Stevens.
132 PBOOSBBINOS IN THS
Mr. Stevens moved to amend Section Eleven (11) of the Roles
to be observed in cases of impeachment, by inserting the words
" except when in secret session/' after the word " Senate/'
Carried.
On motion of Mr. Cobb, tbe Chamber was ordered to be cleared, the
doors closed, and the Senate went into secret session.
After some time spent therein, the doors were reopened, and the
Senate resumed its usual order of business.
Mr. Stevens offered the following resolution, and moved its
adoption :
JResolvedj That the Senate will hold two regular sessions daily ;
that the hours of meeting will be at 9 o'clock A. M., and 2 o'clock
P. M; that the hours of adjournment shall be at 12' M., and
6 P.M.
Mr. Denman moved to amend by inserting the hour '' 10 o'clock
A. M.,'' instead of 9 A. M.
Lost.
The question recurring on the original resolution, it was
adopted.
On motion of Mr. Stevens, the Senate adjourned.
BB, \
.M.J
AFTERNOON SESSION.
SsNATE Chamber
Thursday, June 6, 1862, 2 o'clock P
Senate met pursuant to adjournment.
President in the Chair.
Roll called.
Quorum present.
Absentees — Messrs. Hoffman. Holliday, Lynde, McDowell, and
Morrow.
Present : — ^Hon. S. A. Stinson, and the Board of Managers on
the part of the House of Representatives.
IBCPXAOHMSNT 0A8X8. 188
John W. BobinBon appeared by N. P. Caae, Esq., one of the at-
torneys for the respondent.
Journal of yesterday read and approred.
The question being on the motion of respondent's oounsel to
dismiss the case against John W. Robinson,
The ayes and noes were taken, with the following result :
Those gentlemen voting No, were
Messrs. Bamett, Bayless, Oobb, Connell, Curtis, Denman, Essicl,
Holliday, Hubbard, Ingalls, Keeler, Knowles, Lambdin, Lappin,
HeDowell, Bankin, Bees, Boberts, Sleeper, Spriggs, and Mr.
President.
And so the motion was lost.
On motion of Mr. Ingalls, the Senate took a reoess of thirty
minutes.
The time having expired, the Senate was called to order.
Mr. Stanton. — Mr. President : — After very serious consideration
of the subject, in consultation with our client, we have determined^
without acknowledging, in any way, the authority and legitimate
organization of this body, to be here present and take such part in
the proceedings as may be necessary for the protection of our
elients. The acts of this body cannot possibly injure our client in
a legal sense. We are disposed to see if this body will push this
matter to the extreme. It was, perhaps, asking too much of them
to demand that steps taken should be retraced. We shall remain
and watch the proceedings.
Attorney General : — On behalf of the Board of Managem, I am
requested to ask, through the President, in what oapaoity the gen-
tlemen appear in this Court ?
The President. — ^The Attorney Qeneral will see, by reference to
the rules, that defendants may appear, through counsel, in this Court.
It is presumed that they so appear.
>
Mr. Stanton. — Certainly: we so appear. We could not be here
in any other capamty.
Attorney General. — My question was called forth by the remarks
previously made by Got. Stanton.
184 PB00XSDINO8 IN THB
Hon. Azel Spaulding, one of the Board of Managers on the part
of the House of Representatives, in opening the case of the im-
peaohment of John W. Robinson, said: —
Mr. President: It is with feelings of embarrassment that I find
myself, in the absence of the Chairman, compelled to open this case
in behalf of the prosecution ; a case of such general interest and
inyolving such momentous issues.
John W. Robinson, Secretary of State, by the* honorable House
of Representatiyes, has been charged with high misdemeanors in
office. Articles of Impeachment have been properly prepared by
that body, and, through its Board of Managers, presented to the-
Senate. This Court is convened for the discharge of these high
and responsible duties, conferred upon it by the Constitution of the
State ; and the House of Representatives, by its Board of Managers,
is now called upon to sustain the allegations made in the Articles of
Impeachment. As these articles constitute the foundation, of this
ease, I will take the liberty of reading them to the Court.
[Mr. Spaulding then read the Articles of Impeachment exhibited
by the House of Representatives of the State of Kansas, in mainte-
nance of their impeachment against John W. Robinson, Secretary
of State, for high crimes and misdemeanors.]
Such, Mr. President, are the Articles of Impeachment upon
which the House of Representatives has rested its case, and for the
prosecution of which their Board of Managers now appear before
this Court.
For the purpose of placing before the Court a complete statement
of authority upon which we claim the right to impeach this party,
I ask your attention to Art. 2d, Sees. 27-28 of the Constitution of
this State, which read as follows :
'* The House of Representatives shall have the sole power to
impeach. All impeachments shall be tried by .the Senate, and,
when sitting for that purpose, the Senators shall take an oath to do
justice according to the law and the evidence. No person shall be
oonvicted without the concurrence of two-thirds of the Senators
elected.
** The Governor and all other officers under this Constitution,
■hall be subject to impeachment for any misdemeanor in office ; but
judgment, in such cases, shall not be extended further than to
removal from office or disqualification to hold any office of profit,
honor or trust under this Constitution; but the party, whether
IMPSACHMSNT CASES. 186
convicted or acquitted, shall be liable to indictment, trial Judgment
and punishment, according to law/'
The misdemeanor for which this defendant is called to answer,
was caused bj a violation of the provisions of an act entitled *^An
act to authorize the negotiation of one hundred and fifty thousand
dollars of the bonds of the State of Kansas, to defray the current
expenses of the State,'' approved May 1st, 1861. I will not occupy
the time of the Court in reading this law, but briefly state its
provisions, which are familiar to all. The act authorizes the issue
of State bonds to the value of one hundred and fitly thousand
dollars, and provides for the sale of them under conditions named
therein. Messrs. Clark and Stone were authorized to negotiate
these bonds. A supplementary act was passed, entitled "An act
supplementary to " the one to which I have just alluded, which was
approved June 8d, 1861. This act made it the duty of the Treas-
urer to prepare one hundred thousand dollars of the bonds provided
for in the first law. The Governor, Auditor and Secretary of State,
were authorized, or a majority of them, to negotiate the sale of these
bonds, providing, however, that they should not be sold for less than
seventy cents on the dollar,
1 would also call the attention of the Court to "An act to author-
ise the ^tate of Kansas to borrow money to repel invasion, suppress
insurrection, and to defend the State in time of war," approved May
7th, 1861. This law authorizes the Treasurer to borrow twenty
thousand dollars, by issuing bonds of three hundred dollars each,
and beating interest at ten per cent per annum.
It will be noticed, Mr. President, that the Articles of Impeach-
ment embrace these different subjects, which are set forth as read
to the Court. The prosecution expect to prove, substantially, each
and every allegation we have presented. Before going into the
argument and proof, I think it will be well to read the following,
from Judge Story's comments on the United States Constitution,
(page 553, chap, x.,) which is as follows :
" The next inquiry is, what are impeachable offenses f They are
'treason, bribery, or other high crimes and misdemeanors.' For
the definition of treason, resort may be had to the Constitution
itself; but for the definition of bribery, resort is naturally and
necessarily had to the common law, for that, as the common basis
of our jurisprudence, can alone furnish the proper exposition of the
nature and limits-of this offense.
186 PB00BBDIN08 IN THX
" The only practical question is, what axe to be deemed high
crimes and misdemeanors ? Now, neither the Constitution nor any
statute of the United States has, in any manner, defined any crimes,
except treason and bribery, to be high crimes and misdemeanors,
and, as such, impeachable. In what manner, then, are they to be
ascertained ? Is thie silence of the statute book to be deemed
conclusive in favor of th& party, until Congress have made a
legislative declaration and enumeration of the offenses, which shall
be deemed high • crimes and misdemeanors ? If so, then — as has
bieen truly remarked — the power of impeachment, except as to the
two expressed cases, is a complete nullity ; and the party is wholly
dispunishable, however enormous may be his corruption or crimi-
nality.
" It will not be- sufficient to say that in the case where any offense
is punished by any statute of the United States, it may and ought
to be deemed an impeachable offense. It is not every offense that,
by the Constitution, is so impeachable. It must not only be an
offense, but a high crime and misdemeanor. Besides, there are
many most flagrant offenses which, by the statutes of the United
States, are punishable only when committed in special places, and
within peculiar jurisdictions, as, for instance, on the high seas or
in forts, navy-yards and arsenals ceded to the United States.
'^ Suppose the offense- is committed in some other than these privi-
leged places, or under circumstances not reached by any Statute of
the United States, wouki.it be impeachable ?
"Again, there are many offenses purely political, which have been
held to be within the reach of parliamentary impeachments, not one
of which is in the slightest manner alluded to in our Statute Book.
And, indeed, political offenses are of so various and complex a
character — so utterly incapable of being defined, or classified, that
the task of positive legislation would be impracticable, if it were
not almost absurd to attempt it. What, for instance, could positive
legislation do in cases of impeachment, like the charges against
Warren Hastings, in 1788 ? Resort, then, muU be had either to
parliamentary practice and the common law, in order to ascertain
what are high crimes and misdemeanors ; or the whole subject must
be lef^ to the arbitrary discretion of the Senate, for the time being..
" The latter is so incompatible with the genius of our institutions,
ihat no lawyer or statesman, would be inclined to countenance so
absolute a despotbm of opinion and practice, which might make
IMPKAOHMENT 0A8S8. l37
ihaf • -rime at one time, or in one person, which would be deemed
inni it at another time, or in another person. The only safe guide
in 8> : cases, must be the common law, which is the guardian at
once f private rights, and public liberties. And however much
it m fall in with political theories of certain statesmen and jurists,
to d , the existence of a common law, belonging to, and applica-
ble ' he nation, in ordinary cases, no one has as yet been bold
enoi 1 to assert that the power of impeachment is limited to
offei ^ positively defined in the Statute Book of the Union, as
imp* liable high crimes and misdemeanors.
■
'' " (le doctrine, indeed, would be truly alarming that the common
law i not regulate, interpret and control the powers and duties df
the iirt of Impeachment. What otherwise would become of the
rule r evidence, the legal notions of crimes, and the application
of } :ciples of public or municipal jurisprudence, to the charge
agai ' the accused ? It would be a most extraordinary anomaly
that > I lie every citisen of every State originally composing the
Uni would be entitled to the common law as his birthright, and
at his protector and guide ; as a citiien of the Union, or an
offic'. •f the Union, he would be subjected to no law, to no prinoi-
ples no rules of evidence. It is the boast of Bnglish jurispni-
dent :ind without it, the power of impeachment would be an intoK
•oral; grievance, that in trials by impeachment, the law differs not
in e itials from criminal prosecutions before inferior courts. The
«amt lies of evidence, the same legal notions of crimes and punish-
men prevail. For impeachments are not framed to alter the law,
but carry it into more effectual execution, where it might be
obst led by the influence of too powerful delinquents, or not
«asi -.Iscerned in the ordinary course of jurisprudence, by reason
of t [peculiar quality of the alleged crimes. % Those who believe
that a common law, so far as it is applicable, constitutes a part gf
the of the United States in their sovereign character as a nation,
not I source of jurisdiction, but as a guide and check, and expos-
itor the administration oi the rights, duties and jurisdiction
ooni . id by the Constitution and laws, will find no difficulty in
«ffir: g the same doctrines to be applicable to the Senate, as a
Gou t* Impeachment. Those who denounce the common law as
havl any application or existence in regard to the national gov-
emi . c, must be necessarily driven to maintain that the power of
impc tment is, until Congress shall legislate, a mere nullity, or that
188 FBOOSEDINOB IN THB
t
it ifl despotic, both in its secrets and in its proceedings. It is re-
markable that the first Congress, assembled in October, 1771, in
their famous deokration of the rights of the Colonies, asserted that
the respective Colonies are entitled to the common law of England ;
and that they are entitled to the benefit of such of the English
Statutes, as existed at the time of their colonization, and which they
have by experience respectiyely found to be applicable to their
several local and other circumstances. It would be singular enough,
if in their framing a national government, the common law so justly
dear to the Colonies as their guide and protection, should cease to
have an existence as applicable to the powers, rights and privileges
of the people, or the obligations and duties, and powers of the
departments of the national government. K the common law has
no existence as to the Union as a rule or guide, the whole proceed-
ings are completely at the arbitrary pleasure of the government and
its functionaries, in all its departments.
'* Congress has unhesitatingly adopted the conclusion, that no
previous Statute is necessary to authorise an impeachment, for any
official misconduct ; and the rules of evidence, as well as the prin-
ciples of decision, have been uniformly regulated by the known
doctrines of the common law, and parliamentary usage. In the few
eases of impeachments which have hitherto been tried, no one of
the charges has rested upon any statuatable misdemeanors. It
0eems then, to be the settled doctrine of the high Court of Impeach-
ment, that though the common law cannot be a foundation of a
jurisdiction not given by the Constitution or laws, that jurisdiction
when given, attaches, and is to be exercised according to the rules
of the common law ; and that what are, and what are not high
erimes and misdemeanors, is to be ascertained by a recurrence to
ihat great basis of American jurisprudence. The reasoning by
which the power of the House of Representatives, to punish for
contempt, (which are breaches of privileges and ofienses not defined
by any positive laws) has been upheld by the Supreme Court,
stands upon similar grounds ; for if the house had no jurisdictioa
to punish for contempts until the acts had been previously defined
and ascertained by positive law, it is clear that the process of arrest
would be illegal.
<* In examining the parliamentary history of impeachments, it will
be fbund that many offenses, not easily defined by law, and many
of a purely political character, have been deemed high crimes and
IMPXACHM&RT CASEff. 189^
uisdemeanoTB worthy of this extraordinary remedy, ^hus Lord
Glianoellors and Judges, and other Magistrates, have not only been im-
peached for bribery, and acting grossly contrary to the duties of their
<Ace8, but for misleading their Sovereign by unconstitutional opinions,
and for attempt to subvert the fundamental laws and introduce arbitrary
power. So, where a Lord Chancellor has been thought to have put
the great seal to an ignominious treaty ; a Lord Admiral to have-
neglected the safeguards of the sea ; an Ambassador to have be-
trayed his trust ; a Privy CounseHor to have propounded or sup-
ported pernicious and dishonorable means, or a confidential adviser
of his Sovereign to have obtained exorbitant grants or incompatible
employments — ^these have been all deemed impeachable offenses.
*^Sofne of the offenses, indeed, for which persons wore impeached'
in the early ages of British jurisprudence until now^ seem harsh
and severe ; but, perhaps, they were rendered necessary by existing
eorruptions, and the importance of suppressing a spirit of favorite-
ism and Court intrigue. Thus, persons have been impeached for
giving bad counsel to the King; advising a prejudicial peace;,
enticing the King to act against the advice of parliament ; pur-
ehasing office ; giving medicine to the King without the advice of
physicians ; perventing other persons from giving counsel to the
King, except in their presence, and procuring exorbitant personal
gmnia from the King. But others, again, were founded in the
most salutary public justice — such as impeachments for malversatioir
and neglect in office ; encouraging pirates ; for official oppression,
extortions and deceits ; and especially, for putting good magistrates
out of office and advancing bad. One cannot but be struck in this
alight commiseration with the utter unfitness of the common tribur
nals of justice, to take cognizance of such offenses, and with entire
propriety of confiding the jurisdiction over them to a tribunal
eapable of understanding and reforming and scrutinizing the politv
of the State, and of sufficient dignity to maintain the independence
and reputation of worthy public officers.''
For the purpose of having before us the leading landmarks which
will govern this case, I have been induced to step a^ide, perhaps,
from established practice in opening, and read these comments of
America's greatest and most profound jurist
In relation to the first article of impeachment, we expect to pro-
duce evidence to cover not only that, but every other count charged
in the several articles. It will be admitted by every officer and
140 >ROCSEDINOS IN TBI
citizen that at the time of the passage of the act alluded to, that
the treasury of the State needed replenishing. This defendant^
John W. Robinson, with the Auditor and QoTernor, were duly
appointed by the State its agents to negotiate the sale of her bonds
to the amount of $100,000. We expect to prove that they accepted
this trust, and that in it they were limited by the law. We shall
pro>ye that these officers held a meeting in relation to the negotia^
tion of these bonds, at which the Goyernor gave to Mr. Hillyer
^Auditor) and the defendant, authority to act for him. Whether
this was verbal or written, the evidence will, in the course of the
investigation, disclose. Mr. Hillyer and thb defendant, constitu-
ting a majority of the board, went to Washington, and there met
Mr. Robert S. Stevens, and without attemptiiig to perform the
idnties devolving upon themselves in Begotiatiag the bonds, they
lihen appointed Kr. Stevens agent ei the State. This act was in
violation of law, they being only the agetkta of the State, without
power to delegate (hat authority. Thdfr act we regard as indicative •
of some collusion in the matter. We shall peeve that prior to the^
appointment of Mr. Stevens by them, they ascertained that the -
bonds could be sold for eighty-five cents on the dollar, and. that:
after being in possession of thb knowledge^ they agreed wit.h Mt. .
Stevens to allow him all over sixty cents o» tW dollar that he; might
receive. This, also, was in violatibaof lew,, and a perpetration of*
a great fraad upon the State. In proving tkese facts we expeet^toi
eatisfy this Court that this defendant, with Gorenkor Robinson,,]!^.
Hillyer, Auditor, and Mr. Stevens entered ieto a conspivacy,. iniUU
fully and knowingly, to defraud the State. We also expect toshow
that the defendant and the Aud^r w»e eogniaant of all the »tepa
taken in the sale of the bond» by their agent, falsely assuaed by
them to be the agent of the State. Showing this o<on8pinMy, we
riuyil ask this Court to hold the defendant responsible for eoeh and
every act of Stevens, touching the negotiation and sale of these State
jMiids.
The presentation of this evidence will show that the consent o^
the Senators and Representatives in Congress had te be obtidn^id
hefore the sale could be completed. In obtaining thaa, the defen-^
dant, sometimes with Mr. Stevens and sometimte without, held
interviews with them, in order to obtain their eoeeent. Wa shall
prove that Senator Pomero/s consent could be obtained onjy with
great difficulty, which was also the case witt Qen. Lane^ It will
IHPKACHHENT CASES.
ui
be a question for considerationf through the evidence, whether Gen.
Lane's signature was ever obtained. It will be shown that Lane
refused to move if Stevens had anything to do with it. It will be
shown that that signature was only obtained, if obtained at all, by a
bribe of $1000, given by Stevens to one Reynolds. If we prove
this fact, as we expect, we shall claim its weight in proving the
existence of this conspiracy, and that this defendant was guilty of
corruption. The stake at isstte must be large which would induce
the giving of such a bribe to the Private Secretarg oj one of our
Senators
In presenting testimony upon the second and other articles of
impeachment, we shall prove that John W. Robinson, the defen--
dant. did, as Secretary of State, commit a misdemeanor in the will-^*
ful neglect of his duty relating to the issue of the War Bonds/-
The State authorized the issue of bonds to the amount of 920,000
for wax purposes. It is familiar to you all, that these bonds were
confidently expected to sell at par. They were issued under such
an impression, and the amount was thus limited. The defendant
did suffer the issuing of $40,000 of these bonds, whereby the State'
suffered a loss, and was defrauded. We expect to prove that in
consequence of these acts by the defendant, $31,000 of these bonds
were put in circulation, sold at a discount, and at a loss to the State
of near $10,000. It may be said that this defendant did not control
this issue, and that these bonds were not in his possession. This
plea, we think, will fail to shield him, as it was his duty to countersign
them, and he must have been fully aware of the amounts issued.-
In proving this we shall charge the defendant with misdemeanor.
We expect to show that the defendant knowingly audited a
printing bill, presented by one J. F. Gummings, who claimed to
have published the Banking Law, passed by the State Legislature
of 1861, in a newspaper of this State, which we will prove never
had existence. The amount of the bill was $344, and was unlaw-
ftilly taken from the State Treasury, through the agency of the
defendant. For this act we charge the defendant to have been
guilty of a misdemeanor. All these articles and allegations we
expect to prove by ample evidence.
In appearing to answer these charges the defendant enters a plea
of '^ Not Guilty." The House of Representatives, through its
Board of Managers, in behalf of all the people of the State of
Kansas, assume the affirmative, and are here in Court to proceed
142 PBOOEEDINOS IN THE
with the trial. If one half of the eridence alluded to shall be
forthcoming, we feel confident that you will be warranted in pro-
nouncing a conviction. If the defendant can establish his inno-
cence, his country will rejoice. If conviction justly follow, the
State will, by this tribunal, be relieved of an unworthy officer, and
the Board of Managers will feel that they have properly discharged
those responsible duties conferred upon them by the Hod. House of
Bepresentatives. T
With these remarks, Mr. President, I submit the case to the ad'
judication of a body of officers, in whom we all have confidenoe,
and whose duties are plainly written in our organic law.
Hon. W. E. Wagstaff, on the part of the Board of Managers, rose
to read the depositions.
Hon. Wilson Shannon, for the defense, said :
Mr. President : The prosecution presents here a number of
depositions taken in Washington as evidence in this case. Nothing
appears on the face of them to show that these witnesses were sworn
in the case of John W. Eobinson.
Gov. Shannon read the certificate of the Notary Public attached
to it, and proceeded.
May it please the Court : This certificate cannot be considered
sufficient. It is true these witnesses were sworn ^^ the truth, the
whole truth," but they were not sworn to do so in the case of the
*^ State of Kansas, vs. John W. Robinson." I think this objection
is fatal to their validity. The title should, but does not, appear
anywhere on these documents. Counsel for the defense do not
press the objection, but desire to call the attention to the subject.
Mr. Cobb. — Does the title of this case appear nowhere but in th^
notices served on witnesses ?
Gov. Shannon. — ^No sir.
Attorney General, — May it please the Court : Counsel raise
this objection now. It should have been done before the depositions
were admitted for reading. This will be seen by reference to
Section 395 of the Code of Civil Procedure for the State of
Kansas.
•
Gov. Shannon. — ^We do not raise any objection, though not
considering that the rule mentioned covers this case.
IMPMAOHHENT 0ASX8. 148
Hon. W. R. Wagstaff proceeded to read the depoeitions.
DEPOSITION OF GEN. LANE.
April 29, 1862.
Hon. J. H. Lane, of lawful age, being by me duly sworn, cau-
tioned and examined, depoeeth and saith as follows :
First Interrogatory. — ^What is yonr name, age, occupation, and
your place of residence J
Answer. — ^My name is James H. Lane, residence at Lawrence, in
the State of Kansas, lawyer by profession, and now a representative
from the State of Kansas in the Senate of the United States, and in
the 43d year of my age.
Second Interrogatory. — ^Will you state, if you please, what you
know in relation to the sale of Kansas State bonds to the Depart-
ment of the Interior ?
Answer. — I arrived at Washington on the first day of the present
session of Congress. Soon after my arrival, Oeo. S. Hillyer, Auditor,
and J. W. Robinson, Secretary of State, called on me and informed
me that they had arranged with the Secretary of the Interior for
the sale of Kansas State bonds; that the matter was then before the
President and desired me to wait upon the President and make an
appeal to him in favor of the sale. They informed me, amOng other
things, that unless the sale was made, the State Government must
slop ; that they could not purchase stationery or pay the members
of the Legislature. Pursuant to the then request, I did wait upon
the President and urged the purchase as indispensable to the running
of the State Government.
Third Interrogatory. — Prior to the sale of the bonds on the 20th
of December, 1861, had you any conversation with the Secretary of
the Interior upon the subject, and did you know the price he was
willing to pay for the bonds ?
Answer. — ^I had several interviews with the Secretary of the
Interior on the subject, before and afler the requisitions for the
money were issued. My friends from Kansas outside, were earnest
in their efforts to convince me that the sale should not be made, and
if made, the money would be divided and the State defrauded,
urging, among other things, that Bob Stevens and Gov. Charles
Robinson would have the controlling of the money. Acting on my
fears, excited by them, I f^quently conversed with Hillyer and J.
f
144 PBOOIBDINQB IN THB
W. Robinson on the subject of Stevens and Charles Bob ^n'o
connection with the transaction. They as frequently assure me,
in the most emphatic manner, that neither Stevens or C. Ro isoD
had anything to do with the matter, directly or indirectly, 3ept
in this, that in one conversation Hillyer said that perhap lere
wafl a small sum due Gov. Robinson on his salary, which he uM
draw out, as other creditors, on a warrant in his favor. hile
this was going on, I sought the Secretary of the Interio xoi
expressed my fears that the money would be diverted. I su*: ted
to him that the bulk of the money should be deposited w . my
colleague. Gen. Pomeroy, or left with him to be drawn out the
order of the Legislature, except five hundred dollars, which i yer
and J. W. Robinson said was necessary to fit up the rooms < the
Legislature, and for purchasing stationery. I never heard, fi the
Department of the Interior, or from any other source, ui my
arrival in Toj^eka, in Kansas, the real price for which the - nda
were sold. Hillyer and John W. Robinso;i informed me in ish-
ington, that they could get or had got two cents over the mii. lum
price fixed by law, which would be seventy-two cents. Alt the
issue of the requisition, I saw the Secretary of the Inter!' and
urged upon him to suspend the payment of the money. I a' aaw
the President and urged him to suspend the payment of the ' nej
until the Legislature had met and taken action on the subject
Fourth Interrogatory. — ^Did you know, at that Ume, thi> any
arrangement was made by which R. S. Stevens, or any othe^ ' :rty
representing Uie State, would sell these bonds for eighty-fiv< ^nts
on the dollar, and only account to the State for sixty cents < v the
dollar ?
Answer. — I have before stated that I did not know, unt< ' fter
my arrival at Topeka, in Kansas, the price the Interior Depai ent
paid for the bonds. Hillyer and J. W. Robinson, as I have ' ore
stated, assured me at divers times during the negotiations, an*^ :\er
the requisitions were issued, that Stevens and Charles Robinsi'i liad
no connection with the transaction ; they pledged me in tl^ . lost
solemn manner, that neither Stevens or Charles Robinson i-l old
see the money, touch the money, or know where it was kept. '1 lese
pledges were made at a suggestion from me that althou^i- the
Auditor and Treasurer were ever so honest, these rogues \\ uld
manage to steal the money. Hillyer, among other things, pr< n sed
to carry the money to Kansas himself, and keep it until the i gis*
IMPEACHMENT GASES. 145
lature met. It was distinctly understood that the State was to
receive every cent of the proceeds of the sale of the bonds to the
Interior Department. On one occasion, I asked Hillyer how he was
to be paid his expenses in effecting the negotiation ; he told me he
Lad to depend upon the Legislature for that. I told him, in that
conversation, that if I was in Topeka, at the time, I wo^d help him
to get a liberal appropriation.
Fifth Interrogatory. — ^Will you state the circumatanoes under
which you, with Senator Pomeroy and Representative Conway,
signed the communication to the President of the United States,
dated December 16th, 1861, in which R. S. Stevens was stated »
the agent of the State for the sale of these bonds, and in which you
urged their purchase by the Government ? (See official copy of
letter attached to deposition of R. G. Corwin, marked A, and which
is recognized as an authenticated paper.)
Answer. — ^I state, that until my return to Kansas, I never heard
R. S. Stevens' name mentioned as agent for the sale of the bonds ;
that if I had known that he or Charles Robinson had anything to
do with the sale, or the proceeds of the bonds, or had any connec-
tion with it, I would have opposed the sale with all the energies of
my nature ; at the time the sale was going on, I expected to be a
candidate for re-election to the Senate before the Legislature, and
knew that if they had any contract of the money, it would be used
against me in the election. I signed a paper under the following
circumstances : Shortly after my arrival, George Reynolds presen-
ted a paper for my signature. I retained it sometime, and, without
examining it, returned it to him without signing it, and declining
to do so. Some days after, George S. Hillyer, John W. Robinson,
and Bob Stevens in the rear, came to my room in the Avenue House.
Stevens with them caused my anc^er. I told them to go away ; that
I would have nothing to do with their negotiations, unless they
would come without the company of that damned thief, Bob Stevens.
They went away and came back the same or the next day, with a
paper which they said was directed to the President, requesting him
to let them have the money ; that they had got the signature of Mr.
Pomeroy and Mr. Conway, and all it wanted was my signature, as
the President and Secretary, or both, wanted the signatures of the
entire delegation, before they would give the money. Since my
return to Washington, I have examined the paper referred to, as on
file in the Indian office ; my name appears upon it as between Gen.
146 PftOGEEDINOS IN THE
Pomeroy and Mr. Conway. It b a good imitation of my signature,
yet I do not believe that I ever affixed my signature to that paper,
as it stands. Either R. S. Steyens' name has been added to the
paper since the signature, or my signature has been added or pkoed
there by some one else, to the best of my belief, and my reasons for
this opinion are these : It is scarcely possible that, after drinng
Hillyer and Robinson from me, because Stevens was in their
eompany, they would have the audacity to present me, in so short a
time, with a paper with his name in it. My signature appears on the
paper between Pomeroy's and Conway's, as if I had signed it before
Conway. When they brought the paper they told me that Pomeroy
and Conway had signed it, and that if the negotiation fiidled, the
responsibility would rest on me alone, my signature being indispen-
sable to the negotiation. I am confident that Pomeroy and Conway's
signature were on the paper when I signed it. I have conversed
with Mr. Conway since I have arrived here on the subject. He is
confident that Mr. Pomeroy's and my signature werg on the paper
when he signed it. If this be true, my name is a forgery.
To arrive at the conclusion that the paper ' is genuine, you must
oonclnde that Hillyer and Robinson presented to me a paper for my
signature, which they well knew I would not sign, if I read it, and
that I did sign it without reading, for, under no circumstances,
would I have consented to the negotiation if I had known that
Stevens or Charles Robinson had anything to do with it. I believe
them to be in partnership, and have no confidence in their integrity.
(Here counsel for defendant objects to this answer, in so far as it is
based on hearsay and belief, and further because it is not responsive
to the question.) My cdgnature could not have been ^obtained to
any paper forwarding these negotiations, if I had not been assured
by Hillyer and Robinson first, that every dollar of the money, except
$5,000 which was to be used for purchasing stati<»iery and fixing
the legislative rooms, was to be placed under the control of the
Legislature then about to meet, and that Stevens and Charles
Robinson had nothing to do with it.
Sixth Interrogatory. — ^Were you ever in the habil^of signing your
uamfs to papers presented to you without examining their contents ?
Answer. — At the time this negotiation was going on, I had my
senatorial duties to discharge, my contest with Mr. Stanton to attend
to, together with superintending an expedition to the Southwest.
It is barely possible that I may have signed that paper without
IMPXACHMBMT OA018. 147
reading H. I ireqiientlj sign papers, whenproaented by penons ia
:irliam I liaiw confidence, and when dieir contents were stated,
without reading.
Seyentli Xnterrogatory. — ^Was your attention called to this partic-
ular letter befove your departure from Washington ?
Answer. — ^I think not. I never heard of the robbery until I
reached Kansas.
Eighth Interrogatory. — ^Would you have objected to Mr. Stevens
acting as agent for the State, if you were si^isfied that he would
exercise ^no (control over the money ?
Answer. — ^I would.
Ninth Interrogatory.*— Will you state what representations G.
W. Keynolds made, at the time he handed the paper for signature t
Answer i — ^I think 4ie said it was a recommendation for the sale of.
State bonds.
Tenth Interrogatory. — Did he intimate to you, or did you know
at that time, that he had been offered, by R. S. Stevens, or any
other person, one thousand dollars, or any other named consideration,
for obtaining your signature to that paper, or do you now know that
any such consideration was ever offered ?
Answer. — I never heard of such a thing until my arrival at
Topeka. Had such a representation been made to me by Reynolds
or any other man, I would have spurned him from my presence as
unworthy of my friendship.
Eleventh Interrogatory. — ^What were the circumstances inducing
you to send the following communication to the Secretary of the
Interior, dated the 19th day of December, 1861 ? [Official copy
marked 18 and attached hereto ; exhibit No. 1.}
Answer. — My friends here were insisting strenuously that Stevens
and Robinson would get hold of the money and defraud the State,
and use the money against me in the Senatorial election, which we
then thought would come off. To defeat this, the first plan was to
have the money deposited in the hands of my colleague. General
Pomerpy, except the five thousand dollars, before spoken of, to buy
Mationery, to be drawn out by direction of the Legislature when it
should meet. I subsequently arranged with Mr. Snuth, the Secre-
tary of the Interior, to retain it in his own hands, and pay it out in
installments aftar tbe Legislature had met. On tiia 18th day of
148 PROCEEDINGS IN THE
December, I was confirmed as Brigadier General, and expected to
leave for Kansas immediately. The paper spoken of was dated on
the 19th day of December, 1861, and filed (with the expectation of
my having to leave Washington immediately) for the purpose of
sending the money to Kansas by some . safe hand, to be selected by
Hessrs. Pomeroy and Conway, giving theu), so .far as I could, the
sole direction of the money.
Twelfth Interrogatory. — Did yon know that the act of the Kansas
liCgislature, authorizing the issue of these seven per cent, bonds,
limited the price for which they were to be sold, to seventy cents on
the dollar, and that there was no authority rested on the said officers
to sell them at a less rate ?
Answer. — ^I knew nothing about it, except what I heard from
Hillyer and Robinson. In one conversation, they said they could
^fi\l the bonds for two cents over the minimnm price fixed by law,
which I understood from them was seventy cents.
Thirteenth Interrogatory. — ^Did you know anything about the
issue of thirty-four thousand dollars, with ten per cent, war debt
bonds, by the State officers, when the law authorized the issue of
but twenty thousand dollars of such bonds ?
Answer. — In the Spring of 1861, 1 went from here to Topeka,
through Leavenworth, with verbal orders from the War Department
to raise two regiments for an expedition to go into the Indian
country. The Legislature was then in session in Topeka. I saw
Gov. Robinson and others, and it was determined to issue $20,000
of bonds to aid in organizing the two regiments. I had a bill drawn
up for that purpose, and, as an inducement for its passage, said U>
the members and others that the bonds could be used at Leaven«>
worth at their par value, and my understanding was that the bill
passed in view of that fact.
Fourteenth Interrogatory— -Do you know whether any offer was
made to the State officers to purchase these bonds, or any part of
them, at their par value ?
Answer. — I only know it from heresay. Gentlemen joined with
me in saying that the bonds could be used at Leavenworth at par,
the time the bill was passing ; that subsistence, and what was needed
for the troops, could be purchased with them.
Fifteenth Interrogatory. — Please state the nature of the conver*
lation you had with Senator Pometoy, prior to your leaving
IMPEAOHMBNT OASES. 149
Washington, as to his taking charge of the fund realised from the
sale of the bonds.
Answer. — He consented to the plan, and was willing to take charge
of the money.
CROSS EXAMINED BY THE DEFENDANT'S COUNSEL.
First Interrogatory. — In your answer to third interrogatory abore,
you speak of certain outside friends of yours, who advised you to
oppose the negotiation for selling the bonds. Please state who
those persons were, and name those you reoolleot.
Answer. — ^Gen. Stone, I. J. Weed, John G, Vaughn, Champion
Vaughn, and others, whom I do riot now recollect. They advised
me to oppose it, on the ground that they feared the State would be
defrauded.
Second Interrogatory. — ^Pid you protest against the pa/ment of
the money to B. S. Stevens, both before and after the negotiation
had been completed ?
Answer. — The friends of whom I speak, as well as myself, feared
that Stevens and Bobinson would get hold of the money in some way
from the Auditor and Treasurer. While opposing the money going '
in any way they could get hold of it, I was willing it should be
realized and held here until the Legislature could get hold of it. I
never knew that there was any attempt being made to pay the
money directly to them. I went to the Secretary and President
«nd requested them to suspend the payment of the money on the
requisitions. I think I could and I certainly would prevent the
payment of the money if I had thought that Stevens had anything
tp do with it. During all this time, almost daily, Hillyer and J. W.
Bobinson were pledging me that Stevens and Charles Bobinson had
nothing to do with it.
Third Interrogatory. — ^You say you feared that Stevens would get
the money in some way. How do you suppose he would get it after
it went into the State Treasury ?
Answer. — Stevens had a bank in Lawrence. I knew Ohsries
Bobinson was Governor, and his partner, Dutton, the Treasurer, was
indebted to Bobinson for his office. I knew their influence over
Dutton, their cunning and dishonesty, and feared that they would
get hold of the money by improper means and influence. They
would induce Dutton to deposit the money in their bank, or persuade
him to loan it to them, and expressed these fears to Hillyer, and
150 PB00BXDIN08 IN THX
•oUoiied from hun a pledge that thej Bhoald not know lAere die-
money was kept, if it wu obtained.
Fourth Interrogatory. — ^When you went to Kansas last January,
did you oonyerse with George Reynolds on the subject of the offer
made him by B. S. Stevens, for the purpose of getting your names
to the paper^ whi<th purports to be signed by 6en. Pomeroy, your-
self and Mr. Conway f
Answer.— I danot remember that I ever did. I saw his testimony
given before the committee while there.
Fifth Interrogatory. — ^Was George Reynolds a member of the
Legislature of Kansas ? and had he been elected prior to the com*
mencement of the present session of Congress ?
Answer. — ^He was, and was elected in October or November.
J. H. LANE.
Sworn to before me,
N. Callan, Notary Public.
DEPOSITION OF ROBERT G. CORWIN.
Robert G% Corwin, of Dayton, Ohio, an attorney at law, of lawful
agei being by me first duly examined, cautioned and solemnly sworn,
depeseth and saith :
First Interrogatory. — ^Were you employed by J. W. Robinson^
Secretary of State, or George Hillyer, Auditor of the State of
Kansas, to negotiate the sale of certain State bonds belonging to the
State of Kansas, to the Interior Department, or ever approached by
them in relation to stch sale, and if so, when ?
Answer. — I was not employed by them. I was employed by R.
S. Stevens. I had frequent interviewe with J. W. Robinson
and Qeerge Hillyer, but do not reooUeet to ever have seen them
before.
Second Interrogatory. — At what time did you first see theae
parties?
Answer. — I cannot state with certainty at what time I first saw
them. It was about the first of December, 1861. It was after Mr.
Stevens arrived in this city. I was employed by him, and he
IMPBAOHMENT CASES. 151
introduced me to them, the said J. W. Robinson and George S.
Hillyer.
Third Interrogatory. — ^Were you employed by B. 8. Stevens to
sell these bonds, and did he represent to yon that he was the agent
of that State, with authority to sell them, or did he represent to you,
or did you know that he was the owner of these bonds ?
Answer. — I was employed by him to sell the bonds. He repre*
MUted to me that the State owned eighty-seven thousand dollars of
the one hundred and fifty thousand, issued by the State of Kansas,
and that he was here to sell them. I advised that the whole one
hundred and fifty thousand dollars should be procured and sell them
to the Government. He told me that he owned a part of the
balance of the bonds, and he thought he could get the rest, and he
proposed the whole to the Government, and did so sell it.
Fourth Interrogatory. — ^Did you make the same declaration, at
any time, to J. W. Robinson or George S. Hillyer ?
Answer. — Yes, I did.
Fifth Interrogatory. — ^Did you know when and through whom
his authority as agent was derived ?
Answer-^He showed me a power of attorney, purporting to be^
executed by the Governor, Auditor and Secretary of the State of
KansM ; also a copy of the law which made them commissioners to
sell the bonds.
Sixth Interrogatory.— Do you know anything of the sale of.
these bonds to B. S. Stevens.
Answer. — ^I know but little about the arrangements between the
officers of the State and Mr. Stevens. I don't know that he bought
them or not. I represented him to the Government as the agent of
the State for the sale of the bonds, and I suppose he was acting in
that capacity, so far as the eighty-seven thousand of the bonds were
concerned.
Seventh Interrogatory. — ^Were you approached* by any other'
parties from the State of Kansas in relation to the sale of these
bonds f If so, please note the fkcts.
Answer. — ^I had frequent conversation with the delegation here
in the Senate from Kansas, Messrs. Lane and Pomeroy, and I do
not now remember any other person from Kansas approaching me
or saying anything on the subject. I consulted with Gen, Pomeroy
152 PROCEEDINGS IN THE
in companj with Mr. Stevens, before the arrival of Gen. Lane. I
think Mr. J. W. Robinfion and George S. Hilljer, accompanied
Stevens and myself to Gen. Pomeroy's room. Gen. Pomeroy,
Stevens and myself, retired to a private room to consult on the
subject of the sale of the bonds, leaving the State officers in the
room with Mrs. Pomeroy.
Eighth Interrogatory. — What representations in relation to the
sale of those bonds did you make to J. W. Robinson or Geo. S.
Hillyer prior to the sale to the Department on the 20th of December,
1861 ? ^
Answer. — Messrs. Robinson and Ilillycr were frequently present
at our interviews in relation to the sale of the bonds, but I don't
remember what representations were made in their presence. I
conversed freely when they were present, as when they were not,
and I suppoiCed they knew how the business progressed from the
beginning to the end.
Ninth Interrogatory. — ^Were they cognizant of the arrangement
between R. S. Stevens and yourself?
Answer. — ^They knew that Mr. Stevens had employed me to
amst in the sale of the bonds. They were not advised by me of
the terms of the arrangement between Mr. Stevens any myself.
Eleventh Interrogatory. — Did J. "W. Robinson or Geo. S. Hillyer
make any proposition to you as to compensation for the sale of the
Bonds ?
Answer. — They never did.
Twelfth Interrogatory. — Do you know anything of the with-
drawal of the coupons from these bonds prior to their sale to the
Department on the 20th December, 1861. Such coupons being for
the semi-annual interest due January 1, 1862 ?
Answer. — ^The bonds were not delivered to the Government until
a few days before the coupons were due. Only a part of the money
was then to be paid. It was therefore agreed that the coupons
ahould be taken off, and the interest account stated and settled when
the balance of the money would be paid.
Thirteenth Interrogatory. — ^Did J. W. Robinson and George S.
Hillyer know these facts, and consent to the arrangements f
Answer. — ^I don't know that they did. The arrangement was
made between the Secretary of the Interior and myself. I advised
Mr. Stevens of it, and he took the coupons off the bonds. I have
IMPEACHMENT GASES. 153
no rec llection of having said anything to any one else on the
subjec ; .
Fob . teenth Interrogatory. — Did you believe that these coupons
belong od to the State of Kansas ?
An»' wer. — I supposed that Mr. Stevens was acting for the State
of Ka >.sas, and if so the coupons belonged to the State. If he was
the 0^ ner of the bonds, then the coupons belonged to him.
Fifit- cnth Interrogatory. — Did J. W. Eobinson or Gt. S. Hillyer,-
show : ty thing as to the price for which these bonds were to be sold ;
or wv ihe subject ever referred to in your several interviews with,
them ':
An^ ^ver. — I have no recollection of the subject ever being dis-
cussed when they were present, and I do not know whether they
«ver k'lcw the price or not.
Sixt.^enth Interrogatory. — ^What interest, if any, did you suppose
J. W. ilobinson, Secretary of State, and George S. Hilly er, 4.uditor
of the State of Kansas, held in these bonds ?
Answer. — ^They were here as the financial officers of the State,
and uiiul the matter was brought before the Kansas Legislature, I
had s > idea that they had any personal interest in it. I knew
aothin ^ on the subject except what was published in the news.
papers in connection with the investigation before the Kansas Ijegis-
lature.
Seventeenth Interrogatory. — At what price did you tell R. S.
Stevers the bonds could be sold, and at what time during the
negotiations ?
An8«¥cr. — The price was not agreed upon until a short time before
the trr inaction was closed up. I then told him I could get eighty.
five ce . ..^ on the dollar, and he told me to take it.
Eigu teenth Interrogatory .-^-Do you know anything about the
ante-duting the authority conferred by C. Robinson, Governor, J.
W. Robinson, Secretary of State, or G. S. Hillyer, Auditor, on R.
8. Stevens, appointing him the agent of the State of Kansas, to sell
these bonds, which authority was dated October 25th, 1861, yet
executed in WaAington in December, 1861, by J. W, Robinaon
andG. S. HUlyer?
Answer. — I do not.
CROSS INTERROGATIONS BY DEFENDANT'S COUNSEL.
First. — ^De jom know whether Gen. James H. Lane, Senator from
164 PROGSSBINGB IN THE
Kansas, advised or approved the arrangement for the sale of the
bonds?
Answer. — ^I believe he did.
Second Cross-Interrogation. — ^Did you at any time converse with
him on the subjeot, and did he know that R. S. Stevens was agent
for negotiating the bonds f
Answer. — ^We had frequent conversations on the subject while the
negotiations were pending. I drafted a letter addressed to the
President for the signatures of Gkn. Lane, Pomeroy and Conway.
In that letter it was recited that Stevens was the agent of the State
of Kansas. Mr. Stevens copied that draft and brought it back to
me with the signatures of Messrs. Lane, Pomeroy and Conway.
Third Cross-Interrogatoiy. — ^I present a copy of that letter certi*
fied by the seals of the Interior Department, marked Exhibit 4 ;
please state if that is the letter you refer to in your last answer ?
Answer, — ^It has been a good while since I drafted the letter, but
I believe it to be a true copy of the letter referred to in my last
answer.
Fourth Interrogatory. — ^Are you acquainted with the hand writing
of Gen. Lane, if so, please state whether the original of this paper
when returned to you, was signed in the proper hand writing of
Gen. Lane ?
Answer. — ^I am somewhat familiar with his hand writing. When
the paper was returned to me, I had no doubt as to the genuineness of
all the signatures to it. Recently I understood, that Gen. Lane denied
that his signature was genuine. I have since examined it with a
great deal of care, and I could see nothing to convince me that it
was not genuine. It looks like a genuine signature.
Fifth Interrogatory — State what information you had from Mr.
Stevens as to the circumstances under which this letter was signed
by Ckn. Lane, and the means by which his signature was obtained f
Answer. — ^I understood from Mr. Stevens that Gen. Lane declined
to sign the letter, but that he could proeure his signature to it
through Mr. Reynolds, by paying him, Mr. ReynoldSi one thousand
dollars for it. Stevens objected to paying so large a sum of monej^ ,
and wanted me to take the letter without his signature, but I advised
him to procure the signature of G^n. LanCj if it could be had for
that consideration, as I had understood the President would not
make the investment without the assent of the whole delegation..
IMFXA6hMENT CA8S9. US
Hr. Stevens afterwards informed me that be had made the arrange-
ment with Mr. Reynolds, and proonred the signature.
Sixth Interrogatory. — ^Do yon know what the Kansas bonds were
worth in the stook market at the time yon negotiated these bonds
irith the Secretary of the Interior ?
Answer.—They had no market valne.
XXAMINATION IN OHISV BE8UMED.
In your conversation with Gen. Lane, prior -tr the sale of these
bonds, did you state to him distinctly that B. S. Stevens was the
agent of the State to sell these bonds ?
Answer. — ^I have no recollection of having made any direct state-
ment to Gen. Lane on that subject.
Nineteenth Interrogatory. — While the negotiation of these bonds
were pending, did Gen. Lane ever express to you any opposition to
R. S. Stevens' agency in the case, or his drawing the money for the
sale of these bonds ?
Answer. — He was very mteh opposed to die payment of the money
to Mr. Stevene, but was not opposed to his acting as agent for the
sale of the bonds, and did not wish Hr. Stevens to carry the money
to Kansas, or to pass into his hands.
Twentieth Interrogatory. — ^Did he take any steps to oppose the
payment at any time after the sale t
Answer. — I think he filed a written protest with the Secretary of
the Interior, against the payment of the money to Mr. Stevens. If
not in writing, he protested verbally. Hr. Lane insisted that the
money should be paid to Mr. Pomeroy, and Hr. Conway, or to such
persons as they might designate, and wrote a letter to the Secretarj
of the Interior to that effect, and Messrs. Pomeroy and Conway
deisignajted Hr. Stevens as the person to receive the money, and it
wae paid accordingly.
Twenty-first Interrogatory. — ^Did Gen. Lane ever make any state-
ment to you, touching his signature being attached to the letter
referred to?
Answer. — I don't think he ever did. I received my information
fW>m a clerk in the Department of the Interior, perhaps from the
Secretary, or both.
Twenty-second Interrogatory. — In relation to the one thousand'
dollars, stated to have been paid by Hr. Stevens, to Hr. Reynolds ;
did he, Stevens, explain who Reynolds was;^aDd whether he ex-
ercised a degree of influence over Lane f
156 PROCEEDINGS IN THE
Answer. — He told me that Reynolds waa a toady of Lane, that
he, Lane, had procured his election to the Elansaa Legislatiure, and
that the payment of the money was equivalent to paying it to Lane.
Twenty-third Interrogatory. — ^What evidence other than the
declaration of Mr. Stevens, had you, that the one thousand dollars
was paid to Mr. Reynolds, with the exception of the presentation of
the letter to you, bearing what purports to be the signature of Qen.
Lane?
Answer. — ^None at all.
R. G. OORWIN.
Sworn to before me,
N. Oallan, Notary Public.
^'A»' EXHIBIT 4.
WA8HINQTON7 Dee. 16, 1861.
To the PrenderU :
The undersigned would respectfully represent, that the State of
Kansas, haa, by an act of her Legislature, authorized the sale of one
hundred and fifty thousand dollars of bonds of said State, bearing
interest at the rate of seven per cent, per annum, payable semi-
annuaDy, and that said bonds have been duly executed, and are now
held by ihe State for sale.
tPhey further state that Robert S. Stevens ia the duly authorised
agent of the State of Kansas, to sell said bonds, and that any contract
made by him will be respected by the State.
The Constitution of the State of Kansas^ prohibits any {urther.
issue of bonds by the Legislature, and also provides that the Legii^
ilature at the time they authoriied the issue of bonds authorised bgv
the Oonstitution, shall provide by law for the levy and coUectioa q£
a tax to pay the interest, and for the ultimate redemption of ti^
bonds. Such a law was passed by the Legislature which authoMod
{he issue of the bonds now offered for sale by the State, and wei d%
not hesitate to say that the interest upon the bonds will be pwmpUs
jMdd, and the principal at maturity.
We understand that the Department of the Interior ftiu. ftutda
l>elonging to several tribes of Indians in Kansas, whio^ by trea^
provisions are to be invested in safe and profitable st^cilMs BeUev<«
V.
IMPEAOHHENT CASES.
167
ing that these bonds are both safe and profitable, we earnestly
recommend to the President, that he shall direct the Secretary . of
the Interior to purchase said bonds at such price as to gidd Secre-
tary shall be deemed advisable.
Very Respectfully,
8. C. POMBROY, U. S. 8.
J. H. LANE,
M. F. CONWAY.
Department op the Interriob, 1
Office of Indian AflFairs, April 28, 1862. J
I, Charles E. Mix, Acting Commissioner of Indian Affairs, do
hereby certify that the foregoing is a true copy of the original now
on file in this office. ' , ^
CHARLES E. MIX.
Acting Commissioner.
UmTED states op AMERICA.
I, Caleb B. Smith, Secretary of the Interior, do hereby certify
that Charles E. Uix, whose signature is annexed to the foregoing
certificate, is now, and was at the time of signing the same^ the
Acting Commissioner of Indian Affairs, and that full faith and
credit are due to his official acts as such.
DEPOSITION OF HON. 8. 0, POMEROY.
Hob. S. C. Pomeroy, of Atchison, in the State of Kan$iaft, of
lawfal age, being by me duly sworn, cautioned and c^^amined,
deposes and saith as follows : - ^
First Interrogatory. — Please state your name, ^ ''residence and
oooupation. . '
Answer. — My name is S. C Pomeroy, nystde at Atchison, in the
State of Kansas, and am forty-five je^ of age, and by occupation,
a laborer.
158 PBOGXSDINOS IN THB
Second luterrogatory. — Will you please to state if you were ever
written to by Charles Robinson, the Governor of Kansas, John W.
Bobinson, Secretary of State, George S. Hillyer, Auditor of the
State of Kansas, or R. S. Stevens, in relation to the sale of Kansas
State bonds prior to the arrival of either of the said parties in the
city of Washington ?
Answer.— The only letter I ever received from either of the parties,
was a letter from John W. Robinson, in answer to a letter I wrote
him.
Third Interrogatory. — ^What was the substance of your letter to
Mr. Robinson, and his reply ?
Answer. — ^Understanding that he had some State bonds for sale,
I wrote to him that if he would send them on, I thought they would
be sold. I referred only to his private property, such as he received
for his salary. He did send me about 25 or 30 hundred dollars
of stock, and his clerk sent on somewhere about eight hundred, and
upon the arrival of Hillyer and Robinson, I turned over to Mr.
Robinson his bonds, and Mr. Weir's to Mr. Hillyer.
Fourth Interrogatory. — Did you at any time communicate with
either of the parties above named, on the subject of the bonds
belonging to the State ?
Answer. — ^The only correspondence I had by letter is stated above.
Afl«r the arrival of the parties, I had frequent conversations with
them on that subject.
Fifth Interrogatory. — ^By whom were you first approached in rela-
tion to the negotiation of the bonds ?
Answer. — ^The first time my attention was called to the subject, was
by the Secretary of the Interior, who told me that he had purchased
some Kansas War Bonds from R. S. Stevens. I mean the ten per
cent, bonds issued on a short time. The Secretary of the Interior
asked my opinion as to the character of the bonds, and the respon-
sibility of the State, and of its indebtedness. 1 told him the bonds
wet a good, and the State liable, and the investment a good one and
safe.
Sixth Interrogatory. — ^Did you know at that time that the law
^authorizing thfi issue of the seven per cent, bonds, limited their
price at seventy cents on the dollar ?
Answer. — ^I had not seen the law myself, and heard different
statements — some said thej could, and some said they could not sell
them for less than seventy cents^
V
V
IMPSACHMBNT CASKS. 159
Seventh Interrogatory. — Had you any oonyeraation with the
Beoretary of the Interior, or Commissioner of Indian Affairs, in
xelation to the purchase of the seven per cent, bonds, prior to the
arrival of the said Secretary of State, or Auditor of Kansas, or B.
8. Stevens in Washington City, and if so, what is the highest prioe
the bonds oouhl be sold for at that time ?
Answer. — At the conclusion of the conversation about the ten
per cent, above alluded to, I suggested to him to purchase the seven
per cent, bonds* belonging to the State. His reply was that he
would consider the subject. I had no communication with him as
to the price.
Eighth Interrogatory. — Did you notify the State authorities of
Kansas, or any person in that State, of the views of the Secretary
of the Interior on the subject ?
Answer. — In the letter alluded to, from me to J. W. Robinson,
I said there was a prospect of selling the bonds, and requested him
to send his private bonds to me, and that is the only notice I sent
to parties in Kansas.
Ninth Interrogatory. — On the arrival of J. W. Robinson, and
George S. Hillyer in Washington City, did they, or either of them,
ask your co-operation in effecting the sale of these bonds, and if so,
what representations were made to you in reference to the same ?
Answer. — ^Both of them asked my co-operation. They represented
that they took their salaries in scrip, which they bonded, and unless
they would sell the bonds, nobody could be paid, as the State had no
money. It cost the State, for eveiything paid in scrip, twice as
much as it would cost in money ; and further, that the bonds could
be sold no where else, as the bonds had no market value, not being
quoted in the prices current.
Tenth Interrogatory. — Did the Secretary of State or Auditor, ou
their arrival in Washington, inform you that R. 8. Stevens had
been appointed the agent of the State, to sell the bonds, or was it
at your instance, or did you advise that he should be appointed ?
Answer. — They did not inform me on their arrivaly that Stevens
had, or had not been appointed. In a conversation with them, I
advised that as Stevens was successful in selling the ten per cent,
bonds, that he would be a suitable person to sell the seven per cent*
bonds. I recommended that they should secure his services in that
manner.
160 PROOEEDINOS IN THE
Eleventh Interrogatory. — Do you know anything of the arrange-
ments made with R. 8. Stevens, by which he was to have ovi - sixty
cents on the dollar, realized on the sale of these bonds ?
Answer. — ^I do not. My first advice to them was to sell th« bonds
for seventy cents, or more if they could get it ; and afterwa ds in
the course of the negotiation, I advised them to sell for s' tty, if
they could get no more, as myself had bought Missouri ^.ses at
forty-seven. Iowa State bonds were then offered here for liity. I
then knew nothing of the alleged limitation in the law, fixing the
price of Kansas bonds at seventy cents, except some contrai ictory
statements alluded to above.
Twelfth Interrogatory. — Had you any intimation at that I . >ne, or
previous to the sale of these bonds on the 20th December, L"- 51, as
to the probable price the Department would pay for them ?
Answer. — I had no knowledge whatever.
Thirteenth Interrogatory. — Do you know anything of the price
Hr. Stevens was to be pud for his services ?
Answer. — I do not.
Fourteenth Interrogatory. — ^Will you state the substance of the
conversation held in your private room with B. 0. Corwin aad R.
S. Stevens, as referred to by K. G. Corwin in his deposition ?
Answer. — I had frequent conversations with them, and cannot
state the substance of any particular conversation ; the subject
generally discussed, and that which 3Cr. Corwin generally consulted
me about, was, as to the power of the Legislature to issue more
bonds, so as to depreciate those then offered for sale. It was my
understanding, that the State was limited, and the State could not
issue any more stock for that purpose.
Fifteenth Interrogatory. — ^Did John W. Bobinson or George S.
Hillyer, state to yon at any time, the arrangement they had made
with R. S. Stevens or R. G. Corwin to sell these bonds, or did you
know of such arrangement prior to their sale ?
Answer. — I have no recollection of their telling me anything
about it. My belief was, that there was some arrangements existing
between them, but do not know what it was. I not did thiak it
my business to inquire.
Sixteenth Interrogatory.— Did you know that R. S. Stevens had
in his possession State bonds, the private property of the Governor,
Secretary of State, and Auditor, and that in their sale to the Interior
Department, they were paid seventy cents on the dollar ?
IMPSAOHMENT OASES. 161
Answer. — ^I knew of no private bonds, excepting those belonging
to J. W. Robinson and Mr. Weir, referred to above, and I knew
nothing of any arrangement for the sale of them.
Seventeenth Interrogatory. — ^When did yon learn that eighty-five
oents'was paid for these bonds ?
Answer. — ^I first learned it by reading some published prooeed-
ings of the Kansas Legislature, about January or February last.
Eighteenth Interrogatory. — ^Had you any interest, directly or
indirectly, in the sale of these bonds, other than to advance the
interests of the State ?
Answer. — I had none.
Twentieth Interrogatory. — ^Did you know anything in relation to
the withdrawal of the coupons for the semi-annual interest due
January 1, 1862 ?
Answer. — I do not.
Twenty-first Interrogatory. — Prior, and after the sale of these
bonds, was any action taken by any member of your delegation to
arrest the sale or payment of the money realized therefrom, if bq,
please state the facts ?
Answer. — ^I understood that my colleague. Gen, Lane, objected
to, or protested against the payment of the money to Mr. Stevens.
Twenty-seoond Interrogatory. — ^What arrangement did Gen. Lane
make with you, in relation to having this money paid directly into
the Treasury of Kansas ?
Answer, — ^He made no arrangement with me, but left a letter with
the Secretary of the Interior, requesting him to pay the money as
directed by myself and Mr. Conway.
Twenty-third Interrogatory. — ^Will you please state what you
know, through what agency the signature of Gen. Lane was obtained
to a communication signed by yourself and Mr. Conway, bearing
date December 16, 1861, and addressed to the President, in which
B. S. Stevens is stated as the agent of the State for the sale of
these bonds, and in which you urged their purchase 1
Answer. — ^The paper was presented to me, in what I believed to
be Stevens' hand writing, was presented by Mr. Stevens himself. I
lead it and signed it, and presented it to Senator Lane. He handed
it back to me without signing it, and said he would consider about
it, and see me the next day. This is all I know about it.
11
162 PROCEEDINGS IN THE
GROSS EXAMINATION BT DEFENDANT'S COUNSEL.
First Interrogatory. — Have you recently examined the letter
spoken of in your last answer, at the Department of the Interior f
If so, please state if it is the same paper you signed and presented
to General Lane ?
Answer. — ^I have seen it within a month, and believe it to be the
same paper.
Second Interrogatory. — Are you acquainted with the hand writing
of Gen. Lane ? if so, please state whether the letter just referred
to b signed in his own proper hand writing ?
Answer. — I am acquainted with his hand writing ; and I think
the signature attached to the paper, which I saw in the Department
of the Interior, is in Gen. Lane's hand writing.
Third Interrogatory. — Please state whether, in advising the Secre-
tary of State and Auditor of Kansas to sell the bonds in question
at sixty cents, if they could get no more, you considered that a
good sale for the State ?
Answer. — Considering the financial condition of the country, I
did think it would have been a good sale for the State, as I believe
they could not have been sold for that amount except to the Secre-
tary of the Interior. I urged him to make the purchase, as I
believed the bonds to be safe and good, and it was the custom of the
Department to invest in Indian funds as far as practicable to the
State where the tribes were located ; the government has also, some-
times, given character to bonds of new States in this way. I
thought it was a good arrangement both for the government and the
State. I did not know what the government was paying for State
bonds.
8. C. POMEROT.
Sworn to before me,
N. Gallan, Notary Public.
DEPOSITION OF M. F. CONWAY.
Martin F. Conway, of lawful age, being by me duly examined^
eautioned and solemnly sworn, deposeth and saith :
First Interrogatory. — Please state your name, age and occupation.
IMPIAOHMENT OASES. 163
Answer. — My name is Martin F. Conway, age, thirty-two years ;
-and a lawyer by profession.
Second Interrogatory. — Were you ever written to by Cbarlea
Robinson, J. W. Bobinson, Secretary of State, George S. Hillyer
or R. S. Stevens, in relation to Kansas State bonds; if so, where,
and state if yon please, the substance of those letters ?
Answer. — ^I nev^r received any such letters at any time.
Third Interrogatory. — Were you ever approached at any time by
either of these parties in relation to the sale of these bonds, and if
80, how often ?
Answer. — I was approached by J. W. Robinson and by G. S.
Hillyer, Auditor of the State. These gentlemen stated to me that
the Legislature of the State of Kansas had authorized the sale of
certain bonds, and that they had been appointed agents to sell them,
and stated also, that there was a fund in the Indian Department
belonging to certain Indians, which the President was authorized'
to dispose of as he thought proper for the benefit of the Indians ;
that the President might be induced to invest it in these bonds^
They required my assistance, and represented how important it
would be to the people of Kansas to effect the transaction. I agreed
to do all I could to help the matter along, and accompanied these
gentlemen several times to the President's house, and to the public
Departments, but failed on each occasion to see the President or
Secretary. I very shortly, however, ascertained that the object had
been accomplished through other influence.
Fourth Interrogatory. — ^Did you know at any time prior to the
sale of these bonds that R. S. Stevens had been appoin^ted, by the
State officers, their agent to dispose of them.
Answer. — ^I did not.
Fifth Interrogatory. — Did you know at any time prior to the sak,
the probable price the bonds would be sold for to the Department,
or was any reference, at any time, made as to the price ?
Answer. — ^I did not.
Sixth Interrogatory. — ^Did you give any advice to the State
officers as to the price they should take for these bonds.
Answer. — ^Did not.
Seventh Interrogatory. — ^Did you know as to the arrangements
between the State officers and R. S. Stevens, by which the bonds
164 PBOCXaDINGS III THS
were to be sold to him at sixty oeQts on the dollar, and he to hold
as his own all that oonld be realised over that sum.
Answer. — ^I did not.
Eighth Interrogatory. — ^Did you advise the State offieers to
employ B. S. Stevens as their agent 7
Answer. — ^I did not.
Ninth Interrogatory. — ^Did you know that the law that authorised
the issue of these bonds limited them at seventy cents on the
doUar f
Answer. — ^I did not.
Tenth Interrogatory. — ^Will you state if you please, at whose
instance you signed the letter addressed to the President, in which
B. S. Stevens is stated as agent of the State, and recommending
the purchase of the bonds by the government ?
Answer. — Can't remember when I signed that letter, ot where«
Xhe probabilities are that I signed it at the instance of one or both
the Senators from Kansas, or I signed because I saw the name of
one or both on the paper before I signed it.
Eleventh Interrogatory. — ^Do you know anything touching the
signature of Hon. J. H. Lane, to that paper, and if so, state all
the facto?
Aoawer.— *I do not.
Twelfth Interrogatory. — ^Do you know whether he protested
against the payment of the money realised from the sale of these
State bonds to Bobert Stevens, or the State officers f
Answer. — He told me he protested against it.
Thirteenth Interrogatory. — ^Will you state whether he had any
oonversation with you upon the subject ? If so state the nature
of it.
Answer. — ^None whatever.
Fourteenth Interrogatory. — ^What arrangement was made with
you and Senator Pomeroy, and General Lane, to draw the money
and pay it over to the State, after the meeting of the Legislature f
AjiBwer.— *I never knew that any such arrangement had been
made.
Fifteenth Interrogatory. — ^What were the circumstances inducing
you, a few days after^ to sign the letters with Senator Pomeroy
requesting the money to be paid to B. S. Stevens f
IMPSAOHMXNT 0A8S8. 165
Answer. — ^Don't remember of signing such papers.
Sixteenth Interrogatory. — ^Do yon know anything tonohing the
writhdrawal of the coupons for the semi-annual interest, due Jantl*
ary 1st, 1862 1
Answer. — I do not.
GROSS EXAMINATION BT DXYENDANT'S COUNSSL.
First Interrogatory.—- Did you oonverse with €feneral Lane on the
eubjeot of the negotiation while it was pending ; if so, can you saj
whether General Lane was apprised of the agenoy of B. S. Stevcpu
in selling the bonds ?
Answer. — I had no conyersation with General Lane while the
negotiation was pending. I called his attention to the matter one
evening at the Avenue House, but he said only a word or two, being
apparently engrossed with some other subject.
DEPOSITION OF HON. CALEB B. SMITH.
Oaleb B. Smith, being of lawful age, being duly sworn, cautioned
and examined, deposeth and saith as follows :
First Interrogatory. — Please state your name^ age, residence and
•oeoupation.
Answer. — ^My name is Caleb B. Smith, age 58, reside in the dtj
of Washington, and am Secretary of the Interior of the United
States.
Second Interrogatory.— -In relation to the State bonds purchased
by your Department, will you please state the amount purchased|
and the amount per dollar given for them, and the time when
purchased.
Answer. — On the nineteenth of December, 1861, 1, as Secretary
of the Interrior of the United States, with the sanction of the
President, purchased of the State of Kansas, through B. S. Stevens,
agent, one hundred and fifty thousand dollars of the seven per cent,
bonds, of said State of Kansas, at the price of eighty-five per cent,
their par value; ninety-five thousand six hundred, were delivered to
me as Secretary, and are now in the poaseasion of this Department ;
fifty-four thousand nine hundred and two dollars of the purchase
166 PROOEBDINGS IN THE
money was paid to Steyens bj requisition upon the Treafiury Depart-
ment for the amount. It was agreed that no further sum should be
paid on account of the bonds^ until the one hundred and fifty thctQ-
sand should be delivered. No more of the bonds have been delivered
since that time, and no more of the purchase money has been paid*
Third Interrogatory. — Will you please state whether any com-
munication was ever made to your Department, either by letter or
in person by C. Robinson, Governor; J. W. Robinson, Secretary of
State ^ or G-. S. Hillyer, Auditor of State, in relation to the siile of
tihese bonds to the Department ; if so, will you state at what time,
and the substance of such communications.
Answer. — I never had any personal communication with either of
these gentlemen in relation to the bonds or their purchase.
Shortly bcffore the bonds were purchased, Mr. Stevens filed in this
Department, a paper purporting to be signed by C. Robinson, Gov-
ernor; J. W. Robinson, Secretary of State, stating that R. S.
Stevens was appointed agent for the State of Kansas, with full
power and authority to negotiate and sell the issue of seven per
cent, bonds, of said State, for one hundred and fifty thousand
dollars. This paper bore date the 25th October, 1861. Upon the
faith of this authority, I recognized Mr. Stevens as agent of the
- State. I havB had no other communication of any kind with either
of these gentlemen.
Fourth Interrogatory.*— Will you please state whether there was
any party occupying an official position from Kansas assisting in the
negotiation of the&e bonds before your Department, if so state who
' ihe person ^as.
Answer. — Mr. Stevens made a written application to me, as the
agent of the State of Kansas,, to purchase the bonds on the third of
December, 1861. I was then disinclined to make the purchase.
Senator Pomoroy called to see me in relation to the matter, and
represented that the sale of the bonds would be an advantage to the
State, to enable them to paj some expenses which, bad been increased
[incurred] in the organization of Uie State government. I made partic-
ular inquiry of him in regard to the resourpes of the State, and the
probabilities of the prompt payment of the interest.
He assured me that the resources of thd State were ample ; that
a law had already been passed to levy a tax to meet the interest
which would.be promptly paid. I then told him that I did not feel
perfectly iiuthorixed to purchase the bonds without the sanction of
IMPEACHMENT CASES. 167
the President ; that if the entire delegation from Kansas would
unite in a request to the President to authorize the purchase of the
bonds, I would recommend to the President his sanction to the
purchase. Senator Pomeroy then told me that the entire delegation
desired it, and would make such request to the President. Shortly
afterwards a letter was handed to me, dated December 16th, 1861,
addressed to the President and signed by Senators Pomeroy and
Lane, and Mr. Oonway of the House, requesting the President to
authorize me to purchase the bonds. A certified copy of this letter
has been furnished, and is among the papers and is hereto annexed
marked " C."
Sometime after the contract was made, but before any money was
paid, Senator Lane called to see me and objected to the payment of
the money to Stevens. He spoke of Stevens' hostility to him, and
did not wish the money paid to Stevens or the State officers, until
after the adjournment of the Legislature. He stated that he had
no confidence in any of them, and if they received the money it
would be used to influence the action of the LegiHlature. I told
him I did not wish to be mixed in with any of their local quarrels '
or troubles, that I had refused to entertain any proposition to
purchase the bonds unless the entire Congressional delegation would
unite in recommending it. I told him then, that I would not com*'
plete the transaction or pay the money to Stevens or any other
person, unless the whole delegation would agree to its being so
paid.
On the twenty-first day of December, 1861, a letter dated the 19th
day of December, was brought to the Department signed by Senator
Pomeroy and Mr. Conway, requesting me, if the negotiation then
pending between Mr. Stevens and mysfilf, for the purchase of the
bonds should be concluded, to pay to Stevens the money for the
bonds he should then deliver, and the balance when they should
afterwards be delivered.
This letter was referred to the Chief Clerk of the Indian Office ;
the account was there stated and sent up to me for a requisition for
the amount which I saw should be paid, t signed the requisition,
and it was sent to the Treasury Department for payment. I had
not then notioed or been informed that Senator Lane's name wa8
not attached to the letter requesting the payment to be made to
Stevens.
The next morning, before I left my house, Mr. Mix, the Chief
Clerk of the Indian Office, came to my house and told me Lane had
168 FBOOSSDINQS IN THE
not signed, and asked me wbetlier I intended that tbe money should
be paid to Stevens without Lane's agreeing to it.
I told Mr. Mix that I had informed them all, that I would not
consent to close the transaction unless the whole delegation agreed
to it. I requested him to go to the Treasury Department, and have
the payment of the requisition suspended, and to tell Mr. Stevens
that the money could not be paid to him unless he would get Lane's
consent.
Shortly afterwards, a letter was handed to me sighed by Gen
Lane, requesting me to send the money for the bonds to the Trea-
surer of Kansas, under the direction of Senator Pomeroy and
Bepresentative Conway, these gentlemen having already requested
me in writing to pay the money to Stevens. I considered Senator
Lane's letter as eqivalent to a request to pay it to him I accordingly
directed the payment of the money to Stevens.
Fifth Interrogatory. — Will you please state whether there was
any reference made, at the time you held this conversation with
Senator Pomeroy, as to the price the Department would pay for
these bonds, or was any reference made to this subject by him or
any one else occupying an official position from Kansas, prior to the
purchase of these bonds ?
Answer. — My impression is, that Pomeroy said nothing about the
price at which the bonds should be purchased.
Sixth Interrogatory. — Please state the circumstances in relation
to the withdrawal from these bonds, of the coupons for the semi-
annual interest due in January, 1862 ?
Answer. — ^There was a coupon on each of the bonds for six months
interest, due January, 1862. The money was paid for the bond
very near the last of December, 1861 ; and as there a very few
days intervening between the purchase and the time when the
•oupons were payable, I agreed that the coupons should be cut off
and retained by the State.
0B0S8 XXAMINSD BT THX DXFENDANT's OO0NSEL.
First Interrogatory. — ^Did Gen. Lane havrany conversation with
you on the subject of the negotiation while it was pending, if so,
state whether he knew that you were negotiating with Mr. Stevens
is the agent of the State?
Answer. — ^I can't recollect any distinct conversation with Lane
in regard to Stevens until he protested against the payment of the
money to him. My understanding was that he knew he was ths
IMPEACHMENT OASES. 169
man I was negotiating with. I had several conTersations with him
before the contract was executed.
Second Interrogatory. — ^Are yon acquainted with the hand writing
of Oen. Lane, if so, is the signature to the letter of the 16th of
December last, addressed to the President, of which yon have
spoken aboYe, in his hand writing 7
Answer. — ^I haye seen Gen. Lane's signature frequently, and from
my knowledge of his hand writing, I suppose that signature to be
genuine.
GALBB B. SMITH.
DEPOSITION OP WM. P. DOLE.
William P. Dole, of lawful age, being by me first duly cautioned|
examined and sworn, deposeth and saith.
First Interrogatory. — ^What is your name, age, residence and
occupation.
Answer. — ^William P. Dole, fifty years of age, and Commissioner
of the Indians, reside in the City of Washington.
Second Interrogatory, — ^In relation to the sale of the seren per
cent. Kansas State bonds. Will you please state the amount of
bonds purchased, and the amount per dollar for them, and the time
when purchased 7
Answer. — ^The answer I make as from information derived from
the records of my office, not from any personal knowiedge of my
own, not being particularly consulted on that subject. The con-
tract was for one hundred and fifty thousand dollars at eighty-five
per cent., was made on the nineteenth day of December, 1861.
Third Interrogatory. — Will you state if you please, by whom the
proposition was first made to your Department to purchase them,
and if any thing was said at that time, as to the prioe the Depart-
ment would be willing to pay for them 7
Answer .^-The first I remember of a proposition to purchase these
i>onds, was a proposition referred to me by the Secretary of ttie
Interior, of the 7th December, 1861, for my opinion as to the pro-
priety of making the purchase. My answer to the Secretary oa
170 PBOOSEDXNQS IN THK
the exhibit marked D, appended to the deposition hereto, and that
subsequently in conversation with the Secretary, he remarked that
he would not close the purchase, but refer the whole mattter to the
President. Subsequently the papers were returned to this office
with the President's approval therein.
Fourth Interrogatory. — ^Will you please state whether any com-
munication was made to you, either by letter or in person, by Chas.
Robinson, Governor, John W. Robinson, Secretary of State, Geo. S.
Hillyer, Auditor of State, in relation to the sale of these bonds to
the Department ; if so, state at what time, and the nature of the
communications ?
Answer. — ^I have no acquaintance with either of the gentlemen
named ; I never had any correspondence or connection with them
on the subject. All the correspondence on the subject is that which
is referred to me by the Secretary of the Interior.
Fifth Interrogatory. — Will you state if you please, whether R.
S. Stevens applied to you in person, as the agent of the State of
Kansas, to sell these bonds to your Department ; and if so, the time
he first approached you on that subject ?
Answer. — He never did.
Sixth Interrogatory. — ^Will you state whether any communica-
cations were made to your Department by Geo. S. Hillyer, Charles
Robinson, or other State officers of Kansas in relation to the sale of
these bonds ; and if so, the nature of such communication from
them now filed in your office ?
Answer. — Two communications were received from the State
officers of Kansas, one bearing date October 15th, 1861, from
Topeka, Kansas, signed by C. Robinson, Governor, J. W. Robinson?
Secretary of State, H. R. Dutton, Treasurer of State, stating that
the provisions of an act entitled " An act to authorize the State of
Kansas to borrow money to repel invasion, suppress insurrection,
and to defend the State in time of war," approved May 7th, 1861,
were not intended to prevent the Treasurer from issuing more than
$20,000 of bonds ; that the intent was to authorize him to realize
from the sale thereof $20,000, and that the Treasurer was fully
authorized to sell said bonds at such price as by him should be
deemed necessary ; such was their understanding of the law
referred to.
The contract between these gentlemen and R S. Stevens, is dated
October 6th, 1861.
IMPEAOHMISNT CABE8. 171
SeTenth Interrogatoi7.--*WM there any pavty oootip3^g an
official position in Kaasajs, assisting in the negotiation ?
Answer. — I think not. The Senators may have mentioned the
subject to me ; certainly tto one else. I have no knowledge, except
by the papers on file, as to who assisted before the President and
Secretary of the Interior.
Eighth Interrogatory. — Will you state whether your understand-
ing was that R. S. Stevens was acting as agent for the sale of these
bonds, or as the owner of them ?
Answer. — I do not.
Ninth Interrogatory. — Did you^ at any time prior to the purchase
of these bond?, state to any person or persons the precise amount the
Department would pay for them ?
Answer. — I did not.
Tenth Interrogatory. — ^Before and after tho purchase of these
bonds, were representations made to you, by any person, to the efifect
that- the transaction was not a bona fide one, and that the State had
been or would be defrauded ?
Answer.*— I had no such intimation until I was subpenaed to
appear before the layestigating Committee, while on my virit
there.
Eleventh Interrogatory. — Do you know anything in relation to
the withdrawal of the ooupons for the semi-annual interest due
thereon ?
j^g^Qf. — ^I do not. I know the bonds were not brought into my
office until about the first of January, 1862. My understanding
was that the bonds were purchased without the coupons.
Twelfth Interrogatory. — ^Was any action taken by Gen. Lane to
suspend the payment of the money paid for these bonds ?
Answer. — ^I have no knowledge of that. I understand, from the
Secretary of the Interior, that the delegation in Congress from
Kansas were to designate to whom the money was to be paid ; such
was done.
GROSS EXAMINED BY DEFENDANT'S COUNSEL.
First Interrogatory. — ^Did not Qen; James H. Lane protest against
the piynent of the money to R. S. Stevens ?
Answer.— rNot to me, that I remember.
jif
172 PEO011DINO8 IN THl
Seeond Iiiterrog»tor7.-*-Will you fVinush a oojiy of tbe letter of
the Oovernor, Seoretery and TreasoMr of Kmuas, as to the ton fer
oent, bonds f
Answer. — ^A oopy thereof b hereto annexed, marked " B. B/'
WM. P. DOLE.
Sworn before N. Callak, Notary Pnblio.
JBI* JBI*
I
EXKCUTIYS DSPABTMSNT, )
Topeka, Kansas, October 15, 1862. J
The undersigned, Exeontive Officers of the State of Kansas,
hereby state that the provisions 'of an act entitled " An act to
authorize the State of Kansas to borrow money to repel inTiaion,
fuppress insurrection, and to defend the Stato in time of war/'
approved May 7th, 1862, were not intended to prevent the Treasurer
firom issuing more than twenty thousand doUars in bonds, but that the
intent was to auiheriie him to issue bonds sufficient to realise, from
the sale thereof, twenty thousand dollars ; and that the Treasuiw
was fully authorised to sell said bonds at such price as by him should
ibe deemed necessary. Such is our understanding of the law referred
vto.
G. ROBINSON, Gk>vemor.
JOHN W. ROBINSON, Sec'y Stoto.
H. R. BUTTON, Trearaier of Stato.
DXPABTHXNT Of THX InTXBIOR, )
Office of Indian AAdrs, May 8, 1862. j
I, William P. Dole, Commissioner of Indian Affiurs, do hereby
certify that the foregoing instrument of writing is a true copy of the
•original now on file in this office*
WM. P. DOLB,
Commissioner.
^
IMFXAOHMXNT 0A8B8. ITS**
DlPAKTMINT Of THX InTSRIOB, )
May 8, 1862. f
I, Oaleb B. Smith, Seereftuy of the Interior, do hereby eertiff
Ihal Wm. P. Bole, whoee ngnatore 10 attaohed to the foregfnng.
otrtileate, is bow, and was at the time of signing the same,
Oomaiiasioner of Indian Afiurs, and that ftiU ftith and oredxt
are dne to his oiSoial aots as snoh.
In testimony whereof, I have hereunto set my hand and caused
the seal of said Department to be affixed this day of May, A. P»-
1862.
CALEB B. SMITH,
Secretaiy*-
ExBcnnvB Dbpa&tmsnt,
Otfiob or THB Statb Auditob
Topelca, Kansas, Oct. 25, 1861
The undersigned, Ezeontive Offioen of this State, anthorised by^
law to dispose of and seU the seven per cent, bonds, the issnance
of ikhich was authorised by an act of the Legishiture ot this State,
^>proTed Hay 1st, 1861, entitled "An act to authorise Ae negotia^
lion of one hundred and fifty thousand dollars of the bonds of thf
State of Kansas, to defray the current expenses of the State,'' and
an act supplementary thereto, approved June Sd, 1861, do hereby
constitute and appoint Robert S. Stevens, Esq., an agent to sell an4
dispose of said bonds, giving the said Stevens full power and
authority to negotiate, dispose of, and sell ihe entire issue of one
hundred and fifty "thousand dollars of said bonds, for the benefit of
the State of Kansas, hereby ratifying and confirming all and what-
ever said Stevens may do in the premises.
Witness our hands this 25th day of October, A. D. 1861.
C. ROBINSON, Governor.
J. W. ROBINSON, See'y of State.
O. S. HILLTSB, Auditor oi State.
174 PBO0EEDINO8 IN THB
• WAsmNGTON, December 3, 1861.
Sir :— •Having been duly appointed an agent, for the purpose of
negotiating . and aeUing the bonds of the State of Kansas, the
issuance of which were authorized by an act .of the Legislature of
that State, approved May 1st, 1861, entitled ^'An act to authorise
t}ie negotiation of one hundred and fifty thousand dollars of the
bonds of the State of Kansas, to defray the current expenses of the
State," and an act supplementary thereto, approved June 3d, 1861,
t hereby propose to sell to you, as Trustee of certain Indian tribes,
the entire issue of bonds authorized by said acts, being one hundred
and fifty thousand dollars, at eighty-five cents on the dollar. I
inclose my authority to sell said bonds, as given me by State officers.
Very Respectfully Tours,
R. S. STEVENS.
Hon. 0. B. Smith,
Secretary of the Interior,
Washington, D. C.
un »
Department op the Intebiob, )
Office of Indian Affairs, December 7, 1861, J
Sir : — ^I herewith' return certain papers, referred to this office by
you, in relation to the purchase of $150,000, bonds issued by the
State of Kansas, such purchape to be made for the benefit of certain
tribes of Indians. My view, in relation to the manner in which all
funds, coming into the possession of the Government, to be invested
in stocks in trust for, and for the benefit of, Indians, have been
fully expressed in my recent Annual Report.
If, however, it is deemed advisable by you to cause such invest-
ments to be made, in any other stocks than those of the United States,
I feel free to state that, in my judgment, the prospects of Kansas, as a
young, growing, and vigorous State, abounding in all the elements
of future prosperity, are such as to warrant the belief that her
stocks, bearing seven- per cent, interest, and purchased at the rate
proposed by Mr. Stevens, as agent for Kansas, vis: at eighty-five
IMPEACHMENT CASES. 175
cents on the dollar, must, in the end, be a profitable and safe
inyestment.
Very respectfxilly, your obedient servant,
WM. P. DOLE, Commissioner.
Hon. C. B. Smith,
Secretary of Interior.
(Indorsed.) The Secretary of the Interior is authorised to pur*
ohase the bonds of the State of Kansas, on the terms named within.
A. LINCOLN.
Department or the Intebiob, \
December 14, 1861. j
Sir : — ^The United States hold in trust for the Kaskaskia Indians
the sum of $40,000, which the seventh article of a treaty made with
them May 3d, 1854, (Statutes at Large, Tolume 10th, page 1084,)
provides may be invested by the President, in safe and profitable
stocks. There is also a fund of $15,000 held in trust for the lowas^
which, under the fifth article of the treaty made with them Kay
17th, 1854, may be invested by the President in the same manner.
The State of Kansas has issued one hundred and fifty thousand
dollars of State bonds, bearing seven per cent, interest, and payable
in twenty years. The State authorities offer to sell these bonds at
eighty-five per cent.
The Constitution of the State prohibits the issaing of bonds to a
larger amount than two hundred thousand dollars, and also provides
that a tax shall be levied to pay the interest.
It seems to me that these bonds would form a safe investment for
the Indians, and the opinion of the President, as to the propriety of
making the investment, is requested.
I have the honor to be, very respectfully, your obedient servent,
C. B. SMITH, Secretary.
To the President.
Washington, Dec. 16, 1861.
To the Prendent :
The undersigned would respectfully represent, that the State of
Kansas, has, by an act of her Legislature, authorized the sale of one
176 PR00EEDINQ8 IN THE
bundled and fifty thousand dollars of bonds of said State,
interest at the rate of seven per cent, per annum, payable semi-
annually, and that said bonds have been duly ezeouted, and are now
held hj the State for sale.
They further state that Robert S. Stevens b the duly authoriaed
agent of the State of Kansas, to sell said bonds, and that any contract
made by him will be respected by the State.
The Oonatitution of the State of EuMisaa, prohibits any further
issue of bonds by the Legislature, and also provides that the Legis-
lature, at the time they authorised the issue of bonds authorized by
the Constitution, shall provide by law for the levy and collection o^
a tax to pay the interest, and for the ultimate redemption of the
bonds. Such a law was passed by the Legislature which authorised
the issue of the bonds now offered for sale by the State, and we do
not hesitate to say that the interest upon the bonds will be promptly
paid, and the principal at maturity.
We understand that the Department of the Interior has funds
belonging to several tribes of Indians in Kansas, which by treaty
provisions are to be invested in safe and profitable stocks. Believ-
ing that these bonds are both safe and profitable, we earnestly
recommend to the President, that he shall direct the Secretary of
the Interior to purchase said bonds at such price as to said Score-
taiy shall be deemed advisable.
Very Respectfblly,
8. C. POMBROY, U. S. 8.
J. H. LANE,
M. F. CONWAY.
Wabhinotok, December 19, 1861.
Hon. G. B. Smith, Secretoiy of the Interior — Sir : In case that
the negotiotion, now pending between yourself and R. S. Stevens,
for the purchase of the bonds of the State of Kansas, is concluded,
we respectfully request that you pay him now for the bonds he is
able now to deliver, and the balance as may hereafter be delivered
and ordered by the undersigned.
Respectfully,
S. C. POMEROY.
M. P. CONWAY.
IMPKACHHENT 0A8£S. 177
Washinoton, December 19, 1861.
Sect. G. B. Smith — Deab Sie: We, the undersigned, most
respeotfullj suggest that the installments, to be paid to our State,
upon bonds sold by its agent, be sent to the Treasurer of Kansaa,
under the direction of Senator Pomeroy and Bepresentative Conway,
now in this city.
J. H. LANE.
N. Callan, Notary Public.
[copy of agreement.]
It is agreed between the United States, by C. B. Smith, Secretary
of the Interior, and the State of Kansas, by R. S. Stevens, agent of
the State, duly appointed to sell the bonds of said State, that the
United States purchase the bonds of said State, dated July Ist,
1861, and payable in fifteen years in the State of New York, with
interest at the rate of seven per cent, per annum, payable semi-
annually in New York, to the amount of one hundred and fifty
thousand dollars, and which is the whole amount of the issue of said
bonds, and which bonds are to be paid for at the rate of eighty-five
per cent, of their par value.
Ninety-five thousand six hundred dollars of said bonds are deliv-
ered to the Secretary of the Interior at this time, and he has paid
to the State of Kansas, on account of the same, the sum of (55,0009
and no further sum is to be paid until the residue of said bonds
shall be delivered, when the balance of the purchase money shall be
paid.
CALEB B. SMITH.
' R. S. STEVENS.
Department of the Interior, December 19th, 1861.
Department of the Interior, )
Deoember 20, 1861.
Sir: — Referring to your letter of the 7th inst., returning papers
referred to you in relation to the purchase of Kansas State bonds
12
178 PROOEEDINOS IN THE
for certain tribes, I have to state that, under the authority of the
President, I have purchased of the State of Kansas, through R. S.
Stevens, agent, 246 bonds of said State, at eighty-five cents on the
dollar, amounting to $54,910,000, as per bill herewith ; which pur-
chase is made for the benefit of the confederate tribes of Weaa,
Kaskaskias, Peorias and Piankeshaws, and the lowas, in the amount
respectively named in the bill for these tribes.
I have also received the bonds described, which are found, upon
examination, to be right.
You will, therefore, adjust the account for their purchase. The
bonds are herewith inclosed to you, to be placed in the iron safe
now in your charge, for safe keeping. The papers, connected with
the purchase of said bonds, are also inclosed.
Very respectfully, your obedient servent,
CALEB B. SMITH, Secretary.
Hon. Wm. p. Dole, Commissioner of Indian Affairs.
Department of the Intebiob, )
April 25, 1862. |
I hereby certify that the foregoing, on pages 1, 2, 3, 4, 5, 6, 7, 8,
9, and 10,* are true copies of the originals on file in this Depart-
ment.
In testimony whereof, I have hereunto subscribed my name, and
caused the seal of the Department to be affixed this 25th day of
April, A. D. 1862.
CALEB B. SMITH,
Secretary of the Interior.
R. O. Corwin being recalled by the plaintiff's counsel, deposeth
and saith :
First Interrogatory. — ^Will you state the substance of the con-
versation between Senator Pomeroy, R. S. Stevens and yourself,
*Thif ooriifloato hM nferenoo to the p«ffw of the original depoiltion.
IMPBAOHMENT CASES. 179
wUle in his private room when you called on Gen. Pomeroj witk
R. S. Stevens, J. W. Robinson and G. S. Hillycr, and left the
latter gentlemen in the parlor, as referred to in jour answer to
seventh interrogatory ?
Answer. — We went there to consult upon the propriety of selling
the entire issue of the bonds, $150,000. All of the bonds had been
given out, except eighty-seven thousand dollars, or thereabouts, in
paying the debts of the State. We wanted Stevens to get in or buy
in all the bonds of the State that had been given out, and sell the
entire issue to the Government. The result of the interview was
that he, Stevens, concluded to do so.
Second Interrogatory. — As the State officers were present at the
time, what reason was there for not consulting them in relation to
this subject ?
Answer. — I do not know. We went into the parlor where Mr.
Pomeroy and his wife and several gentlemen were sitting, and all
engaged in conversation. Pomeroy and Stevens withdrew into
another room, and invited me to accompany them. When we came
out and repoi^ted the result to the officers, they were satisfied.
Third Interrogatory. — Will you please state the compensation
promised by R. S. Stevens, the agent of the State, for your services
in negotiation and sale of these bonds ?
Answer. — ^My compensation was a very small one.
CBOSS EXAMINED BY DEFENDANT'S COUNSEL.
First Interrogatory. — Was it not a subject of conversation with
Gen. Pomeroy, whether the Legislature had power, under the
Constitution, to issue more than two hundred thousand dollars of
bonds, and whether this restriction did not make the present bonds
more safe and valuable ?
Answer. — I understood that to be the opinion of all the partiee
concerned. I answer that that was the subject of conversation thai
night, either in the parlor or in the private room.
R. G. OORWiN.
Sworn to before me,
N. Callan, Notary Public.
The Hon. S. A. Stinson offered the following motion on behalf of
the managers:
In the matter of the impeachment of John W. Robinson, we
move for an attachment against D. H. Wier, as a witness on behalf
of the prosecution.
180 PBOOSEDINOS IN THE
Twentj-one Senators voting aye and one Senator Toting no, the
motion was suBtained, and the attaobment iflsned.
On motion, the Senate adjourned.
FIFTH DAT.
Court Chamber, )
Friday, Jnne 6, 1862, 9 o'clock, A. M. j
Senate of the State of Kansas, sitting as a High Court of Im-
peachment, met pursuant to adjournment.
President in the Chair.
Roll called.
Quorum present.
Absentees — Messrs. Barnett, Denman, Hofiman. HoUiday, Lamb-
din, Lappin, Lynde, Morrow and Sleeper.
Journal of yesterday read and approved.
Present : — ^Hon. S. A. Stinson, and the Board of Managers on4
the part of the House of Representatives.
Hons. F. P. Stanton and Wilson Shannon, and N. P. Case, Esq.,
respondent's attorneys.
John W. Robinson appeared in person.
Mr. Hubbard offered the following order :
Resolved, That the Senate will not proceed with the consideration >
of any matters connected with the trial of impeachments, except in
the presence of seventeen Senators.
It was so ordered.
President announced the appointment of Byron Sherry as Jouma
Clerk, and R. J. Hinton and Robert Parham as Reporters,
appeared and took the following oaths :
State of Kansas, 1
Shawnee County, j ^'
I, R. J. Hinton, do solemnly swear to support the Constitution oi
the United States, the Constitution of the State of Kansas, and to
faithfully discharge the duties of Reporter of the Senate of thtt.
IMPSAOHMXNT OABES. 181
'State of KaiuMB, according to the best of my ability, so help me
God.
R. J. HINTON.
Topeka, Jane 6, 1862.
Sworn to and subscribed before me this 6th day of June, A. D.
1862.
T. A. OSBORN,
President of Senate.
Unitxd Statxs of America,
State of Kansas,
Shawnee County,
I, R. Parham, do solemnly swear to support the Constitution of
the United States, and the Constitution of the State of Kansas, and
to faithfully discharge the duties of Assistant Reporter of the
Senate or the State of Kansas, to the best of my ability, so help me
Ood.
R. PARHAM.
June 6, 1862.
Sworn and subscribed to before me this 6th day of June, A. D.
1862.
T. A. OSBORN,
President of Senate.
>8S.
United States ojt America,
State of Kansas,
Shawnee County,
I, Byron Sherry, do solemnly swear to support the Constitution
of the United States, the Constitution of the State of Kansas, and
to faithfully discharge the duties of Journal Clerk of the Senate of
the State of Kansas, to the best of my ability, so help me God.
BYRON SHERRY.
June 6, 1862.
Sworn to and subscribed before me this 6th day of June, A. D.
1862.
T. A. OSBORN,
President of Senate.
On motion of Mr. Hubbard, the following order was adopted :
Resolved J That one hundred copies of the depositions, read in the
case of John W. Robinson, together with the letters and exhibits
accompanying, be printed for the use of the Senate and for counsel.
On motion of Mr. Hubbard, the Senate took a recess of fifteen
minutes.
182 PROCEBDINQS IN TBE
The time having expired, the Senate was called to order.
[GEORGE S. HILLYER'S TESTIMONY.]
George S. Hilljer being called on the part of the State, was duly
iwom :
Mr. Stinson, Attorney General. — Mr. Hillyer, are you the Auditor
of the State of Kansas ?
Mr. Hilljer. — I am.
Q. What are and have been your duties, in connection with the
State?
A. Issuing bonds^ auditing accounts, Ac, and so far as issuing
them, to countersign and register the same.
Q. Does that apply both to the war and the seven per cent*
bonds ?
A. Yes, sir, both.
Q. Have you a record of the number and the amount issued by
the State ?
A. I have.
Q. Will you state the number of war bonds countersigned by
you?
A. Forty thousand dollars.
Q. What amount of the seven per cent, bonds was countersigned
by you ?
A. One hundred and fifty thousand dollars — ^all there was.
Q. Under what act was the seven per cent, bonds issued, and
what amount was ordered to be issued ?
A. Under that act of May 3d, 1861, and an act supplementary
thereto, approved June 3d, 1861, to the amount of one hundred
and fifty thousand dollars.
Q. At what date were these bonds issued ?
A. The bonds all bear the same date, the 1st day of July, A. D»
1861.
Q. What is the date of the war bonds ?
A. I do not recollect, but think they bear the same date ; I can
tell by looking at the register.
Q. What disposition was made (if you know) of the seven per
cent, bonds?.
IMPEACHMENT CASES. 183
A. Sixty-two thousand eight hundred dollars of those bonds
were issued for the redemption of scrip, — bonds being issued at
seyenty cents on the dollar and scrip received at par.
Q. What disposition has been made of the balance of the seven
per cent, bonds?
A. Eighty-seven thousand two hundred dollars have been nego-
tiated.
Q. When, where and how were th^ negotiated ?
A. They were negotiated and sold to R. S. Stevens at sixty cents
on the dollar.
Q. By whom were they sold ?
A. By the Secretary of State — John W. Robinson, and myself.
Q. Where were they sold ?
A. At Washington.
Q. When so sold J
A. Between the Ist and 15th of December, A. D. 1861.
Q. At what price?
A. Sixty cents on the dollar.
Q. What disposition was made of them (if you know) by Mr.
Stevens ?
A. They were disposed of by him to the Interior Department, as
I understand it.
Q. What, if anything, have you learned from Mr. Stevens. in the
matter — I mean in regard to the price ?
Mr. Stanton. — Mr. President : The defense object to this ques-
tion. It is not important at this stage, and we do not expect to
make issue upon this point. Every one here knows these bonds
were sold for eighty-five cents on the dollar; the evidence of Mr.
Secretary Smith and Commissioner Dole fully state this. Mr.
Stevens may be called and testify in relation to the matter; our
objection is based upon the general principal of refusing here-say-
evidence.
Attorney General. — ^May it please the Court, this prosecution
charges the defendant, John W. Robinson; the witness, Mr. HiHyer,
and Mr. Stevens, with having entered into a conspiracy to defraud
the State. The charge is contained in the Article of Impeachment.
£Mr. Stinson read article number 5, of the Article of Impeachment.]
This question is unimportant to us at this pointf but we charge
184 PROOEEDINQS IN THB ^
these parties with conspiracy and therefore claim a right to all
evidence which may establish this charge. If we should not suc-
ceed in showing the conspiracy, this testimony may be incompetent;,
but if we do so show it, then the acts of one of the conspirators in
furtherance of the common evil design is binding upon all. We
have a right to begin at any part of our case, and if we do not fail
to connect it, as I have indicated with the defendants, it may be
properly stricken out.
«
Mr. Stanton.-— We do not deny the prosecution of the evidence
if they have proved the conspiracy: the witness, however has the
right to refuse answering such questions. Mr. Hillyer is an intelli-
gent gentleman, and is aware that he need not criminate himself by
aos^ring questions of this nature.
Attorney General. — ^He can refuse to answer.
The question was repeated.
A. He never told me the price obtained. I did not know until
his testimony before the Investigating Committee was published.
I do not know that he has spoken of it since.
Q. What conversation, if any, did you ever hold with the defend-
ant in regard to the price of these bonds ?
A. We had several interviews. We understood that there was a
portion of these bonds — fifty thousand dollars — we had a right to
sell without limitation.
Q. That was a part of your conversation, was it ?
A. Tes sir.
Q. What further conversation had you ?
A. We also understood that the expense of negotiating these
bonds was to be retained out of the proceeds.
Q. What conversation did you have with J ohn W. Robinson in
relation to the price which the Department was to pay for these
bonds ?
A. We never had any conversation as to what was paid, as we
never knew; we had determined to sell at seventy cents if it could
be obtained.
Q. What payment was made by Mr. Stevens, at the time of the
sale of these bonds ?
A. Nothing.
IMPEACHMENT CASES. 186
Q. What did he pay you ?
A. He did not pay me anything.
Q. Or the Secretary ?
A. Nothing, to my knowledge.
Q. What security did he give you for the payment of the amount
for these bonds ?
A. We took no security, but his receipt that the proceeds should
be paid into the Treasury.
Q. Have you the receipt ?
A. Not here, I can send and get it.
Q, Where is it ?
A. In my office.
Q. When was he to pay for these bonds 7
A. When the bonds were sold and paid for by the Department)
or to whomever they were sold.
Q. Was there any limitation in the receipt as to the time he was
to pay the amount '/
A. No sir, I believe not.
Q. Did you know at the time you delivered these bonds to Hr.
Stevens what disposition he was to make of them ?
A. I did know that he had a bargain or contract made, or that
the preliminaries were already made.
Q. Did J. W. Robinson know what disposition Mr. Stevens was
to make of these bonds ?
A. Yes sir, we both understood that if negotiated at all, they
were to he sold to the Interior Department.
Q. Did you have any conversation with the Secretary of Interior
in regard to the negotiation of these bonds ?
A. No, sir.
Q. Under the terms of the sale with Mr. Stevens, was he bound
in any way ?
A. No sir.
Mr. Stanton. — The Attorney General will allow me to suggest
that there is a written contract between these gentlemen, which has
already been in evidence before the Investigating Committee.
Mr. Hillyer. — There is such a contract between Secretary Kob-
inson and myself, and Mr. Stevens.
186 PROCESDINOB IN THE
Mr. Stinson. — I do not understand there is Bach a contract
To witness. — Q. Have you the contract made between the
parties ?
A. I kept a copy of it.
Q. Where is it ?
[Witness presented copy of the contract made by John W.
Robinson and himself with Mr. Stevens, printed in the report of
the House Investigating Committee.]
Mr. Stanton. — ^We do not admit that document as evidence only
80 far as proved.
Attorney General to Witness. — Q. You admit that this is a true
copy of the contract made by you and J. W. Robinson, with Mr.
Stevens, do you ?
A. Yes.
The contract was then read :
[copy.]
This certifies that we have employed and constituted R. S. Ste-
vens an agent on the part of the State of Kansas to negotiate and
sell all the seven per cent, bonds of said State, issued in accordance
with the provisions of an act of the Legislature of the State of
Kansas, approved May 1, 1861, and an act supplementary thereto,
approved June 8, 1861, authorizing the issue and sale of one hun-
dred and fifty thousand dollars of the bonds of said State ; and we
hereby agree to give him for his services as such agent, all and
whatever amount of money he may receive for said bonds over and
above sixty cents (60 cents) on the dollar ; that is to say, for all the
bonds belonging to the State, which the said Stevens may sell, he is
to pay into the State Treasury the sum of sixty cents (60 cents) on
each and every dollar.
Witness our hands this third day of December, A. D. 1861.
JOHN W. ROBINSON, Secretary of State.
GEO. S. HILLYER, Auditor of Stote.
This paper is, according to my belief, a true copy of the original.
R. S. STEVENS.
Attorney General. — Q. Is this which I have read, a correct oopy
of the contract made with Mr. Stevens ?
Mr. Hillyer.-*--A. To the best of my recollection, it is a true oopy.
IMPEAOHMSNT 0A8S8. 187
Q. Mr. Hilljer, is this the contract under which the honds were
Bold?
A. It ifl.
Q. Is this the only contract 1
A. It is the only contract.
Q. Was this paper executed hy John W. Robinson and yourself 7
A. Yes, sir.
Q. Where was this paper executed ?
A. At Washington.
Q. On the day of its date ?
A. Yes, sir.
Q. For what purpose did you and John W. Robinson go to
Washington ?
A. I went to sell the bonds ; donH know the entire business of
the Secretary.
Q. Do you know by any conversation you had with John W^
Robinson if he went on that business ?
A. I should think not ; he has some relatiVes in Washington,
whom he expect^ to visit, he left a day or two before I did, and
did not decide on going to Washington until after he got to Chicago.
Q. Did you have any conversation with J. W. Robinson in rela-
tion to the bonds, prior to your going to Washington ?
A. I had several conversations with him.
Q. When you left here did you expect to negotiate these bonds
while absent ?
A. I expected to make an effort.
Q. Had Mr. Robinson any private bonds of his own t \
A. I believe he had. j
m
Q. Do you know what amount ? ^
A. I do not.
Q. Do you know about what amount ?
A. I believe about three thousand dollars.
Q. What disposition did he make of them J
A. They were sold at the same time and place as the State bonds. .
Q. Do you know what price he received for those bonds ?
A. I do not.
188 PROOSEBtNGS IN THS
Q. Did be never tell you what he received for those bonda ?
A. I do not know tbat be did. Tbe report is tbat be received
seventy cents.
Q. Have you beard it so stated in bis presence ?
A. I tbink I bave.
Q. Have you bad any conversation witb Jobn W. Robinson in
•the matter ?
A. I suppose I have.
/Q. Do you know through whom they were negotiated ?
A. Through Mr. Stevens.
*Q. What private bonds bad you witb you ?
•A. I bad fourteen hundred dollars of my own.
Q. Had you any other bonds not the property of the State ?
A. I bad. • But had no interest in, but only charge of them.
Q. What did you do witb your private bonds ?
A. They were sold with the State bonds.
Q. What did you get for them ?
A. I got seventy cents firom Mr. Stevens. No contract was made
ifith him, as to tbe price I should receive. I told him I wanted my
l>onds sold with those of tbe State. On his return, he paid me at
the rate of seventy cents on the dollar. This was his own proposi*
.tion.
Q. Was the whole amount due paid to you at the same time ?
A. Mr. Stevens paid me a portion at Washington, and the
remainder on tbe final settlement here.
Q. At what proportion did he pay you first ?
A. I bad with me $1,400 of my own, two hundred dollars for
Mr. Dutton, and some from Mr. Weir. Stevens paid me, I think,
. a thousand dollars. I tbink Weir's amounted to one thousand
dollars.
Q. Under what arrangement did you have the bonds of Mr.
Weir?
A. I had no arrangement with him. He sent them in a letter ta
.Senator Pomeroy, and asked that they be sold witb the rest^
Q. For bow much did you account to with Mr. Weir ?
A. The whole.
4i. When?
IMFXACHMENT 0A6SS. 189
A. When Mr. Steyens paid me.
Q. What amount did you pay him the firbt time you settled witk
him?
A. I paid him sixty cents oi> the dollar.
Q. How long after did you pay him the balance ?
A. When he left here.
Q. Was it before or after the sitting of the Inrestigating Gon^
mittee?
A. After.
Q. Did you ever see the original paper that this professes to be »
copy?
A. Yes, sir.
Attorney Gkneral. — This paper is attatched to the depositionsr
hut not marked as an " exhibit."'*'
Q. Where was the original paper executed ?
A. At Washington. i
Q. By whom was it executed ?
A. I signed it, and the Secretary.
Q. Who signed the name of Charles Eobinson, Oovernor ?
A. The Secretary signed the Governor's name,
Q. At what time was this paper executed ?
A. It was executed about the first of December, A. D. 1861. I
could not tell the exact day.
Attorney General. — May it please the Court : The paper to
which the witness refers, bears date 25th day of October, A. D.
1861.
The regular hour of adjournment having arrived, the Court rose
till 2 o'clock P. M.
AFTERNOON SESSION.
Senate met pursuant to adjournment.
President pro tem. in the chair.
*8e« depofiUoiifi pp. 143 to 179, inelniiTe.
190 PBOOEEDINOS IN THE
Proclamatiom was made by the Sergeani-atrAnns.
' The roll being called,
Absentees : — Messrs. Barnett, Connell, Hoffman, Holliday, Hub-
bard, Lynde and Morrow.
On motion of Mr. Ingalls, the following order was adopted :
Resolvedy That in closing the case, '' The State of Kansas against
John W. Robinson,'* the arguments shall be limited to four, not
exceeding one session of the Court each, two for the prosecution and
two for the defense, the prosecution to open and close.
Examination in chief of the witness, George S. Hillyer, was
resumed by the Attorney General.
Q. Mr. Hillyer, was any arra/igement made with R. S. Stevens,
in relation to the sale of the bonds, prior to your going to Wash-
ington ?
A. No, sir.
Q. Did you, in connection with Dr. Robinson, or did Dr. Robin-
son, to your knowledge, offer these bonds for sale to any other
party ?
A. I believe not.
Q. When you went to Washington, was there any arrangement
that you should meet Dr. Robinson there ?
A. No positive arrangement.
Q. Was there any understanding ?
A. There was an understanding that if he concluded to go, he
would meet me at the railroad depot in Chicago. As he did not do
80, 1 concluded he had gone on.
Q. While in Washington, did you and Dr. J. W. Robinson, or
Dr. Robinson alone, make any attempt to dispose of these bonds,
except to Mr. Stevens ?
A. We did not.
•Q. At the time you made the negotiation with Mr. Stevens, did
Mr. Stevens expect to sell the bonds ?
A. Yes, sir.
Q. Where ?
A. I was told to Interior Department.
Q. Who by?
IMPEACHMENT CASES. 191
A, I don't know, positively.
Q. Were you so told by Mr. Stevens ?
A. I am not certain, but think Mr. Stevens told me the Depart-
ment of the Interior.
Q. Was that communicated to Dr. Robinson, as well as yourself?
A. I think it was.
Q. For what amount of bonds (if you know) did Mr. Stevens
account for to the State ?
A. I think it was about fifty-six thousand two hundred dollars.
Q. Was there any other contract, agreement or bargain, between
yourselves and Mr. Stevens, except these embodied in the paper
shown you ?
A. There was not — no contract except the one exhibited.
Q. From whose hands did Mr. Stevens receive those bonds ?
A. From my hands.
Q. When?
A. Some time in December, A. D. 18C1. I do not recollect the
date.
Q. Where ?
A. At Washington.
Q, Had Mr. Stevens, prior to the time of your meeting him in
Washington, any of these bonds in his possession ?
A. He had, I believe ; the State Treasurer put some bonds in his
hands. Mr. Stevens had not received any bonds except those
received from Mr. Dutton.
Q. What amount of bonds did you deliver to Mr. Stevens in
Washington ?
A. There were a portion of the bonds there, received from
Dutton, which had been left by Stevens, I forget the amount, I
I think it was $29,000. Prior to my going to Washington there
was $21,000 there; I don't know who took those bonds on. The
121,000 was receipted for by Mr. Stevens, as from Mr. Dutton,
making $50,000 in all. I found them securely lodged in a safe, and
there lefl them. I took on the $87,200, making in all $87,200,00,
th^ whole of which came back into my hands, and were by me
handed to Mr. Stevens, from whom I took a receipt.
Q. Do you know, of your own knowledge that Mr. Dutton handed
those bonds to Mr. Stevens ?
192 PBOCEEDINQS IN THB
A. I do not. I bave seen Mr. Stevens' receipt for the bonds.
Q. Did you not, at any time, request Mr. Button to hand certain
bonds to Mr. Stevens when he called for them, and take his receipt
for the same ?
A. I donH remember. Very likely the bonds were deliyered to
Mr. Stevens by order of myself, or by the other officers.
Q. At the time Mr. Stevens took these bonds, were they not in-
complete, lacking the signature of the Oovemor ?
A. I think all of that amount mentioned were perfected. I
think all was perfected excepting the amount $37,200, (thirty-seven
thousand, two hundred dollars) I took on myself.
Q. By whose order did Mr. Button deliver those bonds to Mr,
Stevens ?
A. By the consent of myself, I presume. I do not know that any
other was in it, probably after consultation with the Secretary it
was agreed upon.
Q. For what reasons were those bonds delivered to Mr. Button J
A. I have no distinct recollection, but, to the best of my know-
ledge, for to get a receipt for them from Mr. Stevens.
Q. By what arrangement did Mr. Stevens take the $29,000 bonds
from Mr. Button ?
A. The $29,000 bonds were received from Mr. Button in New
York, as I understand from his testimony before the Investigating
Committee.
Q. Was it done in accordance with any arrangement between Br.
Robinson and yourself and Mr. Stevens ?
A. His (Stevens) name was not mentioned in connection with the
transaction at that time.
Q. When Mr. Button took those bonds, were there any instruc-
tions from Br. Robinson, or him and yourself, that he should make
any certain disposition of them ?
A. I don't recollect the date Mr. Button went East with the War
Bonds, and took at the same time $29,000 of the seven per cent,
bpnds, with instructions, whether written or not I don't remember.
1 think they were given by the Crovernor, Secretary and myself, to
sell them at not less than seventy cents on the dollar ; he wrote that
he could not sell them at that price. I did not know that these
bonds were in Washington. When I reached there, I learned that
Mr. Stevens left them there in safe keeping.
IMPSAOHMEHT 0ASB6. 19S
Q. From whom ?
A. H. L. Stevens.
Q. When did you and Dr. Robinson first commence making
arrangements with Mr. Stevens about the selling of these bonds ?
A. It was about the first of December, in Washington.
Q. Had you any conversation with him prior to that time ?
A. Tes, some time in October, I think, in relation to the bonds ;
about the middle I think.
Q. What was that conversation ?
A. The proposition was made to the Governor, Secretary Robin-
son and myself, by Mr. Stevens, about selling these bonds, nothing
resulted, and no official action was taken. I think the only conver-
sation I had with Mr. Stevens was in Washington.
Q. What was the cost to the State to negotiate these bondji ?
A. It cost $350, paid out of the proceeds of the bonds sold tqt
sixty cents — to pay my expenses to Wi^ington — the Seoretarya
while there, and our passage home.
Q. What compensation, if any, did Dr. Robinson reoMve IW)hi
Hr. Stevens ?
A. I have no knowledge of his receiving any whatever.
Q. By whose authority and consent did Mr. Stevens purchase
these bonds at sixty cents ?
A. By the Secretory 's and my own.
Q. Any other authority ?
A. No other authority there.
Q. Did you not learn, at any time while in Washington, the
price at which these bonds were sold ?
A. I did not.
Q. Did you not learn about the price they were sold at ?
A. No, sir.
Q. Did you know whether or not, they were sold for less than
seventy cents to the Interior Department ?
A. I did not know any thing about it at all. I inquired of Sen-
ator Pomeroy, but he said he [knew] nothing. No action had then
been taken by the Department.
Q. Did you ever hear Dr. Robinson say any thing in the matter ?
A. I heard him say he did not know.
13
194 PEOOESBINaS IN THE
Q. Waa ever any money paid you by Mr. Steyens for the State
bonda?
A. No, sir.
Q. Or Dr. Robinson f
A. Not that I know of, either directly or indirectly.
Q. Was Mr. Stevens at any time, prior to your going to Wash-
ington, constituted your agent for the sale of State bonds t
A. No, sir, he was not so constituted. The appointment was
consummated in Washington.
Q. Do you know of your own knowledge where the balance of
the bonds are, that are not accounted for ?
' A. The balance of the bonds not paid for by the Department,
Mr. Stevens accounts for as being now in the possession of the
Department.
Q. In the authority which I exhibited to you, you said the Gor-
emor's name was signed by the Secretary, Dr. Bobinson — why was
it done ? ^
A. He said the Governor gave him authority to use his name, if
it became necessary.
Q. Was it necessary for him to do so at that time T
A. I do not know that it was.
Q. Do you know for what purpose Mr. Stevens used that paper f
A. To show the Department that he had power to act for the
State, I suppose.
Q. Did Dr. Robinson and yourself, or Dr. Robinson himself, make
any application to the Interior Department, to sell these bonds ?
A. No, sir.
Q. I believe it became the duty of the Secretary to countersiga
all the bonds, did it not 7
A. It was.
Q. Was the $40,000 War Bonds countersigned by the Secretary f
A. Yes, sir.
Q. What amount of the 140,000 War Bonds were sold ?
A. There was $81,000 sold.
Q. Who to ?
A. R. S. Stevens, agreeably to Mr. Dutton's report.
P. At what price ?
A. At forty cents.
IttPBAOHMBNT 0ASS8. 19S
Q. Ton flay you do know that Dr. Robinson conntersigned the
$40,000 of War Bonds ?
A. The law requires me to register, and I noticed that all the
bonds were signed by the Governor, and countersigned by the
Secretary and Treasurer.
Q. I believe these seven per cent, bonds were made with coupoDB,
were they not ?
A. Yes, sir«
Q. Where were the coupons at the time these bonds were de-
livered to Mr. Stevens ?
A. On the bonds.
Q. I believe these were dated July 1st, were they not ?
A. Yes, sir.
Q. Were the coupons due on the Ist of January, on the bonds»
when delivered ?
A. Yes, sir, all coupons are attached to bonds when sold.
Q. Do you know what became of the coupons due oa the Ijl ^
January?
A. The l!reasurer reports them as paid by him.
Q. Have you ever seen them since ?
A. Have seen coupons in his office ; don't know if they are the
same ; there is a large number.
Q. Do you know anything of the printing of the banking law
that was made at the last session ?
A. Yes, I know something of it.
Q. Are those accounts audited by you ?
A. Yes, sir.
Q. Do the vouchers show the specific newspaper for which they
were intended ?
A. Yes, the vouchers will show, I believe.
Q. Did you audit an account for the publication of the banking
law, for the Wabaunsee Patriot ?
A. I think there was such an account audited and paid. I have
searched my papers, but cannot find this voucher.
Q. Have you made diligent search for it where you thought it
was to be found ?
A. It was given to some legislative committee, or the Board of
Kanagers, and I have not been able to find it since. I drew a
warrant for the amount, and it was paid.
196 nOCSBDINQS IN THX
Q. What wan the amount of that youcher ?
A. It was three hundred and forty-four doUan, I beliere.
Q. What connection did the Secretary of State hare wiih thai
■Atterf
A. The accounts are sworn to by the parties to whom they aff»
4ae. This banking law was to be published by the Secretary of
State. I required that the Secretary's certificate should be attaoheA
to each account.
Q. Was it done on that youcher t
A. It was on that. I did not allow any account without tsmik
certificate.
Q. In fayor of whom was that warrant drawn ?
A. It was drawn in favor of J. F. Cummings, and transferred to
R. S. Steyens. My books show this transfer. I was ordered to pay
accounts to parties to whom transfers were made.
Attorney General to defendant's counsel. — ^Tou can take the
witness.
Cross examined by Hr. Stanton :
Q. Will you state what efforts you and Dr. Robinson made to sell
these bonds before or after you went to Washington, and before you
made the arrangements with Mr. Stevens ?
A. We never jointly maide any such effort. Knowingly to each
other we wrote, I to New York, he to Chicago.
Q. What was the result of your correspondence ?
Attorney General. — I submit to the Court whether this evidcDce
ean be properly introduced, except in writing. '
Mr. Stanton. — Does the gentleman object to the question ?
Attorney General.— I will not urge the objection at this time.
Mr. Hillyer.— The information I received was, that to put bondft-
in the New York market, would be equivalent to throwing them im
the stove. I wrote to a brother in New York who had previously
done some business of this kind. He said, further, he would go t^
Hartford or New Haven to see if a sale could be effected. He wtoU
M> gentlemen who had dealt in securities.
IMPSAOHMSNT OASES. lO^T
Q. Wbat conclnsions did jou and Mr. Robinson come to, i^
regard to the selling of these bonds elsewhere than at Washington f
Attorney General. — May it please the Court: I object to
reoeiving this testimony. I am not willing that such evidence
should be allowed. We are not here to try these gentlemen's con*
elusions. I am willing to give a broad latitude to examinations, to
eonnteract any feelings that may arise in the minds of gentlemen,
as to the apparent negligence of John W. Bobinson or Mr. Hillyer,
while in office. But conclusions are yours and not theirs.
Mr. Stanton. — Mr. President and Senators : This question is
one of motives and purposes equally with facts. I submit to the
good sense of this body, as well as to their discretion, if it is not
proper for this witness to testify that he and his colleagues came to
the conclusion that they could not sell these bonds anywhere else
except to the Government. It is a question of motives on their
part. Yet 1 submit, if we show this, whether it is not a question of
fact also. I might put the question in another form. I could ask
the witness, why did you not go to New Terk to Sell these bonds 7
It would be competent for him to reply, tiiey could not be aoU
there, and then state the reasons. I think, with all due respect to
my friend, his objection is rather a captious one.
Attorney Gtenend.— May it please the Oourt : I am aware thai
this is a question of intent, as well as of aetions j but I am not
aware that it is competent, in a court of justice, to show the intent
of an accused party, except by their acts. No man can stand, ia
mieh a court, and endeavour to prove that he is not guilty of a
orime charged and proven, on the plea that, deep down in his heart,
he did not mean to commit a crime. The question of intent is
simply this : Did the party charged do an act in violation of law,
and did he intend to do that act ?
Mr, Stanton.— Mr. President: The principle that the intent
governs the criminality of aetions, is one well laid down in common
law, and in all the authorities. We, therefore, claim that testimony,
to prove the motives and ressons of John W. Robinson, in selling
these bonds, will be perfectly legal and proper.
Attorney General.— May it please the Court; If it is true thftt
Hiese parties are guilty, as charged in the Articles of Impeaohment
«pon which ihey now stand arndgned, it will be seeft that iilww
198 PEO0KSDINO8 IN THE
plans were well laid, and that they might well seek to disguise their
guilty intents from themselves and each other, by such means as
these counsel are now seeking to show in justification. It is com-
petent to prove what John W. Robinson did, but not to show his
conclusions prior to such acts. I therefore object to the question.
The ayes and noes were taken on the objection, with the following
result :
Ayes — Messrs. Bayless, Cobb, Gonnell, Curtis, Hubbard, Knowles>
Lambdin, Roberts and Sleeper — 9.
Noes — ^Uessrs. Barnett, Denman, Essick, Ingalls, Keeler, Lappini
McDowell, Rankin, Spriggs and Stevens — 10.
And so the objection was not sustained.
Mr. Cobb. — Mr. President : I desire to explain my vote. I
understood the rule of law to be that conclusions cannot be given in
evidence ; only acts. I therefore sustain the objection relating to
the conclusions of J. W. Robinson and the witness.
Witness. — Our conclusion was that we could not effeot a sale*
except in quarters other than these we had tried.
Q. Will you tell us why you did not go yourselves and negotiate
with the Secretary of the Interior at Washington ?
A. When I arrived in Washington, I called on Senator Pomeroy,
and had a talk with him.
Attorney €kneral. — ^May it please the Court : I make one more
objection. If we are to go into heresay testimony, I am willing ;
but I desire the rules shall be relaxed generally.
Mr. Stanton. — Mr. President and Senators : If you will examine
the depositions read here in the commencement of this trial, you
will see that the conversations of witnesses are there reported. It
is true that bonds were sold at sixty cents on the dollar, by this
defendant. In doing this, we desire to see if he was specifically
advised by the congressional representatives of the State.
Attorney General. — ^May it please the Court : I object to these
' witnesses giving heresay testimony. It is not proper to introduoe
here what Mr. Pomeroy said. As to the depositions, counsel did
* not object to the introduction of this class of evidence, beoause it
told for, more than against them. Had such evidence been then
objected to, I should not have resisted the objection.
IMPBAOHUENT CABKS. 199
The ay^8 and noes were taken on the objection, with the following
lesult :
Ayes— Messrs. Cobb, Curtis, Knowles, Lambdin, Lappin, Mc-
Dowell, Osbom, Rankin, Rees, Roberts, Sleeper and Spriggs — 12.
Noes — ^Messrs. Bamett, Bajless, Connell, Benman, Essick, Hub-
hard and Ingalls — 7.
And so the objection was not sustained.
Q. Mr. Hilljer, during the proceedings, did you and Mr. Secre-
tary Robinson, in making the sale of these bonds* act on the advice
of any other person than yourself?
Attorney General. — ^I object to the question.
Mr. Stanton. — Mr. President : It is hardly worth while for me to
discuss this question. It is evident that this objection will be sus-
tained. The defendent is accused of conspiracy, and we are not to
be allowed to show that he, and those associated with him, acted in
the matter upon the advice of our Senators and Representative in
Congress. It will not injure our client if this objection is
sustained.
The ayes and noes were taken on the objection with the following
lesult :
Those gentlemen voting aye, were Messrs. Cobb, McDowell,
Rankin and Spriggs — 4.
Gentlemen voting no, were
Messrs. Bamett, Bayless, Connell, Curtis, Denman, Essick,
Hubbard, Ingalls, Keeler, Knowles, Lambdin, Lappin, Roberts and
Sleeper — 14.
And so the objection was not sustained.
Mr. Denman, in voting said. — Mr. President : By the character
of this evidence, we are led to believe that our Representatives in
Congress may have something to do with this matter. To get at the
truth, is the only reason I have for voting *^ No"
The question was renewed.
Mr. Hillyer. — We did. I acted on the advice of Senator Pomeroy
so far as I am concerned, almost exclusively.
Q. What advice did Senator Pomeroy give you ?
A. He advised us to take sixty cents for the bonds.
Q. What was Senator Pomeroy's advice to you in relation to
seeing the Secretary of the Interior yourselfs 7
200 PB00BSDING8 IN THB
A. Senator Pomeroy told m% on my arrival at Washington, that
it would be impossible to effect negotiations with the Interior
Department; his reasons given were, that Mr. Dole had just
returned from the West, and was opposed to such investmentSi
especially in Kansas bonds, and he believed the funds uped in this
were nearly exhausted. Upon a suggestion of my own, he agreed
to go and ascertain the amount, if any, still left, and ascertain if
possible, whether such negotiations could be effected. I called a
day or two after, and he reported a sufficient amount to take all the
Kansas bonds, but it was doubtful if the money would be so in-
vested ', I said to him, I expected Hr. Stevens in a few days, that
he ^ad had a good deal of business with the Department, and asked
what he thought about his influence. He replied, that Stevens was
the best man, and we had better do nothing till he came. I waited
on that advioe till Mr. Stevens arrived.
Q. Did Senator Pomeroy advise you against seeing the Sacretaiy
of Interior yourselves or not ?
A. He did, thought it would do no good.
Q. After Mr. Stevens came to Washington, what propositions did
Secretary Robinson make to him in regard to the sale of these
bonds ? I mean, what propositions were made to Mr. Stevens in
allowing him to sell these bonds f
A. In consultation, it was thought best that Stevens should take
the selling of the bonds, and Senator Pomeroy advised the making
of Stevens, agent. I don't know that there was any proposition
made as to the amounts ; we decided at the first interview to make
dtevens agent.
Q. At what price ?
A. No price was stipulated, we supposed they would bring seventy
cents. Mr. Stevens reported, before the negotiations closed, what
eould be done, and what not.
Q. Did not Secretary BobinsoB object in the first place, to receiv-
ing anything less than seventy cents ?
A. He did at first refuse to accept less than seventy cents, he
afterwmrds said, that if Pomeroy advised it, he would waive hii
•bjections.
Q. Do you act recollect of his objecting positively to sell them
my lees?
IBIPEACHMSNT CASX8. 201
A. It 18 possible he may have said that he would not take less
than seventy eents, he was very much opposed to the sale.
Q. When you first executed the paper, appointing Mr. Stevens
agent, did you then contemplate taking less than seventy cents f
A. We did not expect to take any less.
Q. Do you not remember Dr, Kobinson insisting on getting sixty-
ive cents if they could not get seventy cents ?
A. He did want sixty-five cents.
Attorney General.— May it please the Court, I object to this
question. The defense have no right to ask leading questions of
this character. If we had asked, or called out from the witness,
anything in relation to this sixty-five cents, it would be a proper
question. I submit whether this examination is of a proper character.
Without meaning to reflect, let us look at the facts. The witness
aow on' the stand, stands charged under similar Articles of Impeach-
tnent, with like offenses. It is certainly fair to say, that he must
therefore, have a strong bias in proving, and be induced, by ingenious
questions from learned counsel, to show that John W. Robinson U
A pure and honest man.
Mr. Stanton. — ^Mr. President : This question may be a leading
<me, imd the form can be changed, but if we can prove that Dr.
Robinson did first try to get seventy cents, then sixty-five, we admit
that while this would not excuse a violation of the law, that it will
be important in showing his motives. With the permission of the
Senate, I will read from Oreenleaf on Evidence, Vol. 1, page 188,
Section 108. This will be found to bear directly upon the case :
'* His declarations, made at the time of the transaction, and
expressive of its character, motive, or object, are regarded as < verbal
acts, indicating a present purpose and intention,' and are therefor^
admitted in proof, like any other material fkots. So, upon an
inquiry as to the state of mind, sentiments, or disposition of a per-
aon at any particular period, his declarations and conversations are
admissible. They are parts of the resgeUce"
Attorney General. — ^I waive the objection.
Mr. Stanton.— Mr. Hillyer, do you remember Dr. Robinson insist-
ing on getting sixty-five cents, if they could not get seventy cents,
in some stage of the proceedings t
Witnta.— I do.
202 PE00IEDING8 IN THX
Q. Do yoa remember at what time, or at wliat period of the
negotiationB Dr. Robinson finally consented to the sale at sixty
eents?
A. I do not.
Q. What consideration induced you and Dr. Robinson to accept
sixty cents, when the law apparently demands they shall not be
fold for less than seventy cents ?
A. We thought the imperative interests of the State demanded
it; that is all I know of Robinson's interest in the mattter.
Q. What information as to the value of the bonds, induced you
and Dr. Robinson to accept sixty cents for the bonds?
A. My information, as well as knowledge and belief, was that, if
we failed to sell to the Oovemment, we lost our only chance; accord-
ing to our judgment and that of Senator Pomeroy, this was our only
chance.
Q. When Mr. Stevens was receiving eighty-five cents on the
dollar for these bonds, why was it you and Robinson consented to
take sixty cents?
A. We did not know what he was getting for the bonds, and I
don't know that others did. We understood that the bonds of other
States were selling for less, and we did not expect to get more.
Q. You say that when Mr. Stevens was first appointed as agent
you expected to get seventy cents did you ?
A. We did expect to realize seventy cents.
Q. Why then did you come so low as sixty cents ?
A. Mr. Stevens reported to us that was the best he could do, that
we would have to take that, for he could get no more; the negotiv
iions were in such a shape that it could not be effected without
him — ^Mr. R. S. Stevens.
Q. At any time during these negotiations, state whether or not
these bonds were drawn from the hands of Mr. Stevens?
A. They were withdrawn when he first made the proposition of
getting but sixty cents; with my views and those of the Secretary
we did not believe it would be right. I took the bonds back, and
gave Mr. Stevens his receipt. Afterwards, Senator Pomeroy ad-
vised our taking sixty cents. I took the bonds from Mr. Stevens
with the intention of returning home.
Q. How often did you and Robinson visit and hold interviews
with Gen. Lane in relation to the sale of these Bonds ?
IMPEAOHMENT CASES. 20&
A. I think we went together two or three times to see Gen. Lane;
the business was generally done by me alone.
Q. Was it only two or three times in connection with Robinson
yon went to see Gen. Lane on this matter ?
A. Don't think it was more than three times we went together.
Q. Did Stevens ever go in company with you and Robinson to
see Gen. Lane.
A. Mr. Stevens never went with me.
Q. Did Gen. Lane ever denounce Mr. Stevens as a thief in your
presence ?
A. He did denounce him. I do not recollect being with Mr^
Stevens in Gen. Lane*s room, and hearing him denounce Mr.
Stevens.
4
Q. You say he never denounced Mr. Stevens as a thief when he
(Stevens) was with you?
A. He never denounced Mr. Stevens when he was with me.
Q. Will you state whether Gen. Lane made any propositions in
regard to the sale of these bonds ?
A. After I had stated to him what had been done I called upon,
him to sign the papers necessary to effect the negotiation. He was
very angry, denouncing Mr. Stevens, and said he could not consent
to do anything while Mr. Stevens was agent. We met at the Ave-
nue House, and then took a walk. He wished me to take the
agency for the State, and said he would cheerfully assist me; he
asked me about what my expenses would be. I told him my
expenses would be allowed. He then proposed that I should take
the agency, agree upon a per centum which I would report to the.
State, adding thereto 5, 7, or 8 cents as I pleased, it did not matter
much which, for myself, and he would help to put it through. I
refused to do this; he then proposed to have me carry the money to
Kansas. I agreed, and told him I thought Stevens would. The
responsibility of taking money to Kansas at that time was not
pleasant. He finally proposed that Messrs. Pomeroy and Conway
should have charge of the sending of the money to Kansas. This
suited me better.
Q. Was there any proposition made by Gen. Lane to divide the-
profits on the sale of these bonds ?
204 PftOOSSBlNGS IN THK
A. None at all. I refused to have anything to do with it. No
more was said.
Q. Do you know anything of Gkn. Lane's having signed the
letter addressed to the President ?
A. I know of his signing that paper. I saw him write tiie name
to ih« paper himself.
Q. Was Mr. Stevens' name in the letter at the time ?
A. It was.
Q. Do you know if Lane read the letter before he signed it f
A. I do not. He took it, opened and read it, as I supposed,
wrote his name to it, and returned it.
Q. Do you know if Gen. Lane's attention had been called to that
letter previously i'
A. Yes sir, frequently. The Secretary and myself called hia
i^ttention to it. He refused that day to have anything to do with
it, for ihe reason that we were backed by Stevens,. I have no per-
sonal knowledge that he saw the paper before, only that he said,
tm the day we called, that he had had it.
Q. Who was present beside yourself when he signed itf
A. I do not remember that there was any one ; I think not, I
was in only a minute.
Q. Was Reynolds there ?
A. I don't remember. It is possible he might have been. I did
not notice him.
Examination in chief resumed.
Attorney General. — At the time Pomeroy recommended the sale
H>f these bonds, to whom did he recommend you to sell them f
A. He recommended to us to accept Stevens' propoeition-Hrizty
eents, saying that, if we failed in that, we could not sell at all.
Q. Did you and Secretary Robinson tell him that the law limited
you to seventy cents t
A. I did have a conversation with him in relation to a portion of
those bonds, that, under the supplementary act, ihe law limited us.
Q. Did you state to Pomeroy that the law restricted you to seventy
^ntsf
IMPBAOHMENT CASBS. 205
A. I don't know if the Secretary was present. I called hit
.(Pomeroy's) attention to that fact.
Q. Did you tell him 1
A. I did.
Q. Did Senator Pomeroy advise you to sell those bonds in violiK
Am of law ?
A. He advised me to sell them at sixty cents.
Q. When General Lane proposed yon shonld act as agent for the
sale of these bonds, what price did he suggeet they should be sold
at?
A. He never said any thing about the price of the bonds himself^
directly or indirectly, he advised me to say what amount I woul4
return to the State, and then add the per cent., and he would assiai
me in putting it through.
Q. Did Secretary Robinson and yourself believe you had a riglii
to appoint Mr. Stevens as agent for the sale of these bonds t
A. We did think we had a perfect right to do so.
Q. During the progress of these negotiations in Washingtoa, dad
Dr.* Robinson make any effort to sell these bonds to your knowledge f
A. Not that I know of
Q. How much did you and Dr. Robinson suppose Stevens was lo
get for these bonds ?
A. I never had any supposition about it; I presumed he wan
making a fair per cent., I did not know what he was getting.
Q. Did Robinson say about what price he supposed Stevens wae
to get?
A. He said he presumed that Stevens would do well.
Q« Did you or Dr. Robinson make any inquiries at Washington,
what you could get for these bonds ?
A. No, sir. I never spoke to the Secretary of the Interior, or
Mr. Dole, while in Washington.
Q. Did Mr. Stevens or Dr. Robinson, state to you what he could
get for your individual bonds ?
A. No, sir, he merely consented to let them go in — ^that is, my
mdividual ^onds — ^with the State bonds. When he settled, he pail)
me seventy cents. He was under pp obligations to do so, but did
it of his own accord.
Q. How many written contracts did you have with Stevens in
relation to these bonds f
206 PBOOEEDINOS IN THX
A. But one.
Q. How many writings did jou have in relation to these bonds f
A. A receipt or two passed there, that is all I know of. I gare
him back a receipt when I took back the bonds, he gave me another
receipt when the bonds were returned to him.
Q. What time in December was the paper ezeonted, bearing dale
25th or 26th of October ?
^ A. Between the Ist and 6th.
Q. Was it as late as that ?
A. It was.
Q. Do yon know anything of John W. Robinson's haying
received any part of the proceeds of these bonds ?
A. No, sir.
Q. Did you ever hear him say anything abont receiving any-
thing ?
A. No, sir.
Q. Did you ever hear Stevens say any thing about paying hi»
anything ?
A. No, sir, I heard him say he had not.
Q. Was there any effort on the part of Eobinson to keep these
aegotiations a secret, while in Washington ?
A. No, sir, there was not.
Q. Or at any other time ?
A. No, sir.
0B0S8 EXAMINATION BESUMED BT THE DEFENSE.
By Mr. Stanton. — What propositions did General Lane make you
at the time you were speaking of the sale of the bonds to him f
Witness. — He simply said, I should affix a price to return to the
State, and then add 5, 7 or 8 cents, and he would help it through.
Q. What answer did you make J
A. I told him I would have nothing to do with it.
Q. Did you ever represent to Gen. Lane that Stevens had nothing
to do with these negotiations ?
A. I never told G^n. Lane that Stevens was not connected with
the Bale.
Q. You never told him, he, (Stevens) had not any thing to do with
it?
A. I did not.
IMPXACHMSNT OASSfi. 20T
Q. Did Br. RobinBon ever liaye control of those bonds at any
time ?
A. Dr. Robinson never had them in his possession.
Q. Did you tell Dr. Robinson what Senator Pomeroj said about
yonr not attempting to make the sale yourselves ?
A. Yes, sir.
EXAMINATION IN CHIST BXSUMED.
By Attorney General. — ^Were not these bonds under your joint
oontrol ?
A. I suppose they were.
By the President. — Did Senator Pomeroy tell you the bonds eould
not be sold for more than sixty cents ?
A. He did not make any such remark to me ; when I told him of
it, he said that if we failed in that, case, we should probably fail
altogether.
The examination of this witness here closed.
On motion Senate adjourned.
SIXTH DAT.
Senate Chamber, . )
Saturday, June 7th, 1862, 9 o'clock, A. M. J
The Senate of the State of Kansas sitting as a High Court of
Impeachment met pursuant to adjournment.
President in the Chair.
Boll called.
Quorum not present.
On motion, of Mr. Ingalls, the Sergeant-at-Arms was sent after
absentees.
Sergeant-at-Arms appeared with Messrs. Bamett, Denman and
Stevens.
On motion flirther proceedings under the call were dispensed
with.
Quorum present.
Journal of yesterday read and approved.
208 Pl^OOEEDINQB IN THE
Present, the Hon. S. A. Stinson, and the Board of Mana^rs on
the part of the House of Representatives.
Hon. Wilson Shannon, Hon. F. P. Stanton, and N. P. Case,
Esq., attorneys for defense.
The President appointed Augustus A. Smith, Assistant Secretaiy,
who came forward and took the following oath :
State of Kansas, )
Shawnee County, j
I, Augustus A. Smith, do solemnly swear that I will support the
Constitution of the United States, and the Constitution of the
State of Kansas, and that I will faithfully discharge the duties of
Assistant Secretary, of the Senate of the State of Kansas, accord-
ing to the best of my ability, so help me God.
AUGUSTUS A. SMITH.
Topeka, June 7, 1862.
Sworn to and subscribed before me this 7th day of June, A. D.
1862.
T. A. OSBORN,
President pro tem. of the Senate of the State of Kansas.
Hon. Davies Wilson, on the part of the Board of Managers
announced, that in consequence of the illness of Hon. P. B. I'lumb,
the Hon. Azel Spaulding, had been nominated by the Board, its
Chairman pro tem.
Hon. Wilson Shannon. — Mr. President : We desire to inform the
Senate, that Judge G. W. Smith, has been associated with counsel
for defense, and we wish to haye his name so recorded on the
Journals.
It was so ordered by the President.
[H. B. BUTTON'S TESTIMONY.]
Mr. Button called and sworn on the part of the State.
By Attorney General. — I believe you are State Treasurer, are you
not?
A. Some say I am, some say not.
Q. You haye been acting, haye you ?
A. I haye acted in that capacity for about a year.
Q. Haye you been since the issuing of these bonds ?
A. I haye.
\
IMPJBAOHMKNT OAB^B. 209
Q. I believe you were prior to the iBsaing of any bonda by tbe
State, were yoa not ?
A. I was.
Q. Wbat amount of seven per'oent. bonds have been issned under
the acts of May Ist and June 3rd, 1861 ?
A. One hundred and fifty tfaouHand dollars, — I think some few
bonds were destroyed — ^the amount issued was about one hundred
and forty-nine thousand, four or six hundred dollars.
Q. What disposition has been made of the bonds f
A. Sixty-two thousand two hundred dollars was issued in re-
demption of State 9crip ; the balance was given to Mr* Stevens, by
order of the Secretary and Auditor, and his receipt taken fin* them.
Q. When were those bonds delivered to Mr. Stevens?
A. Twenty-nine thousand on the 30th of July ; and the balanee
on the 19th of October. 1 have the receipts here, which show this.
The receipts were handed to counsel.
Attorney General. — What amount does these two receipts call
for?
A. Eighty-three thousand dollars.
Q. For what purpose were the twenty-nine thousand dollar bonds
placed in your possession ?
A. I was going to New York, and they were placed in my hancl^}
if I found an opportuity to sell at seventy cents on the dollar.
Q. For what purpose were the others, of October date of reoeiptt
in your possession ?
A. They were never really placed in my hands, when I took the
receipt for them. As they went out of the office, I took a receipt.
They were not more in my hands for disposal, than that of the other
State officers.
Q. The bonds were in your custody, were they ?
A. Yes, sir. I signed them.
Q. Will you state again by whose authority or order you delivered
them to Stevens?
A. First of the Auditor and Secretary of State.
Q. At the time the bonds were delivered by you to Mr. SteveoBy
were they complete ?
A. No, sir.
14
SSO* FA00XSDIN08 IN THX
Q, In wlttt partieular did they laok completion 7
A. They lacked the Bignatare of the Gtovemor, who was not
ft
here.
Q. Waa Seoretary Bohinson and Mr. Hillyer aware of the imper-
fection?
A. I presume they were. I think the thing was talked of, and
the bonds were t6 be taken to Lawrence for the Gk>Temor'8 signatnn.
I don't remember particularly, but think it was talked of.
Q. Who took these bonds to Lawrence to the Gbyemor for his
signature ?
A. I think Mr. SteTcns took them.
Q. What portion of the bonds do you refer to ?
A. The bonds thus incomplete were those embraced in the 19th
of October receipt.
Q. Did he, StcTens, make any objection on account of the lack of
the signature of the Goyemor ?
A. I don't recollect that he did.
Q. Do you recollect what he did say in relation to it f
A. I think he said they lacked the Governor's signature, and he
Would take them down.
Q. Do you know if the bonds ever came into the possession of
fhe State officers, prior to Hillyer and Eobinson going to Wash*
ington ?
A. I do not.
Q. Do you know who took them to Washington ?
A. I do not,
Q. Either from Bobinson or any party concerned 7
A. I think Mr. Hillyer told me he took a part of them along.
After they were put in hb possession, I really did not know what
became of them.
Q. Do you know, from Mr. Bobinson, what disposition was made,
by them, of those bonds 7
A. I heard him say they were put in Mr, Steyens' hands as agent
of the State to sell them, with the understanding that the State
kottds Hfete *to be sold at sixty centa.
Q. Did Dr. Bobinson, at that time, say anything of the right to
sell 7
imf^ACvaamn oasis. 2U
. A. Befcyie lie wsniMFay, he wsb of the opinion the Uw did nU
limit the fifty thoQaaad dollsn.
Q. At any other time I
A, I think he did.
Q. Did he exprees his opinion as to the limitation of the bonds 7
A. I will give you what he said.
Q.. What was that t
A. It was abont making arrangements with Mr. Steyens to<8eU
the fifty thousand at forty cents, and the balance at seventy cents.
Q. The fifty thousand dollar bonds referred to, are those iasned
under the act of May Ist, are they ?
A. Ihej are.
Q. Is this the signature of Mr. StOTens ?
A. It is. '
Attorney GenevaL— May it please the Court : I propose now
to offer in evidence these two receipts :
Received, BnffiOo, July 30th, 1861, of H. R. Button, Treasurer
of the State of Kansas, twenty-nine thousand dollars in b<mds of the
State of Kansas, of the denomination of five hundred dollars each,
and numbering from one to fifty-eight, inclusive, which are to be
sold at seventy cents on the dollar, or returned.
R. S. STfiVENB.
Keceived of H. R. Button, State Treasurer, State bonds of the
denomination <of one hundred dollars each, numbering firom six
hundred and seventy-oae to one thousand, both inehisite ; also of
five hundtsed dollar bonds, numbering from fiftynune to one knn-
4red, both inclusive.
R. S. STEVENS.
Topeka, October 19th, IM^L.
Q. By whose direction were the words limiting the sale to seventy
<oents inserted in the July receipt ?
A. By the Auditor and Seeretary of State; that was their diree-
iions. They did not authorise me to put them in Mr. Stevens'
hands, but gave them to me to. sell at that price.
Q. What amount of bonds were there issued under the aot
Mthorising the issuanee of bonds; besides those menAnned, how
jnfny were issued t
A. Sixty-two thousand two bundled doUass was used in the
fedemption of scrip. At the time those receipts wero take&i five
f
212 PB0CSSDINO8 IN THS
thousand dollars was retained for the redemption of anj aorip ttat
knight come in between then and the time of sale, if sold.
Q. What became of that five thousand ?
A. I do not know. I think they were taken on and put in the
sale. I judge so from Mr. Hilljer's report.
Q. All these bonds were dated July Ist, and the first coupon*
ft
oame due January 1st, do they not ?
A. Yes, sir.
Q. What do you know of these coupons ?
A. They were paid.
Q. To whom ?
A. All the five hundred dollar bonds to R. S. Stevens, and a
portion of the one hundred dollar bonds.
Q. To whom were the balance of the coupons paid ?
A. They were paid to various parties on presentation. Soiiie are
not paid yet.
Q. Can you state ihe parties to whom they have been paid ?
A. I am not able.
Q. Do you keep no record to whom they have been paid ?
A- Some were paid at the Ocean Bank in New York.
Q. Those that have been paid here ?
JL I have paid here to fifty different parties : some to Stevens,
and some to others. ,
Q. I refer to those in the reoeipts.
A. I never paid them to any other person ezc^t Mr. Stevens.
Q. B^d you ever liave any oonversation with Dr. Robinson in
this matter, after his return from Washington T
A. Yery little. That was what I repeated a few moments ago,
in regard to making Mr. Stevens agent. ,
Q. Did he ever state to yo<u what amount Stevens sold them for T
A. He never did, sir.
Q. Did he never state anything else, except what you have here
stated, in veferenoe to the sale of these bonds ?
A. I don't reodlleet of anything else. The parties did not say
anything for several days after their return. I did not knew of 4
sale i^iag effected sfer tome days after.
XMPSAOHMSNT OA.8B8. ^18
Q. Wm there anything said by Dr. Bobtnson, in relation to the
isonpone ?
A. No, sir. I do not remember haying any conversation on the
subject with him.
Q. Were you aware, at the time you paid those coupons, that
ihey were the property of the State ?
A. No, sir.
Q. Were you aware what bonds they were that these coupons
belonged to, when you paid them?
A. Yes. I was told by Mr. Hillyer that the bonds were sold. I
asked him directly if the January coupons were included in the
4Mde, and he said they were. I am not certain if the Secrelaxy was
present when I asked the question, but I do not think he was. '■
Q. At what price have these bonds been accounted for to the
Bute Treasury ?
A. So much as has been accounted for at aD, at sixty cents.
Q. What portion have been accounted for to the State Treasury 1
A. About fifty-two or fifty-three thousand dollars ; I cannot tell
you exactly.
Q. What bonds have been so accounted for f
A. I cannot tell you. I have no report what particular bonds
liare been paid.
Q, ToH mean sixly dollars on the face, do you 7
A. I mean sixty dollars for one hundred dollars.
Q. What portion of the forty thousand dollar war bonds haxo
been sold f
A. Thirty-one thousand dollars.
Q. Atwhatpricef
A. forty oents. .
Q. Do you know anything of the printing of the banking law in
ihe Wabaunsee Patriot ?
A. I do not.
Q. How many numbers of that paper hove yon seen f
A. I lemember seeing that PH^r, but don't remember seeing but
one number of it. I never heard of it till I saw it on my table.
Q. About what time was ihair 7
A. About the tnse of the putattshing of tho Banking Law.
flU PBoamziKW ni ram
Q. Ab^tit the time cf ^botioA wia itf
A. About that time I think.
Q*. Have you seen if since that time ?
A. I have not.
Q. Do you know where it was printed ? «
A. I do not, except what I hare been told; I db not remember
who told me.
Q. Were yon told by Dr. Bobtneon f
A. I never had any oonversation With hhn on the subject.
OaOSS IZAMINXD BT DSVXNBE.
By Mr. Stanton. — 9y whom were the bonds placed in your handi^
in July, when you went Bast t
A. They were in my hands with the consent of the GoTemor^
Secretary and Auditor.
Q. You mean the seren per cent, bonds, do you ?
A. Yes, sir.
Q^ Did jou make an effort io sell them, in New York or elsewhere T
A. No, sir. I talked with parties about selling them, but found
BO prospect.
I • • • . •
. Q, Did you take tl^em. wiih.ypu for tl|at pmrpeee 7
A. I took them with the hope of selling them at aeye^ty otBtsrf
Q. The reason you did uat m«ko an effort, wee beoMiae you be*
liered it to be uqaIcbs^ was. it f
A. Yes, because it was useless.
Q. What was the highest price you could get fbr tiJM W4lr
Bonds f ^
A. I could get none at alL
Q. It was on your return in July, that you garft- tbeae bouds to
BW;wnsvimit?
A. Yes, sir, on the SOih of July, at Buffalo..
Q. Did you say you had the authority so to do 7 i /
A. No, sir^ i- had,. BOft.
' Qi' WhA there any Mft HuiAt ftf «sy of 'these bMdfer m LeiveB-
worth-F
A. I talked with Mr. Olark, wte aakaA martf £ waalad^ t# sell
them. I sAed •Ui» to stato wksa;pqi«»)he wwsH piy.^
IMFBAOHMBNT OAflB0« 211^
Attomej General. — ^I objeot to ibe qneetioiL
Mr. Stanton. — Mr. President and Senaton ; I do not wisli to b#<.
understood as offiaring evidence here, or asking the admission of >
that which is not legal and proper. Counsel on the other side knew
that we are not so asking. With the pennission of the honorable
g4xtleman, I propose to read some autboritiea upon which we bas#
oi^r claim.
Attorney Oeneral. — ^I do not press the objection.
President. — ^The Oourt has ifilready decided on a similan . foiof^^
and unless gentlemen wish to hear the authoritieSi the argumenft^
will be out of order, as the Attorney General does not press h]«
objection.
A Senator .-^Let us have the authorities.
Ifr. Stanton then read from Greenleaf on Evidenoe. Vol. 1, * Seoi
101, as follows :—
" Thus, where the question is, whether the party acted prude^tljr^ .
wisely, or in good faith, the information on which he a^tedt wheU^
true or false, is original and material evidence.^'
From these authorities I submit ,to gentlemen^ wliether it is 4ot
veieTant to introduce eyidence as to the advice upon which, a mi^
sets.
i •
Attorney Gtekieral. — If the Court please^ I do not propose taargujQ^
the question now, because it has been overruled, but every gentle-
man and Senator knows that this evidence is not admissible. It is
not competent to go into psst histcMy — ^partf^s acts from childhood
bear upon his ftiture deeds. The principles are correct as to infbr«
mation xelat^ig to a4!Vi^ee on which a maa actaiunhroeriaQi >6irc«ln-
stances ; but not in this case. The gentleman well knoiiiS( dmt itte
never proper to the extent to which the j seek to eany itw If there
la no limitation then, we can go into every act^ of a n^al'JSi Jifr.. It
is only when he acts directly upon information apd advice, and then
in cases entirely different from this, that such evidence is competent*
Ifiubmit graceful^ to the ruling of the Court, but- do not winh to
he uadeiitood as suooombing to authorities, and I wish the recordi
to show, that I» aa a lawyer, know better than to believe this testfti*
npfij is admissible* I ai|i willing to go hsfoie the people andsArfce
my reputation as a lawyer on th^ f o lwH»n<y>o£, my^objefltion. Id4
not wish to exolndei but aunply to sl¥»ir.ai4resiie Ike eJbgeetiob. *
216 PBOOSSDINOS IN THX
Mr. Stanton. — ^Let iu niidentand each other. The evidence we
propose to introduce i& not heareaj, but information directly given
hiin by Mr. Clark, aa to the market value of these bonda.
; President. — ^It will be necessary to call the roll.
Attorney Qeneral. — ^Mr. President : I wish to be dislinetly under-*
stood. I do not desire to occupy the time of the Senate by insist-
ing upon, and compelling a vote upon objections. After the
decision of the Court, indicating the intention to disregard the
well established rules of evidence, with the permission of the Court,
I will, therefore, have noted in the report, that the Board of Mana-
gers and myself, object to the mass of hearsay and incompetent
ttetimony, which the course of the defense will bring into the case»^
This I do as a matter of justice to those appearing here on the part
of the prosecution, that it might appear that they were not so
flagrantly ignorant of, or deteliot in their duty; as to consent to the
introduction of a class of evidence, which experience has demon-
strated to be entirely unsafe and unreliable, and calculated only to
notislead the minds of Senators. I therefore object to the question,
and ask that it be recorded, as b oflen done in Courts of Law.
President. — It will be so ordered, unless the Senate object.
Witness. — ^Answer resumed ; He said he might want some at
twenty-five cents.
Q. Was that the only offer you had at Leavenworth for the
Bonds?
A. Yes, sir.
Q. Mr. Clark is a Banker, is he not ?
A. He is.
. Q. Bo yon know any parties at Leavenworth who wanted these
h^ndsatpar?
A. I don't know of tiiem*
Q. Whaf was the value of the seven per cent, bonds in Kansas?
Attorney General objected.
Witness. — ^I do not know what was their value. I know what
could be obtained, as scrip was selMng at from 60 to 60 cents on the
dodlsr ', that would be from 36 to 40 cents, their value.
Q. What was their value im the money market, any where in the
Ibited BtataB*-4o your knowledge ?
A. So fiv as my knowledge extends, they had none.
IMPEACHMENT CASES. 217
Q. Were you a member of the Senate at the time the law
Authorising the iflsuing of bonds was passed t
«
A. I was.
Q. Do you or Dr. Robinson know what was the prevailing opinion*
fs to the construction of the law, by members of the Senate J
Attorney (General. — ^Here is a question to whioh I shall eertainlj
object, if the the Court please. If a man wereindioted for larceny,
it would not be competent to bring forward a Representative to
prove that the law was not intended to apply to a horse.
Mr. Stanton. — Mr. President : We well know that, if all the
members of the Legislature believe in a certain construction of the
law, that belief would not make their opinion, the law. We propose
to prove that John W. Robinson honestly believed, Uiat the law
intended the issuing of War Bonds enough to raise twenty thousand
dollars ; we know that belief is not the law ; but, if he acted fairly
in the matter, as to his belief, he certainly is not guilty of any
crime. Had he received advice from legal counsel — the Attorney
deneral, for instance, as to this particular construction of the law,
he certainly would not be considered dishonest in acting upon it.
We wish to prove by Senators^ what eonstmotion they put upon this
law.
Attorney General. — ^I withdraw my objection; you have done all
the damage you ean.
' Mr. StantoA.-^T&at is just what I expected from so manly and
learned a gentleman.
Attorney Oeneral. — Do not misunderstand me I I wish to ask
Senators similar questions, and before I am through, I will show
{he folly of the proposition. I withdraw my objection.
The question was resumed.
Witness, — ^I do not know that Dr. Robinson heard the opinion of
other Senators than myself. It was my own opinion, and that of
others, that the Uw authorised the issuing of enougli bonds to
jraise $20,000 in money.
Q. Did you convey your opinion or belief to Dr. Robinson ?
A. I did.
Q. Did Dr. Robinson express his concurrence in that belief?
A. We tilked of it. At the time there was no doubt of it in
ay mind.
818 PRooEBBiijraB m thx^
Q. Waa there any doubt in his mind ?
A. I think not.
Q. What number of Senators expreraed their opinion at the tune
yon conyersed with them t
A. I don't remember particularly— I hare <^nyeiBed with serenl^^
Q. Can you tall how many T .
A. I oaimot oertain— some eight or ten.
X^AMINATION IN OHIXI KMBlf^MS>*
By Attorney (general. — ^How u^aiiy bonds did jou take with yott
when you went East. _ j
A. Twenty-nine thousand dollars. < ,r
Q. Tou say you handed them to Mr. Steven! f
A. Yes, sir.
Q. The bonds mentioned in the October reoeiptr— by wl^oso^
authority did you give them to Mr. Stevens ?
A- They were given to him by the authority of the Auditor au^
Secretary.
Q. What Senatpis did you hear exptesa tlMir. opinieos in r«gaid
to the bonds ?
A. Messrs, Osbprui Hubbard, Denman, Hoflfauv^ and Mr, Ingalls—
who was the Secretary of the Senate.
Q. Who have you heard express an opinion to the contrary to
issuing of the (20,000) twenty thousand f
A. I speak of these gentlemen as conversing with them on the-
kw. Not all as concurring with' me.
Q. How many concurred in your opinion, at the tixaa of the laif
being madef
A. I do not know positively. Bemember Colonel Martin par^
lioularly.
[J. H. MoDOWBLL'S TESTIMONY.]
Senator McDowell sworn in his plaoe.
Attorney General. — ^You were a member of the Senate At the time^
t|M,Uw was passed authorising the iasuiog.of bonds^ were you. not P
passea autno*
A. I was.
Q. HftT6 joa aii7iTe<K>llootioa of ike tixM &e law wtf paaiM 7
Q. Have yOQ any meuur of knoiHtag or r6o6lI<^tfaig'of th^d}flliiottr^*
of the Senators, as to the limitation pat upon the seven per eeiltL' -
bonds, at the time the aot was passed ?
A. Nothing bnt the expression of opinion as given.
Q, What was that expression ?
'A. Some gentlemen insisted on them heihg put at pal*;' oiie^
from Douglas county — Judge Miller — ^thought they should* hep^ll
at ninety-five cents ; some thought no limitation |[should be ptlt dn,
I was one; we thought the agents of the State should sell at whai
they could get — si:^y and sixty-five oents was mentioned ; a com-
promise was made at seventy cents. Judge Miller, I think, had
his protest entered upon the record. '. . • ' .
Q« For what purpose was the limitation of seventy oents put
upon these bonds ?
A. As I uxiderstoed it, that th«y ahe«ld : net be nAi hm^ thm
seventy cents.
Q. Was the object to prevent the sale at less f
A. It was, as I understood.
1 1
Gross examined by the Defense.
Mr. Stanton. — ^Do you know if- Dr% Bobiiumn knew these opui«
ions 7 ^
A. Not unless he was present.
fltamniatioii ih'dtfef t^MuHed"; ' ' ^ .
Attorney GeneraL—^Weie the proceedings pjoftK^' *
A. They were. * ; " ^
Q. Was Dr. Eobinson Secretaiy of State 7'
A. Hewnsth^.
i»
[H. B. DENMAN'S TESTBUMnT.l-
fienitor DeMnim War tmrti ' itt^his fhM.
Attorney GeneM.— Will yott sttt^ ivl^^youii^YeoclBdetlotf U^(|^i
regard to this matterf
4
SflD PB00SXDINO8 nr tks
A. My uadentanding in reltlion to- ilia aot aath«riiiBg Ae imth-
ing of bonds for $150,000, and the aot supplementarj theaoeAo^ that
the limitation of aoventy o^nta therein was intended to pceyent th*
aale for lets.
Cross examined by Defense.
Mr. Stanton. — ^Did you OTor oommanioate that opin£oJi to tttw
Kobinson?
Ji. No, sir.
■
[J. F. CUBIMINGS* 'raSTIMONY.]
4
J. F. Gummings was then called and sworn.
Attorney Oeneral-^-What is your profession ?
A. Printer and Editor.
Q. In the iUI ef 1861, was yoa the propriejbor of the Wt Jiaon*
•ee Patriot?
A. I was.
Q. Where was it printed ?
A. In the Tribune office, at Topeka.
Q. How many numbers were printed f
A. I think ten — ^I am not certain.
Q. Was the banking law published in it t
A. It was.
Q. By whose authority 7
A. Well, sir, by my own substantially— about th e time of publi-
cofttion I went to Secretary Bobinson and ariced h as permiasjco to
Tpobliah the backing law, which he refused, Abor it two weeks after,
Jtwant again; he still refused, but said I might go on and publish
iit, and he would try and get an appropriation ar id pay me.
^Q. After you oompleted the publication of that law did you get
your pay for it ?
A. I did.
Q. In what manner?
A. I took my account to the 8ecx6Ui;/8 office, and D. H* Weir
jactUied to it. Dr. Bobiaflon was absent, at the time.
Q. In what capacity was D. H. WeiTi- acting ?
IMPXACHBISNT 0A8X8. 221
A. He was said to be acting as Assistant Secretary of State.
Q. Was he acting in that capacity?
A. He was in the office.
Q. Did Dr. Robinson know of the certificate being ^yen f
A. He coald not have known at that time.
Q. When was the certificate given J
A. In the middle of NoYcmber.
Q. How soon after it was certified to was the warrant drawn T
A. The warrant was not drawn till after Hillyer's return.
Q. To whom was it assigned T
A. It was assigned in bhink, and filled to R. 8. Sterens.
Gross examined by the Defense.
Mr. Stanton. — Yen say the papfer was printed in Topeka, where
was it published ?
A. At Wabaunsee.
Q. Did you have a local editor at Wabaunsee ?
A. I did.
Q. Did you make affidavit to get your pay ?
A. I did.
Q. How many copies were circulated in the county f
A. About 100 at first, and afterward nearly 200 copies. Thej
were sent to Mr. Lines, the local editor.
Q. Is it ever the case that papers are printed at one place and
published in another ?
A. I have known the same thing done in Ohio.
Q. Was that paper published during the time authorised for the
publication of the banking law ?
A. Yes, and for some weeks*longer.
Q. When you commenced the paper did you expect to continue
it? >
A. I expected to continue it six months, and longerif it paid.
Examination in chief resumed.
Attorney General. — How many paying' subscribers did it have 1
i222 FBOCBBDIMaS IV THl
»
A. About 100. I think Hr. Lines ooUeoted the money, but has
never yet made a settlement.
Oross examination r^nme^ by defense.
Mr. Stanton. — ^Was there Any other papor {addiaheid in Wa-
ooonty, at that time J
▲. Not tibat I hayp JMiy Jk;nowle4g« of.
By a Senatoi'.-^Was Senator Hubbard a paying subscriber to
the paper?
A. I oai^ngt saj, but oan refer to my books.
By a Senator. — ^What was the reason it was not continued six
months, as at first intended f
, A. From the fact that fit the time I lost the seeood of two
children who died, my wife was sick then, and I had to go avay
with her, and I had nobody to take charge of the paftor. I will
say here that it was my Intention to publish the paiper till after the
first of April, in order to get the publication of the ooiinty tax
list.
Got. Shannon. — ^Where did you go to f
A. Went to Learenworth and elsewhere in the State for several
weeks.
Sergeant-at-Arms sworn.
Q. I believe you had an at^hment for J>. H. Weir t
A. I did.
Q. What search, and what inquiries did you make for him ?
A. I went to Lawrence and there disooTeied that he ww at
Iiaporte, Indiana,
Q. Have you made diligent search for him 7
▲. I have.
Q. From what source did you receive your information 1
A. Chiefly from Hr. Finlay.
s Q> What was his means of knowing f
IMPBAOHMSNT 0ASS8. 228
A. His wife kad received a letter from Mrs. Weir, dated on
Monday last, from that plaoe, in wliicli she said Dayid (Hr. D. H.
Weir) was at borne then.
[a K. OILOHRISrS TESTDCONT.]
Secretary pro tern, of (he Senate sworn.
Q. What do you know of Mr. Weir's location at present ?
A. Mr. Weir wrote to our firm, about a week ago, from ChicagOi
stating that owing to his business there, he would be prevented
from attending to a case he had in the Shawnee County Oourt|
Which was to be heard in a short time. The first we had heard of him
for some time, was this letter from Chicago.
Q. Was your letter post marked at Chici^ f
A. It was.
[H, L. JONES' TESTIMONY.]
Hon. H. L. Jones, of the House of Bepresentatiyes, was sworn.
Attorney Qeneral. — ^Aro you a member of the House of Bepxe-
•entatives 1
A. I am.
Q. Was you a member of the Investigatittg Committee of tte
House ?
A. I was.
Q. Will you state if any letter oame before the Inyestigatiiig;
Committee, written by John W. Robinson, and whose hands it cams
£rom?
A. The letters which are printed on pages eight and nine in the
pamphlet report of that committee, were placed in our hands by D.
H. Weir.
Q. Whose hand writing were they in 1^
A. To the best of my knowledge, they were in the hand writing
of Dr. Robinson.
Q. Were they signed by him f
A. They were signed J. W. Robinson.
Q. What became of them f
A. Mr. Weir stated there was some private matters in them, and
he wished them returned to him ; they were so returned.
224 PRocESDiNas in ths
Q. What was the contents of those letters ?
Objected to by defendant's counsel.
Attorney General. — Mr. President : This objeotaon would oome
with bad grace from gentlemen who have so recklessly availed them-
selves of the lax rales of evidence established by this Conrt, even if
I had not brought myself within the strict legal rules as to proving,
by parol, the contents of a written instrament. We have shown
that we have taken the necessary steps to secure the attendance of
Weir; we have proved that, without fault or negligence on our
part, he is now beyond the jurisdication of this Court; the letters,
the contents of which we propose to prove, were his private corres-
pondence and in his possession ; and the law still presumes thejp.
to be there. Under these circumstances, I would be entitled to
prove by parol the contents, as I will now show by an extract from
Greenlea^ 1 vol. sec. 558. That portion to which I specially refer
reads as follows : " If the paper was supposed to be of little value,
or is ancient, a less degree of diligence will be demanded, as it will
be aided by the assumption of loss, which these circumstances afford.
If it belonged to the custody of certain persons, or is proved or
presumed to have been in their possession, they must, in general, be
called and sworn to account for it, if they are within reach of the
powers of the court.'' I have attempted, during this examination
to confine myself to legal and competent testimony, and from this
course I do not propose to depart.
Hr. Stanton. — Mr. President: The position assumed by the
Attorney General is correct in one particular and on one condition :
that is, if they have tried and used due diligence to get possession
of the papers.
Attorney General. — ^Where a party is beyond the jurisdiction of
the court, all Senators know it is impossible for us to get these
papers. They could only be obtained by an attachment of his person,
if the party was in the jurisdiction of the Court. The law require
only such a search as covers the usual places of deposit. If a party
keeps his papers in a safe, and on searching, it cannot find them, he
necessarily says he can't find them; that he has made diligent
search, ti and must be so construed, in the meaning of the law.
Hr. Stanton. — The law requires diligence. I understand his
residence is in this city, and possession of the papers might be
obtained by a search thereof.
IMPEACHMENT 0A6EB. . 2^6
SecreUfy of the Senate xecalled.
By Defense. — ^Please state the manner of semee of th^ subpena
on ICr. Weir.
A. He oalled in my o^^ce while I was making ont subpenas, and
stated he was going away, and the Sergeant-at-Anns would not be
able to find him to subpena him. He said he would acknowledge
serviee,. whieh h^. did.
By the President, to the Senate. — Shall the objections of the
defense be sustained, and the testimony be excluded ?
The ayes and noes were called on the objection, which resulted as
follows :
Twenty-one gentlemen having voted in the ndgative, the objeetion
was not sustained.
The question resumed.
Attorney General. — What was the contents of those letters ?
The following copies of letters from J. W. Bobinson to P. H.
Weir, were then introduced by the witness :
Wajihinqton, Dec. 8, 1861. ,
F&iEND Weir: — Strange. to say^I am still in this city, and
when I am to l^ve the Lprd only knows.
We are at work as hard as possible, for the interests of the State ;
and if we succeed we shall put Kansas. upon good footing; if not,
Heaven knows what will become of her — ^I do not I We want
nothing said tliere about bonds at all — ^not a word. I was indiscreet
enough to mention Pomeroy's name to one or two whom I supposed
I could trust, telling them not to let him know that I had said a
word, and forthwith half a dozen start up and send him bonds as a
private agent. He cannot but know the information comes from
me, when he has sworn to keep his name entirely away from the
name of bonds.
The bonds you sent are in Stevens' hands, I think ; at any rate,
Pomeroy hfis sent them to some Kansas man, and I believe it is
him.
We have been steadily at work ever since we came, and have
faccomplished a good deal ; but we h&^o one very important obstacle
to overcome yet, and it depends entirely upon this whether we
succeed. I am not very sanguine myself, and yet it is life or death
15
226 PKOOXEDINQS IN THB
with Kansas. If bonds are not now sold, they never will be sold, or
not for a long Mme to come. « * *
Keep entirely "mom'' about the honcU, Do not say a word to
any person alive, not even to yonr wife > for we want it as secret aa
it can be till it is fixed.
I>: H. Wkib, Esq.
Yours very truly,
J. W. ROBINSON.
Washington, Deo. 10, 1861.
My Dkab WjBia —
A day or two since, I wrote you a line, but fearing you may not
receive it, I repeat it now.
It is a matter of uncertainty what day I may be able to start fbr
the land of my £idoption, but I hope it may be as soon as the first of
next week, to-day being Wednesday. The whole of this government
machinery moves so terribly slow that no man can ever say, with
even tolerable certainty, how long he may be detained by it. I had
no idea, when I arrived in this city, that I should spend more than
four days at the longest, and here I have been four weeks and
more ,* and had not the interests of Kansas been jeopardized^ I
should have left long ago ; but we have ^ waited and waited, and
worked and worked, till I have become tired and worn out. We
hope to succeed.
We have removed obstacle after obstacle, and at last we have
unexpectedly run against the President himself; and now are at
work trying to overcome his objections.' I hope we may succeed,
but the Supreme Ruler only knows what other things may present
themselves when this is done. If we do succeed, Kansas will be
placed upon tolerable decent footing ; if not, Ood only knows what
will become of her, or how she will get along. There is no other
prospect of disposing of bonds anywhere else in the ITnion. The
money market is closed up ; no stocks but those of the Union are
touched or looked at.
Don't buy any more bonds, unless you want to be bitten. And,
as I said in my former letter, keep ''mum entirely'' about bonds.
Say nothing to nobody.
laCPBAOHMBlfT OABIS. 227
Pomeroy is quite indignant to think that Bbmebodj must haye
Qfled hiB name in oonnection with the Kansas bonds, and sent him,
and attempted to make a broker of him. He has not said mnoh to
me about it, bat I hear it from others. So I want you to be yery
careful, indeed, what you say, and especially say nothing about
bonds in connection with Washington or any of the State officers.
* ♦ 4c *
Yours very truly,
J. W. KOBINSON.
D. H. Wbir, Esq.
W>6HiNQT0N, Deo. 18, 1861.
Fbiend Wbir : — * * * y^^ jji^y^ encountered every
thing but death in trying to negotiate our bonds. We have altered
proposition after proposition, and* met with obstacle after obstacle,
until I have been discouraged, disgusted and thoroughly mad. The
last one is Jim Lane, an enemy of Stevens, and, of course,
would let his duty to the State rua into the ground, if he could
gratify his personal hatred. I am still in hopes that we may be
fortunate enough to effect a negotiation. * * *
I had an interview with Hr. Lincoln, night before last, in his
private parlor ; and he seemed desirous to do all he could, and
promised to order the negotiation made if it was not seriously
onposed by any of his Cabinet, or the people of our State. We
shall try to conciliate Lane any way, and if we fail, he must take the
responsibility.
There are one thousand dollars of your bends. We shall have
them put into the sale', if made at all, at whatever the State (or we)
get for ours, of course ; but we shall get the seventy cents, as I had
hoped, before leaving. We may, possibly, put the w^ole lot at
sixty cents, but it will never hurt the State a dime, or will ever be
heard of, but I shall thank God. * * * "ICeep still."
Tours, &c., J. W. R.
Q. What did you hear Dr. Bobinson say, in regard to the sale ef
these bonds f
1BI& PBOOEXDIHCW or iTHB
. A. I mm a member <if the Investigttiing Oomaaiiee. Dr. Bolin-
Beo stftted before that 0<Miimitiee, that Mr Hilljer and himsctf made
a tale to SteTens at 60 cents on the dollar &r those bonds.
Q. Did he state about arrangements being made with Stevens,
prior to his goiog to Washine^ton f
A. T6 the best of my recoUeotion, he did.
Q. What did he state in relation to thai matter ?
A. That he was at a consultation with the State officers about the
bonds, and that they were clearly of the opinion that a portion of
the State bonds oould be sold without limit. That he agreed to Mr;
Stevens' proposiUon of sixty cents.
Q. What did he say of an agreement between Mr. Stevens and
himself?
A. Don't remember positively as to any agreement between
Stevens and himself.
OB088 EXAMINATION BT DEYEN8S.
, By Mr. Stanton. — ^Ave these letters the same as the origxnals yqa
saw?
A. Yes, Bir.
Q. Were they oopied f^om the originals f
A. They were copied, so far as any matter relating to the State
bonds)
Q. There are many ofmissions are there not ?
A. Yes.
Q. State what those omissions are 1
A. One was in. relation to property of the State, such as chlSrs,
tables, etc., being got together for the Legislature; stating what
parties had borrowed them, and giving their names. Another
omission was a description of Judge Comway's speech in the House
of Bepresentatives.
Q. Did jou^dompare the printed letters with the original ones |tt
the time t
A. I did compare.
Q. Arn they correct copies 7
A. They aca correct. In the line next to the last, it will be
• ohearved it does not make sense— one word in that line was indis-
tinct in the last letter, and we could not decide what it was.
Q. Tou 8i5d Seeretary Bobiiuon t6ld you thA lihe State officers
liad oome to the oonolusion^ they ought to sell the booAi' at what*
ever price they could get^ did younpt ? -
A. Yes, sir, that is my remembrance.
Q. But that they differed in their conclusions as to what to
take?
A. I donH remember that he told me their conclusions as to that.
By Case. — In the omitted paragraphs of that letter, what was the
language used, or what was its purport f
A. I could not remember distinctly. I cannot remember ez«
actly.
Q. Can you not state what was in the paragraph next to the
first?
A. It would be impossible for me to do— paid little attention to
anything but the bond matter.
[J. M. HUBBARD'S TESTIMONY.]
Senator Hubbard was sworn in his place.
By Attorney General. — ^Are you from Wabauna0e..CouAty 7
A. I am.
Q. Do you know of a paper called the Wabaunsee Patriot ?
A. I have seen it.
Q. How long was it publidied ?
A. Perhaps six or eight weeks.
Q. Wis it permanent or not ?
A. I eaa't answer that question.
Q. Where did the paper come from ?
A. It came to the post office, our mul comes firom Topcka.
Q. When did it commence ?
A. I think about the Ist of October.
Q. Was it continued during the publication of the Banking Law ?
A. I should think it was.
, Q. How long after did it suspend?
A. Not very long after, I oannei give dates.
« Is it published' now 7
A« It is not
280 PE0Cm>UrQ8 IN TBS
Q. Ib there ai^ ofloe in Wabaansee, to your knowledge T
A. Not aay. •
By President. — ^Were yon a paying anbsoriber f
A. I think not.
Examination of this witness closed.
On motion^ the Senate adjourned.
AFTERNOON SESSION.
Saturday, June 7, 1862, 2 o'clock, P. M-
Senate met pursuant to adjournment.
President in the chair.
Boll called.
Quorum present.
Absentees t-^Messrs. Bayless, Essick, Hoffman, Hdliday, Lynde,.
HoDowell and Morrow.
Attorney (General. — Mr. President : On the piart of the Board of
Managers and myself, I would suggest, if the Court please, that it
adjourn till Monday morning. We wish to call an important wit-
ness, G^n. OoUamore, who will probably be here to-night or to*
morrow. We are not prepared to rest here, nor do we lik0 to
proceed, and therefore ask the indulgence of the. Senate by an
adjournment.
The request on the part of the State was agreed to, and the
Court rose.
dEr. Holliday. — ^Mr. President : I beg leave to offer the following-
resolution. Accompanying it^ I desire to present these papers,
purporting to be the certified returns' of an election held on the .^nd
of June, in the Fifth District. The supposed vacancy was caused
by the reported acceptance by the Hon. Edward Lynde, of a ebm-
mission as Colonel in the service of the United Stated, ^hat
question has before been referred to a committee, fifom whom we
have had no report as yet. I move the adoption of t]lef(dlo#ing : —
IMPMOBMENT CASES. 231
Whereas, It appears bj returns presented to the Senate, that
an election was holden on the 2nd day of June, inat.^ for a Senator
» 4
from the Fiflh Senatorial District: , .
And Whereas, It appears by said returns, that Jerome Kunkle
has receiyed a majority of all the votes oast at said election :
Therefore,
Eesolvedy That Jerome Kunkle be^ and he is hereby admitted to
a seat in this body as Senator from the said Senatorial District.
Mr. Denman. — The aotian imposed by the Sbaator from Shawnee,
is certainly singular. We have uo evidence except common rumor,
that Senator Lynde has accepted the Military Commission stated,
and therefore, do not know that the seat is vacant. We know that
the Senate has not declared it vacant I do not think that ihia
body, assembled for the specnal purpose for which it has now met, <
has the right to declare a Senator's seat vacant. It will be remem*
bered, Mr. President, that counsel for the defense, in arguing their
late motion against the jurisdiction of this body, declared that the
Senate having adjourned tine die^ it could not now be legally
assembled. The Attorney General met this, Senators will remember,
by ike argument then advanced, that the (Senate, sitting as a High
Court of Impeachment, adjourned on the 28th day of February,
until the 2nd day of June j^ and that the adjpumment sine die, was
that of the Senate in its legislative capacity. It was then affirmed, .
that our present session being for a special purpose, was perfectly
in accordance with legal principles. Under the vote of the Senate
rejecting that motion, it was declared that we accepted this limita-
tion of our powers, and that we were here in the exercise of the
Senate's judicial functions, and not that of its legislative. The
qjiestion would then arise whether we had the r^ht, sitting in that
special capacity^ to declare the seat of a Senator vacant. To do .
this in the case presented, would seem to me to be clearly beyond ^
our present functions. Mr. Kunkle's case does not present the same
features as that of the Senator from Wyandott, Mr. Cobb^ who was .
sworn in some days since. In the latter case, the Senate at the last
session, acting in its legislative capacity, declared the seat vacant • .
and Mr. Cobb presented himself here with the proper credentials,.,
and we could not have refused him the seat. We have decided by
the acceptance of the position of the Attorney General, that we
have no legislative functions ; that we are here as judges, and it
does not seem to me that the power here asked to be exercised^
comes within sudh duties.
282 PROOSSDINQS IN THE
It may be saict that the people of this district have a right to be
represented in tiiii^^ Court of* Impeachtnent. It is true, they have
such a right. But the people elected Mr. Lynde, and i^ he fails in
hk duty to theni, it !s their privilege to call hini to adcouni. This
dereliction is between him and his constittitency. We ^ave no
evidence that Mr. Lynde has aooepted a commission in the military '
se^ice of the United States; btlt admitting foi^ argument's sa^le
that he has, stilt, it is my opinion that vre' have no right, at this '
tim)» ted session, \» ^kK^lare his • seat Tioittt. I ' ihink so ft>r the
reiisons alMuiy glv^en, and say it now, bedti&e I do not wis& to be "■
at varianod- with my former votes in relation to Senators holdifig such
cdmmiseions. That vote was cast at thd regular - session of the-
Legislature, when the House wad also assembled, and the Senate
was in ftiil possession of its legislative fiiwAions: Wh^n the evi- '
dence was presented that the gentlemen whose seats were t^en
declared vacant, if holding oonmiissionB in the service, I immediately
voted against theirright to remain. I would hbve done so in the
caee of Mr. Lynfde had such evidence been given; But at the'
present time, I think we are quite inedtnpetent to exercise sui^h *
power, and trtust that we will not stultify •outselvM by any d(mbtM^''
exercise thereof.
Kr. Holliday. — Mr. President: The imperfection of proof in
this claim of Mr. Kunkle, seems to be the only argument which can
be advanced against it. The same objection lies against all the
members who are here filling seats, declared vacant at the last
session. The same informality attaches to them, as in this case. The
other objections urged by the Senator, does not strike me. as very '
stlrong. The organization of this body, is legislative in its character.
That the default in the act shall not invalidate the election ' is the
plain principle of our State Constitution. Such informalities as arc
complained of, cannot render void the will of the people. Full
publicity was given to the matter, and the Senate cannot refuse to '
recognise Mr. Kunkle's claim. The Senator from Leavenworth
says that the want of represenation in this body is a question for the
people and Lynde to settle between themselves. The argument is
Weak and untenabU ; but to accept it. The people have made the
isitoe, and send Mr. Runkle with their indorsement, desiring that
he shall fill the chair upoccupied by Mr. Lynde. Our duty is to
admit him. Let us do so, and thereby secure a representative in
this body to them.
IHP£AC£tM!EKT OASES. ' 233^ '
• It
Hr. Stevens. — Mr. President : Let as eicamine this claiih t>j the
light ofthe retimis here {jfresented. I am told that the ordinary
TOte of Shawnee county alone is from fifteen hundred to two -titou^*
sand. Jefferson county is also attached- if>, th^jd^triol^ ye^ the
total nnmher of votes cast at the election of last Monday, was onljr
two hundred and sixteen. Admitting i^tk^ this was a l^gjd electioui
let us examine, for a moment, this total. May there not he other
precincts to be heard from, and ha^^suffieiefit'tiilde^Wsp^efi'f^
send in their returns ? It is said that notice was given of the time
and places of holding ekoidfin.. SuieljK^ then, the people were not
so indifferent as this vote would show, to whether they should have
a voice in this body or not ? If this is to be the way and the
evidence on which Senators "may be admitted, why may not some
parties go down tb* WoedaoA county, issue notices, hold an election,
get a score or t^ of votes cast, and returning here, by Wednesday
oc Th«n(daj(, eUim ihe seat of Mr. Hbffmai^ who is &o tepoHad lb
have accepted a military twnnmBStQii:? .TheLcfaairgBBof infatinaUi^ f
are, in this case, perfectly valid. I am informed that there are no
returns filed in the office of Secretary of S^te. * AH' liere^ 7 per-
ceive among these papers, what purports to be a retuhi of votes
cast at Oskaloosa, certified to by Mr. Dutton, who, I presume, is Ae
Oounty Clerk ; but no official seal, or other mark of validity attached,
ss'to itr On th6 other side, is what purports to be a note fibit Mr.
Dutton to Mr. Kunkle, in which he says that, if the election had'
been better known, there wbuid hanre been more veites.ctot^ TheUe
ti^nga will showthe character of this vqte^ and, I trusty the Senate
will reject the claim. In thus speaking,. I mean fxo disrespect to
Mr. Kunkle, whom I. have long known as a worthy gentleman.
Mr. Sleeper moved, as a substitute for the origi^i^l resolution,
^hai ti^e .f;]vole subject,, now under, pqi^sideratiopn^ be referred to
the Committee on Elections, with instructions to iiiquixe. i^tiO., th^i
supposed disability of Edward Lynde to hold a seat in the Senate
fxpm the [fifth] Senatorial clistfiot,
fUpoa. tbia the ayes and noes ..VfA^e .caUed, and resulted a4
follows ;
Those getttt^men vMng aye ifeftt ' '
Messrs. Cobb, Curtis, Denman, Essick, Holliday, Ingalls, Keieler|
Knowles, Lambdln, Lappin, Mcfiowell, Rankin, Sleeper; Spri^
an* Mr. President— 15. ' ^
2SA FROOBXDINaS IN THS
Those gentlemen voting no were
Messn. Bamett, Baylesa, Gonnell, Hubbard, Bmb, Boberta aftd
Stevene-*?.
And 80 tbe motion preytiled.
Hea^TS. Connell and Knowlea were appointed on standing Com-
mittee on Elections, to fill yacancies.
On motion, the Senate a4joiimed.
SEVENTH DAY.
SlNATX OHAM BIB >
Monday, June 9, 1862. )
The Senate of the State of Kansas, sitting as a High Court ct
Impeachment, met pursuant to adjournment.
President in the Chair.
BoU called.
Quorum present.
Absentees — Messrs. Denman, Hoffiuan. Holliday, Ljmde and
Morrow.
Journal of Saturday read and approved.
Present : — Hon. S. A. Stinson, and the' Board ot Managers on
the part of the House of BepresentatiTes.
Hens. Wilson Shannon and O. W. Smith, and N. P. Case,
respondent's attorneys.
Mr. Boberts, Chairman of Committee on Bleetions, submi^ed the
following report :
Mb. Pbssident: — ^Your Committee, to whom wa3 referred ^he .
subject of the disability of the Hon. Edward Lynde to hold a seat *
in this body, as Senator from the sixth Senatorial district, and
also as to validity of the election of Mr. Kunkle, would recommend
that the whole matter be indefinitely postponed, for ^be following
reaaoAs:
Ist. We find, on inquiry of the Secretary of State, that he has no-
oflBcial information that Hon. Edward Lynde ha3 been oommissioni^d
as a military oflBcer.
IMPEACHMXNT CAS18. 23^''
2d. 'Hat no rettims of the election of Mr. Kunkle are to be
found in the office of the Secretary of State.
8d. It is not our provinee, aa a oommittee of the Senate, to act' as
canvaaBers for any Senatorial district.
THOMAS ROBERTS; Chainnan/
*
""On motion of Mr. Connell, the report of the Committee was
adopted.
[DR. MBPrS TBSTDfONT.]
Examination in chief resumed by Attorney Qeneral. ^
Dr. Teft called and sworn on part of State.
Attorney Gknend.— Where do you reside?
A. Topeka.
Q. Are you acquainted with Dr. Robinson ?
A. I am.
>
Q. Did you ever have any transaction with him, in relation to^
Stote bonds, last fall ? >
A. I did.
Q. What was it r
A. He called on me at one time to borrow some bonds for a few
days. It was some time in September, or early last fiUl. I loaned
him four one hundred dollar bonds. . {
Q. State what your conversation was in regard to these bonds.^
A. In getting the bonds, he said he wiMited to 9«»4 tham to Qen.
Pomeroy, who had assisted him and who he waat^ to pay. He,.
Pomeroy, could sell the bonds and take his ^ay out of them. . He
said he would repay them in a few days. I let him have the bonds*
under these considerations. About two weeks afjtec he calle^.
again, and wished n^ to let him take the bonds to Washington ^d
sell them. I consented for him to take them on.
Q. What, if anything, was said by him of the price they CQuld be
sold for?
A. He stated, at the time I consented to let him take them
to Washington, he had no doubt they could be sold fbr seyenty/
cents.
Q. Did he state to whom they could be sold for wmatf cents V \
286 . PEOOnpINQS IN THB
A. I understood to tbe Interior Department^ for the Indi«ii5|. in
BOtne shape. I did not make particuhir inquiry.
Q. Pid he- state aoythiqgy i£ bo, vha4| alH>tkl -a eommanifiatilBi
from Pomeroy, to that effeot ? . . i ; > •
A# I ivDidenitood him tiiat he had received a letter from General
Pomerby, to the effect that they could be dispoeed of for seYeaty
oehtiBjin that'urtiy.
Q. How long, prior to Dr. Bobinson leaving for Washington,
did you hear this conversation ?
A. I judge it yma a cofoplp of weeks before. I could not state
exactly. I took no minutes.
Q. What else happened about those bonds, if anything, in regard
to your getting your pay for them ?
A. On his return from Washington, I called on him. He told
me that Mr. Stevens had sold them, and he did not know exactly
what he got for them ; that, in a day or two, he, Stevens, would be
here, and he, Bobinson, would then settle the matter. When lUr.
Stevens came. Dr. Bobinson asked me what he should give me. I
told him whatever he eould aflford. He gave me a letter to Mr.
Stevens, and he, Stevens, paid me two hundred dollars.
Q. The bonds were all for $100 each, were ihey 1
A. Yes sir.
eEOSS'SXAMIKlD B7 DBRITSE.
' By Gk)v. Shannon* — ^Did ytm say Secretary Bobinson gave you a
letter to Mr. Stevens ?
WitiMB.--I did.
Q. Wh^re i^M Stevens r
A. In the Aud!tO]^8 office.
. By Dr. Bobinson,— pid you say I gave you a check 7
I A. It was a letter or a line firom you to Mr. Stevens, telling him
* to pay me S200«
Q. It was a small piece of paper was it not ?
A. Yes, sir.
Q. Did you read it ?
A. I did not read it.
' Q. Was it opened or sealed ?
A. It was an open letter.
By Secretaiy Bobinson. — ^Waa ii aot an cider t
IMFKAOHHSKT CASKS. 2S7
A. I saj^MMM tliftt waa the hci about it, as Mr. Stevens paid it.
Q. Please state how you was induced to believe it was an order
to pay you a certain amount ?
A. Because be paid not when I presented the paper.
Q. At the time the Secretary borrowed those bonds, was he not*
to return them or pay you what ever you considered a fair price 1
A. the first time, whefi he borrowed them, I supposed jie wou)d
' return the bonds. The second time he called I understood be
would sell the bonds.
Q. ^at wa§ the time he was goii^ to WaahingtoUi was it not?
A. Yes, sir.
Q. Was not the agreeme^ tp pay you a fair price ?
A. Yes.
.Q. When he came back he gave you tho letter for an amount 1:
A. He did.
Q. Did you not ejtpreps younelf as being s atis fi e d ?
A. I did not complain, I said I was satisfied with what emtBhe-
could afford.
Q. Have you ever complained since to Dr. Bobinson ?
A. I never complained to the Doctor, to my knowledge T
Examination of witness closed.
[L. C. WILMARTH'S TESTIMONY.]
Q. Where do [you] reside ?
A. About a mile and a half from Topeka.
Q. Did you have any transaction with Dr. Bobinson in regard ta
bonds of the State, last fall t
A. Think I have had several iq the course of a year.
Q. Was it prior to his going to Washington J
A. Yes, sir.
Q. What was it?
A. I remember one transaction about last September, near the>
first. Robinson wanted to borrow one thousand dollars in bond^ of
«
me ; I had only four hundred dollars by me, which I let him have.
Q. What conversation did you have at that time, in relation to
those bonds ? I
^iB paooxsDiHas in thb
A. Nothing partionlar. He (Bobinson) stated that he wluited
-Bome bonds to make a trade. He wanted them to use, and would
retum them.
Q. What conversation occurred after that F
A. He came to me on Saturday night, and said he was going to
TVashington and wanted to borrow my scr^ and bonds. I told him
I*was using them. He said he would buy, he would like to get what I
' iLad; as he could sell ; having made a trade-Huid he was going to
Start for Washington in the morning. I gave him an order for
some scrip I had in the Auditor*.? office. He did not draw this on
account of some informality in the order ; he asked me if he paid
me for those bonds in ten days, would that do. I replied yes. He
asked me if he would send a draft within a month, if it would
answer. I told him no.
Q. Was there anything said by him as to the quarter in whicli he
expected to sell the bonds J
A. I canH say there was. I think he said Mr. Pomeroy had some
money he wished to invest in Kansas bonds.
GROSS BXAMINATION BT DEFENSE.
Mr. Stanton. — Was that before he went to Washington ?
A. Yes, he told me he would leave on the next Sunday,, but did
not leave till Monday.
Q. How long was it before he went to Washington that he bor-
rowed these bonds ?
A. It was some time in September — I don't recollect — know that
he was gone three months.
*
Q. Do you know what time he left for Washington ?
A. No, sir.
Q. At the time he got these bonds. Was there anything said about
his going to Washington ?
A. No, sir.
Q. He told you he had made a trade, did he J
A. Yes, sir.
Q. Had you been in the habit of exchanging scrip and bonds
with him ?
A. Yes, sir, often.
Q. When he called on you prior to his going to Washington, did
he say he wanted some bonds as he could sell them 1
IMPEAOHMSNT 0A8S8. 289
V ;
A. Yes, At.
Q. Did you get the idea that he wan^^d to dispose of them to
Pomeroy 1
A. He did not make such a statementj I made no inquiries. I
think he said that Oeneral Pomeroy would like to invest in Kansas >
bonds.
Q. Did hti ever get scrip but once 1
A. Yes, he did. Through some informality he only got tSO of
the sonp at the time I gave him the order. I drew the balance
myself.
Q. Did he not give you a reoeipt for those bonda ?
A« He did.
Q. What did you do with that reoeipt f .
A. I turned the receipt over to Mr. Dutton. About one week
before Robinsqn can^ home, Mr. Dutton came . to me and said he
would like to buy some bonds. I sold him someii among otheiSi this
receipt of Bobinson's.
Q. Did yom have anything to do with that receipt afterwards ?
A, I did not suppose I ever would have ; but did eventually.
Q. What did you get from Dutton fbr the reoeipt and bctods ?
A. I sold bonds to Mr. Dutton for fifty dollars, but the receipt
calling for four one hundred dollar bonds, was sold for^ one hundred
and seventy-five dollars — ^less than the others.
Q. Do you know what Robinson paid Mr. Dutton f
A. I told Dr. Robinson I had given the receipt to Distton ; afMr-
wards Dutton said he could net coUec^ iC Dutton warited me to
«
take the reoeipt and refund him the money. I went to Robinson
and he said he would buy the bonds lor me. I told him Dutton
would take scrip. Dutton went to him and he paid Dutton in
scrip.
Q. Do you know what the -scrip was turned over to Dtitton for f
that is, I mean how much ?
A. The amount as I understood it, was he returned Mr. Dutton
four hundred dollars 'in scrip, for the four hundred dollars of bonds.
BXAMINATION IN OHIXF RSSI7MSD.
By Attorney Oeneral. — Was there anything said in regard to
keeping quiet about the sale of the bonds ?
A. I think not.
240 PR00XBDIN08 IN THX
1 * ^ -w
Dr. E. Tefl re-called on part of the State.
By Attorney General. — Were you .reqi^pte^ to keep quiet yi re*
gard to tlie sale of these bonds 7 ' ,.
A. He made the remark he did not wish anything said fho^i it ;
particularly that Mr. Pomeroy's having anything to do with it.
[J. F. CUMMINGS' TBSTimONYO
J. F. .Cumn^ngs Te-<;alled on the part of the State.
Attorney General. — ^I believe you have had some connection with
the State Printing, have you not ?
A. To some ei^tent. ^
Q. Do you know anything of the award of the contract fot the
State Printing for 1861 ?
A- Yes) sir.
Q, Do yon know anything of the contra<^t awarded to If eiBRsn.
IVask and Lowman f
A. Not directly.
Q. Do not know from any conversation with Dr. Robinson f
A. I don't know of any conversation I had with the Secretary of
State, in regard to thai printing.
Q. Did yoti have any eonversation with Dr. Robinson in regard
to it at that time ?
A. Not at that time.
Q. Do you know anything about the bond of Trask and Lowman
"Mng fikd 7
A. I do not of my own personal knowledge.
Q. Did you ever see a bond pf tbeir's in jbh^ Secretjary's office 7
A. I did not. I saw what purported to be a bond of Trask imd
'Lowmail.
By Gov. Shannon. — Did you read it 7
A, I did not. I don't know if there was any.
Q. What wsA the indorsement 7
A. Bond of Trask and Lowman.
Q. When did you see it 7
A. In June, 1861.
Q. When was the contract made 7
A. In June, 1861.
IMPSAOHMENT OASIS. 241
Q. Do yoQ know of Trask and Lowman's haying made a bid ?
A. I never saw any Bnch bid.
Q. Do you know from any oonyersation with Robinson J
A. No, only throngb Mr. Trask.
Q. Was Secretary Robinson present at that oonyersation ?
A. Tbere was some oonyersation in bis office with other gentle*
men. I don't know if Robinson took part in it—part of the time
Robinson was there.
Q. Who were the other gentlemen ?
A. Mr. Ross and Mr. Weir.
Q. What was the conyersation, was it is regard to the bond-«
while you and Secretary Robinson were there ?
A. It was about getting Trask to withdraw a bond he had filed
or was about to file.
Q. What was said while Robinson was there ?
A. I don't know.
Q. What bond was that ?
A. For the legislative printing.
Q. What year?
A. 1861.
Q. Did the conversation extend to Bond and bid, or bond alone f
A. To both bond and bid.
Q. Was it before or after you saw it on Robinson's table ?
A. I cannot say.
Q. Was it about that time ?
A. Same day.
Q. Was the conversation about withdrawing the bond and bids t
Objected to by defense.
Attorney General. — ^I will ask the question in a different way.
Q. Was that conversation in the Secretary's presence ?
A. I cannot tell.
Q. Was there any conversation while the Secretary was present 1
A. The Secretary was in the office part of the time while Traiik,
Ross and myself were there.
Q. How long was the Secretary out in the forenoon ?
A. I cannot say.
16
n
242 PEoonDiNGs in the
Q. Were yoa in more than onoe ?
A. I was in seyeral times at short intervak.
Q. At any one of the times was the Secretary present?
A. He was.
Q. Was he the first i
A. I oannot say.
Q. Was he the seoond 1
A. I do not know which time.
Q. Was he not every time you were there 1
A. I think not.
Q. What was the snbjeot of your oonyersation ?
A. Our oonyersation was about the printing bid of Traak ft
Lowman.
Q. Was it each time ?
A. Principally.
Q. Was it each time that morning in relation to thai matter ?
A. I think so.
Q. What bond and bid were referred to in that conversation f
A. The bond and bid of Trask & Lowman of 1861.
Q. Did you see that bond after that time ?
A. I did not. I heard Mr. Traak say, (putting his hand in his
pocket,) "I have it here.''
Q. About what time in June was that ?
A. During the first letting by contract of Legislative printing
under the State law.
Q. In that conversation, will you state what bond and bid was
mentioned ?
A. The bond and bid of Trask k Lowman for Legislative print-
ing for 1861.
Q. Where were they at that time f
A. Part of the time they were in Trash's pocket, and a portion
of the time in Secretary's office— during that day I mean.
Q, Do you know of your own knowledge anything of the with-
drawal of that bond — ^I mean of your own knowledge or from any
conversation with Secretary Robinson ?
A. No, sir.
Q. What action did you take subsequent, predicated on that
withdrawal f
IMPSAOHMSNT 0A8X8. 249
A. We filed our bond.
Q. Was Trask & Lowman's bid higher or lower than your'B and
A. I think it was lower.
Q. Did you know what the amount of Traak's bid was ?
A. Yea sir, I did.
Q. From what source did you learn the amount of Trask's bid ?
A. I learned it from Trask himself.
Q. Had you a bid in the Secretary's office at thai time ?
A. I had.
Q, Was it for printing?
A. Tea, sir.
Q. What was done with that bid ?
A. After the withdrawal of Trask's, or when he refused to file,
I was notified that I should file my bonds.
Q. Did you so file ?
A. Tea.
Q. Was that the only bid you filed ?
A. It was an amended bid.
Q. What was done with the original bid ?
A. By the consent of the Secretary, it was withdrawn; he
thought I had a right to do it,
Q. By whose consent ?
A. By Secretary Robinson's.
Q. In what particular did your last bi<l difier from the original f
A. Only that it was larger.
*Q. What action was had on the bond or the bid of Trask ft
Lowman f
A. I can only tell what I heard from other parties.
Q. Was there any action had on it ?
A. I cannot tell of my own personal knowledge.
Q. Did you hear from Secretary Robinson f
A. Not from the Secretary.
Gross examined by defense.
Got. Shannon. — ^You say you saw the paper in the Secretary's
office?
t ^
244 VBOOSKDiNas ik the
A. I believe it waa.
Q. Did you examine the paper yoareelf ?
A. I did not. ^
Q. Did you know any thing of its oontents F
A. No, sir.
Q. Was there any other indorsement on it?
A. No, Sir.
Q. Do yon know if the Secretary approved of it or not ?
A. I do not.
Q. At the time yon s&w the paper, who was there, Weir or Rob-
inson?
A. I oannot 8a.y; both of them may have been there.
Q. At the time this bond was seen by yon, how long was it
before the adjournment of the Leg^lature ?
A. My impression is that it was after.
Q. When was that ?
A. I am pretty certain it was some time in June, near the
adjournment of the Legislature or after.
Q. Was not the printing almost done for which Traak & Lowman
bid?
A. The printing was about finished at the time the bid was put
in.
Q. Who had done it ?
A. Mr. Boss and myself.
Q. Who solicited Mr. Trask to withdraw the bond ?
A. I did, sir.
Q. Who else ?
A. I cannot say.
Q. You say, Ross and yourself bid the printing, were you con-
cerned together?
A. Yes, but he did the most; there was not much division.
Q. Do you know, at the time he withdrew the bond, if his bid
had been acted upon by the Secretary ?
A. No sir, I do not.
Q. At the time you amended your bid, had the Secretary acted
on your first bid ?
A. The time had not expired for receiving proposals,
IMFSAOHUmT OASMB. 246
Q, Had the Auditor, Treaiarer or Seoretuy acted on your bid,
or not 7
A, I belieye not, I do not aee how it oonld be done under the
law.
Q. Did you withdraw your fint bid f
A. I did.
Q. Before you amended it f
A. I did.
Q. Did you reoeive notice that your amended bid waa accepted f
A. I did.
Q. Did you file your bond f
A. I filed my bond with the Secretary, and it was approTcd by
him.
XXAMINATION IN OHIXr RS8UMXD.
By Attorney General. — ^What waa your bid for t
A. My bid waafor the legialaliTe printing of 1861. It embraced
the printing done, and what had to be done.
0B088 SXAUIKATIOW BT DmiTSS BSSVMID.
By Got. Shannon. — Did you, or any one elae^ to your knowledge,
conralt with Secretary Bobinaon about withdrawing Track and
Lowman'abidf
A. I did not, or any other parties to my knowledge.
XXAMINATIOH ZX OHIW BXaUJIXD.
Bj Attorney General."-What became of your original bid t
A. I don't remember whether it was amended or destroyed.
Q. What is year best rseoUection in regard to the matter f
A. I douH know.
Q. Did you cTcr say any thing to Secretary Bobinson or Weir
about it 1
A. I did not.
Q. Haye you no recollection about conyening with him at any
time on that subject?
A. I don't recollect.
Q. Ton sqr you have no reooUectkm ?
A. No recollection.
Q. Are you acquainted with Track and Lowman 1
A. lam.
246 PROOXBDINQB IK THX '
Q. What is their peoaniarj responnbility 7
A. I think they are good, as far as I know.
OBOSS XXAHINATION BE8UMSD.
QoT. Shannon. — Will you state what you mean when you say-
filed ?
A. I mean left— deposited.
EXAMINATION IN OHIXT ABBUMU>.
Attorney General. — Do you recellect of there being any other
writing on the bond, ezoept what you have stated f
A. I do not.
By the President. — ^Aie 'yon aeqmdnted with the hand writing o
John W. Bobinson f
A. I am.
Q. Whose writing was on the bond f
A. The broad style of Trask.
Q. How long after did you file your amended bid ?
A. I filed my amended bid the day before.
Q. From whom did you reeeire the note t
A. From Secretary of State.
Q. What day 1
A. Probably the same day of the oonyersation alluded to.
Q. Did you know, at the time you put in your amended bid, the
bond of Trask and Lowman would be withdrawn J
A. There was no bond of Trask and Lowman. Mr. Trask had
BOt come up.
0BQ88 XXAMINATION BB8UMXD BT BBTXHSX.
Got. Stanton. — At the time you changed your bid, you say Tdlsk
had not arriyed with his bond J
A. He had not.
Attorney General.— If it please the Court, I have sent for seme
papers, in the Secretary's oflEice. I suppose they can be found in
ten minutes, if the Court will take a recess for that time.
Senate took recess for fifteen mmutes.
The time having expired, the Senate was caUed to order. '
Attorney General. — ^I understand, may it please the Court, the
defense show their inabilily to produce these papers, and I propose
to prove, by Cummings, their contents.
IMPSAOHMENT 0A8X8. 247
Got. Stanton. — ^Mr. President : We wish to state that these
]Mkpen were called for by a committee of the Legislature. They
lure neyer been retnmed, and cannot be found.
Attorney General. — ^We propose to prove their contents, as they
are not to be fonnd where they should legally be. I do not wish to cast
any reflection, after the statement made by Robinson.
J. F. Gommings recalled.
Attorney General. — State the amount of your first bid.
A. Fifty-fiye cents per thousand ems.
Q. State the amount of your seoond bid.
A. One dollar per thousand ems.
Q. Which bid did you get the contract on 1
A. On the second or amended bid*
Attorney General. — ^I wish this paper made a part of the record*
[OOPT.]
In the matter of the Impeachment of John W. Bobinson or his
attorneys :
Tou are hereby notified to procure, on this trial, the bid of Gum*
mings for the legislatiye printing of 1861 ; the bond filed by Trask
and Lowman, in your office, in regard to a pordon of the State
printing (filed in June, 1861), and the bond of Traak and Lowman,
for the legialatiTe printing, filed in June, 1861, in your office.
8TIN80N,
June 8, 1862. For the Managers.
Attorney for defenii^ accepted service on the above, by indorsing.
Attorney Gkneral— I now propose to put in evidence Public
Documents, 1862. I also offer House and Senate Journals, 1861;
especially page four hundred and eighty, line commencing " Also
for.'*
aXAlONAVIOH IK ORHf BXITOMXl).
J. F. Oumminga recalled.
Attorney General. — ^Do you know the amount of Trask and Low-
man's bid r
A. It was sixty-five cents per thousand ems.
248 paooxxDiNQS in tex
Attoniey GkneraL — Mr. President : We now propose to rest our
oaMy vitb the understanding with the attorneys for the defense, that,
at any time daring the proeeedings, we will be allowed to recall Mr.
Hillyer, and to call Mr. Gollamore.
Shannon. — ^We will agree to that.
Attorney OeneraL — ^Then, it the Oourt please, on the part of the^
managers, with this understanding, we now rest our ease.
Mr. President. — ^I believe Mr. Case was to open the argument
on part of the defense. Is he ready 1
Mr. Ingalls. — ^Mr. President : It is not my desire to interfere
with any arrangement counsel may think proper to make in their
conduct of this case ; but the course pursued by the person men-
tioned, has been in such open and flagrant contempt of this body,
that he must, in justice to ourselTes, be excluded from any further
participation in these proceedings. I am informed) and am prepared
to fortify my statements, by the affidavits of eminently respectable
gentlemen, members of the bar in this city, that Mr. Case has
publicly declared, on the street comers, in the halls and other places
of common resort, both before and during the progress of the trials
that this Senate is a jury packed against his clients, and that there
is. bat one Senatar who^e verdict cannot be bought with money.
No one can be more indiflbrent than myself to the vulgar assaulto of
oalumny and slandef . Personally, I would pass them by as unworthy
of the aUghtest consideration; but this man appears here, in an
official oapaeity, and we are compelled to notioe the conteQ4>t of
which he has been guilty. In insulting us, he insults the great
State which we represent, and whose honor we are bound to main-
ti^n* He has no further claim to the indulgence of a tribunal whose
integriiy he has impeached, whose courtesy he has abused, and
whose protection he has forfeited. Suitable means should be taken
to prevent his further appearance; and, unless he voluntarily
withdraws, I shall make a motion that he be refused a hearing by
this body.
Mr. Stanton. — Mr. President : I beg leave to say to yourself and
Senate that I have no knowledge of sneh statements being made,
and am extremely sorry that anything of this kind should occur.
No feeling or suspicion would have induced me to make or concur
in such remarks. No shadow of suspicion of this honorable body
has ever crossed my mind. I am not able to say if such is the ease
IMP£ACHMSNT CASKS. 249
«r not. I think, at least| Mr. Case should be present when such
charges are made against him.
Senator Ingallsi. — ^I did not make a motion but merely a sugges-
tipn, in order that ooimsel themselves might reaoh some satisfactory
anfuigement.
JndgeSmiih— We cannot now come to any eoncUudon. The
tioaUe about the matter is to make up our minds without knowl«-
edge. Mr. Case not being here, so far as we are concerned we are
satisfied, and we will conduct the case as it ought to be conducted,
and we r^t assured the Senate will do justice. We went into the
trial with that oonvietion, and have it still.
AFTERNOON SESSION.
Monday, June 9th, 1862, 2 o'clock, P. M.
Senate met pursuant to adjournment,
President in the chair.
Boll called.
Quorum present.
Absentees — Messrs. Curtis, Denman, Essick, Hoffman, Lynde,
Holliday, McDowell and Morrow.
Mr. Case. — Mr. President and Gentlemen of the Senate : I un-
derstand there is a feeling against me occasioned by remarks said to
have been uttered by myself outside of this Court, charging that
ihere was but one honest man in the Senate. No candid man would
be warranted in making assertions of that character in reference to
ihb respectable body. Belieying, from the remarks of Senators on
this floor, that my continuing to appear as one of the attorneys of
John W. Robinson, Becietary of State, will be used as an argumant
prejudicial to his defense and acquittal, I respectfully withdraw
from the defense.
George S. Hillyer recalled.
Attorney General. — ^You were one of the board to pass on bids
lor State Printing, were you not ?
250 FRO0SXBIKO8 IH THE
A. I was.
Q. What knowledge have you of the bonds of Trask & Lowman
that were filed in the SecretaTy's offiee in June laatf
A. The printing board held a meeting and awarded a eertam
portion of the printing to Trask & Lowman. It was the LegisktiYe
bill printing. The Seoretarj notified them that they were the
saocessfnl bidders, and they came forward in due time with their
bond. Afterwards I called at the Seoretvy's office, he being absent,
and diseorered- the bond of Trask & Lowman on his desk. I
examined it, and expressed myself satisfied 'with it in the presence
of Mr. Weir. I don't recollect any filing on the bond, and think
there was not. Mr. Trask saw me the same day, and asked per-
mission to withdraw their bond. I told him it could not be done
with my consent. I called at the Secretary's office perhaps that
evening or next morning, the Secretary was not in, and the bond
was missing.
Q, In what capacity was Weir acting 7
A. He was Clerk in the Secretary's office.
Cross examined by defense.
Gov. Shannon. — ^Did you at any time indorse your approval ob
that bond?
A. I did not.
Q. Tou merely said you were satisfied, did you ?
A. Yes, sir.
Q. Was the Secretary not present f
A. He was not present either time I called.
Q, Did you oyer inform the secretary 7
A. No, sir.
Q, Did you at any time tell the Secretaiy you had appiored oS
U7
A. I think not.
Q. Did he not know you had seen itf
A. No, sir; not till after the bond was abstracted.
Q. I mean before 7
A. No, sir.
IMPBAOHMXNT OASES. 251
Q. When you called, it wm upon the desk, and Weir was there,
yon said, I believe ?
A. Yes, sir.
Q. It was in his custody, was it J
A. He was the only one in the office.
Q. The next day, when you asked for it. what did Weir say J
A. He stepped to the desk, turned over the papers, and said it
was missing. He looked about among the papers and couldn't find
anything of it.
Q. Can you state any information you had as to the condition of
things in Washington, whether they wanted things kept as secret
as possible or not 7
A. Not particularly, I did not think it best, so far as I was con-
cerned, to correspond and publish the facts in relation to the matter.
Parties might take advantage of it. ^
Q. In your conversation with Bobinson and others was there any-
thing said about keeping it secret, — anything which rendered it
necessary?
A. I had no conversation with either Senator on the matter.
Q. Do you know if any bonds had been offered at as low a price -
as thirty-five or forty cents ?
A. Not of my own knowledge. I have been so informed.
Q. What was your information ?
A. As you state, at a low figure.
Q. Was there any consultation between you and Bobinson as U>
the effect that would have on our negotiatious f
A. When I first heard of it, I thought it would be no use to try
to sell.
Q. Don't you know that some bonds were offered to the Secretary,
at thirty or forty cents ?
Attorney OeneimL — Witness must speak (rf his own knowledge. .
Mr. Hillyer. — I received information that bonds were offered at
a low figure — about fifly cents. • ,
ft Q. Did yon suppose that those offers would affect your negotiations^
and did it influence you in your action and cause you to be secret ?
Attorney Ghneral. — ^I object to the question. Hy reasons are
because I wish the objection recorded, thai the Senate may bean
252 PBOCUDXHOS IN THI
them in miad. In my closing argument, I shall sift the valid from
the invalid testimony.
A. That was one consideration, among others, which induced them
to keep the negotiation secret.
Bzamination in chief resumed.
Attorney General. — ^Did you ever go to the Interior Department
to learn if the negotiations could be effected ?
A. I did not.
By the President* — ^Mr. Hillyer, at what price was the printing
let?
A. I do not recollect the figures.
4). What time did the board meet T
A. I cannot state that either,
Q. How long after the printing was let, did the board have another
meeting?
A. We had a meeting to examine bonds aflier the printing waa
'let. There is a certain time fixed by law, in which the bonds are ta
ibe filed.
•Q. Ton say the bond of Trask and Lowman was not to b%
found?
A. It was not
Q. What action did you take upon it f
A. We took no action.
Q. When was the printing let to Cummings J
A. It waa let at the same time that this printing was awarded to
Xiaak and Lowman.
The Board of Managers here closed their case.
[ABOUMENT OF OBORaB W. SMITH.]
The case was now opened on the part of the defense, by the Hon%
<}60rge W. Smith.
Mb. President and Gentlemen :
Very unexpectedly I find myself compelled to open this caaa Ibr
ihe defense. Fortunately, perhaps, for you who would have h/A to
listen to it, I have been unable to prepax% an arguments Our
»\
\
1
•^
IMPEAOHMXNT OASES. 258
position irill be tliat, from the eyidenee already given, nothing
criminal appears against the defendant. The trial of impeachment
is, in this, like a trial for indictment: the intent of the person
charged mnst govern the criminality of the act. So far, the State
has not adduced a single point on which to base criminal proceed-*
ings. They may, perhaps, have made oat a civil case— <enongh to
warrant the State to proceed against their bonds, in order to reoonrer
the amount out of which the State claims to have been defrauded.
This is the proper remedy.
We shall deny, from beginning to end, that you have shown
anything for which our client should be oonvicted. There may be
some things adduced in testimony, which will require ezplanationy
and for this purpose we shall call our witnesses. As this case, and
those of the other officers, have naturally created a strong feeling and
bitter sentiment, in the minds of the people of the State ; to stay
this, and to satisfy this honorable body, we shall show that this
respondent derived no pecuniaiy or other benefit from the transaction.
No sane man will believe that a person will act corruptly, unless he
intended to derive some benefit therefrom. We take this position,
and declare that all the witnesses have failed, with the honorable
Board of Managers and Attorney (General to boot, to show that Dr.
Bobinson ever derived one cent from sale of these bonds. It is not
to be believed, that a man would act corruptly without hoping to
derive benefit therefrom. This our client has not done.
My duty will be to consider here what has been proved, on the
part of the prosecution . At the commencement of these negotiations,
how did our State credit stand ? It was for sale on every street, at
bankrupt prices. It is known to every member of this Senate, that
the scrip could be purchased at fifty cents on the dollar at that time,
while the State bonds were worth camparatively nothing. Dr.
Bobinson had in his possession a large amount of these bonds ; he
bad purchased scrip at low figures, and his salary as Secretary of
State had been paid in the same way, which amounts he had bonded.
It appears also that he had borrowed some. Having information
which lead him to believe they might be sold at Washington, he
sent them to Senator Pomeroy to sell for him.
With that interest for the State which a faithful officer feels, Dr.
Robinson went to Washington soon after. On arrival there, he
found that other parties in Kansas had learned that the State bonds
might possibly be sold there, and had sent theirs on to Mr.
254 PE00XSDIN08 IN THl
Pomeroy. Hence arose the desire of secreey, and the pnrpose ahown
to keep the sale of the State bonds a perfect secret. We shall offer
some evidenoe on this point. This will explain the use of the words
^' keep mnm/^ and keep quiet/' found in the letters, given as testi-
mony here, from Dr. Bobinson to Weir.
We shall show how this respondent, with Hr. Hillyer, the Auditor,
remained in Washington for three months, at their own expense,
while the bond transaction was maturing; that Dr. Robinson, for
two months, refused to take sixty cents on the dollar, and that he
only acquiesced when advised that no sale could be effected else-
where, if the State officers failed to effect one to the Grovernment.
Under the advice of Senator Pomeroy, after these bonds had been
twice withdrawn from the hands of Mr. Stevens, Dr. Robinson
agreed to take sixty per centum for the bonds, in so doing, they
may have mistaken the law ; but that violation will not, of itself,
show a criminal purpose — an intent to defraud and cheat the State.
The evidence shows that the Auditor, Mr. Hillyer, as well as Dr.
Bobinson, were of the opinion that the law allowed them to negoti-
ate fifty thousand dollars of the hundred and fiffy thousand seven
per cent, bonds, at any price they could be obtained. Make a
calculation on this basis, originally marked out— fifty thousand
dollars at forty per centum, and the remainder at seventy per
centum — ^and it will be seen that, under this view, the final sale at
sixty cents was supposed to be a good bargain. And to this they
were advised by one of our Senators : a gentleman who, from his
position at the National Capital, would, without doubt, be entitied
to advise in such a matter. This understanding of the law may be
wrong ; but such a mistake does not prove criminality, on the part
of this respondent, and he cannot, therefore, be convicted on the
impeachment.
I come to the war bonds. It has been shown that Secretary
Robinson had nothing to do with them but countersigning them.
No one accuses him of being connected with their sale in any
way. The countersigning of them is a merely ministerial duty,
which he could not have avoided. In this he is not even guilty of
a civil offense. He is charged, here in this Court, with a misde-
meanor for the act countersigning the extra bonds, so called. The im-
peachment is null and void. The Secretary could not have avoided
the countersigning, and had he refused, a writ of mandamtw could
have compelled him to do the work.
IMPIAOHMSNT 0ASX8. 256
In relation to the Article of Impeachment, charging a misde-
meanor against Dr. Robinson, on account of the payment of the
Wabaunsee Patriot's account for publishing the banking law, there
is not, gentlemen, one tittle of evidence been adduced to show that
the Secretary knew anything of the transaction. The certificate to
the account of Cummings was signed by his clerk. A principal
would be liable, for money lost, to the State by a fraudulent
certificate, but codld be charged with criminality from the transao-
tion. But was there anything wrong in it ? What was the purpose
of the Legislature, in ordering the publication of the banking law 1
Was it not that the people might be able to examine it ? The
people of Wabaunsee county were as much interested in the matter,
as the more favored portions of the State, where newspapers
abounded. It is in evidence that this paper was published at
Wabaunsee, and circulated from one to two hundred copies in the
county. Was it not a legitimate enterprise to start it for the
purpose of informing the people of that county, in relation to the
banking law ? The publication was made, the paper ceased some
weeks after, for reasons given by the only witness produced by the
State, and the proprietor made affidavit of the publication of this
banking law. It was certified to by Mr. Weir, and if you could
show that the act was wrong and that Secretary Robinson was respon-
sible for what his clerk done, you must show that his intention was
to defraud the State, before you can impeach him before this
Court.
For the other charge, in relation to the abstraction of the bond
of Trask and Lowman from the office of the Secretary, the prosecu-
tion itself does not dwell upon that count, and the evidence is so
meagre that the defense need do no more than allude to the fact
that the House of Representatives has failed entirely to support the
averments contained in this article.
Mr. President and Senators : I have thus briefly and imperfeotly
marked out the course which the defense will pursue in this case*
Tou are already wearied, and I will not further exhaust your patience
by endeavoring to speak longer. I had no time for preparation.
Of this fact you are fully aware, and are, doubtless, pleased by it.
These men are officers of your State. It is right they be held
strictly accountable for their acts. No one is more willing than
myself to do this, if they are guilty. Had I been a member of the
House of Representatives, I should advised the passage of a resolu-
256 PROcESDiNas in the
tion, bringing suit in the courts, on their bonds, to recover tbe
amount out of which it is claimed the State was defrauded. This
was the remedy then and is now : and unless you have evidence of
criminal intent on the part of this respondent, it is your solemn duty
to acquit. Even the doubt must inure to the benefit of the accused*
We charge you to weigh well your responsibility.
[E, 8. STEVENS' TESTIMONY.]
Testimony for the defense.
Hon. Robert 8. Stevens sworn on part of the defense.
By Mr. Stanton. — ^Mr. Stevens will you proceed and state all the
transactions about the bonds, which you had with Secretary Bobin-
son and all the State officers. «
Mr. Stevens. — In order to state understandingly, I shall be com-
pelled to go back in point of time, before having any thing to do
with the Secretary and Auditor. I left Kansas in the latter part of
July, I86I, to go to the city of Washington, and I think on the
30th or SIst of July, at Buffalo, I met Mr. Button, the Sute
Treasurer, I bought of him a certain portion of the War Bonds.
He had with him fifby-eight seven per cent, bonds, amounting to
twenty-nine thousand dollars, which he told me he had been East,
trying to sell, or on his way had endeavored to sell, and which seven
per cent, bonds he had received from the Executive officers of the
State, and was authorized to sell at seventy cents., at which price
he offered them to me. I did not wish to purchase, but if he was
willing, would take the bonds — ^try and sell [them] for seventy cents^
or return them if not sold. I gave him a receipt which is in evi-
dence, and he gave me the bonds. I went to Washington and sold
IwentyHBiz thousand dollars of the War Bonds to the Interior
Department. I also, about that time, made a proposition to the
Secretary of the Interior to sell him one hundred thousand doliar^
of seven per cent. Kansas bonds, which was not accepted. I started
on my return to Kansas, coming by the way of Dayton, OhiOy
bringing the twenty-nine thousand dollars of seven per cent, bonds
with me, to return, and take uf> my receipt. At Dayton, I had an
interview with R. G. Gorwin, who stated, that if I would modify
my proposition to the Secretary of the Interior, as to price, he
thought a sale could be effected. I wrote a new proposition to die
IMPKAOHMBNT 0A8X8. 26T
Secretary of the Interior ; at the same time I gave the bonds to Mr.
Gorwin, taking his receipt therefor, together with the proposition, a
copy of which, I now have. I then returned to Kansas, arriving
here early in October. My desire was, to purchase bonds enough,
with what I owned, to amount to one hundred thousand dollars,
in case my proposition was accepted. Having understood that
possibly Messrs. Clark and Stone's authority to sell the seven per
cent, bonds had not expired. I submitted a proposition to them to
purchase f, certain amount at forty cents. I received a reply, de-
clining to accept this offer, for two reasons, which were : First, a
doubt of their authority to sell — and second, as to the propriety of
selling at so low a figure, if they had the authority. The reply was
from Gen. Stone. About the 15th of October, I came to Topeka,
and endeavored to purchase from fifty to seventy-five thousand
dollars of bonds from State officers, authorized to sell. Two of the
officers, the Auditor and Secretary of State, thought they could sell
fifty thousand, at any rate they thought expedient, and before leav-
ing, a statement was handed me, in writing, signed, (I think) by
the Auditor and Secretary, saying they would sell me fifly thousand
at forty cents, and twenty-five thousand at seventy cents. This
arrangement was not perfected ; — sale or purchase was not made
for the reason, that on presenting this paper to the Governor, he
would not sign it — and I would not purchase without joint action
of the Board. Before leaving, however, it was agreed for me to
take on to Washington, bonds enough of the S500 bonds to make
up fifty thousand dollars — $21,000 — and all the $100 bonds they
thought would not be needed to take up scrip. They delivered to
me twenty-one thousand dollars of the $500 denomination, and a
portion of the $100 bonds — such as were complete — ^a portion in the
book were not signed by the Governor. They delivered the book to
me (containing the unsigned bonds,) which I took to Lawrence, to
get the Governor's signature thereto. He signed the bonds, and I
think I returned the book to the Auditor, by express. I was here
at Topeka two or three days, and in that time the Governor went to
Lawrence, which necessitated me to take the book of bonds to him.
Such bonds as were delivered to me, I did up in a package, and sent
to Washington by Dr. Woodward, and to deliver to Corwin and
place with my others, to be paid for by the Secretary of the Interior,
if my proposition was accepted. Immediately after delivering them
to Dr. W. I started to Southern Kansas, to attend to some business.
17
2ii8 PB00BDZNO8 IN THl
I leftmed tmbaequenily, that S. 0. Smith met Dr. Woodward on the
way from Lawrence to Leavenworth, and he having bosineeB at
Washington, took the bonda, and the Dr. came hack to Lawrence.
Shortly after, I heard that the Auditor and Secretary had gone, or
were going to Washington, and in a short time I received a letter
from them, referring to the bonds, and desiring me to come on. I
returned a reply, stating that when my business called me to Wash-
ington I should come. If they had any business there, to attend to
it. I received one or two more letters and a telegram, to which I
replied to the same effect. I left Elansas on the 23rd or 24th of
November, to go East, and arrived in Washington on the last day
of November — on Saturday night ; I saw the Auditor and Secretary
on Sunday, and on Monday saw Mr. Oorwin, who was assisting me
in the sale. He informed me that it was difficult to make the sale.
He suggested to me the seeing of the State officers, and obtaining
their authority for me to act as State agent, accounting to the State
for a certain amount, and taking all over, for compensation.
Shortly after that interview with Mr. Corwin, we went to Mr,
Pomeroy's room, and had an interview with him. On leaving his
room, the Secretary, Auditor and myself went into an office, and I
drew up a paper, or power of attorney, which they signed. It was
signed by the Auditor, Secretary and Governor. The Secretary
signed the Governor's name. I don't know what his authority was.
He said he was authorised to so sign. There was nothing said by
us as to the price I should pay the State for bonds. I then made
a proposition to the Secretary of the Interior to sell them for eighty-
five cents. The proposition was submitted by me to the Secretary
of the Interior. He informed me that he had submitted it to the
President, he being the only person authoriied to act under the
treaties. The President declined to authorise the investment The
Secretary said that would probably end the negotiations. I asked
him if he had any objection to my getting the Congressional Dele-
gation to call upon the President. He replied that he had not. I
called on Mr. Pomeroy, and asked him to get the rest of the delega-
tion and go and see the President. He said that he would. He
informed me a few days afterwards, that they all went to the
President's House and waited till eleven o'clock, without obtaining
an audience. Gen. Lane, having business before the Military Com-
mittee, of which he was a member, could stay no longer. Mr.
Oonway also left without seeing the President, having business at
IMPBAOHlfXWT 0A8XB. 259
*tlie House of Bepresentatives. Gkn. Pomeroy remained, saw the
Preeident and brought the matter before him. The President
expressed his surprise at the bonds being those of the State. He
. supposed them to be those of the LeaTenworth and Pawnee raiboad
Company — and authorized him (Mr. P.) to say to the Seeretary of
the Interior, that if he thought best to make the iDvestment in that
way, to do so. It was thought best to get the written request of
the united Kansas Congressional Delegation, to the President, llr.
Gorwin drafted and handed me the letter, dated Deoember 16th,
addressed to the President. I oopied it just as it read then, and
reads now, saving the signatures. I went to the Capital, to the
Senate Chamber, for the purpose of getting it signed. The Auditor
and Secretary went with me. I called Mr. Pomeroy to the main
entrance — masked him to read and sign it if willing, and hand it to
Gen. Lane to sign. I remained at the door. Lane came out with
the paper in his hand, remarking, as he handed it to me, ^* Bob,
Pve not signed this letter, but you can come to my room to-morrow
morning, and I will see you about it.'' I inquired if he could not
decide that night, as I wanted to file the papers in the morning.
He said, '< you can oome as early as you want to, and you can see me
then." I then went to the Avenue House, where I boarded. In the
morning I saw Lane, Beynolds and other gentlemen conversing. I
called Beynolds and handed him the paper, asking him to get Lane
to sign it. Afterwards I saw nothing more of either Lane or
Beynolds till after 10 o'clock, A. M. Mr. Beynolds came into the
Hall with Mr. Niles, an attorney of Washington, and went up to a
room where Lane was. Niles went away soon after. I saw Bey^*
nolds shortly after, and asked him to see if Lane had signed that
paper, and to bring it to me, either with or without his signature, as
I wanted it. Beynolds brought me the paper, and said that Lane
said he would see about it the next morning. The next morning I
handed the paper to the Secretary and Auditor, and asked them to
try and get Lane to sign it. They brought back the paper without
his signature. Some days prior I gave it to Secretary Bobinson,
and asked him to get Conway to sign it. He returned it with Con-
way's signature ; Conway signed it leaving a space below Pomeroy's
between the two signatures for Lane's signature. After the paper
iwas returned without Lane's signature, I took it to the Interior
Department, stating to the Secretary that I could not get Lane's
. signature, and if the negotiation could not be made without it, I
260 PBOOSXDIlfOB IN THS
would let the matter drop. He then told me it was not neoeasary,
and I filed the paper, and on the 19th of December, I entered into
a contract with the Secretary of the Interior, a copy of which is in
evidence. I think, a day or two before this, I told the officer to
decide as to the price I was to account for to them if the sale was
made. They said seventy cents. I told them I would not pay over
sixty cents. We conversed about it, and one of them (I do not
remember which) proposed sixty-five cents, which I declined. We
then returned to our hotels. A short time after, on the same day,
Mr. Hillyer came to my room and said that the Secretary would not
take sixty cents. I replied, ^^ very well, let the trade drop then,"
and thereupon he left, with the understanding that the nee^otiations
were ended. That evening they came to my room, and said that
they had concluded to take sixty cents. I drew a contract, allow-
ing me all I could get over sixty cents. After that contract between
the Secretary of the Interior and myself had been made, I under-
stood that Qen. Lane had been there and protested against my
carrying the money to Elansas, stating in substance what is in the
deposition of the Secretary of the Interior, that he, (Lane) expected
to be a candidate for the Senate before the State Legislature— that
he had a majority of one in the State Senate, and if I had the
money I would buy that one up and defeat him, (Lane.) After
that contract was made, the same day, I think, Hillyer came and
said that Lane was opposing my having anything to do with it, and
suggested that somebody else should carry the money to Kansas.
Hillyer appeared favorable to this, whereupon I delivered the bonds
to him, and took my receipt, and told him to manage the bond
matter himself. Hillyer disclaimed any idea of interference, saying
that he was only stating what had been said to him, and the matter
was fixed as before. After it was proposed to get the Congressional
Delegation to call upon the President. I went to see Reynolds,
whom I understood to be Lane's Secretary and business manager.
I told him I was endeavoring to sell the Kansas State Bonds, and if
he would take hold of the matter, I would give him a thousand
dollars if successful. I had a conversation subsequent to that, with
Reynolds, about Lane's going to see the President. Reynolds said
that Lane would go. After the contract of December 19th, with
the Secretary of the Interior was entered into, a few days before I
got the money, Reynolds was in my room — said he was going away
in a few days. He used the expression, " the old man will do what
IMPBAOHMBNT OASSB. 261
be could, to help it through ; " meaning by " old man/' Gen. Lane.
I told him that I did not know that I had any need of his servioes.
The oontraot was made, and the money would be paid in a few days.
He (Keynolds) expressed himself ready to do what he could to dose
it up. I told him he must not expect pay, unless he rendered some
service — telling him Lane had even refused to sign the letter to the
President. Before leaving, he was in my room again, and said that
Lane would sign the letter when presented, and he (Reynolds) asked
me for a memorandum of the contract between him and myself,
which I sat down and gave him. I went to the Interior Depart-
ment — withdrew &om the files, the letter to the President, and gave
it to Mr. Hillycr, without Gen. Lane's signature. He went to
Oen. Lane's room without me, and came out with the letter signed.
I never went with them to Lane's room. I then took the letter to
the Department and filed it. I was informed again that Gen. Lane
had protested against my taking the money to Kansas. I went to
Pomeroy, who said ho was in the Secretary's office when Lane pro-
tested, but said Lane had agreed that he (Pomeroy) and Mr. Con-
way might select a person to bring the money. They requested me
to bring it. I did so, and settled with the Treasurer at sixty cents.
I never informed the Auditor and Secretary what I got, or what
proposition I made to the Secretary of the Interior.
Mr. Stanton. — ^What amount of bonds were delivered to you 7
Witness.— Eighty-seven thousand two hundred dollars.
Q. What amount of bonds did you get paid for ?
A. Fifty-six thousand two hundred dollars.
Q. What became of the balance ?
A. The remainder were left by me with the Secretary of the
Interior.
Q. Did you pay, or agree to pay to the Auditor or Secretary,
tiny thing?
A. Not one cent, sir.
Q. Was there any understanding between you, expressed or
implied?
A. Not any, sir.
Q. Was there any understanding between you and the Governor,
Auditor or Secretary, or either of them, when you took the bonds ?
A. I did not take them, except as stated. I left twenty-nine
thousand dollars of the bonds at Washington.
262 VBOCWMDUfQB IN THS
Q. What ondentaiidiiig was ihere between you s&d the State*
ofieera, when joa took the bonds from them?
A. The understanding was, that I should see if I could sell them^
and acoount to the State. My reasons for answering their letters*
as I did, were that I heard they had gone to Washington with a
view to effect the sale themselves, they having had letters fiNHU
Washington.
Q. Was it in the power of these gentlemen to sell the bonds
themselves ?
A. I think not, at that time, fliis is simply an opinion.
Q. Who was this Oorwin, you speak off
A. Robert G. Gorwin, of Dayton, Ohio, attorney at Uw, and
claim agent at Washington, doing business with the War and Interior
Departments.
Q. What is the relation between him and the Secretaiy of the
Interior?
A. There is some relationship existing on their wives' side, I
really oannot tell how close.
Q. What circumstances induced you to get Mr. Corwin to assist
you?
A. I had engaged Mr. Oorwin in other negotiations. He is
known as a snoe ossfu l operator, so I interested him in this.
Q. At what stage of the negotiation did these gentlemen give
you the contract to receive all over sixty cents ?
A. One or two days before I entered into the contract with the
Secretary of the Interior.
Q. Was it after the President had declined the proposition 7
A. It was.
Q. What was the value of these bonds in the New York market ?
A. They had no established value.
Q. What value in Kansas or elsewhere ?
A. To my knowledge, there were no bonds selling— only for the
redemption of scrip— rwhich cost from forty to sixty cents on the
dollar — ^mostly forty and fifty. Seventy dollars in scrip would draw
a hundred dollar bond. This would make the average value of bonds
from twenty-eight to thirty-five cents.
Q. Did you buy any bonds ?
IMPSAOHMBNT 0A8B8. 268
A. I bought Beveral thoiuand doUtfs in bonds.
Q. What was the average oost of the bonds you bought 7
A. I bought scrip at forty to sixty oents. I paid higher for some.
The market value of aorip was about fifty oents.
Q. Which one of the State officers was unwilling to sign the first
paper?
A. The (Jovemor, sir.
Q. Did you say that he refused T
A. I did.
Q. Was that fact oommunioated to the Secretary and Auditor F
A. Not by me. I simply told them that I did not desire to make
the trade.
Q. Where was the GoTcmor when you presented that paper to
him?
A. I could not undertake to state.
Q. Was he here or at Lawrence T
A. I cannot tell.
Q. At the time the arrangement was made, do you know if they
made an estimate as to the ameunt they would reeeiTe f<Hr flie
bonds f
A. They did, as a reason for consenting to my proposition.
Q. What was their estimate f
A. Fifty thousand at forty cents, thirty-seyen thousand two
hundred at seyenty cents. They concluded that the sale at sixty
oents was the better way.
Q. At any time during the negotiation, did you, or any body else,
communicate the fitct that they must keep quiet 1
A. I firequently told them that if they expected me to succeed,
they must keep the matter secret.
Q. What were your reasons 1
A. Mr. Gorwin, and afterwards the Commissioner of Indian
Affairs, told me the fact was known in Kansas, that I had sold war
bonds, and had offered for sale seven per cents. The commissioner
said that when he was in Kansas in October, he had had offered him
thirty thousand dollars of bonds, at from forty-eight to fifty-^six
oents ; he was opposed to purchasing State bonds, especially these,
because had had others offered him at so much lower rates.
264 PEOOBEDINGB IN THB
Q. Did you communicate Uiis to the Auditor and Secretary 7
A. I did.
Q. Did you have intercourse with Pomeroy, pending these nego-
tiations ?
A. I saw him frequently.
Q. Do you know if bonds were sent to Pomeroy from Kansas f
A. He told me that some had been sent to him ; that one thou-
sand dollars of bonds, belonging to Weir, had been handed by him
to Mr. Hillyer.
Q. Did he complain of it ?
A. I do not think I ever heard him complain.
Q. Did he caution the Auditor and iSecretary against having
bonds sent to him ?
A. I don't remember.
Q. How many interviews did you have with Lane before making
the contract with the Interior Department ?
A. I never had apy talk with him on the bond subject, except
what I have reported as occurring at the door of the Senate Cham-
ber. I went once to Lane's room alone, on a different matter, at
Lane's request, and met him onee at Willards', in the office.
Q. Was it at the door of the Senate Chamber he handed you the
letter ?
A. Yes, sir.
Q. Did he read it ?
A. He did not say anything about it.
Q. Did you try to conceal it from Lane that you were trying to
negotiate with the Interior Department ?
A. I took no pains to conceal or publish. The fact was known
in Washington.
Q. Was that letter complete when you handed it to Pomeroy ?
A. Saving the signatures, it was just exactly as it now reads.
GROSS EXAMINED BT THE STATE.
Attorney (General. — ^What other bonds, besides the eighty-seven
thousand two hundred, were included in the sale, and paid for to
you by the Secretary of Interior ?
A. He paid me four thousand four hundred dollars for bonds
belonging to J. W. Robinson, two thousand six hundred for HiUjer.
IMPEACHMENT CA8S8. 265
This included Weir's thousand, and fourteen hundred dollars of my
own.
Q. Gould the State officers have negotiated those bonds in the
way they did, if your contract had not been made ?
A. I don't think they could.
Q. Were the bonds ever delivered to the Secretary or Auditor,
except the time referred to in your direct examination ?
A. No, sir.
Q. Did you conclude your contract with the Secretary of Interior
before getting Lane's signature ?
A. I did.
Q. Was the paper signed by Conway and Pomeroy when it was
filed?
Q. It was signed by Pomeroy and Conway, and bore date 19th
December.
Q. When you tore up the receipt, had the contract been entered
into ?
A. I think it had not. They were delivered up twice. The first
time the contract was not made.
Q. When were the bonds delivered to Hillyer, before or after the
contract had been made with the Secretary of Interior ?
A. Once before I executed the contract of December 19th, 1861,
with the Secretary of Interior, and when they (Hillyer and Robin-
son) refused to allow me to retain all over sixty cents, I declined to
act any longer in the negotiation ; told them to take their bonds
and return me my receipt. This was done; but in a short time they
returned to my room, and agreed to allow me to retain all over sixty
cents, as is stated in the contract. Again, immediately after the
execution of contract of December 19th, 1861, with the Secretary
of Interior, (the next day, I think,) Auditor Hillyer and Secretary
Robinson came to my room. Mr. Hillyer went on to state to me
Senator Lane's action and his opposition to my carrying the money
to Kansas. Mr. Hillyer seemed to talk as if he wished to gratify
€kn. Lane, which ofiended me. Whereupon, I called for my
receipt given him for bonds. He took out the receipt and gave it
to me, when I told him to take their bonds and make their own
teade, with some other remarks of a similar import. Hillyer was
much Borpiised, and disclaimed any wish, on hia part, to comply
266 PBOCoaBiKOB in thi
with Oon. Lane's demands, or any desire to have me quit die
negotiations. After some further oonversation, I consented to
continue on, finish the trade, and get pay if possible. Icannot state
positively whether the bonds were in my room, at the time of thia
last conyersation, or at the Interior Department. But my impress*
ion is that I still had them, though I am not positive.
Q. Did you ever pay John W. Bobinson anything J
A. I did not, sir.
Q. To any agent ?
A. Not a cent.
Q. To any one for him 7
A. Never did,
Q. Have you donated anything sinoe the first of July ?
A. Not a cent.
Q. Any one for you ?
A. Not any one, that I know.
Q. Did Oorwin f
A. Not a cent to my knowledge.
Q. Any one for Gorwin ?
A. Not a cent to my knowledge.
Q. Either to Bobinson or Hillyer ?
A. Not a cent to my knowledge.
Q. Direct or indirect 1
A. Neither to one or the other, directly or indirectly.
Q. Any one for them ?
A. No, sir.
Q. Any one connected with them f
A. Not to any one for them.
BXAMIKATION IN OHIXV EB8UMXD.
Mr. Stanton. — ^What amount did you pay them for their indi-
vidual bonds t
A. Seventy cents.
Q. When did you make the settlement?
A. Some time in January, I think.
Q. Why did you give them seventy cents ?
A. While in Washington, I let Mr. Bobinson have 11800, be-
cause he wanted to purchase stationary in Chicago, on his return ta
IMPEAOHMSNT 0AAB8. 267
EauBSB. I let Mr. Hilljer ako have $1^000. AfWrwards Dr. Teft
presented an order from Robinson for 1200. It was a note or letter.
I paid some to Weir bj HiUyer^s directi<Hi. I paid a small amount
to the Post Master for . Wben I asked them how we should
settle, they said seyentj cents, which I paid them. I settled with
Secretary Robinson on the 24th of January, 1862. The other sums
were paid as on a nmnhig account.
Q. Had you any previous agreement as to what you would pay
Secretary Robinson for his private bonds f
A. No, he wanted me to put his bonds with the rest.
[GOV. CHARLES ROBINSON'S TESTIMONY.]
Gov. Charles Robinson was then sworn on the part of the defense.
By Mr. Stanton.^Govemor, will you state whether before the
Secretary and Auditor went to Washington, you had any oonversa-
tion with them in regard to what the law authorised the bonds to be
•old for ?
A. There was some conversation. I don't remember but one of
any importance touching price. It was thought by the Secretary
and Auditor that $50,000 of the seven per cent, bonds could be sold
at any price. They were the first to suggest that view, or it was
suggested in this conversation. I never thought in reading the law
there never was any difierence. I could not give any opinion at
that time, and when I examined the law, I came to a different
opinion from them, and refused to agree to anything of the kind.
Q. Was this conversation held with a view to the execution of the
trust imposed in you gentiemen ?
A. It was held to aseertain what we had a right to do.
Q. Bid you make any effort in conjunction with them to seU } if
•0, what did you do ?
A. I don't know that I ever did. I telegraphed to New York
at the request of the Legislature, to ascertain at what price they
could be sold.
Q. Bid you telegraph any where but to New York ?
A. No, sir.
GROSS EXAMINATION BT THE STATS.
By Attorney General. — Did you predicate your, opinion on
chapter seven, section second, of the laws of 1861 f
"268 FROOnBINQS IN THX
A. I predicated my opinion on tliat.
Q. Were all your attentions oalled to that ?
A. We referred to it in onr oonverBation.
Q. Did yon ever authorize the sale for less than seventy cents 1
A. I did not.
Q. Bid you authorize the balance of the officers to employ an
agent?
A, No.
Q.' Did you authorize either the Auditor or Secretary to employ
an agent ?
A. No, sir.
By a Senator. — ^What authority did they have to use your name
in Washington ?
A. I did not understand that they had any authority. I made a
remark at the conversation mentioned, from which they inferred
probably, they had such authority ; to the effect that if they oonkl
make any arrangement I would agree to it ; supposing it would of
voourse, be a legal arrangement.
.On motion, the Senate adjourned.
EIGHTH BAY,
. Senaitb Ghambke, )
Tuesday, Ji une 10th, 1862. )
Senate of the State of Kansas sitting as a High Oourfe of
Impeachment met pursuant to adjoummaut.
President in the Chair.
Boll called.
Quorum not being present.
On motion, the Sergeant-at-Arms was sent for absentees.
Sergeant-at-Arms returned T/ith Messrs. Lappin, McBowell and
Bees.
Quorum present.
Journal of yesterday xfaA and approved.
IMPXAOHMXNT 0A8SB. 269^
Present.— Hon. S. A. Stinson and the Board of Managers on the
part of the House of Sepresentatives.
Hons. Fred. P. Stanton, Wilson Shannon and George W. Smith, >
Bespondent's attorney's.
Mr. Stanton announced to the Senate, that the defense desired
no further examination of witnesses, and thej were ready to submit
the case.
The Attorney General announced that the prosecution had no
further testimony to offer.
[ARGUMENT OF W. R. WAG8TAFF.]
Hon. W. R. Wagstaff of the Board of Managers, in opening
the argument on the part of the prosecution, said : ^
Mb. Pbxbident and Senators :
It has fallen to my lot to present the opening argument in this
case; in behalf of the prosecution. The aim of the remarks will
be to present fairly such eYidence aa ascertains and makes clear ih»
truth of the material allegations set forth in the Articles of
Impeachment preferred by the House of RepresentrtiYcs against^
John W. Robinson, Secretary of fitate of the State of Kansas. I
oonfess my inability to present the facts on the part of the prosecu-
tion with that force and clearness that will hereafter be exhibited-
in setting forth the grounds of defense by the opposing counsel,
who rank among the most ready and skillful debaters, not only iU'
the forum, but in the cotmcils of the nation. But, while I confess
the superior ability of the defendant's counsel, — ^their surpassing
eloquence and powers of oratory, I oppose them with facts, — plain,,
simple and convincing ; and present a case with all the elements
necessary to try itself; and, upon the truth of the charges preferred
in the Articles of Impeachment, as shown by the evidence submitted,
willingly abide the result, whether for or against the prosecution.
Senators, I ask in behalf of the Managers, and in behalf of all
the people of Kansas, no unrighteousness ; no regard to the person*
of a man on account of his poverty ; no regard to the person of a
man on account of his wealth or political station ; but I do ask that,
in righteousness, you judge your neighbor.
In view, then, of the important and mutual responsibility resting
on the Representatives of the people of Kansas, in rendering a
270 PBOOBSDIlfOS IN THB
•
proper and rightful judgment upon the official oondnot of one of
iheir honored and dlBtinguished public servants, let ub conrider the
law and the facta which ought to control the mind in arriving at a
just judgment in this case.
The first Article of Impeachment charges, substantially, that
John W. Robinson, Secretary, acting with others as agents for the
State of Kansas, empowered Robert S. Stevens to sell $87,000 of
seven per cent, bonds at any amount over sixty cents on the face of
the bonds, and pay to the State no more than sixty cents ; that
said Robert S. Stevens, with the full knowledge of Secretary Rob-
inson, sold fifty-six thousand dollars of said bonds at eighty-five
cents, and accounted to the State at only sixty cents on the dollar.
The said John W. Robinson betrayed the trust reposed in him by
the State.
The statute authorizing the issuance and sale of the bonds in
question, is an act entitled " An act to authorize the negotiation of
(me hundred and fifty thousand dollars of the bonds of the State of
Kansas, to defray the current expenses of the State,^' found on
pages 102, 103 and 104, of the laws of 1861 ; and an act supple-
mental thereto, approved June 3, 1861, and found on pages 104
and 105 of the same year. That John W. Robinson was, prior to
the 3rd of June, 1861, ever since, and still is, Secretary of the State
of Kansas, is shown by the public reoords, and admitted by the
counsel of the defense. It will be seen that the first act to whiah
zeference has been made, authorizes the issuing of tlie bonds of the
State to the amount named, while in the second section of the
supplemental act, the Governor, Auditor and Secretary, or a
majority of them, are authorized and empowered to sell these bonds
of the State of Kansas. It is provided, however, that no bonds
shall be sold for less than seventy cents on the dollar, and that the
proceeds arising from the sales, shall be paid directly into the
Treasuiy of the State, Some bonds were prepared, but none sold
till after the passage of the supplemental act } and of course the
whole amount of bonds authorued to be issued, would go into the
hands of the agents appointed by the supplemental act for ssle.
The rates fixed by law at which the bonds might be sold by the
afents named, is clear and unmistakable ; and by no known rule of
interpretation adopted in any enlightened judicial tribunal on earth,
can be construed to mean anything besides a limitation of the power
of the agents of the State, to sell said bonds at any sum less than
IICBXAOHMBNT OASIB. 271
Mveniy oents on the dollar. That John W. Bobinoon well knew
the proviaionB of the law to whioh your attention has been called,
18 a &ot too apparent to deaerve a passing notice. George S.
Hillyer, Auditor, and acting agent with the Secretary for the sale
of these bonds, boldly declares in his testimony, that by the consent
and acts of himself and Secretary Robinson, and no others, the
bonds were sold to Robert S. Steyens at sixty cents on the dollar.
Well might a brayer man than Auditor Hillyer, under ordinary
circumstances, shrink from the responsibility of such a statement,
but when he makes that declaration, he knows that his acts are of
record, and that, oyer his own official signature and that of John
W. Robinson, is a certificate in which it is distinctly set forth, that
for all the bonds belonging to the Stste, which the said Robert S.
Stevens may sell, he is to pay into the State Treasury the sum of
mtj cents on each and every dollar. The fact is of record and in
Court, and from the responsibility of that act there is no escape.
John W. Robinson, Secretary of State, is guilty of a willful and
deliberate breach of official duty — a^breach that will not admit of a
doubt, — ^an infraction of the law that precludes the possibility of a
quibble.
That the State of Kansas has lost, and lost largely in this trans-
action, is a fact too well established by the evidence, to be contra-
dicted or disputed. It is also well established by the evidence, that
Robert 8. StevemI, his friends and co-workers, realise, out of this
single bond transaction, in the short space of twelve days, in good
money, the round sum of twenty-two thousand dollars. Senators
will look in vain for some rational ground to justify or extenuate
the conduct of John W. Robinson in this transaction. For nearly
three months prior to the negotiation of these bonds, and till after
the sale was consxunmated by Robert 8, Stevens, the Secretary and
Auditor were present in the City of Washington, and there for the
sole purpose of negotiating the seven per cent, bonds of the State of
Kansas, and with all the facilities at their command necessary to a
ftill and complete knowledge of the facts and circumstances, in
anywise connected with the sale. They did understand ; they were
fully advised of the whole transaction, and were as well informed of
the acts of Robert S. Stevens in the premises, as they were of their
own.
After the sale of the bonds, the Secretary and Auditor return
home, and say to their friends, " We know not what the bonds sold
272 PBOOBIDINOS IN THB
for to the Interior Dep<irtment ; but Robert S. Steyens sold our
private^ bonds, amounting to several thousand dollars, with the
bonds belonging to the State ; the State bonds were sold at sixty
cents on the dollar, but Mr. Stevens very generously accounts to us
for our private bonds at seventy cents on the dollar." The learned
counsel for the defense have, indeed, attempted to palliate the
conduct of the Secretary and Auditor. Mr. Stevens is placed upon
the witness stand, and gravely informs the Senate he never told the
Secretary the price for which he sold the bonds, and the Secretary
never inquired. It was certainly unnecessary for Mr. Stevens to
inform, or for the Secretary to inquire of, an affair transpiring before
his own eyes. Such cobwebs cannot conceal the guilt of the
accused, nor protect against the just penalties of a violated law.
About the time the signatures of the Secretary and Auditor were
attached to that remarkable certificate, by which the bonds of the
State were sold at sixty cents on the dollar, the same signatures,
with the name of the Governor added thereto by Secretary Robinson ^
are solemnly subscribed to a power of attorney, drawn up in due
form of law, and delivered to Robert S. Stevens, authorizing and
empowering him, the said Robert S. Stevens, to negotiate and sell
for, and in the name of the State of Kansas, one hundred and fifty
thousand dollars of the seven per cent, bonds. This power of
attorney — for reasons not explained by the parties who executed it —
was dated back, showing, on its face, October 26th, 1861, when, in
fact, it was executed in Washington City about the first of Decem-
ber, 1861. That the Secretary and Auditor had, in the execution
of these wonderful state papers, in view the sale of the bonds at a
higher rate than sixty cents on the dollar on the face of said
bonds, is apparent from the documentary evidence, taken from the
records in the office of the Interior Department, in the City of
Washington. On the third day of December, 1861, at the City of
Washington, in the District of Columbia, and the real date of the
certificate of sale and power of attorney, Robert S. Stevens, Esq.,
submitted a proposition to Hon. Caleb B. Smith, Secretary of the
Interior, to sell to him, as trustee for certain Indian tribes, the
entire issue of the seven per cent, bonds of the State of Kansas,
amounting to one hundred and fifty thousand dollars, at eighty-five
cents on the dollar. This proposition, after passing the usual
routine of examination — ^best known and understood among the
officials at the capital of our nation — ^was accepted; and, on the 19th
IMPSAOHMENT CASES. 278
day of December, 1861 — onlj twelye days after the proposition was
first submitted — ^the contract, for the sale of the bonds at eighty-five
cents on the dollar, was conolnded between C»leb B. Smith, Secre-
tary of the Interior, and Bobert S. Stevens, who pretended to act
as agent for the State of Kansas. Of the one hundred and fifty '
thousand dollars of the bonds, authorized to be issued by the State,
sixty-two thousand dollars had been used by the Treasurer, Mr.
Dutton, in the redemption of State scrip, at seventy cents on the
dollar, leaving a balance of State bonds to be disposed of, under
this contract, of about eighty-eight thousand dollars.
Senators will pardon me for a statement of the case which may
partially recapitulate facts already noticed. The State of Kansas
places bonds in the hands of the Secretary and Auditor to negotiate,
with special instructions not to sell, in any market, for less than
seventy cents on the dollar; they repair to Washington City to
execute the trust reposed in them by the State ; and, being advised
before their arrival at the city, that the best market for the bonds
would be in the office of the Interior Department ; and, after having
remained in the city for near three months, and until after the sale
had been consummated, they return to Topeka^ prior to the first day of
January, 1862, and prior to the assembling of the State Legislature.
No report is prepared, and none submitted to the Legislature, in
regard to the manner of the execution of the trust. In the course of
time, a resolution of inquiry is passed by the Legislature, inquiring
whether or not the trust had been executed ; if so, when, and in
what manner ? The Legislature are then informed that the bonds
have been sold at sixty cents on the dollar, to Robert S. Stevens,
and that the expenses incurred by the State in and about the
negotiations of the bonds, amounted to about four hundred dollars.
This four hundred dollars is charged as the expenses of the Secretary
and Auditor, at Washington City, in the negotiation of the seven
per cent, bonds, and is drawn from that portion of the sixty per
cent, paid into the Treasury on the sale of said bonds. The Secre-
tary and Auditor purposely conceal the fact that, the same day they
sold the bonds at sixty cents on the dollar, the purchaser sold to
the Interior Department at eighty-five cents on the dollar. The
whole conduct of the Secretary and Auditor, in this bond transac-
tion, goes to establish one of two facts : — that these State officers
were fools or knaves. It is not to be supposed, for a moment, that
they are fools.
18
274 PB00EXDING8 IN THX
The Second Artiolo of Impeaclmient oh&rges that the negoiiatioB
of the seven per cent, bonds of the State of Kanaaa, was carried on
and oonsnmmated secretly in the City of Washington, by the Seom-
tary and Auditor, What evidence do we find to establish the tmtk
of this allegation ? On the 210th page of the statutes of 1861, the
12th section and 4th paragraph, declares that the Secretary of State
shall report annually, at least ten days before each regular session
of the Legislature, to the Governor, any matters pertaining to hk
office. The regular session of the Kansas Legislature assembled at
Topeka, on Tuesday, the 14th day of January, 1862, affording
ample time for the Secretary to prepare, as he was bound by law to
do, any matters pertaining to his office. The matter of the negotia-
tion of one hundred and fifty thousand dollars of the bonds of the
State of Kansas, was one of the most important and responsible
trusts committed to his charge as one of the officers of the State ;
and yet, strange to say, not a single word is said in any of his
reports, for the information of the State, upon that subject. The
most charitable construction that can be placed upon such official
neglect and mbconduct in office is, that, in the opinion of the Secre-
tary and his co-workers in the negotiation of the bonds, that the
time had not yet arrived for the disclosure of their work at Wash-
ington, and that the transaction should still be kept a secret. But,^
however fair the inference may be from the facts stated, that a part
of the concocted plan of the Secretary and Auditor, at the City of
Washington, was to keep their conduct, in this matter, a profound
secret, we are relieved from any doubts in misinterpreting the conduct
of Secretary Bobinson, by his own written declarations in the City
of Washington, and forwarded by mail to his private secretary, D.
H. Weir. We refer to the letters in evidence in this case, and
found at length on pages eight and nine of the printed report of the
special committee, appointed by the House of Representatives to
investigate the accounts of the^ Auditor and Treasurer of the State ;*
the sale of the bonds of the State of Kansas, &c., January 80th,
1862. The first letter is dated Washington, December 8th, 1862,
in which we find the following sentence : " We want nothing said
about bonds at ail — ^not a word.*' It will be recollected the Secre-
tary was writing from Washington City, to his private secretary at
Topeka, and when he used the word thercy he meant that nothing
should be said at the Capital <* about bonds at all — ^not a word ;"
•a— pp. of thij Tolumt, M. U, and U.
IMPS4GHM9NT 0ABS8. 275
:«DLd ibeiiyTtfGfter proaounoiag a self-reprimand for his own inditcie^
.tion fornttntioiimg Senator Pomeroy'0 name in oonneodon with tbie
bonds, wihen, says the Secretary, the Senator has sworn to keep
this name ^entirely away from the name of the bonda. The
• Secretaiy .ases, in the oonchiding part of the letter, the fol*
lowing lapifoage : " Keep entirely mvm about the bonda. Do
mot say .a vword to any person alive, not even to yonr wife; for
we want it as secret as it can be, tiU it %$ fixed*' Two days
after thb ^•aztraordinary caution, John W. Robinson writea agaiB'
from Washington to his private secretary at Topeka, Kansea^
urging upon him more strongly and forcibly the necessity of secrecy,
in regard to* the sale of the bonds, using these words : ^* And, as I
said in myi former letter, keep mum entirely about the bonds. Sajf
. nothing to inobody. So I want you to be very careful, indeed, what
you say, and especially say nothing about bonds in connection with
Waahington or any of the State officers." And still later, on the
18ih day of December, the day before the sale of the State bonda of
Kansas was consununated at eighty-five cents on the dollar, his coa-
> clttdiBg admonition to his firiend, D. H. Weir, in regard to the
bonds is, ^^Keep still." After considering the testimony, to which
\ we have called attention, if John W. Bobinson, Secretary of State,
is not guilty of secretly ent^ing into an agreement for the sale of
the bonda of the State of Kansas, as charged in the secoAd Article
v<ki Impeachment, will Senators explain why John W. Bobinaoft
failed, neglected and reftised, in the discharge of his official duly,
to report to the proper officers of State, his doings in regard to theae
bonds ? aod'Awhy it was that, in writing from Washington City, to
I his clerk in Topeka, who was, at the time, his legal ai^d acwedited
egent, and for whose acts he was offieially responsible, he, time after
itae, •warned; him to keep still — keep entirely mum about the boada
«-*do not say a word to any person alive, hot evea to your wife, for
we want it as 9ecret as it can be till it is fixed t
The Third Article of Impeachment charges, substantially, that the
. seven per cent, bonds were issued, with coupons lattaehed, and dated
July 1st, 1861, and when the bonds were sold to the Interior
IXapartment by Bobert S. Stevens, the alleged agent df the State tf
Kansas, about the first of January, 1862, when the coupons for the
: first semi-annual interest wa3 due, and which had not then accrued
. agunst the State, and the said Stevens, with the full knowledge and
^•*
276 PROOEEDINGB IN THB ^
consent of the said Secretary Robinson, presented said coupons ta •
the Treasurer of State, and receiyed the full amount of semi-annual
interest upon bonds amounting to 3} per cent, upon the sum of '
eigbty-seven thousand two hundred dollars. Caleb B. Smith, Sec-
retary of th^ Interior of the United States, in his deposition and
in answer to the question — " Please state the circumstances in >
relation to the withdrawal from these bonds of the coupons for the *
semi-annual interest due in January, 1862,'' says : — ^^ There was a
'coupon on each of the bonds for six months interest, due January,
1862. The money was paid for the bonds very near the laat of
December, 1861, and as there were a very few days intervening be-
tween the purchase and the time when the coupons were payablci
I agreed that the coupons should be cut off and retained by the -
State.'' Here, then, according to the well known business customs «
of the country, and. according to the laws of the land, the d^yerj ^
of the coupons to Mr. Stevens, while acting as agent for the Audi- -
tor and Secretary, was a delivery to them. And these officers—
trustees for the State of Kansas — ^in the honorable discharge of an .
official duty, should have canceled or destroyed the coupons, thereby *
relieving the State from any liability on account thereof. But, on <
he contrary, the Secretary and Auditor exhibited a wanton reck*
lessness, seldom witnessed even in the most ordinary business ■
transaction, by allowing their agent, Mr. Stevens, to present and
draw from the Treasury of the State, the coupons for the semi-
aniraal interest on $87,200, amounting to 8} j^r cent, on said sum, .
which was drawn in money from the Treasury of the State, by which :
the State was swindled out of the sum of $3,062. The evidence is
brief, direct, and in point. Senators are requested to examine the
testimony in regard to this article carefully, especially that of '
Treasurer Sutton, before a final decision is made up. The evidence .
shows John W. Bobinson guilty of the charges alleged in the third
Article of Impeachment.
The Fourth Article charges that John W. Robinson, while acting
as agent of the State, and without authority of law, appointed
Bobert S. Stevens, to negotiate and sell the bonds of the State of
Kansas, and delivered to him a large amount of said bonds, and took
no security to preserve the State from loss, while he so held, &c. .
It is a well settled principle in law, when one penon b acting in
the capacity of an agent for another, that the agent has no power *
IMPSAOHMSNT 0ABX8. 277
to transfer his authority to any other, without an express grant for
that purpose. John W. Robinson oommitted a breach of official
duty, in appointing Robert S. Stevens to act as agent for the State
of Kansas; an act against law and void. That he took no security
from Mr. Stevens to preserve the State against loss, while he held
and negotiated said bonds, is fully shown by all the proof, without
a single circumstance intervening to raise a doubt as to its truth.
When the Legislature enacted the law authorising the negotiation
of $150,000 of the bonds of the State of Kansas, Stone and Clark
were appointed agents of the State to effect the negotiation of the
bonds, and before entering on the duties of their trust were required
to give bonds in the sum of $300,000 to the State, for the faithful
discharge of the trust. What a contrast between the conduct of
John W. Robinson and the Legislature of the State ! The contrast
shows gross neglect of duty on the part of John W. Robinson—-
.his total disregard of the interest of the State, and of the responsi-
hility of his trust.
The Fifth Article of Lnpeachment charges that the said John W.
Robinson, Secretary of State, George 8. Hillyer, Auditor of State,
conspired with Robert S. Stevens, and did secretly, in the City of
Washington, in the District of Columbia, consummate the sale of
oertain bonds of the State of Kansas, at eighty-five cents on the
dollar, and accounted to the State for only sixty cents on the
4ollar.
Wharton's American Criminal Law, page 786, says : — ^^ A com-
bination is a conspiracy in law, whenever the act to be done has a
necessary tendency to prejudice the public or oppress individuals
by unjustly subjecting them to the power of the confederates, and
living effect to the purposes of the latter, whether of extortion or
mischief." The same distinguished author, on pages 794 and 790,
in treating of the proof necessary to sustain the charge of conspiraoy,
says : — *' The proof of the combination charged must almost always
be extracted from the circumstances connected with the transaotioa
which forms the subject of the accusation. In the history of
criminal administration, the ease is rerely found in which direct aftd
positive evidence of criminal combination exists.''
To hold that nothing short of such proof is sufficient to establish
a conspiracy, would be to give community to one of the most
dangerous crimes which infest society. Hence, in order to discover
278 PBOCVBBINGS IN THE*
<M)ii8piraior8, we are forced to follow ihem through all the deyioos':
Windings in which the natural anxiety of avoiding detection teaches
men so circumstanced to envelop themBelves, and to trace their*
movements from the slight, but often unerring marks of progress,
which the most adroit cunning cannot so effectively obliterate as
to render them unappreciable to the eye of the sagacious investi-
gator. It is from the circumstances attending a criminal, or a series
of criminal acts that we are able to become satisfied that they have
been the resuhe, not merely of individuals, but the products of
concerted and associated action, which, if considered separately,
might seem to proceed exclusively from the immediate agents to
them ; may be so linked together by circumstances, in themselves
slight, as to leave the mind fully satisfied that these apparently
isolated acts, are truly parts of a common whole ; that they have
sprung from a common object, and have in view a common end.
The adequacy of the evidence in a prosecution for a criminal
conspiracy, to prove the existence of such a eonspiracy, like other
questions of the weight of evidence, is a question for the jury.
The offanse of eonspiraoy, in fact, is rendei^d complete by the base
engagement and association of two or more perflons to break the law^
without any a^ being done in pursuance thereof by the ^Kmspira*
tors. The actual hct of conspiring may be inferred, as has been
said, from circumstances, and Um concurring conduct of the defen-
dants need not be proved* Any concurrence of action, on a material
point, seems to be sufficient to enable the jury to presume coneunr*
ence of sentiment ; and one competent witness will -suffice to prove:
the co-operation of any. individual cou^rator.'^
We haTe, in the' onset, under this article of impeachment, read;.
Krom authority that will not be called in question, to show what
isombibation in law constitutes a conspiracy, and the proof, and the
•haracter of the proof necessary to sustain charges preferred against
^KHispirators. The combination of Secretary Robinson, Auditor-
fiillyer and Rofcei^ S. Stevenfei, to efllect the negotiation of the bonds^
••f the State of Kansas, secretly and in violation of law, is sufficiently
shown by the proof referred to in considering the preceding articles
^ impeachment. The confession of a party charged with the
commission of a criminal offense, when made freely and without
restraint, is admissible according to the rules of evidence adopted
in courts of law, and is to be regarded as proof of great weight
and construed strongly against the party making such confession.
IMPEACHMENT CASES. 279
In a letter from John W. Bobinson, Secretary of State, dated at
Washington, December 18, 1861, to D. H. Weir, his clerk at
Topeka,he8aj8 : — ^^ We have altered proposition after proposition, and
met obstacle after obstacle, until I have been discouraged, disgusted^
and thoiy)ughlj mad. The last one is Jim Lane, an enemy of
Stevens' /' &c., thus declaring in terms, what all the proof in the case
goes to establish, that the Secretary, Stevens and others, concurred
in sentiment and co-operated in acts in the negotiation of the bonds.
But the concluding paragraph advances one step farther, and de-
velops the fact that the Secretary knew that Bobert S. Stevens had
sold the bonds of the State of Kansas to the Interior Department
for more than sixty cents on the dollar. Here is the concluding
paragraph of the letter. Mark well the language : " There are one
thousand dollars of your bonds. We shall have them put into sale,
if made at all^ at whatever the State (or we) get for ours, of course ;
hut we sKaU get the seventy cents, as I had hoped, he/ore leaving. We
may possibly put in the whole lot at sixty cents, but it will never
hurt the State a dime, or will ever be heard of, but I shall thank
God. Keep 9tiU!" " But we shall get the seventy cents, as I had
hoped, before leaving I" What locality had the Secretary left 7
Some two or three months before the writing of this letter, the
Secretary and Auditor had lefbTopeka, Kansas, and moved directly to
the City of Washington, and this is a portion of a letter written at
Washington Oity, and sent home by mail to his clerk. And that
letter was written only the day before the eontraot for the sale of
the bonds of the State of Kansas, at eighty-five cents on the dollar,
was concluded between the Secretary of the Interior and Bobert S.
Stevens. In the language of the law before quoted, '* The proof of
the combination charged must almost always be extracted from the
circumstances connected with the transaction which forms the sub*
ject of the accusation.'' In the history of criminal administration,
the case is rarely found, in which direct and positive evidence of
criminal combination exists. To hold that nothing short of such
proof is sufficient to establish a conspiracy, woulc^ be to give com-
munity one of the most dangerous crimes winch infest sooiety.'^
What, then, we ask, are the circumstances connected with the tran-
saction which forms the subject of this accusation f In the month
of July, 1861, Bobert S. Stevens left Kansas, went to Washington
City, and there sold about thirty thousand dollars of the War Bonds,
at ninety-five cents on the dollar, which bonds he had previously
280 PROCEEDINGS IN THE
porohased from Mr. Dutton, State Treasurer, at forty cents on the
dollar, realiiing in this transaction a handsome profit of about eigh-
teen thousand dollars. Mr. Stevens was encouraged with his success
in the sale of the War Bonds, and finding the faith and credit of
the State of Kansas, furnished a good basis for private speculation,
concluded to extend in that line th^, sphere of his actions. About
the first of September, 1861, he met Mr. Dutton, Treasurer of
State, at the City of Bufiido, in the State of New York. Mr.
Dutton then and there delivered to said Stevens $29,000 of the
seven per cent, bonds of the State of Kansas, and took his receipt,
stating that the bonds should be sold at seventy cents on the dollar,
or returned to the State. Whereupon Mr. Stevens returned to the
City of Washington, and submitted a proposition to the Secretary
of the Interior Department of the United States, to sell one hun.
dred thousand dollars of the seven per cent, bonds, but failed of
success. Unwilling to yield his chances of success with Kansas
State bonds and Kansas State officers, he concluded to renew his
efforts, and extend the circle of operations. With this object in
view, he goes from Washington City to Dayton, Ohio. There he
meets one Bobert G. Corwin, an attorney at law, and a brother-in-
law of Caleb B. Smith, Secretary of the Interior of the United
States. An interview takes place immediately concerning the seven
per cent, bonds of the State of Kansas, in which Mr. Stevens in-
forms Mr. Corwin fally as to his plans, prospects, and of the rejec-
tion of his proposition by the Secretary of the Interior. Mr.
Corwin suggests a modification of the original proposition made by
Stevens ; the change is agreed to, and another 'proposition, in ac-
cordance therewith, is prepared to be submitted to the Department
of the Interior, for the sale of one hundred thousand dollars of the
bonds of the Stote of Kansas. The $29,000 of the bonds delivered
by Dutton to Stevens in the City of Buffalo, New York, are now
handed over to Robert G. Corwin, together with the amended pro-
posal to sell, which Mr. Corwin takes with him to the City of
Washington. Two bold financiers are now fairly in harness to
speculate in the faith and credit of the State of Kansas. The one
goes from Dayton, Ohio, to Washington City, the other returns to
Kansas, his adopted State.
Where now is the $29,000 of the bonds, that were to be sold for
seventy cents or returned to the State ? In the hands of Bobert G«
Corwin. Soon after leaving Dayton, Ohio, Robert S. Stevens is in
IMPEACHMENT OASES. 281
the city of Learenworth, and there proposes to buy the bonds of
the State from Messrs. Clark and Stone ; they declined to accept
the proposal for two reasons : First, becanse they had no power to
sell : Second, the price proposed would not justify the State to
accept. Two yery good reasons.
Aboht the 15th of October, 1861, Robert S. Stevens is at Topeka,
the Capital of our State. That day, or the next, John W. Robin-
son, Secretary of State, George S. Hillyer, Auditor of State,
Charles Robinson, Goyernor, and Robert S. Steyens, Esq., are
assembled in council. The particular subject under consideration is,
that proyision of the law which declares the seven per cent, bonds
shall not be sold by the State officers for less than seventy cents
on the dollar. The history of the law is fully reviewed, for the
purpose of forcing a construction in opposition to an express limita-
tion of price for which the bonds were authorized to be sold. Sec-
Tetary Robinson and Auditor Hillyer expressed themselves fully
convinced that, inasmuch as the Legislature had enacted a law
authorizing the issuance of one hundred and fifty thousand dollars
of the bonds of the State of Kansas, payable in fifteen years, draw-
ing interest at seven per cent, per annum, and had authorized Messrs.
Stone and Clark to sell these bonds without fixing any price, and to
report their doings to the Legislature within a given time ; and in
the event of no sale being made by these agents, to return the bonds
io the State ; and moreover, as fifty thousand dollars had been issued
under said act, and placed in the hands of Clark and Stone, who
having fiuled to sell said bonds, returning the same to the Legisla-
ture then in session ; and who had also surrendered their trust j and
aa the supplemental act was passed after the surrender of these bonds
to the State, therefore, a majority of the State officers were fully
authorized under the supplemental act to sell or discount fifty thou-
aand dollars of bonds at any price whatever, limited only by their
discretion. (Governor Robinson declared that such a construction
was novel — left his mind in doubt — and for the present he would
not consent to it, but would hold the subject under advisement, and
left the council. Secretary Robinson and Auditor Hillyer then sold
to Robert S. Stevens fifty thousand dollars of the seven per cent,
bonds, at forty cents on the dollar, and twenty-five thousand at
seventy cents on the dollar, making $75,000 of the seven per cent,
bonds. These two State officers then executed and delivered to
Robert S. Stevens a certificate or statement of the amount of bonds
282 PBO0XXDINO8 IN THB
sold to him, and specifying the price for which they were sold.
Under this arrangement, they delivered to Robert S. Stevens
twenty-one thousand dollars of the seven per cent bonds, which,
with the $29,000 which had been previously delivered to him at
Buffalo, New York, made up the fifty thousand dollars at forty per
cent. At this time, other bonds, in a book, which were incomplete
for the want of the Grovemor's signature, were delivered to R. S*
Stevens. The bonds that were incomplete, together with the twenty-
one thousand dollars, were conveyed by Mr. Stevens to Lawrence^
where he obtained the signature of the Governor to the unsigned
bonds, and returned them by express to the Auditor and Secretarj
at Topeka. The twenty-one thousand dollars he delivered to Dr.
Woodward, with a letter of instructions to Robert G. Corwin, to be
delivered to him at Washington City, and placed with the other
papers of Stevens, and to be paid for by the Secretary of the Interior,
if his proposition was accepted. The bonds, with instructions, were:
delivered as directed to Mr. Corwin, by S. C. Smith, cashier of the
Lawrence Bank. The fifty thousand dollars of the bonds being
accounted for, we leave Robert S. Stevens at the Sao and Fox
Agency, where it became necessary to give personal attention to some
Indian contracts.
Shortly after this transaction, John W. Robinson,. Secretary, and
George S. Hillyer, Auditor, commenced preparing to go to Wash*
ini^n City. Before leaving for Washington, John W. Robinsoa
was anxious to borrow seven per cent, bonds; he wanted $1,000
from S. C. Wilmarth, and got $400, and a day or two before he left,,
said that Senator Pomeroy wanted to invest in Kansas State bonds ;
he got $400 of bonds from Dr. Tefb, of Topeka, and informed hin^
at the time, that Pomeroy could sell the bends ; and when Dr. Teft
consented that Secretary Robinson might take the bonds to Wash*
ington, Robinson informed him that the bonds could be sold to the*
Interior Department, for the Indians, at seventy cents on the dollar;
that he had a letter from Gen. Pomeroy to that effect. As soon as
Robinson had collected all the outstanding seven per cent, bonds he
could on his own private account, and scrip which he bonded, mak-
ing in all about four thousand dollars, he started for Washington
City. In a day or two thereafter, Gkorge S. Hillyer, also left for
the same place. Hillyer arrived at the City of Washington a. day
or two before Robinson. The Secretary and Auditor are now in the
City of Washington for the purpose of negotiating the bonds of the
IMPSAOHMENT OASES. 283r
State of Kansas, and Stevens is still at tbe Sac and Fox Agency.,
fiillyer has in his possession seyen per cent, bonds, his own priyate^
property, amounting to fourteen hundred dollars ; two hundred for
Treasurer Dutton ; for Weir, clerk of Robinson, about f 1,000 ; for
the Bt^te of Kansas, $37,200 ; and Secretary Robinson, on his own
account, about four thousand dollars. A correspondence by mail
and by telegraph was opened and continued between the Secretary
and Auditor at Washington City, and Robert S. Steyens, until the
Utter, on the first of December, 1861, arrived at the City of Wash-
ington. On the third day of December, 1861, as heretofore showur
the bonds were sold to Stevens at sixty cents ; on same day the
proposition was submitted by Stevens to the Interior Department,^
for eighty-five cents on the dollar, and during all the time this \
negotiation was pending in the Interior Department, and until after
its consummation on the 19th day of December, 1861, the Secretary,.
Auditor, Stevens and Corwin were together in the City of Wash-*
ington, and all these, from their own showing, for the purpose of '
effecting the negotiation of the seven per cent, bonds of the State
of Kansas.
From the facts, a combination between the Auditor, Secretary,;,
and others, is clearly shown, to sell the bonds of the Statetof Kansas .
in violation of law ; and the acts by them performed, in; the negoti- -
ation of the bonds, have a tendency to prejudice the public, and to
efibct the purpose of the conspirators,' not only of extortioD but of '
mischief. These are sufficient, according to the rules of evidence
in Wharton's Criminal Law, to convict tho parties here charged o£ '
a conspiracy. In followmg these conspirators through thedevioufr*
windings of this bond transaction, there is seen, in almost every'
movement, an anxiety to avoid detection, and to conceal their con-
duct from the eye of the sagaeious investigator. The Secretary and
Auditor declare there was only one contract for the sale of the bondd
to Robert S. Stevens, and that one waS made in Washington City;
on the 8d day' of December, 1861. Auditor Hillyer declares he^
took thirty-seven thousand two hundred dollars of the bonds with
him to Washington, and there he found the other fifty thousand .
dollars of the bonds in a safe at Washington, bu(^ in whose care he
does not state. When asked how came these bonds at Washington,.,
he is unable to tell — he knows not. The Secretary not informed ;
he, too, is ignorant on this point. Singular, indeed, that these two
men, having the sole custody and charge of these bonds, cannot tell.
2B1 mooKSDiVGs in thk
Kow or in what way the fifty thooBand dollars t£ ib» ftonds k88Mn1I
out of their hands and found their way into a safe in the City oF
Washington. How came B. S. Stevens in the possession oT l^ese
bonds J They were handed to him by Mr. Button, State Treafforer*
This is strange conduct. Mr. Button had no legal authoiii;^' tJ»
handle or dispose of the bonds* The receipt of Stevens to BUttoit
for twenty-one thousand dollars of the bonds, is Atei Ottob«r2S)^
1861. Button says he delivered these bonds tb Stevens VytSift
Hlireotion of the Secretary and Auditor, but th^ have no i«Bolln»-
^on on that point. If it be true that the Secretary and Auditeir
had no knowledge of the transit of these bonds ftom their landli^ tN»
a safe in the City of Washingten, is it not passing strsngfi* tflniy
should execute a power of attorney, authofizing. R. S. Stosrans Urn
•sell all the bonds, at the City of Wasbingtou, on. or abosi; the- fisift
of Becember, 1861, and date it back to the 25tlL of Oetob«9; IMB J
M, S. Steveus, on his part, first ezplaina the* arrangemsAt and the
^iiUinner in which the bonds came inte his hands, and how tiiBj were
taken to Washington, and into whose hands placed ; ani then
gravely informs us that the contract of 2&tk of October^ ][961,lkiled
hecause Governor Bobinson refused to n^ the certilaa^ie of sale
given him over the signatures ef tibe Seeitttasy and Auditot-. After
fifty thousand dollars of the bonds had beea delivered te> bim by a
majority of the State officers a«ihoriied by laiw to sell^ and after he
Ihad placed the bonds in the hands of Bebect G. Oorwift» hia partner
: at Washington City, he tore up the cettificate of sale. Tee, he tore
•it 'up, as he could afford to do, to muk» apartmenia for the eon«
« sciences of the Secretary and Auditer,. so that they eoiiM solemnly
' declare they did not reeoHect, and in fact never bad made, any
^ arrangement for the disposal of the bonds, besides the one at
Washington City. Whether this transaction shows concurrent
< sentiment and concurrent conduot between John W. BobinsoQi.
(}eorge S. Hillyer, B. S. Stevens and others, to sell the bonds ate
^ eighty-five cents on the dollar, and account to ibe State for «|)^
• sixty x)ents on the dollar, is a question we now leave for Senat«ft ta
« decide.
The Sixth Article charges John W. Bohinson with procnring the
-publication of the banking law, in a newspaper called tjhe Wabaun-
«0ee Patriot, when he well knew that no wach newsparier was in fkct
jpublished in the county of Wabaunaeat In the State, nf Kansas.
IMPSACHMEKT 0A8SB. 285
Tk6|nroof 18, that in tbe fall of 1861, the publication of a news-
paper ealled the Wabannsee Patriot was oommenced in the Tribune
effioe at Topeka, in Shawnee connty, Kansaa, by J. F. Cammings,
and continued for eight or ten issues, and then ceased to exist. The
banking law was published in this paper, and about one hundred
copies of each issue sent from the Tribune office by mail, for circu-
lation in the county of Wabaunsee. Soon after the publication of the
banking law had been completed, Mr. Cummings made out his
account — ^amounting to three hundred and forty dollars — against the
State, for publishing the law in the Patriot ; presented it to D. H. Weir,
then clerk and acting Secretary of State, who certified to its correct-
ness, and a warrant was drawn on the Treasury for the amount.
This warrant was assigned in blank to Bobert S. Stevens, and the
money drawn from the Treasury. We have before referred to the
law which makes the Secretary responsible for the acts of his clerk,
and it is now unnecessary to repeat.
The 43d section of the banking law, found on page 100 of the
statutes of 18ol, provides that this act shall be published in one
newspaper in each county in this State, when praoticable, &c. The
language clearly means, in each county where a newspaper is
actually — not constructively — ^published. Were the opposite con-
struction adopted, the law might be published in the New York
Herald, Tribune, or Day Book, and fifty or one hundred copies sent
by mail, to a nominal local editor, in the county of Wabaunsee, in
Kansas, the account audited, and a warrant drawn on. the Treasury
of this State, and that, too, with as much apparent consistency, as
actually to print the law in the Wabaunsee Patriot, published in the
office of the Tribune, in the City of Topeka, Shawnee county,
Kansas, and to claim constructively its publication in the county of
Wabaunsee. Whatever circumstances may be claimed to justify
the publication of the banking law in the Wabaunsee Patriot, it ia
a fact that for each issue of the paper, thirty-four dollars was, dur*
ing its publication, drawn from the State Treasury; that the whole
transaction is a petty peculation, a fraud in law, and derogatory to
the character of the public functionary who would give it oounte-
tance or sanction.
Article Seventh charges that John W. Robinson oountersigned forty
thousand dollars of the War Bonds of the State of Kansas, under
the act of May 7, 1861, when, by law^ he was only authorised to
countersign bonds to the amount of twenty thousand dollars.
.286 PRoonDiNOS in the
The law under which the artiele i& flramed is foand on pages 205
and 206 of the Statutes of 1861. The first section d the law au-
thorizes the Treasurer of this State to borrow the sum of twenty
thousand dollars, or such part of that sum as may be necessary to
repel inyasion, suppress insurrection, &c. The total sum which the
Treasurer is authorised to borrow is twenty thousand dollars, with
the privilege of borrowing any sum less than the amount namad,
thereby clearly limiting the power to borrow any sum larger than
the amount fixed in the law. The second section authorises the
Treasurer to prepare bonds to the full amount of said law, fixing
bounds beyond which the Treasurer shall not go in the preparation
of the bonds — the full amount of said loan, the sum of twenty
thousand dollars, and no more. The said bonds, to the full amount
mentioned, and np more, shall be signed by the Governor and Treas-
urer, countersigned by the Secretary of State, and shall have the
seal of the State of Kansas attached, and registered by the Auditor
of State. Every limitation applicable to the amount of the loan,
and to the amount of the bonds to be prepared by the Treasurer,
applies with foil force to the power of the Governor and Treasurer
to sign, and to the power of the Secretary to countersign the bonds.
They are authorised to execute twenty thousand dollars of the bonds,
and no more, and every bond executed beyond the sum specified is
illegal, and a usurpation of power on the part of the State officials.
That it was not the intention of the Legislature that bonds to any
given amount, under this law, should be prepared and executed, and
placed in the market by the State officers, and then discounted at
any rate, so as to raise twenty thousand dollars, must be apparent
-from the time fixed for their full payment, and the rate of inteiest
which they draw. We read the words of the law : "And shall be
payable in two years from the time said loan ia effected, tmd shall
1i>ear interest from said time, at the rate of ten per cent, per annum;
iBaid interest payable annually at the office of the Treasurer of State.
The faith and credit of the State of Kansas are hereby pledged for
the repayment of said principal and interest, when the same shall
become due and payable. The loan herein authorised shall be made
(upon the bonds specified and provided for in section two of this act."
Gould any man, the most inexperienced and humble, who can read
•nd is possessed of the most ordinary knowledge of the Bnglbh
language, fail to understand the plain meaning and intent of this
statute to be to limit the power of the State officers, in the issuance
IMPXAOHMXNT 0A8B8. 287
of these bonds to the earn of twenty thousand dollars. To suppose
tiiat distinguished and highly intelligent gentlemen, the Gh>yemor,
Secretary and Treasurer, clothed with the business and executiTe
powers of the State of Kansas, should, through ignorance, miscon-
strue thb statute to mean they had power to issue one hundred
thousand dollars of War Bonds, and then sell them at twenty per
cent, upon the face of said bonds, for the purpose of raising twenty
thousand dollars in money, is a reflection on the intelligence of the
poople and of the one hundred representatives who composed the
Legislature which enacted the law, not to be entertained for a single
moment.
The proof is. that the Oovernor and Treasurer signed, and the
Secretary countersigned forty thousand dollars of the War Bonds,
and that Treasurer Dutton sold thirty-one thousand dollars of the
bonds so executed to Bobert S. Stevens, at forty cents on the dollar-^
eleven thousand dollars of the bonds beyond the amount authorised
by law to be issued. The Governor, Treasurer and Secretary, in
executing forty thousand dollars of War Bonds under this law, have
inaugurated a rule of construction unknown in courts of justice }
and had the Secretary withheld his sanction, and refused to coun-
tersign more than twenty thousand dollars of the bonds, the State
would have been saved from a policy which must prove most ruin*
ous and destructive to its finances and to its credit.
Article Eighth charges that John W. Bobinson, acting in oonjuno-
tion with the Auditor and Treasurer, on the 10th day of June, 1861*
awarded to Trask & Lowman, of Lawrence, Kansas, the Legislative
printing for the year 1861, as the lowest bidders, and, after bonds
had been filed as required by law, the said John W. Bobinson con-
sented to the withdrawal of said bid, and the contract was awarded
to the next lowest bidder, whereby the State sufiered great pecun-
iary loss.
It appears, from the testimony, that Trask & Lowman, and Cum-
mings, and Boss had bid for the Legislative printing for the year
1861 ; the bid of the latter was in the name of Cummings. The
bid of Trask ft Lowman was 65 cents per 1,000 ems; the first bid
of Cummings was 55 cents per 1,000 ems. Before any award was
made by the State officers, Oummings withdrew the first bid, and
filed an amended bid at one dollar per 1,000 ems. The printing
288 PROOEKDINaS IN THE
board afterwardB held a meeting, and awarded the contract to Trask
& Lowman, for the Legislative printing. The Secretary, John W.
Sobinson, notified Tragk & Lowman that their bid was accepted, and
to appear and file their bonds. According to notice, Trask & Low-
man executed and deposited their bond, which was examined by the
Auditor, in the presence of D. H. Weir, clerk of Secretary Robin-
son, and by him approyed; but the approval was not indorsed on the
bond. The same day, Mr. Trask asked the Auditor for leave to
withdraw the bid and bond, which was refused. The same evening,
or next morning. Auditor Hillyer called at the office of the Secre-
tary of State, inquired of D. H. Weir for the bond, and the bond
was missing. About the time the bond and bid were missing, Cum-
mingp, Trask, and others, were in the oflice of the Secretary of State,
and Cummings asked Trask to withdraw the bid and bond. The
subject 01 withdrawal was freely discussed. D. H. Weir was pres-
ent during the time of the discussion, and a portion of the time
John W. Robinson, Secretary, was also present. Afler a full dis-
cussion, the bid and bond of Trask & Lowman were withdrawn.
Trask afterwards told Cummings he had the bond in his pocket.
The circumstances connected with this transaction show that John
W. Robinson knew and consented to the withdrawal of this bid and
bond. The bid withdrawn was for the Legislative printing, at 65
cents per 1.000 ems, for the year 1861; and the bid of Cummings, at
one dollar per 1,000 ems, being the next lowest, was accepted, and
the contract let accordingly. It is useless ijo exemplify or illustrate
the circumstances attending this transaction. The affair itself shows
a fraud upon the State, and a guilty knowledge on the part of John
W. Robinson of that fraud.
The order of the Articles of Impeachment, as prefen^d by the
House of Representatives against John W. Robinson, Secretary of
State of the State of Kansas, has been followed, in the remarks
submitted, without regard to the logical arrangement of the argu-
ment. The object in view, during all the time, has been to state
facts as they occurred, with coincident circumstances, showing
the connection of the facts with the matters under consideration.
At a time when American citizens are called, by the constituted
authorities of this nation, from their homes, and are in the tented
fields all over the land for the purpose of suppressing a monstrous
IMPXAOHMKNT 0A8B8. 289
rebellion, and on account of which eyerj department of our govern-
ment is Btmggling under a great iGlnancial presure^ the first Legisla-
ture of the infant State of Kansas is in session at her Capitol; and,
for the purpose of assuming the proper financial character among the
sister States of the Union, the Legislature enacts a law, authorizing
the issuance of one hundred and fifty thousand dollars of bonds, to
defray the current expenses of the State^ and constitutes John W.
Robinson, with two others, agents to negotiate the bonds, under
certain limitations^ specified in the act.
There never will be a time, in the history of this State, when a
loyal people will \o(jk with more confidence and profound respect to
the ability and integrity of public functionaries to discharge^ faith-
fully, any tru»t committed to their charge, than did the people of
Kansas look to the board of State officers to negotiate these bonds.
But who can describe their disappointment, their regret, their just
indignation, when they find that confidence betrayed by those in
whom they had confided, the dignity and credit of the State pros-
tituted, to selfish purposes, in a little, dirty traffic for lucre and
emolument !
Senators will bear in mind that there is a real distinction between
extortion and knavery, on the part of a public officer, and a State
necessity, even in times of great peril. That distinction has been
graphically drawn in one of the speeches of Mr. Sheridan : " That
imperial tyrant, State necessity^ is yet a generous despot; — bold is
his demeanor, rapid his decbions, and terrible his grasp. But what
he does, he dare avow; and avowing, scorns any other justification
than the great motives that placed the iron scepter in his hand.
But a pilfering, prevaricating State necessity, that tries to skulk
behind the skirts of justice — a State necessity that tries to steal a
pitiful justification from whispered accusations and fabricated ru-
mors — no, that is no State necessity : tear oflf the mask, and you see
coarse, vulgar avarice; you see peculation under the gaudy disguise,
and adding the guilt of libelling the public honor to its own private
frauds."
History is said to be philosophy teaching by example. A recur-
rence to the fact that the ancient Empire of the Moguls was trans-
ferred into the hands of a company of London merchants, may serve
to point out the danger to our State by allowing executive officers
to assume and exercise powers not granted to them by law. Consent
to a usurpation of power, on the part of rulers, and there remains no
19
290 PaOOESBINGS IN THE
security for the liberty of the people. The Moguls are described as
the descendants of a throne, once the loftiest in the world — a virtu-
ous, industrious and happy people. Yet it is recorded, in the
history of the rise and progress of British power in India, that, on
account of the gradual assumption of powers by Warren Hastings,
governor general, these people were^ in time, reduced to stipulate
with the servants of traders for subsbtence; and the dethronement
of princes converted into a commercial transaction, and a ledger
account kept of the profits of the revolution.
While we claim, in behalf of the people of Kansas, all the virtue
and intelligence possessed by any like number now on the stage of
action, yet if they permit their public servants to exercise powers
beyond those granted by the State, to discount bonds to fill their
own pockets, and, for all practicable purposes, to mortgage the
property of the people for the payment of the interest and the
redemption of the bonds, it will not be long until a ledger account
of the profits of the Kansas State bonds will be kept with the Wall
street brokers, in the city of New York; and, if the people of Kan-
sas are not made to stipulate with the servants of these brokers, we
have failed to profit by the example of history.
AFTERNOON SESSION.
Two o'clock, p. M.
Senate met pursuant to adjournment.
President in the chair.
Roll called. Quorum present.
Absentees — ^Messrs. Essick, Hoffman, HoUiday, Lynde, Morrow,
Rees, Spriggs and Stevens.
Hon. Wilson Shannon proceeded with his argument on the part
of the defense.
[Copy not furnished. — ^Pbintxb.]
On motion, Senate adjourned.
IMPSAOHMXNT OA8S8. 291
NINTH DAT.
Senate Ohambxb, \
Wednseday, June 11, 1862, 9 o'clock, A. M. j
Tbe Senate of the State of Kansas, gitting aa a High^Ooort of
Impeaohment, met pursuant to adjournment.
President in the chair.
Boll called. Quorum present.
Absentees — Messrs. Denman, Essick, Hoffman, Lappin, Lynde
and Stevens.
Journal of yesterday read and approved.
Present — Hon. S. A. Stinson and the Board of Managers, on the
part of the House of Representatives.
Hon. F, P. Stanton, respondent's attorney.
[ARGUMENT OF HON. F. P. STANTON.]
Hon. F. P. Stanton, in oommencing hie argument on part of the
defense, said :
M&. Pbbsident and Senatobb:
In approaching the argument of this case, I am fortunate iik
having been preceded by the eminent gentleman who has just
addressed you, on behalf of the officers accused } the great burdea
of argument and explanation has been taken from my shoulders.
In other respects, however, I am not so fortunate; for the argument
pf Gov. Shannon has been so dear and lucid, so satisfactory and
exhaustive, that little is left for me to say. Were not the question
so oomplicated in its bearings as to admit of some additional illus*
trations, I would gladly rest the case upon the argument already
presented for the defense. I will endeavor to avoid the ground
already occupied by my colleague, although I am aware how difficult
it will be to keep out of the luminous track which he has pursued.
Before entering ujpon my argument of the main question, I beg*
that you will permit me to say a word upon a point which was
argued at the outset, and has been passed upon by the Senate: — ^I
mean the question of the legality and constitutionality of your
session at the present time. I would not now offer a word on that
subject, if I had not been represented as tkreatening the members of
this body with a deprivation of their pay.
292 PRoosEBiNas in the
I based my argument of that qacstion upon two positiye provis-
ioDfl of the Constitution : First, Upon that clause which prohibits
either House from adjourning, for more than two days, without the
consent of the other. Second, The section which proyides for pay
of members and which confines the compensation to sessions of the
Legislature. From these provisions, I draw the conclusion that
separate sessions of either House were not only not contemplated
by the Constitution, but were in direct conflict with its letter and
spirit. I think the argument was legitimate and fair. When I
suggested that any member might test the question, by applying for
a mandamus to compel the proper officer to audit and settle his
account for per diem and mileage, I did not mean to say that mem-
bers would be compelled to take that course ; for I supposed the
Auditor would be protected, as a mere ministerial officer, in settling the
accounts for which an appropriotion was made by the last L2gi6lature.
But I thought it possible some member might think the question of
sufficient interest and importance, to be settled by the Supreme
Court of the State, upon his own application. While I am still
confident of the soundness of my argument, and of the utter incom-
petency of this body, sitting at the present time, I disclaim any
intentional disrespect to the Senators, either individually or col-
lectively.
It may not be improper for me, before quitting this subject, to
call your attention to the fact, which I learn from the Secretary,
that the proceedings of the Court, held during the session of the
Legislature, were never read to the body nor examined by the Presi-
dent, nor have they ever been signed by any officer or other person
whatever. I have already shown that they were not incorporated
in the journal of the Senate. There is, therefore, no record of those
proceedings, and especially of the assumed adjournment over to the
first Monday in June. The rough notes, kept by the Secretary, are
in his possession; but they have never been transcribed or in any
way authenticated. I take it for granted that this record cannot
now be made good; for records do not thus rest in the memory of
individuals; and to allow the defect now to be remedied, would
introduce a principal in every way too dangerous to be tolerated in
transactions of such magnitude.
But you have decided the question, holding yourselves to be con-
stitutionally organised as a Court of Impeachments; and we, after
due deliberation, acting for the best interests of our olienta, have
IMPSACHMENT CASSS. 298
held it to be oar duty to enter into the investigation, and to make
the same defense which we would if we believed this body to be
regularly and constitutionally empowered to act in the premises.
Having thus, Mr. President and Senators, assumed the functions
of a High Court of Impeachments, you will permit me to inquire,
briefly, as to the character and the solemn duties of such a tribunal.
No higher or more important functions have ever been devolved
upon any body of men. Yqu sit as judges between the State and
its highest officers — the great body of the people on the one hand)
and a single individual on the other. If, on the one side^ you have
it in charge to protect the interests of the whole community, and to
maintain the purity of the public administration, on the other you
have power, not, indeed, over the lives of individuals, but over what
is dearer than life — honor and reputation. Tou assume to pronounce
the civil and political destiny of the defendants. Tou wield a power
which may ruin character, destroy fortunes, cut off all the hopes and
prospects of life, and crush the hearts of others than those against
whom your judgment may be launched. With such tremendous
issues placed in your hands, you cannot fail to approach the decision
of this case with the most solemn sense of responsibility, and with
entire freedom from all those popular prejudices and passions, which
might, unduly, bias or control your conclusions. On this subject,
I will ask your permission to read a few passages from Judge Story's
work on the Constitution. His words are so much more succinct
and pertinent than any words of mine could be — so much more
weighty and well considered — that I am sure you will take them to
heart in your decision of this case, and, with perfect impartiality,
freedom from party spirit, popular prejudice and passion, and with
utter blindness to any consideration, except those of truth and jus-
tice, you will pronounce a judgment worthy of yourselves and of the
high judicial position in which you are placed.
Mr. Stanton read from pages 216^ 217 and 248, 2nd volume, and
sections 748, 744 and 777, as follows :
'*The great objects to be attained in the selection of a tribunal
for the trial of impeachments, are impartiality, integrity, intelligence
and independence. If either of these is wanting, the trial must be
radically imperfect. To secure impartiality) the body must be, in
some degree, removed from popular power and passions, from the
influence of sectional prejudice, and from the more dangerous influ-
ence of mere party spirit. To secure integrity, there must be a lofty
294 PBOOKIDINGB IN THX
sense of duty and a deep responsibility to future times, as well as to
God. To secure intelligence, there must be age, experience and
bigb intellectual powers, as well as attainments. To secure inde-
pendence, there must be numbers as well as talents, and a confidence
resulting at once ^m pennanency of place, and dignity of station,
and enlightened patriotism. 3ic sk :|c «
'^ The subject is itself full of intrinsic difficulty in a government
purely elective. The jurisdiction is to be exercised over offenses
which are committed by public men in violation of their public
trust and duties. Those duties are, in many cases, political ; and,
indeed, in other cases^ to which the power of impeachment will
probably be applied, they will respect functionaries of a high
character, where the remedy would otherwise be wholly inadequate,
and the greivance be incapable of redress. Strictly speaking, then,
the power partakes of a political character ; and, on this account, it
requires to be guarded in its exercise against the spirit of faction,
the intolerance of party^ and the sudden movements of popular
feeling. The prosecution will seldom fail to agitate the passions of
the whole community, and to divide it into parties, more or leas
friendly or hostile to the accused. The press, with its unsparing
vigilance, will arrange itaelf on either side, to control and influence
public opinion ; and there will always be some danger, that the
decision will be regulated more by the comparative strength of the
parties, than by the real proofs of innocence or guilt. * * *
'^ But it may well be conjectured, that the real grounds were^ to
secure an impartial trial; and to guard public men from being
sacrificed to the immediate impulses of popular resentment or party
predominence. *****
If a mere majority were sufficient to convict, there would be dangei^
in times of high popular commotion or party spirit, that the influ-
ence of the House of Representatives would be found irresistible."
When I remember the whirlwind of passion which swept through
the House of Representatives at the last session, when these
impeachments were inaugurated, I tremble for the interests of my
clients, and for the demands of justice. We are not yet so far
removed from those exciting events, that we can hope to be entirely
calm and self-possessed ; but I appeal to your conscience as judges,
against your prejudices as public men and politicians.
A court of impeachment ought to be in a great measure, unem-
barrassed by the strict techanical rules which prevail in ordinary
courts of justice.
IMPEACHMENT OASES. 295
From Story, 2Dd vol. pages 228 and 235, sections 756 and 763,
I read the following, having reference to this important point :
^' The necessity of a numerous court for the trial of impeach-
ments, is equally dictated by the nature of the proceedings. This
can never be tied down to such strict rules, either in the delineation
of the offense by the prosecutors, or in the construction of it by the
judges, as in common cases serve to limit the discretion of courts in
favor of personal security. There will be no jury to stand between
the judges, who are to pronounce the sentence of the laW; and the
party, who is to receive or suffer it. The awful discretion which a
court of impeachments must necessarily have^ to doom to honor or
infamy the most confidential, and the most distinguished characters
of the community, forbids the commitment of the trust to a small
number of persons. ♦ * * * *
''In the next plaoc; it is obvious, that tffi strictness of the forms
of proceedings in cases of offenses at common law, are ill adapted to
impeachments. The very habits growing out of judicial employ-
ments ; the rigid manner in which the discretion of judges is
limited, and fenced in on all sides, in order to protect persons
accused of crimes by rules and precedents ; and the adherence to
technical principles, which, perhaps, distinguishes this branch of
the law, more than any other, are all ill adapted to the trial of
political offenses in the broad course of impeachments. And it has
been observed with great propriety, that a tribunal of a liberal and
comprehensive character, confined as little as possible to strict forms,
enabled to continue its session as long as the nature of the law may
require, qualified to view the charge in all its bearings and depen-
dencies, and to appropriate on sound principles of public policy,
the defense of the accused, seems indispensable to the value of the
trial. The history of impeachments, both in England and America,
justifies the remark. There is little technical in the mode of pro-
ceeding ; the charges are sufficiently clear, and yet in a general
form ; there are few exceptions, which arise in the application of
the evidence, which grows out of mere technical rules and
quibbles." ******
Now, Mr. President, I do not mean to insist that any 'principle of
substantial right shall be disregarded, either in the admission of
testimony or in the application of law. But you are clothed with a
more enlarged and liberal authority, to be guided rather by the rules
of common sense and impartial justice, than by the accurate forms
296 PROCEEDINGB IN THE
and rigid principles which always apply in the ordinary adminis-
tration of criminal law. It is your privilege to judge of motives
and purposes-to interpret them liberally and fairly, and to con-
sider all the circumstances which attend a particular action, calcu-
lated either to aggravate or mitigate its criminality Those W
and liberal principles are applicable alike in favor of the defense,
as in aid of the prosecution.
But, Mr. President and Senators, it must not be supposed that a
court of impeachment under our constitution, has any arbitranr
power of iuelf, to declare that to be a crime or misdemeanor, whioH
is not such at the common law. On the contrary, this court has no
more authority, in that respect, than any other court. It can only
administer the law and punish offenses ; it can neither enact the one,
nor define and establish the other. It is true, no positive statute is
necessary in order to deilie impeachable offenses ; they are already
defined in that admirable and all-comprehending system of the
common law which we derived from the mother country, and adopted
in full, when we incorporated the peculiar proceeding by impeach-
ment in our constitution. On this subject let us see 2nd Story,
pages 264-5, and 267, sections 795-6-7.
" Resort, then, must be had either to parUamenUry practice, and
the common law, in order to ascertwn what are high crimes and mis-
demeanors; or the whole subject must be left to the arbitrary
discretion of the Senate for the time being. The latter is so incom-
patible with the genius of our institutions, that no lawyer or states-
man would be inclined to countenance so absolute a despotism of
opinion and practice, which might make that a crime at one time, or
in one person, which would be deemed innocent at another time, or
in another person. The only safe guide in such cases must be the
common law, which is the guardian at once of private righto and
public liberties. * * *
" The doctrine, indeed, would be truly alarming, that the ooinmon
law did not regulate, interpret and control the powers and duties of
the court of impeachment. What, otherwise, would become of the
rules of evidence, the legal notions of crimes, and the application of
principles of public or municipal jurisprudence to the charges
against the accused j * *
The same rules of evidence, the same legal notions of crimes and
punishmente prevail. For impeachments are not framed to alter the
law, but to carry it into more effectual execution, where it might be
IMPIAOHMXNT 0A8X8. 297
obstructed by the influence of too powerfal delinqnente, or not
easily discerned in the ordinary course of jurisdiction, by reason of
the peculiar quality of the alleged crimes. * *
'^ Congress have unhesitatingly adopted the conclusion, that no
previous statute is necessary to authorize an impeachment for any
official misconduct ; and the rules of proceeding, and the rules of
evidenoe, as well as the principles of decision, hare been uniformly
regulated by the known doctrines of the common law and parlia-
mentary usage. In the few oases of impeachments which have
hitherto been tried, no one of the charges has rested upon any
statutable misdemeanors. It seems, then, to be the settled doctrine
of the high court of impeachment, that though the common law
cannot be a foundation of a jurisdiction not given by the constitu-
tion or laws, that jurisdiction when given^ attaches^ and is to be
exercised according to the rules of the common law ; and that,
what are, and what are not high crimes. and misdemeanors, is to be
ascertained by a recurrence to that great basis of Americaa
jurisprudence.''
If, then, the principles of the common law prevail in caaes of
impeachment, we must look there to find what constitutes crime or
misdemeanor. And now I assert, that according to the common law
there can be no crime of any kind, or of any degree, without a.
criminal intent. This is a universal principle — it is the very sub-
stratum which underlies the whole system of criminal jurisprudence^
according to the common law. It is to be found in every elementary
book, and is reiterated in every form, in all the coar where
criminal proceedings are reported. '* A breach of officiaU jc^one
corruptly" is an offense according to the common law. The
criminal intent, aa well as injury to the country, is indispensable to»
constitute the crime.
Not only is it necessary that there should be the criminal intent,,
it is indispensable, also, that the intent be proved. I am well aware
that in many cases, and especially in cases where a positive law is
violated, the criminal intent will be presumed. But the effect of
this legal presumption is merely to throw the burden of proof upon
the accused. He may still show by positive testimony, if he can,
that the criminal intent was wanting, and thereby relieve himself
from the criminal charge.
• WhniM, 74» mi Wbtttm 79{ U (km^Mi, 15.
298 PROCSEDIKGS IN THE
Mr. Stanton here read several passages from tlie arguments in the
Senate of the United States, upon the occasion ot the impeachment
of Judge Chase, and also that of Judge Peck. The reasonings of
the Senate, I cannot quote, because their debates, if they had any,
were in secret session. But the points upon which the deciBion in
both cases turned, are to be asc0Ttained from the reported arguments
for the prosecution and for the defense. From the passages read, he
showed in both the cases referred to, the motiyes and feelings which
prompted the action of the accused in the matters complained of in
the articles of impeachment, were the chief, if not the only grounds
of contest. No one seems to have entertained the idea that either
one of the impeached officers, could be guilty of any crime or mis-
demeanor, unless a bad or criminal motive could be established.
But, I insist that the principle stated, although now here denied
in argument, is virtually admitted by the very form of the articles
of impeachment themselves. In all of them, except the 4th and
7th, there is contained a charge either of guilty knowledge or of
fraudulent intent. As to the 4th and 7th articles, they are utterly
defective for the very reason that they do not charge any criminal
intent,' nor indeed anything, which by any fair construction, can be
made to constitute a crime or misdemeanor.
Mr. Stanton read the effective clauses in each one of the several
articles of impeachment above mentioned, contending that these
direct and pointed charges w^re inserted in the respective articles,
because tliey were necessary in order to constitute the offense, and
were therefore necessary to be proved. This is no mere technical
requirement ; it is matter of substance, essential to the proper ends
of justice.
The first article of impeachment contains these averments :
^* That under said agreement, and with the full knowledge and con-
sent of said Robinson, said Stevens proceeded to sell and deliver a
large amount of said bonds, to wit : The amount of fifty-six thou-
sand dollars of said bonds at the rate of eighty-five per centum on
said amount of fifty-six thousand dollars, all of which was well
known to said Eobinson ; that the said State was by said agreement
defrauded out of its just rights, in that said State was entitled to
receive the full amount for which said bonds were sold, while in
truth, and in fact, with the full knowledge and consent of said
Robinson, said bonds were sold for eighty-five per centum upon the
dollar of the amount of said bonds."
Now, Mr. President, the gravamen of this charge is that the
IMPSAOHMENT CA818. 299
defendant had '' full knowledge" of the particulars of Mr. Stevens'
negotiation^ and; with that full knowledge, consented thereto. But
nothing is further from the truth ; for if there is any one thing
fully established by the testimony in this case, it is the fact that
John W. Bobinson was deceived and misled; or, at least, kept in
entire ignorance of the true character of the negotiation between
Mr. Stevens and the Secretary of the Interior. I think the course
indicated by the Attorney General is a virtual admission of this
fact ; for he informs me in advance, that he will read authorities to
establish the principle that a violation of law necessarily implies a
criminal intent. This would be wholly unnecessary, if either crimi-
nal knowledge or bad motive had been made to appear. But, in
truth, such knowledge or such motive is not only not proved by the
testimony ; it is, on the contrary, actually negatived by it. I shall
proceed now to consider the testimony as it bears upon this point.
But before entering upon that subject, I will call your attention for
a single moment, to the condition of the State and the low ebb of
its credit, at the time of the transaction in question.
Mr. Stanton read several letters addressed to the Governor, com-
plaining of the impossibility of obtaining supplies for the volunteers
on the credit of the State, and urging the necessity for instant
action in procuring funds or establishing an available credit. He
also referred to the correspondence of the Governor with Duncan,
Sherman & Co. of New York, and others, referring to the fact that
the bonds of the State were without value in the market, and could
not be disposed of at all. Within our borders. State scrip waa
selling at from forty to fifty cents on the dollar, and this, converted
into bonds at seventy, brought the latter down to the low rate of
from twenty-eight to thirty-five.
It was when the public credit had fallen to this deplorable con-
dition, that the defendant was called upon to negotiate the bonds of
the State, for the purpose of raising means to carry on the ordinary
operations of the government. The Legislature was soon to meet,
and there was no provision for the accommodation of the two
houses, for stationery, or for the compensation of members. If
State scrip was to be used, every thing would cost at least three
times its cash value.
At this juncture, Mr. Stevens made a proposition for the pur*
chase of the bonds. The Secretary of State and the Auditor, in
their anxiety to effect a sale, endeavored to evade the limit imposed
800 PB0CEEDIN08 IN THE
upon tbem by the law authoruing them to negotiate tbe bonds.
Tbey adopted tbe view that tbe amount of $50,000 could be sold
witbout limit, according to tbe provisions of tbe first law, wbile tbe
remainder was limited to seventy by tbe explicit terms of tbe sup*
plemental law. Tbey tberefore agreed to sell $50,000 at forty, and
about $25,000 at seventy, making an average of fifty. But tbe
Qovernor, taking a different view of tbe law, refused to sanction
tbis arrangement, and tbe negotiation was, for tbe time being,
abandoned.
I am very free to acknowledge tbat, in my judgment, tbe con-
struction placed upon tbe law by tbe Secretary and Auditor, was
erroneous ; but tbere is notbing to sbow tbat it was disbonest, or
tbat tbey were actuated by any otber motive tban an earnest desire
to replenisb tbe treasury of tbe State. It is not at all strange or
suspicious, tbat tbey sbould endeavor so to construe tbe law, as to
enable tbem to sell at a rate considerably above tbe market value of
tbe bonds. Tbey could not tben bave known anything of tbe terms
upon which Mr. Stevens subsequently sold to tbe Indian Bureau,
nor indeed, of tbe fact tbat be bad any prospect of selling tbem in
tbat quarter.
It was at tbis juncture tbat tbe defendant, John W. Robinson,
received letters irom Senator S. C. Pomeroy, advising him to send
on such bonds of tbe State as belonged to him individually, and
informing him tbat there was a prospect of selling tbem upon
advantageous terms. Tbis circumstance sufficiently explains tbe
fact which has been rather severely commented upon, that the bonds
belonging to tbe State, or some of them, were sent on to Washing-
ton in advance of tbe defendants going. The Secretary and
Auditor doubtless bad some obscure idea, derived partly from Mr.
Stevens and partly from Gen. Pomeroy, that tbe bonds could be
sold at Washington. With tbat impression tbey went.
On their arrival at Washington, tbey made application to tbe
proper source for information — ^to tbe Senators and Representative
of Kansas. General Pomeroy advised these gentlemen to wait for
tbe arrival of Mr. Stevens — be bad been successful in selling tbe
Kansas war bonds to tbe Government, and be was tbe proper person
to conduct tbe pending negotiation. Accordingly, we find tbat tbe
Auditor and Secretary immediately commence telegraphing Mr.
Stevens to come on. Tbe latter, however, took bis own time, con-
fident; I suppose, tbat he held tbe negotiation in bis own hands.
He bad previously made a proposition for tbe sale of these very
IMPIAOHMSNT OASES. 301
bonds to the Secretary of the Interior, relying upon his ability to
get control of them by the very fact that he had occupied^ and, so
to speak, forestalled the only market in the country, where they
could be sold at anything like a fair rate.
It is not my business, nor is it important to the defense in this
case, to discuss the conduct of Mr. Stevens. He is a Senator now
sitting on this floor ; and I may say without impropriety, that the
Senate itself has not looked upon his proceedings as dishonest or
dishonorable ; otherwise, they would hardly permit him to occupy
a seat, with a right to vote upon this trial. At the last session^
after the development of this whole case, an effort was made to
remove him, but it proved to be ineffiectual.
One thing is certain, Mr. Stevens was the first to initiate the
negotiation with the Secretary of the Interior. His genius con-
ceived the enterprise, and his skill conducted it to a successful
conclusion. The whole scheme was of his own invention, and he
is undoubtedly entitled to the legitimate fruits of his exertions. If
he had invented some mechanical contrivance for saving labor and
effecting great results, he would have been entitled to a patent right,
and might have derived immense profits from the community, aod
no one would question his integrity or honor. In this case, how-
ever, his projective faculties have taken a different direction. He
takes advantage of the necessities of the State, and uses his infor-
mation and his peculiar opportunities for his own individual
advantage. Whatever else may be said, one thing is certain : Mr.
Stevens did not profess to be acting for the benefit of the publip.
His own interests were paramount. He does not olaiin the
character of a public spirited, disinterested patriot, who holds the
interests of the State superior to all personal considerations, and all
private gains. He has chosen his paxt ; and doubtless he has doae
80 with a perfect willingness to accept the oonsequenoes, both
personal and political.
No one can tell, for no one has asked the question, what sacrifices
Mr. Stevens was compelled to make in order to accomplish this
negotiation. We know, at least, that he employed Mr. Oorwin, on
account of the supposed influence of that gentleman with Ihe
, department. We also know the means used to get the influence aad
support of Gen. J. H. Lane. It does not appear how many other
nmilar transactions were concluded in the process of the negdila-
tion ', but it is evident that this was one of those jobs, not unusual
802 PB00SSDINQ8 IN THS
at WaahingtoD, which a^ to be aoeomplbhed only by meamr of the
most powerful influences, put in operation by the laviah and un-
BorupulouB use of money. I doubt yery much whether the result
could eyer hare been accomplished without the application of such
means. I do not mean to say that the President and Secretary of
the Interior would not haye preferred that the benefit of the nego-
tiation should have enured entirely to the State. Doubtless, if the
case had been fairly presented to them, they would have insisted
upon this result. But the misfortune is, they could never under-
stand — ^they were not permitted to understand all that was going
on among the outside parties to this negotiation. The whole game
was to weave such a web of plausible influences atound the depart-
ment, as to prevent the slightest suspicion of any wrong in any
quarter.
Now it is perfectly plain that the defendant and his colleague
were made the innocent dupes of this deep laid scheme. It was
easy to conceal from them the terms of the negotiation. Neither
Pomeroy, Lane nor Conway, knew these terms, although each one
of them gave his influence to help the matter along. The Seore-
taiy of the Interior and Mr. Corwin both say the terms were not
definitely fixed until about the close of the transaction.
Mr. Stevens testifies that he did not communicate the particulars
to the defendants. It was obviously his policy and his interest to
keep the particulars as much as possible to himself. He had pro-
posed to sell to the government the whole issue of bonds by the
State, amounting to one hundred and fifty thousand dollars. About
ffizty thousand dollars of this issue were outstanding. His purpose
was to buy up these outstanding bonds, and this purpose would have
been defeated if the particulars of the negotiation had been made
public. There is testimony to the effect that the defendant was
informed of offers having been made to the Oommissioner of Indian
Affidra of a large amount of these bonds at a low price. Publicity
of the negotiations would have brought in more offers of the same
kind, and it is apparent how seriously they would have interfered
with the successful termination of the sale.
Herein is to be found the complete explanation of the expressions
used by the defendant in his letters to his olerk, Mr, Weir, whieh
have been proved in this trial. Those letters themselves, taken in
eonnection with the other testimony, fully explain the consideratioBB
which induced the defendant to insist that no information should be
IMPEAOHMXNT 0A8X8. 303^
made public about the sale of the bonds. The whole spirit and
tenor of these letters show the honest intentions of the defendant^
and his earnest desire to relieve the State from her pecuniary
embarrassments. There b not a single expression which indicates
any corrupt personal interest in the negotiations. Remember, these
letters were written in perfect confidence to an intimate acquaintance
and an official associate. Had there been anything wrong, it would
most probably have appeared here in the most unmistakeable terms.
Mr. Stanton read extracts from the letters^ and commented upoa
them in the spirit of the foregoing remarks, insisting, that, far from
indicating corruption on the part of the defendant, they gave
evidence of integrity, good faith, and earnest solibitude for the weK
fare of t^e State.
All the occurrences which attended the progress of the negotia-
tion, seemed to co-operate in keeping up the delusion under which ^
the State officers were acting. At one time the President refuses -•
to approve the purchase of the bonds. At another, Gen. Lane
makes fierce opposition. The President consented to the arrange^
ment only upon condition that no members of his Cabinet, and no
influence from Kansas should oppose it. *
Now, Mr. President and Senators, I have no hesitation in saying^^
(and the experience of every man who knows the true state of things;
in Washington will bear me out in the statement,) that Mr. Stevens
could have prevented this negotiation, if the defendants had not
contented to his terms. It was his proposition then pending before
the department. He had the option to withdraw it, and, by indirect
influences, to oppose and defeat the ultimate sale. A very slight
obstacle would have accomplished this defeat. I say nothing of the>
propriety and fairness of such action on his part ; I only say that
he had so managed the whole affair that he had the issue in hig
own hands.
When Mr. Stevens demanded that the Secretary and Auditor
should allow him all over sixty cents which he might obtain for the
bonds, and they indignantly refused the proposition, taking back
4he bonds and canceling the receipt, there is no reason for suppoe»
ing that there was any sham or pretense in the incident. Mr.
Stevens felt and knew his power. He had the parties completely
under his oontrol, and he felt perfectly safe in pushing the matter
to this extremity. The Secretary and Auditor must either go home
without money, or they must come to his terms. In this extremity^
ihe advice of Gkneral Pomeroy was taken, and he advised that
-304 PBOOUDINGS IN THX
they flbonld take sixty cents, if they could get no more. This
he admits in his own testimony^ ayerring at the same time that he
did not know the terms of Mr. Stevens' sale to the department, nor
the limitation of the law, prohibiting a sale at less than seyenty
cents.
Such, Mr. President and Senators, are the facts is this case. I
presume no man in this body believes that either the Secretary or
Auditor acted corruptly in this matter. I have heard no such inti-
mation. All the testimony concurs in disproving it. The character
of the parties, their manner and bearing, their explanations all
concur in producing the conviction that if thoy have done wrong
at all, that wrong was done ignorantly and innocently. The case is
like that of one who acts honestly upon wrong advice, gi^n by an
attorney. Gen. Pomeroy was in a situation to know all the exigen-
cies of the case. He was in the most friendly relations with the
government, and he advised the parties to accept the terms proposed
|>y Mr. Stevens. Unless you can deliberately come to the conclu-
sion that these officers made the advice of Oen. Pomeroy a mere
piytext, you must acquit them.
But let us look at the transaction a little more narrowly. Wit-
nesses speak of a sale of the bonds to Mr. Stevens at sixty cents on
the dollar. This was not the legal effect of the transaction. Messrs.
Robinson and HiUyer constituted Mr. Stevens their agent for the
Bale of the bonds. In their letter of attorney, they recited the law
•under which they acted, and agreed to give him as compensation for
this services, all that ho might obtain beyond six^ cents. The law
Was 1)iBding upon him as well as upon them, and he had full notice
of its previsions.
Now, it is too plain for argument, that the original law authoriied
the expenses of the negotiation to be paid out of the proceeds, and
the supplemental law does not alter or repeal this provision. The
requirement that the proceeds of the sale shall be paid into the
State Treasury, is to be construed to mean that the net proceeds are
to be thus paid. If the defendants had gone into Wall street. New
York, and employed a broker at a compensation of one fourth of
one per cent., and this amount had been deducted from the pro«
oeeds, noone would have complained. But the defondants have
allowed ten per cent, (if they supposed Stevens would sell at
seventy,) or twenty-five per cent, if they knew he was getting
eighty-five.
IMPSAOHMSNT 0ABS8. 805
This is the true legal effect of the arrangement. The defendant
did not authoriie Stevens to sell at less than the limitation of the
law ; but they agreed to give him, as compensation for his services,
all that he should receive over sixty cents. Technically and
strietly, this was not a violation of the law. It may have been an
abtue of their powers under the law. But it is criminal or not, ac*
cording to the circumstances and exigencies of the case. If they
knew (as they did not) that Stevens was getting eighty-five cents,
then they agreed to give him twenty-five per cent. If they sup-
posed he was getting only seventy, then they intended only to allow
him ten per cent. Now, it will be readily seen that the knowledge
of the parties is all important, in fixing their guilt or innocence. I
grant that an abuse of their powers under the law may be so
fiagrant, and the allowance so extravagant, that the transaction
would of itself import criminality. But no such criminality can be
Imputed, nnle^fl the parties accused were acting with a knowledge
of the facts. If they were deceived and misled, however errone-
ously they may have acted, they cannot properly be convicted of a
crime or misdemeanor.
It may be said the parties were criminally negligent in not seek-
ing correct information from the proper quarter. This, also, is a
question of fact which must be determined by all the circumstances.
One who knows the difficulty of access to the departments at Wash-
ington, will not be surprised that these defendants relied entirely
upon their Senators and Bepresentatives. These have access to the
departments at all times, and they have the means in their respec-
tive houses, of instituting inquiries into all the most secret opera-
tions of the government. I insist that these two inexperienced
gentlemen, f^sh from the prairies of Kansas, were perfeotly justi-
fiable in relying upon the advice of the public agents of the State
at the seat of government.
Mr. Stanton next eonsidered the specific charges contained in the
third and fifth Ardeles of Impeachment, relating to the removal and
subsequent payment of the coupons due on the 81st of December
last. ' He claimed that the charge was entirely unsustained by the
proof, inasmuch as the bonds were actually sold before the oouponi
were due. It is not competent to try a defendant upon one ohargo,
and convict him upon another, wholly different in its eharaoter.
Bat he insbted that the true ground of defense, upon these partica-
lar oharges, is the entire ignorance of the parties as to the with*
20
B06 PR0GXSDING8 IN THE
drawal of idese coupons, and their want of any participation wliateyer
in the benefit of the arrangement. He asserted that coupons are not
usually withdrawn from bonds before their maturity, and that the
defendants therefore cannot be presumed to know any thing so much
out of ihe ordinary course of such transactions.
Upon the sixth Article of Impeachment, little was necessary to
be said. The charge seemed to be based upon the idea that a paper
could only be published where it was actually printed; whereas, the
the place of publication may well be, and often is, different from the
place where the printing is actually done.
It could not be a matter of any consequence to the State where
a paper was actually printed, so that it was circulated among the
people of the county in which the information was to be promulgated.
The assertion that the State had been defrauded was, therefore,
wholly false. But, in fact, the testimony showed that this bill was
approved by Mr. Weir, the clerk in the Secretary's office^ and it
does not eyen appear that the Secretary himself ever saw it.
Little need be said of the last Article, in reference to the with-
drawal of the bond of Trask & Lowman. That bond was never
favorably approved by the printing board. It does not appear that
it was ever seen, much less approved or filed, by the defendant.
There is no pretense that, in either of these cases, the defendant
was corruptly interested in the transactions to which they refer. The
business seems to have been done altogether by Mr. Weir, without
any participation on the part of the Secretary.
Upon the seventh Article of Impeachment, based upon the coun>
tersigning, by the defendant, of the ten per oent^ bonds, usually
termed ** the war bonds,'' the counsel referred to the act of Con-
gress of March 24th, 1844, authorizing /<a loan for a sum not
exceeding twenty-five millions of dollars." — 3d Stat, at Large 111.
He read 'the first two sections of this law, and compared them with
the first two sections of the law of Kansas, authorizing a loan of
twenty thousand dollars. The two statutes are substantially identi-
cal, in the legal effect of the language adopted. In the former, the
President is authorized **to borrow, on the credit of the United
States, a sum not exceeding twenty-five millions of dollars;" in the
latter, ''the Treasurer of this State is authorized to borrow the sum
of twenty thousand dollars, or so much thereof as may be necessary."
By the second section of the first act, the Secretary of the Treasury
was empowered to issue certificates of stock, ^^/ar Ae $um to he hor-
IMPEACHMENT CABEB. 807
rowed by this act;" while by the second section of fiie law of
Kansas, the Treasarer is directed to prepare bonds *^ to the full
amount of said loan.'* These are the operative words of the two
laws respectiTely, and, so far as I can see, they are not, in any
respect, qnalified by any other prorision of the respective statutes.
The only clause in the act of Congress, which might be tortured
into such a qualification, is found in the concluding words of its
second section^ in which the Secretary of the Treasury is required
to lay before Congress " an account of all the moneys obtained by
the sale of the certificates of stock, in manner aforesaid, together
with a statement of the rate at which the same may have been sold/'
But it is plain that a mere requirement to report the rate of sale,
does not, of itself, fix the rate, or in any way qualify the authority
to make and sell certificates of stock, " for the sum to be borrowed/'
Now, by reference to the report of the Secretary of the Treasury ,
which will be found in the Book of Finance, it will be seen that a
contract was made with Jacob Barker for five millions — ^part of this
twenty-five million loan — at the rate of eighty-eight cents on the
dollar, with the condition that, if any part of the same loan should
subsequently be sold, upon terms more favorable to the lender, the
benefit of the same terms should be extended to the persons then
holding the stock of the first issue. Portions of the twenty-five
millions were afterwards sold at eighty cents on the dollar, and sup-
plemental stock for the difference was thereupon issued to the holders
of the first issue; so that all the stock sold was virtually sold 9}
eighty cents on the dollar.
Senator McDowell. — ^Will the gentleman allow me to ask whether
more than twenty-five million of stock was issued f
Mr. Stanton. — ^The whole amount of this loan was never takenj
for the reason that the Oovemment was bound by the condition
above mentioned; and, having taken in payment for the loan, sus-
pended bank paper, which was twenty-five per cent, below par, it
WiB claimed that the Government was liable to make good this dif*
ference to the hddexf of the first issue of stock. To avoid these
troublesome questions, a new loan was authoriaed.
But the Senator will easily see that the ftot, that the whole twenty,
•ve million of stock were not issued, can make no differenoe in point of
principle. The question is, whether the law anthorised the issnanoe
ef suffcient stock to produce the amount of twenty-five miUions of
308 PROOUDINOS IN THX
%
dollars^ and whether more than the nominal amount named might
have been pat upon the market.
The Seoretaiy sold at eighty, and issued stock accordingly. If
he had obtained the whole twenty-five millions, he would have
issued thirty millions of stock. If he got only five millions ot
money, he must have issued six millions of stock; and so in pro"
portion.
Now, if this precedent is good for anything, it shows clearly that,
under the law of Kansas, the Treasurer was fully authorized to issue
bonds sufficient to produce the sum authorised to be borrowed, ris :
twenty thousand dollars. Not being able to sell the bonds at par,
he must necessarily issue more than that nominal amount of bonds
in order to realise the sum required ; therefore, it was no violation
of law to do so.
The Treasurer was required to prepare the bonds, and he alone
WH8 authorized tu dispose of them. The other State officers were
only required to authenticate the bonds which the Treasurer was to
prepare and present for their signatures. The defendant, at present
on trial, was only required to perform the subordinate act of coun-
(ersigntng them. He would not be guilty of an impeachable offense,
even if the Treasurer had issued more bonds than the law authorized.
It is an extraordinary feature in this case, that the Treasurer, who
prepared the bonds and sold them at forty cents on the dollar, with-
out any participation on the part of the other officers, has not been
Impeached or even censured. I do not admit that any crime has
been committed at all; but if any crime has been committed, un.
doubtedly the Treasurer is, by far, the greatest criminal. It has
not been shown that even he had any corrupt or criminal motive in
disposing of the bonds; and it is certain that he obtained the full
market value for them. The Qovemor, Secretary of State and the
Auditor had no connection whatever with the transaction. How
they ean be, to any extent, criminated, it is utterly impossible for
me to understand. The failure to impeach the real offender, if there
be any at all, is a virtual admission that the charge against the
defendants is trivial and incapable of being sustained.
In conolusion, Mr. President and SenatdrS; I have only to ask
whether you ean say, beyond all reasonable doubt, that any one of
these charges has been fairly made out by the testimony. Oan you
•ay, under all the responsibilities of your position, that what mm
done by these officers, was not, in their judgment at least, for the
beet inlereeli of the State f By the sum realised, the publio oredit
IMPEAOHMSNT 0A8K8. 309
liM been greatly improyed; and, if these proceedings bad not been
instituted, and tbe conclusion of the negotiation prevented, the
business of the State would now be transacted upon a basis of cash.
The accruing taxes would have paid all liabilities^ and there would
have been no probable interruption of our future progress.
I do not pretend to say that the transaction in Washington ought
to be approved. But I do say, with great confidence, that the
Auditor and Secretary must have come home without any money, i^
they had reftued to accept such terms as Mr. Stevens chose to exact.
They are entirely free from all taint or suspicion of corruption ; and,
whatever may be your judgment, they will walk forth from this
tribunal, conscious of their own integrity^ self-sustained, even in the
face of a conviction, and able to meet their fellow-citisens serenely,
in spite of your condemnation.
On motion, the Senate adjourned.
AFTERNOON SESSION.
Two o'clock p. M.
• Senate met pursuant to adjournment.
President in the chair.
Roll called. Quorum present.
Absentees — ^Messrs. Hofiman, Hollidaj, Lynde, Morrow, Sleeper
and Spriggs.
[ARGUMENT OP HON. S. A. STINSON.]
Mr. Stinson, in closing the argument on the part of the State,
said:
Mr. Prssidsnt, and mat it pleask this Hono&ablx Court :
It is with no ordinary feeling of diffidence that I come to the
performance of my appointed task. The army of able counsel on
behalf of the defendant, of great learning, large and varied experi-
ence, and high and well established fame, as well as the magnitude
of the issue involved, may well suggest the wish that the weighty
responsibility of concluding the argument, on the part of the prose-
eution, had been intrusted to an older and an abler man; but my
official position, and the wishes of my colleagues, leave me no choice.
310 ^ PBOOEBDINOS IN THX
I should bo doing Tiolence to my own feelings, did I not, in the
outset, pause to pay the kumble tribute of my admiration to the
distinguished eloquence which has been eyoked in aid of this defense ;
and if, in anything, I shall have occasion to differ from the argu-
ments or conclusions of my opponents, I shall do so with becoming
deference, and only when the truth, which is more to be revered
than age, position, or eloquence, shall seem to bid me do it.
John W. Robinson, Secretary of State of the State of Kansas,
has, by the House of Representatives, been, at your bar, impeached
for misdemeanor in office; and it shall be my duty to attempt to
show that, by evidence, the House has made good that impeachment.
I am aware that, in trials of this peculiar and most important
character, it is a time-honored and most respectable custom for
counsel to give an historical and argumentative review of the origin
and history of this judicial anomaly — ^proceeding by impeachment.
If I shall honor this custom by its breach, I would most respectfully
beg this honorable Court to attribute my apparent short-coming to
my respect for your intelligence and my sympathy for your long
suffering, rather than to a lack of sufficient learning and ability.
There is no such mystery in these proceedings, or in your office, as
to require elaborate explanation to those who are familiar with the
ordinary parctioe and rules of our courts, and who are well grounded
in the eternal principles of truth and justice.
I feel that no words of mine are necessary to impress upon this
honorable Court a proper sense of the solemn responsibility devolved
upon you. All that this world has for this defendant, is here staked
upon the issue. The severe eye of a jealous people scans your ac-
tion, that no feeling of sympathy or compassion, or other unworthy
consideration, swerve you from the plain line of duty. The defend-
ant, the people, posterity and your G-od, will hold you, and each of
you, to a strict accountability for the manner in which you shall
discharge this most important trust. In this prosecution, I have no
personal or partisan prejudice to indulge. I come here, with my
colleagues, representing the honor and the interests of the people
of the State; and feeling that if, by this investigation, this defend-
ant's innocence appear, then will the people have cause for joy;
while his crime and his disgrace will bring shame upon the name of
Kansas. We seek not this man's ruin.9 All we have to do— all our
position will warrant us in doing — ^is to elicit the whole truth in
regard to the matters with which he stands charged; and then, if
IMPSACHMBNT OASIS. 311
tbe law and tbe eyidence pronouncs him guilty, his puDishmeAt
must follow, and he and we all must suffer for his orime. Even as
the sins of the father are visited upon the children, so is the dis*
grace of the ruler visited upon the people. Every man in Kansas
to-day feels a sense of personal humiliation, when he remembers
that, in the first year of the existence of Kansas as a State, three of
her chief executive officers were impeached for misdemeanor in office.
Our good name abroad has suffered, and is still suffering, from this
obloquy. It has given new life to the enemies of Kansas everywherei
and confirmed their malicious slanders upon our people ; and now,
if this defendant; and those who, with him^ stand accused at your
bar, can go forth from this trial free from taint of crime or dishonor,
there is not an honest man in the State, or a friend of Kansas any-
where, who will not rejoice at the result. But the evidence and
the judgment will go forth to the world together; and, if the evi-
dence shows his guilt, and your verdict acquits him, you, and the
people, will become, in the eyes of all the world, not only sharers
in his disgrace, but participators in his crime.
The House of Bepresentatives, here prosecuting, does but dis-
charge a duty to the people, to posterity and to constitutional lib-
erty; for it is standing guard upon the only barrier which the
Constitution has ereeted between a free people and the licentious-
ness of their rulers.
As this case now stands, it is disembarrassed of many of those
delicate and difficult questions which have almost invariably arisen
in proceedings of this character. For the purposes of this argu-
ment, it may be taken as conceded that this defendant is an officer
liable to impeachment; that this Court has jurisdiction to try him,
and that the articles preferred by the House of Representatives are
sufficient, if proved, to warrant his conviction. Before I proceed
to discuss the evidence, I will call your attention to some proposi-
tions of law, to which a merited prominenco has been given by the
defendant's counsel. It is essential, before you can convict, that we
.prove that the defendant has committed a misdemeanor, substantially
as charged in some one of these articles. For the meaning of the word
«jttisdemeanor, as used in our Constitution, we are, by common con-
sent, remitted to the common law. Blackstone says : ** A crime,
'^r misdemeanor, is an aot committed, or omitted, in violation of
^public law, either forbidding or commanding it." This definition
does not, in words, give the cardinal element of the offense — ^the
(unlawful intent. I freely concede to my opponents all the impor-
812 PROCESDINOB IN THE
tanoe which they have here labored to give to this element, primarilj
essential as it is to constitute a crime or misdemeanor. It is the
unlawful intent, manifesting itself through unlawful acts, which
the law seeks to punish. I have seen, from the very outset, how
ingeniously and speciously this question of intent was to be distorted
to suit the purposes of counsel; but I mistake the intelligence
of this honorable Court, if I fail to disentangle you from the web
of sophistry, which the gentlemen, with so much skill and pains,,
have woven. I think that, in their interpretation of the law of
intention, they must have relied, not only upon that weight which
their solemn and impressive utterance and great legal reputation
would give to their views in the minds of those who were not theo-
retically versed in the intricacies of the law, but also somewhat upon
the inexperience of their adversary. How certainly they have
abandoned those pleasant ^^ ancient ways,'' of which Gov. Stanton
spoke so feelingly, in another branch of this case, and started out
upon a new and unbeaten track. They would make this a pure
question of conscience. The law may have been violated by this
defendant; he may have intended to do the act, which is a violation
of law; he may have intended to violate the law; the public may
have suffered great wrong by his unlawful act; and yet all these
elements of a crime or a misdemeanor are not sufficient, unless we
can show the existence of some purpose which, independent of the
violation of the law, involves moral turpitude. And this strange
and startling doctrine is sought to be fortified by authority. I see
before me a volume of Greanleaf on Evidence, from which the gen*
tleman read; and, with the permission of the Court, I will read,
from this book, an extract which has heretofore been cited. I read
from dd vol. Greanleaf on Evidence, sec. 13 :
^^ Another cardinal doctrine of criminal law, founded in natural
justice, is, that it is the intention with which an act was done, that
constitutes its criminality. The intent and the act must both con-
cur to constitute a crime. Actus non facU reum, nut menB tit rea.
And the intent must therefore be proved, as well as the other mate-
rial facts, in the indictment. The proof may be either by evidence,
direct or indirect, tending to establish the fact : only inference of
law from other facts proved. For, though it is a maxim of law aa
well as a dictate of charity, that every person is to be presumed
innocent until he lis proved to be guilty; yet it is a rule, equally
sound, that every sane person must be supposed to intend that
IMPKACHMSNT 0A8B8. 813
which IB the ordinary and natoral oonsequenee of his own propoBod
act."
The intent— that isi the intent to do the act — and the act mnst
both ooneor. It is not even necessary that a person should intend
to violate the law in order to render himself amenable to its penal-
lies. If a man even be ignorant of the law, and do an act in viola*
tion of its provisions, intending to do the acty he is answerable
criminally. The gentlemen have, in their argument, confused
intention with motive. The motive which induces the helpless
vagabond to steal a loaf that his little ones may not die of hunger,
may, in the sight of God^ wipe out the transgression it induces;
but so poor and inflexible are human laws, that we cannot go behind
the intent to steal, to ascertain the motive which prompted the theft.
The law deals not with the individual consciences of men ; its stan-
dards of right and wrong are arbitrary, and of its own creation.
When it prohibit^ an act, the man who intentionally does that act
comes under its ban. The necessities of government and society
demand that it should be so, or else every man will become a ban
unto himself. The infinnities of our Unite natures set bounds to
human investigation, and psychological science has not yet even
pretended that it could dive down into the hearts of men, and drag
their black thoughts up into the clear light of day. Even the
martyr who, firm in his convictions and in his faith, braves the
wrath of the violated majesty of the law,' rather than peril his sou)
by yielding obedience to what he believes its unholy commands^
must be content to submit to earthly punishment, and look^ for his
recompense, to that great future, when the disembodied spirits of
men shall come up for judgment, and the innermost recesses of the
heart shall reveal its every motive and thought. The law, in respect
to this vexed question of intention, is simply this and nothing more :
it being established that an act has been committed in violation of
laW; it must fVirther be shown that the person charged intended to
do the act. With his motive, the law has nothing to do; it deals
solely with his unlawful intention. The lack of a motive to commit
a crime is sometimes urged in argument to show that the defendant
has not done the act complained of; but never before was a corrupt
motive made the essential test of criminality.
These propositions are of especial force in such cases as the one
at bar. The nature and importance of the trusts reposed in a public
officer, require that he should be held to the strictest accountability ;
314 PAOCSSBIIfOB IN THS
aod it ia a general dootrine, which oannot be oontrorerted, "that
whenever the law, statutory or common, casts on one a duty of a
public nature, any neglect of the dnty, or aet done in violation of it,
ia indictable ;" and, if indictable, then it mnat be because it is s
orime or a misdemeanor — ^these two words being convertible terma
as used in the Contitution. Under an indictment, for that violation
of public duty of which we here complain, the man would be laughed
to scorn^ in any court of justiee, who should ask that the judge
charge the jury that, unless they should find, from the evidence,
that there was some moral turpitude — some actual intention to cheat
the State, and to receive the proceeds of the fraud — then they must
find for the defendant. The charge would be : " The law prohibits
this defendant from selling the State bonds at less than seventy
cents on the dollar, and, in order to convict, you must find, from
the evidence, that the defendant sold the bonds for less than seventy
cents, and that he intended to sell them for less than seventy cents;''
and if you, as judges of the law, find this prohibition, then you
must proceed to inquire, in regard to the facts, as I have just indi-
cated. As I have before intimated, ignorance or mistake of law
will excuse no one from the penalty for the breach of it. Even
though a person may not know of the existence of a law prohibiting
a oertain act, yet, if he intentionally commit that act, he must
answer criminally. This proposition goes even to this extent, aa
laid down in Qreanleaf on BvidencCi vol. 8d, sec. 20:
*^And the rule is applied to foreigners, charged with criminal
acts here, which they did not, in fact, know to be such, the acts not
being criminal in their own country."
The only exception to this rule, of which I am aware, is one rather
intimated than affirmed, that misapprehension of law may sometimes
be shown to repel the charge of corruption in an officer, whose duties
require the exercise of a discretion, and not even then when '^the
mistake is induced by gross ignorance and carelessness, partaking
of a criminal quality." So that even if it were here established by
the testimony that this defendant acted under a mistake of law, it
could not shield him, for his duties, in the premises, were purely
ministerial, so far as the limit on the price of the bonds is concerned;
and the mistake, if any such there waa, was of that groas character
aa to partake of the criminal quality — ao gross that even the inge-
nuity of counsel fail to suggest even a plausible ground for his
pretended construction of the law. In the exercise of your judi-
eial functional you are not, and cannot be, abaolved from the
IMPSAOHMXNT 0A8X8. 815
binding foroe and effeot of thefle essential and primary principles in
the administration of justice, without wbioh all legid restraints will
be loosened, and society dissolved into its original elements. Illos*
trations are hardly needed to show how weak and desperate is thia
attempt to distort the law; yet take the case of the ignorant man
arraigned on charge of a violation of the license law, and he pleada
that he sold the liquor in his dwelling-house, and introduces hia
own frequent declarations to show that he did not construe the law
to prohibit the sale in a private house. These distinguished lawyeia
would hardly insist that this was a good defense* Following the
precedent here sought to be established, the liquor seller might
proceed to show that his motive waa good, and prove, by a physician^
that the man to whom he sold, needed the stimulant. How absurd
these propositions sound when practically applied; and yet these
absurdities are involved in the legal argument of this defense.
I have thus attempted to explode these fallaeies, not that the
prosecution has need here to insist upon any rigid rule, but thai
such legal heresies might not pass unchallenged. I regret that I
am compelled thuB rudely to assail the law laid down by the defensei
ss my distinguished friend, Gov. Stanton, seemed, by some passing
remarks, to feel that his legal opinions had hardly been received
with the deference due their sourcci and to entertain, almost, a
feeling of personal grievance at being arrayed against such pigmiee
aa the humble conductors of this prosecution. That due weight mighl
be given to his views, he has kindly and considerately told you thai
he once occupied the most responsible position of chairman of the
judiciary committee of the House of Bepresentatives of the United
States; and here modestly, and with a tender pity for our weaknesSi
I doubt not, he paused, leaving to me the pleasant task of recount-
ing some other of the honorable positions he has held. His name
may be found upon that memorable roll of decapitated martyrs-^
the Oovernors of Kansas; and he has been — almost — a Senator of
the United States from the State of Kansas. With becoming modesty
we acknowledge our weakness, and here gratefully own that whatever
of credit or reputation may attach to us in this proceeding, will be
but a reflected luster from the gentlemen who have so ably conducted
this defense.
There is cue other preliminary matter deserving some sligkl
notice, before I proceed to examine the evidence. My opponents
have here volunteered a sort of half-way defense of Hon. Robert S.
816 PR00SXDIN08 IN THB
SteTens, who has plajed a somewhat conspicaoiu part in this inres-
ligation. Mr. Stevens is not on trial. I am neither disposed to
assail or defend him. It may be that in the pnrlieus of those
departments, of whose oomiption we have heard so mnoh — ^it may
be that in the gambling whirlpool of Wall street, such transactions
as those with which this trial has implicated Mr. Stevens, are most
righteous and commendable. I am not here to test the elasticity of
a broker's conscience. By the standard which these gentlemen
have sought to erect, I presume Mr. Stevens' intentions were good.
But we have been told that Mr. Stevens possessed great skill, expe-
rience and learning in the matter of wheedling the public depart-
ments at Washington. That, like inventors in mechanics, he was
entitled, in morals at least, to a patent for his method of selling
bonds, whereby he realised all the way from twenty-five to fifty-five per
cent. The gentleman warmed under the inspiration of the subject,
and likened Mr. Stevens to the inventor of the steam engine. For
a moment I was captured by the idea ; but fortunately remembered
Oen. Butler's remark to the city council of New Orleans, in regard
to some of its action. He admitted that its novelty would entitle
the inventor to a patent, but he doubted its usefulness. The most
Appropriate illustration was the apple-paring machine, which the
gentleman so glowingly and graphically described as a little instru-
ment, upon which you placed an apple, and, by a few turns of the
wheel, peeled it handsomely. Stevens' invention is similar in its
oonstruction, if not in its effect. He put the State on' his little
machine, and, with a few turns of the wheel, he peeled it to the
oore. So much, in passing, for Hon. Robert S. Stevens.
I propose to discuss the several Articles of Impeachment, so far
as they relate to the seven per cent, bonds, together, applying such
testimony to each as shall, in my judgment, go to sustain that spe-
eific charge. The main features of all this class of articles are the
same.
After repeated failures, and when tht most hopeful had began to
despair, Kansas was suddenly admitted into the Union — the first
fruit of the rebellion. No provision had been, or could have been
made, to meet, by legitimate revenue from taxation, the expenses
incident to putting in active operation the new form of government.
In this emergency, the Legislature passed an act authorising the
issue and negotiation of one hundred and fifty thousand dollars of
the bonds of the State. This law reads as follows :
IMPBAOHMENT 0A8B8. 317
Chaptbb YI. — An Act to authorise the negotiation of one hon*
dred and fifty thousand dollars of the bonds of the State of Kansas,
to defray the current expenses of the State.
Be ft enacted hy the Legislature of the State of Ka/Mo* :
Section 1. That Austin M. Clark and James 0. Stone be and
they are hereby auiiorised to negotiate the bonds of this State to
the amount of one hundred and fifty thousand dollars, immediatelj
upon the passage of this act, bearing a rate of interest not ezoeeding
seven per cent, per annum, payable semi-annually in the city of
New York, which loan shall be paid and reimbursed in fifteen years
from the time when the same is negotioted; whic£ money, so bor-
rowed, shall, on being first duly appropriated therefor, be applied
to the defrayment of the current expenses of the State of Kansas.
That said commiBsioners are hereby directed to inform the State
Legislature, within seventy days from the passage of this act, the
terms on which they can negotiate the loan proposed, and no final
action shall be had by said commissioners until they shall receive
the consent of the Legislature, or, in case of the adjournment of the
Legislature, the oonsent of the Governor, Auditor and Secretary of
State, or a majority cf them, to the terms proposed.
Sec. 2. That the bonds mentioned in section first of this act shall
be made with coupons attached, issued and signed by the Treasurer,
and countersigned by the Governor and Auditor, and shall have
the great seal of the State attached, which bonds shall specify the
the rate of interest and the time when the principal and interest
shall be paid, and each bond so issued shall not be for a less sum
than five hundred dollars, and shall specify thereon to whom the
same shall be made payable.
Sec. 8. That the proper officers of the State of Kansas shall cause
to be levied and collected, each 'year, with the other taxes of tK^
State, a sufficient amount to pay the interest as the same aooruei,
on all bonds issued under the provisions of this act, and, also, to
levy and collect a tax sufficient to create a sinking fund for the
final redemption of such bonds, which taxes, when paid into the
State Treasury, shall be and remain a specific fund for sud purposes
only, and shall not be appropriated or used in any other way except
as is heremafter provided.
See. 4. That the tax above mentioned, in section three of this
aet, levied and collected to create a sinking fund for the final si^
demption of all bonds issued under this aot| shall be invested anai^
ally, by the Treasurer of the State of Kansas, in the bonds of the
818 PROCSXBIIIOS IN THX
United States^ and in bonds of the State of Kanaas, at their market
value on the New York City Exchange, or, in case the flame cannot
be obtained at par or under par, then, and in that event, he ia
anthorised to invest the money arising from the said tax, annually,
in the bonds of other States on which the interest is paid promptly
and regularly, and which bonds he shall procure at as low rates as
the same can be purchased, which bonds shall be held and retained
by the Treasurer until the principal of the bonds issued under this
act shall become due, and shall then be disposed of at the highest
market rates, and the proceeds of the sale of such United States or
ether State bonds, purchased as aforesaid, shall be appropriated to
the redemption of the bonds issued under this act.
Sec. 5. That whenever the interest on the above mentioned bonds
shall become due, the same shall be paid by the Treasurer of the
State, upon presentation at such banking house, in the dty of New
York, as may be designated in the bonds issued under this act, and
the coupons for the interest then due shall be taken up by said
Treasurer, canceled and filed in his office.
Sec. 6. The Treasurer of the State is hereby authorised, and it
is made his duty to obtain, blank bonds, with suitable devioee
to prevent counterfeiting, and of such material as he may deem
proper.
Seo. 7. That all money realised by the State of Elansas from the
sale of bonds issued under this act, after paying all the necessary
expense of issuing the bonds and the negotiation of thsm, be and
the same is hereby appropriated to the exclusive purpose of defray-
iag and paying any and every legitimate and lawfril expense thai
has been incurred or may hereafter be incurred in administering and
eariying on the State government, and shall be and remain a specific
ftind for these purposes only, and shall not be appropriated or used
for any other purpose.
See. 8. The credit of the State is hereby pledged to the payment
of the interest and principal of the bonds mentioned in this act, ae
Ike same may become due.
Sec. 9. That as soon as the said persons, mentioned in section first
«f this act, shall succeed in negotiating the sidd loan, they shall
fbrthwith pay the same into the treasury of the State.
Seo, 10. That, before entering upon the duties herein specified
ittd oonfided to them, the said Austin M. Clark and James C. Stone
shall ezeeule their bonds to the State of Kansas, with good and
IMJPSAOHMllIT OABSi. 819
fnfficient securities, to be approyed I^ the Govenior of this State,
in the sum of three hundred thousand dollars, eonditioned that thej
will well and truly perform the trusts herein reposed, and pay into
ihe Treasury of the State of Kansas all ^ums of money they may
receive on the sale of said bonds.
See. 11. That, in ease said Olark and Stone shall fail to negotiate
the loan authorised by this act, upon the terms authoriied by this,
act, that then, and in that case, they shall reiom said bonds, or so-
many as remain undisposed of, to the Treasurer of State, who shaU
safely keep the same.
Sec. 12. It shall be the duty of the State Auditor to register, in
a book proyided for that purpose, the bonds issued under this act,
which said registry shall show the date, number, amount, and to
whom is made payable each of said bonds.
Sec. 13. That this act shall take effect from and after its publi-
oation.
Approved May 1st, 1861.
I hereby certify that the above bill became a law by publication
in the Tepeka Recwdy M«y 8d, 1861.
J. W. ROBINSON,
Seeretcuy of SUue.
Hark the peculiarly stringent provisions of this bill. The com*
missioners, men of koown wealth, probity and honor, are intrusted
with no absolute discretion in the matter. During the session of
the Le^Iature they were to report to that body, and receive its
assent before any negotiation could be made, and after the adjourn-
ment of the Legislature the State officers were substituted in their
stead. Even with all these restrietions and limitations upon their
power in the premises ; so cautious and prudent wa6 the Legislature^ .
that these> eonmtssieiien were by thei law competent' to give a bond
in the sum of three htrndred-thtotnand dollars. I shall have occa-
sion heceafter to contrast the prudence and caution of the Legisla*
tore with the oonduetof those iawhom these bonds were after*
wards intrusted. Messrs. Stone & Clark having, forwmie cause,
failed to negotiate these bonds, a supplenlentaty '&ot was subse-
quently paseedi which- m as foilown t
CHAPTsa VII^^Av Amp supflemeiitiry'to *< An Aefrio authorise
the negotiMMUjof one hnidcad and' fifty thcrusand doOan of the
bonds of the State of Kansas to defray the current expenses of
the State,'' approved May 1, 1861.
Be ii enacts hjf the LegtUahure of . the StaU of Kan$a$ :
Section 1. The Treasurer of State is hereby authoriied and
f
320 PEOonBiNOft iir ths
directed to prepare one hundred thoaaand dollam of the bonds
prorided for in an act entitled " An Act to authorise the negotia-
tion of one hundred and fifty thousand dollars of the bonds of the
State of Kansas, to defray the current expenses of the State, in
sums of the denomination of one hundred dollars each."
Sec. 2. That the GoTcmor, Auditor and Secretary of State of
the State of Kansas, or a majority of them, are hereby authorised
and empowered to negotiate and sell the bonds of the State, the
issuance of which is proyided for in the act authorizing the nego-
tiation of one hundred and fifty thousand dollars of the bonds of
the State of Ejmsas, to defray the current expenses of the State,
approved May 1, 1661 ; I^wided, however, That no bonds shall be
sold for less than seventy cents on the dollar, and that the proceeds
arising from the sale thereof, shall be paid directly into the Trea-
sury of the State.
Sec. 3. It shall be lawful for the Treasurer to receive, in pay-
ment for said bonds, the circulating notes or bills of any specie
paying banks of any State, and, also, such warrants as may be
issued to the members and officers of the Senate and House of
Representatives, Justices of the Supreme and Judges of the Dis-
trict Courts, Reporter of the Supreme Court, for services rendered
or to be rendered when said services are performed, and, also, such
other amounts as may be provided in the general appropriation bill
for the current year ; but this act shall not be so construed to per*
mit payment to be made in the bills of any bulking institution now
In existence in this State.
Sec. 4. That the Treasurer shall be and is hereby authorised,
upon presentation of the warrants mentioned in the third sectioB
of this act, to receive the same at par and issue the bonds men-
tioned in the first section of this act, at their current value; iVo*
videdj That this shall not be so construed as to authorise said
Treasurer to dispose of said bonds at a price less than seventy cents
on the dollar.
Sec. 5. That this act shall take effect and be in force from and
after its publication, and the Seerataiy of State is directed to pub*
lish the same, immediately upon its approval by the Ck>veraor, in
m daily paper published in Topeka, which shall constitute suoh
publication.
Approved June 8, 1861.
!rhus, theui the Governor, Seetetaiy of State and Auditor, were
C
A
IMPKAOHMBNT 0A8XS. 821
intniBted with these bonda. An amoant of about sixty-two thoa*
sand dolhtrs of them was used in redeeming State sorip, in acoor-
dance with the provisions of the supplementary act. The balance
remained in the hands of the State officers to be sold. The first
step b to intrust Mr. Dntton with some twenty-nine thousand
dollars. This seems to have been a sort of venture, without any
specific object. If I remember rightly, they oautionsly took
Dntton's receipt, so that the State might not suffer. Mr. Dutton,
somewhere in the East, casually meets Mr. Stevens, who had juat
concluded a highly satisfactory operation in the way of our war
bonds, and half jocularly, it would seem, hands over the twenty-
nine thousand dollars of bonds to him, and Dutton carefully takes
Stevens' receipt for them. Stevens goes to Washington and at-
tempts to sell. tbe»e bonds and fails. On his return, at Dayton,
Ohio, be meets a mysterious gentleman of the name of Corwini ' to
whom he in trusts the twenty-nine thousand dollars worth of bonds,
and I prei^uiiiv, tukex Corwin's receipt. Thus from State officers to
Dutton, from Dutton to Stevens, from Stevens to Corwin your
bonds were bandied about from hand to hand, from East to West —
these bonds which your Legislature refused to intrust to commis-
sioners of its own appointment, save upon condition that they
should give a bond in the sum of three hundred thousand dollars.
Right here, without going one step farther in this case, is there not
that culpable carelessness which partakes of the quality of crime.
Mr. Stevens then comes to Kansas, and for the first time in this
transaction, we find the tempter and the tempted together. He
proposes to buy some thousands of State bonds, and ofiers, in the
face of the plain letter of the law, forty cents on the dollar. Then
it is that those conversations of which we hear so much were had.
Then it is that the Secretary and Auditor begin to raise around
their contemplated scheme the halo of their good intentions. Then
it is that John W. Bobinson tells George S. Hillyer. and George 8.
Hillyer tells John W. Robinson, against all the recongnised canons
of interpretation, that the Legislature did not intend, what its words
express. They sntertain the proposition of forty per oent. — ^they
consent to ij(, and this most illegal and iniquitous arrangement b,
by their own testimony only defeated by the failure to proeun the
^vernor's signature. Bead the second section of the supplemen-
tary act. I have not the heart ^riously to argue the proposition
4hat these men never labored under any suoh insane delusion. Thej
21
PBOOCVDINOB IM THX
MA read, and jet tliey pretend that they thought that there was a
limit on the one hundred thouaand one hundred dollar honds, and
none on the fire hundred dollar bonds; and they proposed to
arrange the matter, so as to make the one hundred dollar bonds
bring seventy per oent. at the expense of the others. Even this
of itself -was a fraud, and a patent attempt to evade the will of the
Leg^lature, even as that will was interpreted to their benighted
understandings. They never thought any suoh thing. This is a
mere ^* dodge/' and a lame one at that — it does not rise to the dig-
oity of a quibble. It is the worst among the many bad features in
this case. A lawyer's practiced ingenuity has failed even to suggest
a doubt. I pity the man whose desperate cause compels him to
come here with such a poor, bold, pitiful plea. These parties might
have saved themselves from contempt, if not from disgrace, had
they come here unembarrassed by this defense. We do not know
that this defendant or Mr. Hillyer is deeply versed in the oracles of
the law, yet, when this grave question is presented, and doubts are
suggested, did they seek the advice of any lawyer 7 The constitu-
tion has provided that there shall be an Attorney General, whose
duty it is made by law to advise the officers of the State. Was his
advice ever sought ? If some of these steps had been taken, and
their interpretation sustained, these gentlemen might perhaps, with
some plausability, take shelter behind the boundless stupidity of
their advisers.
Secretary Robinson and Hillyer contract to sell to Stevens bonds
at forty per cent. They give him thirty-one thousand dollars of
bonds, and such is the haste with which this transaction is oonsum-
mated that they deal out to him bonds only partially executed —
bonds lacking the signature of the Governor. The terms and con-
ditions of this agreement no man knows. The Governor refused to
ratify the contract, and yet the proper guardians of the bonds do
not seek to recover them. Under no earthly contract or agreement
they permit them to remain in Stevens' hands, for what purpose we
can only surmise. The Legislature authorised the issue of the
bonds of the State for another purpose than to furnish Hon. Robert
8, Stevens with speculating capital. This lot of bonds meets with
as many adventures as the last. Stevens takes them to Lawrence,
gives them to Woodward to take somewhere j Woodward gives
dkem to Smith, and at last they are landed in their destined haven,
and committed to the custody of John W. Oorwin. Here, then, are
IMPSACHMSNT 0A8S8. 828
fiftj thooMmd dollars of the State bonds being handed through the
departments at Washington. While thej are yet the property of
the State, they ftimish to the harpies who throng the avenues of
the public officee, a basis for speculating off the National Govern-
ment. No wonder the bonds could not be sold; no wonder they
had no market value. It is not in such hands that capitalists look
for a safe investment.
Having thus disposed of the property of the State, and finding
still an empty Treasury, the Secretary and Auditor suddenly burn
with patriotic fire, and seek to emulate the example of President
Lincoln. I admired the skill and ingenuity of my most eloquent
and venerable friend, Gov. Shannon, thus likening small things to
great; and I, and every man within the sound of his voice, was moved
by the earnest and patriotic words with which he depicted our coun-
try's glory and her dangers. He seemed, for a time, to forget the
lawyer — to forget his case, and to talk like an inspired patriot. I
listened with delight and admiration; and the flight was none the
less grand^ now that it becomes my painful duty to clip the wings
with which he soared. The Legislature was about to meet, say
they; State scrip was sadly depreciated, and, to the minds of these
State officers, an empty Treasury was as formidable a foe to the
government as an armed rebellion; and, therefore, because President
Lincoln, when the whole continent was heaving with the throes and
the convulsions of the terrible eivil war which was then bursting
upon us, overstepped the bounds of his constitutional authority to
avert the impending min; therefore Hillyer and Bobinson were
authorised to trample under foot the laws, that the Legislature
might not lack mucilage and ink. Thb is the argument denuded
of its plumage. Before passing from this moral plea, behind which
the gentlemen have made a moat determined stand, I propose, even
at the risk of interrupting the course of my argument, to dispose,
at once and forever, by facts and figures, of all this talk about the
exegencies and necessities of the State. This strain has aceomp*»>
nied their whole argument. Bspeeially have they made it applicable
to the war bonds, of which I shall have to speak hereafter. Not a
dollar of the proceeds of the seven per oent. bohds everMachtd
Kansas, until after the mutiaqr of the LegisJatnre; so that these
gentlemen ought have had the law changed, if neoessi^ eompelMy
rather than viokted. As to the war bonds, they were sold in Jua0
— sold, say the gentlemen, to repel an invaauvi which was
824
PB00SKDIN08 IN THl
on oar borders. This justified the sacrifice of ten per cent, bonds,
payable in ten years, at the rate of forty per cent. Fortunately I
have before me the reports of the Auditor and Treasurer of this
State. I read from the Treasurer's report, made in January, 1862 :
Amount received from sale of Bonds — ^thirty-one thou*
sand dollars, a 40 cts. $12,400 00
By amount of Auditor's warrants redeemed, 3,568 54
Balrnce in Treasury, 8,881 46
So that over eight thousand dollars of the twelve thousand four
hundred realized, remained in the State Treasury from June to
January, untouched, I now read from the Auditor's report :
WAR EXPSKSES.
Jane SS
97
Jnl7 <4
90
AoR. 90
19
91
Sept. •
17
Ooi. 99
C. Bobinioa
L.C.Wnnutfth
K. Morrow
LewiiWiM
P. W. GiUs
M.K. Smith
C. Robinion
R. Morrow
Fry k Rntf oU
Qoo. 8. HUlyar
MetMDser to WMhlBtton to proouro
arms, Ao.
Use of horse Acj orfftniiins militia
ProTiaiona fomished troop*
.1
«t
•t
Expreee ohargea on mtmitioni of war
Proritions rarnished troopf
Servioei and horae and hu^p hire
ProTifliona fumiehed troope
Hone and bnny hire
On aooount oiTrr A Raiiril
• 407 18
88 00
1,653 67
7:115
75 00
97 44
11 05
7 50
58 90
599 50
180 00
5 75
900 00
91 00
•9,460 54
•90,000 00
These figures fall like a shower-bath upon the metaphors of the
Qovernor. There is but one item expended which looks to the
defense of the border. One might well imagine, from the siie of
OoT. Robinson's bill for buggy hire, that he had driven a flaming
chariot along the Missouri line, from June to January.
We left Messrs. Bobinson and Hillyer contemplating a patriotic
sacrifice. They would go to Washington, and, with their financial
ability and experience, rescue the credit of the Slate from dishonor.
Bteyens had nodiing to do with this pilgrimage. It was with some
difliculty that we ascertained that there was anything but a blind
Ihtality urging them to Washington. It was not eren agreed — so
they would have us believe-^-that Robinson should go. By diligent
inquiry, howcTer, we find that Senator Pomeroy had written to this
defendant that bonds could be sold in Washington, and it was
understood that they might be purchased by the Interior Depart-
ment, which, before that time, had bought our war bonds. In order
to counteract the impression that there was any sort of concert of
aetioB in regard to tUi matter, Hillyer says that Bobinson left here
IMPEACHMENT CASES. 825
for Chicago, nnoertain as to going to Washington. Thus, then,
according to Mr. Hillyer's account, he left him to sell the Stale
bonds, when fifty thousand dollars of them were beyond his reach
and control, in the hands of Stevens or his agents; and well know-
ing that he alone could do nothing in the matter, as, by the law,
only a majority of the board could act. It may be that Stevens was
not consulted or advised of this trip. It may be that Robinson had
not determined to go. It is possible, but it is not probable. The *
facts, before and subsequent to that time, point to another and a
different conclusion. Robinson showed his faith by his works.
Before he left for Washington, he purchased State bonds on specu-
lation. At last, both these worthies reach the capital. Their os-
tensible mission is honorable and honest. The natural course-'-so
we would all think — would have been for them to have attempted
to sell the bonds. They knew the head of the department, where
they expected to sell them; and it would have seemed every way
appropriate that they should have waited upon him and explained
the object of their visit. But here we are met with a class of testi-
mony which we are so unfortunate as to be unable to counteract.
The gentlemen give us the benefit of their congressional experience,
and talk about the corrupt purlieus of the departments at Wash*
ington, so beset and invested with difficulties that they can be
approached only through certain dark, mysterious passages, known
only to the initiate. It may be — as we humble citizens have been
taught to believe — that the portals of the departments stand open,
and that an honest man, on an honest errand, may receive a patient
and respectful hearing, even from the highest of the peoples' servants.
It may be that it is only those who love darkness rather than light,
that seek the devious, hidden paths, so graphically described.
There is a back door to every house. Not one engaged in this
prosecution has ever achieved the high position of a congressional *
seat, and we cannot say that this is as I have attempted to describe.
These men, at any rate, cannot say that our explanation, so charitable
to the government, is not true. They never saw the Secretary of
the Interior, or any other officer of the government, while they were
the agents of the State of Kansas; and only when they assumed the
more congenial functions of the secret agents of Stevens. It is true
they saw Senators Lane and Pomeroy, and Representative Conway;
and an attempt is made — another lamentable shift — ^to saddle the
responsibility of this transaction upon them. They were elected to
326 PBOOSSDIMOS- IN TBI
dboharge the daties belonging to their offioeSy and not u the guar-
dians of State officers, who might prove too weak in mind or morab
to resist the first opportunity which might offer for a betrayal of
their trusts. They say they were advised not to go to the Seeretaiy
of the Interior, but to employ Stevens. Such advice, of itoelf,
must have put them on their guard, if they were not, as the evi-
dence shows, seeking for that very advice. Without one word or
effort, through weeks of profitless lingering in Washington, they
hold up their feeble, helpless hands, as they would have you chari-
tably believe, and implore the assistance of Stevens, who^ alone, is
all-powerful to save them and the State. The departments are, to
them, awful and mysterious temples, within whose sacred precincta
only the anointed priests may tread; and of these, in their eyea,
Stevens stands high and conspicuous. They have not even applied
to a broker to assist them, whose customary commission, we are told,
is one-quarter of one per cent. They employ Stevens, or they sell
to Stevens; at any rate, Stevens gets the bonds, and that seems
to have been, throughout, the great object to be attained. We have
been told that delegated power cannot be delegated; but that mat-
tered not. Messrs. Robinson and Hillyer had probably prepared
themselves with a convenient mistake^ in regard to this ancient
maxim. If the State had desired the services of this distinguished
negotiator, he would probably have been employed; but then^ like
Messrs. Stone and Clark, he would have been compelled to give a
bond — an inconvenient and, sometimes, an impossible instrument.
They employed him of necessity, they say. Let us see how much
he had to do with selling the bonds. Mr. Seeretaiy Smith was the
man first to be approached and won; and he emphatically says, in
his testimony, that he was unfavorably disposed toward the ne-
gotiation, until he was convinced, by the representations of Gkn.
Pomeroy, that the investment was a safe and good one for the funds
of the Indians. He, at least, was not manipulated by the skillful
hands of Stevens. The President's sanction was necessary, and this
was obtained by a letter from our congressional delegation; and
none of us would like to believe that the influence of Stevens was
necessary to induce them to serve the interests of the State. The
transaction, divested of Stevens, looks easy and fair, the only cloud
and mystery about it being the employment of Stevens, and the
sub-agent, Mr. Corwin, whose exact connection it is difficult to trace,
although an imputation has been attempted, as it seemed to me,
IMFIAOHBairT OAOS. 83S7
when oast apon Beoretary Smith, by showing that Corwin was related
to him.
These are the facts as thej appear from the testimony; and yet
for weeks they waited, looking hopefully to Stevens to oome and
engineer this plain and honest business. It is testified that they
were imploring him to oome and help them, and that he, at times,
was coy, and at times defiant. None of this remarkable correspon-
dence is before the Court, and we are left to vague conjecture as to its
singular contents. He had fifty thousand dollars of the State
bonds, and these they never sought to get into their possession ; but
they wanted his aid — ^his powerful presence. At last, overcome by
their much importunity, Stevens goes to Washington, and, from the
jMSCounts here given, one would suppose he spent weeks in overcom-
ing their scruples, and perfecting the arrangement between them. Yet
he arrived there on the night of Saturday, the SOth of November,
and the agreement, under which he took the bonds, is dated on the
3d of December. Do you believe that all the transactions — some
graphically described, and others darkly hinted at — took place in
this brief interval ?
It is in these days that more good intentions are devised by this
defendant. He who lately was willing, and did barter the bonds
at forty per cent., suddenly becomes obdurate. He believes, so his
friends here say, that sixty per cent, is the best price which can be
realized, and that it would be for the interests of the State to sell
At that price; but still he manfully clings to seventy per cent.
Why does he do this? Why is this parade here? To show that
he hesitated to violate the law? To show that he never mistook
its provisions, and, for a time, was determined to stftnd by them ?
The attempt to show this, even if it be false, or the introduction of
the testimony, if it be true, lets the light through this shabby,
flimsy pretext of mistaking the law. Here, at last, we find him
acknowledging that, before he violated the law, he knew the aot
he contemplated to be unlawful. He refuses to yield; and then
they would have you believe St:2vens, with an assured profit of over
twelve thousand dollars, even at seventy cents, tore up the contract!
Stevens and the Auditor and Secretary seem, by their account,
to have had a desperate encounter. They waxed wroth on either
side; but no blood was spilled, and the State only suffered. This
tearing up of receipts — this giving over of bonds — was a cheat and
A sham — just such a cheat and sham as these three would have
concocted, had they been conspiring to defraud the State, as we
828 PBOCEBDIHQB IN THK
ebai^ ; but admit it all, and it but sbows that he knowingly, in-
tentionally and willfally riolated the law. Finally, all his fastidioui
Bcmples overcome, this remarkable document ie executei :
This certifies, that we have employed and constituted R. S. Ste-
vens an agent on the part of the State of Kansas, to negotiate and
sell all the seven per cent, bonds of said State, issued in accordance
with the provisions of an act of the Legislature of the State of
Kansas, approved May 1st, 1861, and an act supplementary thereto,
approved June 8d, 1861, authorizing the issue and sale of one
hundred and fifty thousand dollars of the bonds of said State; and
we hereby agree to give him, for his services as such agent, all and
whatever amount of money he may receive for said bonds over and
above sixty cents (60 cts.) on the dollar; that is to .say, for all the
bonds belonging to the State, which the said Stevens may sell, he
is to pay into the State treasury the sum of sixty cents (60 cts.) on
each and every dollar.
Witness our hands this 8d day of December, A. D. 1861.
JOHN W. ROBINSON, Secretary of State.
GEORGE S. niLLYER, Auditor of StaU.
This instrument is variously interpreted by the parties. Mr.
Hillyer says that he and the Secretary considered the contract a
sale to Stevens of the bonds; but their notions of the force of lan-
guage have been shown to be remarkably confused. I care not
^ which shape this modern Proteus may assume — purchaser or agent
— the fraud and illegality clings to the transaction still. When he
put his name to that paper — ^he, a sworn officer of the State, viola-
ted his official oath ; violated the laws he was especially bound to
respect and execute, and betrayed the interests of the people who
had honored him with their confidence. Call it recklessness — call
it carelessness — call it any thing — and yet, with this act recorded
against him, whatever your verdiot may be, he cannot go forth from
this trial, as his counsel proposes to send him, ^'pure and stainless,
without the smell of fire upon his garments.'' This very receipt,
contract or nameless thing, mentions the very law which it violated.
Stevens binds himself to nothing. He makes no contract or stipu-
lation on his part. No bond here to save the State harmless. We
have only the personal responsibility of Mr. Stevens to look to for
the money, out of which we believe the State has been defrauded.
Has not the State suffered wrong in this? But this is not enough.
A sort of letter of attorney is needed before Stevens can be fully
IMPXAOHIIXNT CA8X8. 82^
accredited to use the name of the State for his own parposes. This
docnment needs the signature of the Grovemor. He is not prosent
He has, as the testimony shows, refused to sanction any sale for less
than seventy cents; and yet John W. Robinson makes another
patriotic sacrifice, and signs the name of the Goyemor to this paper,
which is to be used in furtherance of a scheme to sell the bonds at
sixty per cent. Here we might well pause to permit Robinson and
Hillyer to retire for a few moments, and express to each other the
entire innocence of their intentions. They have, unfortunately,
omitted any special declarations, as to the honesty of this transac-
tion. This letter, the one bearing date the 25th of October, pur-
porting to be signed by Oovernor, Secretary of State and Auditor,
was a matter of no little moment in this transaction. Secretary
Smith says, upon the faith of that letter alone, he conducted his
negotiations with StcTens as the agent of the State. It was made
and signed in Washington, somewhere between the first and fifth of
Pecember. It bears date at the city of Topeka, on the 25th day of
October. Why was the QoTcmor^s name signed? Because it was
essential to carry out this scheme — ^to further this fraudulent and
illegal transaction. Why was it antedated? It was in order that
the fraud might not be suspected or disooTcred, if it should be
ascertained that the (JoTemor was in Kansas, and not in Washing-
ton. Tell not of the equality of your laws, when the poor, ignorant
beggar's mouth is closed, and he is precluded from showing what
dire and terrible necessity drove him to the commission of a crime,
mayhap to prolong his miserable existence ; and these State officers
— men in high places — ^men intrusted with the execution of your
laws — are allowed to. produce here their manufactured hopes and
fears — ^their concocted intentions — their shameless pleas of igno-
rance and mistake — ^to avert the just punishment of their misde-
meanors! Thus fortified, Stevens, with the constant advice and
assistance of the State officers, sells the bonds at eighty-five cents
on the dollar. This defendant and his colleague become suddenly
inspired with an energy in singular contrast with their torpidity,
during the preceding weeks. Now, may it please this honorable
Court, where is the first word of legal or competent testimony tend*
ing to show that Hillyer and Robinson might not have sold these
bonds without the assistance or intervention of Stevens? We have
the unsupported and somewhat interested opinion of Stevens on the
point. We have the testimony of counsel in their congressional
experiences.
880 PROOSSDIlfOS IN THS
Mr. Stanton. — ^I did not tMtifj.
Mr. Stinson. — ^I meant this remark in no diarespeotflil sense. I
referred to the congressional experiences irhich I understood you
and GrOY. Shannon to fayor the Court with.
Mr. Stanton. — ^The Attorney General is mistaken ; I gaye no
congressional experiences.
Mr. Stinson. — Then I will throw the burden on Gov. Shannon.
He must stand it, for he is not here to defend himself.
The only reason seems to be that they understood from Senator
Pomeroy that they better not try. Take this testimony together,
and if it all be true, that distinguished senator seems to hare been
drawn into the meshes of this web of conspiracy and fraud. H«
testified, in his deposition, that he is ^^a laborer/' The scripture
says " the laborer is worthy of his hire." Let us, for the honor of
the State, if we can, so liberally and charitably construe this testi-
mony, as to exclude the idea that the laborer received his hire in
this transaction. Even this allusion may do injustice to an inno-
cent man ; but he who touches pitch must be defiled. The people
of the State will gratefully accept, and, at the same time, earnestly
insist upon a full explanation of Mr. Pomeroy's connection with
this transaction.
For his services Stevens received twenty-five dollars for every
sixty which was paid the State. What were these services f Mr.
Stevens has been upon the stand, but his lips were sealed. The
vague conjectums of oounsel, which hint at dark and even dishonest
work, are our only guide. Has the State of Kansas fallen so low,
that to sell her first issue of bonds, she must resort to tricks and
dishonest practices? If the selling of the bonds could be fairly,
openly and honestly done, then it is admitted this defendant and
Hillyer might have sold them. If they could not be so sold, no
public officer had a right to mingle the name of the State in a
scheme concocted with iniquity and fVaud. Again, I protest against
these covert insinuations which so meaningly and darkly hint at
the all-pervading atmosphere of corruption about the public offices
at the national capital. This government is hardly worth the blood
and treasure which is being poured out like water for its preserva-
tion, if it can be approached only through chicanery and corrup-
tion. This money, so received by Stevens, is, according to the
latest interpretation, compensation for selling the bonds. It may
have been compensation, but there was a great deal of it. There
mraAOHianiT oasis. 881
is no ftuthority in the kw Mjwhere authoriiing the employment of
sub-agents by the Stste officers in this transaction, and no provisions
made for their payment. True, the original act says the expenses
of selling may be dednoted from the amoant reoeired, bnt the snp*
plementary act, under whioh this defendant got his authority, pro-
vides that all the money received from the bonds shall be paid
directly into the State Treasury. These men could not touch a
dollar, or a dime, or a cent of that money, for expenses, or anything
else, until the Legislature authorised them to do it. Waiving this,
however, what does the word '^expense" mean is this connection?
Does it mean wholesale bribery? Does it mean the lavish out-
pouring of money for the purposes of corruption ? It means legiti-
mate and neoessaiy expenses, incurred, by the proper officers, in
traveling, and otherwise, for the purpose of selling these bonds.
Compensation is a new word for this thing, sii^gested by the
ingenuity of counsel. Hillyer and Robinson, who seem to have
exercised no little skill in manufacturing a defense, never dreamed
of this novel and amusing idea. They say they sold the bonds for
sixty per cent, which, being intepreted by counsel, means they sold
them at seventy per cent, and gave ten per cent, for selling. This,
indeed, is strategy. All we know is that the State, through the
oontraot of this defendant and Hillyer, agreed to part with all its
property in these bonds for sixty per cent., and that this was what
the State received, leaving the legitimate expenses of the sale unpaid,
as Mr. Hillyer testifies.
I must recall one statement. We have before us a monument of
the services rendered by Mr. Stevens to the State, and for which he
was so generously compensated. He made a contract with the
Seoretaiy of the Interior by virtue of that letter of attorney and
credit, with a false date and a spurious signature. That contract I
must read :
It is agreed, between the United States, by C. B. Smith, Secre-
tary of the Interior, and the State of Kansas, by R. S. Stevens,
Agent of the State, duly appointed to sell the bonds of said Stale,
that the United States shall purchase the bonds of said State, dated
July 1, 1860, and payable in fifteen years, in the State of New
York, with interest at the rate of seven per cent, per annum, pay-
able annually in New York, to the amount of one hundred andflffy
thousand dollars, and which is the whole amount of the issue of
said bonds, and which bonds are to be paid for at the rate of eighty-
five per cent, of their par value.
892 PBOOEBDIUQB IN XOX
195,600, of fudd bonds are deliyered to the Seoretary of the
Interior at this time, and he has paid to the State of Kansas, on
aoooont of the same, the snm of $65,000 ; and no further sum ii
to be paid until the residue of said bonds shall be delivered, when
the balance of the purchase money shall be paid.
CALEB B. SMITH.
R. 8. STBVBNS.
Department of the Interior, Dec. 19, 1861.
The State of Kansas is here used for the purposes of Mr. Steyena'
speculation. But eight j-seven thousand dollars of bonds were at
that, time the property of the State, and as to the rest of the one
hundred and fifty thousand dollars, Mr. Stevens has transformed the
sovereignty into a stock-broker. Eighty-seven thousand dollars of
these bonds are now in the Department of the Interior. We have
received pay for but about fifty-six thousand, and under the con-
tract we cannot receive a dollar for the remaining thirty-one thou-
sand until we go into the market and buy up our own bonds and
fiilfil our contract. It is hard enough upon the people to pay the
taxes necessary to support the government without raising a capital
BOW to purchase back her bonds, at par, which she issued within
the year at seventy per cent. We cannot rescind the contract, for
we have not the money we have received to pay back. Thus ingeni-
ously has this financial agent of the State conducted our matters,
under the eye of the Auditor and Secretary of State. So long as
Stevens got twenty-five per cent, on fifty-six thousand dollars he
was safe. If he could complete the contract advantageously, he
would do it, and appropriate the profits. The agent was to receive
all the profits and the principal to bear all the losses. They eon-
nived the idea of selling these bonds to the Seoretary of the Inter-
ior before they left for Washington, yet they were as silent as the
grave. This defendant, in his communications, sets the seal of
secrecy on the lips of his confidential clerk and friend, Weer. His
letters are in evidence, and his counsel dwell with charming earn-
estness on their pious tenor. Let them have all the benefit of his
patriotic invocations to the Deity, and then these letters show a
singular anxiety to keep from the people of Kansas a transaction
in which every one of them was as much interested as the defend-
ant. If their business and intentions were honest would they have
feared publicity ? What harm would it have done if every bond
issued by the State, and in the hands of private parties, had been
sent to Washington, or even to the Secretary of the Interior 1 His
IMPIAOHMSKT 0A8S8. 88S
object was to seonre the control of the whole issue. This object
certainly would hare been facilitated, rather than retarded, by hay-
ing it known that the people could get eighty-fire per cent., or any
other reasonable price^ for the bonds which they held. The Secre-
tary of the Interior did not advise secrecy. His negotiation was
the pnblic act of a public officer. No I this secrecy was another of
those indices which mark the character of the whole transaction.
It had a double purpose. To preyent the remonstrance and inter-
ference of the people, and to forward the scheme of their real prin-
cipal, Mr. Steyens. If the matter could be kept a secret, Bteyens
could buy up the bonds, and in the name' and by the authority of
the State, fleece individuals as he had already the community. It
shows the complicity and the conspiracy which we have charged.'
The bonds remain the property of the State, subject to the uncer-
tain and shifting claim of Mr. Stevens upon them, up to about the^
20th of December. These bonds were dated in July, 1861, with
coupons for the semi-annual interest. The first of these ooipons
become, by their terms, due on the first of January, 1862. TheB»
coupons are generously intrusted to Mr. Stevens by the State oftoen.^
They make no inquiry or stipulation in regard to them when they
consent to receive sixtyper cent. Stevens sepamtes the oonpona
from all the bonds and pays the amount of them, himself, out of
the sixty per cent, coming to the State. This amounts to the prett|r
sum of three thousand dollars. The honesty of this transaotio*
has, thus far, failed to find a vindicator upon this fioor. You — ^th#
people of the State — ^have paid three thousand dollars interest oa
bonds which were constructively in your own treasury.
While these transactions are being consummated, these men, thea
present, in the eye of the law, managing the whole matter, say thai
they did not know what Steyens was getting for the bonds — did nol
know to whom or when he sold them, although they suspected— -did
not know what became of the bonds — in fact knew nothing but
Stevens. If you believe these men, the heathen fatalist, before his
wooden idol, had more of "free agency'' than they in the presence
of Stevens. Olay, in the hands of the potter, was not more plastic
than they. Stevens' offer and contract were among the publie
records of the Interior Department. They, the legaUy accredited
agents of the State, employ a subordinate, giying him all their
powers, and more than they ever possessed, and never by word or
sign sought to know how he was exercising those powezi , or t^
•lamine the stipulations made by him, on behalf of the State.
SSi PROCSSDINaS IM THS
They neyer eyen aaked Stgyens. Their crwn private bonds were in
StevenB^ hinds, and yet, such was their childlike confidence, they did
not even ask or inquire in regard to them. All this may be true ;
but if true, was not their blindness willful — ^their carelessness pre-
meditated and criminal ? A man may not plead his ignorance of
fact, when it is his duty to know and he has ayoided knowledge.
They are estopped from denying that they did not know this whole
transaction. The means of knowledge were within their reach and
they willfully shut out the light. We have a right to say they
knew it, and they have no right to deny it. To Topeka they return
before the session of the Legislature, and yet, within the annual
message of the GKiyernor, or in the report of the Auditor, is there
o*e word about this great financial achieyement? The first report
of this transaction^ which reaches the representatiyes of the people,
eomes through rumor, and not, till the aid of the machinery of an
uiyestigating committee is inyoked, are the facts and terms, in regard
to this arrangement^ brought to light. Thus the prominent features
of thb branch of the case present themselyes to my mind. I would
be willing to risk the case on the gentlemen's own interpretation of
die law, and leave it with you, who have followed me through the
dark and devious ways trod by this defendant^ to say if human
testimony, in such a case, can establish moral guilt, whether he is
not morally as well as legally guilty. Remember the source Arom
which our evidence has, of necessity, been drawn. Every word of
Hillyer, which implicated Robinson, implicated himself, and the
instinct of self preservation is too strong, at least in a weak man's
breast, not to influence and color his testimony. Such operations
do not beget honesty, as is evidenced by Hillyer's transaction with
Weir. He took his bonds to sell for him. He got seventy per
cent for them — ^paid Weir sixty per cent.; and theui after the
investigating committee met, and he was about to be exposed, he
pud the other ten per cent.
StevenSi so prominent in all this sohemCi would hardly be dis*
])osed to betray his tools. Men who contemplate crime, make no
public proclamation of their intentions on the street. To cover
their tracks is their aim. Like all conspiracies, this one is difficult
of proof. They can never be shown by positive testimony, but
must always be wrought out from circumstanoes. But we are tdd
that we have failed to prove a motive— we have traced no money
into this d^fendant'^pocket. Inever, for amomefit, dreamed that,if
IMKAOHlffmT OAtBB. dSS-
tkeae men had been paid to aansl in deft«ading the ^ State, thej
wonld confess it. I know not that they reoeiyed a single dollar ;
it is not material as affecting the question of their guilt, although
it might change its degree. It may have been a suggestion — a
nod— a hint. It may have been oonreyed in some such ingenious
way, that these gentlemen, so liable to mistakes, haye mistook its
source. They may^ wiUi criminal and careless- prodigality, have
emptied the coffers of the State into the pockets of their friend..
The great, black fact is, that the State, through the instrumentality
of this defendant, has been defrauded.
If, then, I hare succeeded in shewing you tkat the law forbid
the sale of these bonds at less than seventy per cent., that John W.
Robinson sold them for less than serenty per cent., and that he
intended to sell them for less than seyenty per cent., I claim that' I
have made out a case of misdemeanor in ofice, substantially aa
charged in the first Article of Impeachment. In pronouncing him
guilty, you do not say that eveiy allegation is proved, but you do
say that enough of the matters charged in the article have been,
proved to constitute a miBdemeaaor. This is Uie rule even in an
indictment, and it is every where laid down that charges preferred
upon trials of impeachment are to be construed with the utmost
liberality. But I claim that we have proved every word of this
article. If we have not, by facts and oireuaastaaees, shown a guilty
knowledge on the part of Uiis defetadant, we have placed him in a
position where the law charges him with knewledf^B. At any rate,
he knew that the beiid8 could be sold for more than sixty per cent.,,
aa wc halve proved by all the cireumstaftees, and h^. the testimony of
Billyer» We are not bound to dbow that he knew- the price to a.
cent, as we have charged it^ say. more than is the prosecutor in an«
indictment for larceny bound to ehow the value oi the article stolen,
to be as alleged. Does not the evidence show that this illegal act
was done secretly, as charged in. Article 2 J, Upon the same prlnci^
ple9 for which I have contended. tha( the charges in the first article
are made out, I claim that you must, convict under Article 8. We
have made out a misdemeanor substantially, if not literally, aa
.charged in thia article* . The gist of the offense here charged, is
t^at he permitted StcvonB to tal^e the coupons^ the property of the
StattCi and conv<^ them into . money for his own, use. The only
defense, is tecih^iagal, not aabvUntial. They seek an acquittal upon
immaterial di^ta, and not upon the facte.
Article 4, charges a misdemeanor. It charges a usurpation of
3S6 PROOUDINQB IN THB
power in offie^ and there is no pretense that it is not proved. That
there was a oonspiraey substantially as charged in Article 5, this
testimony indubitably establishes. How else can you reconcile the
t^onstant intermeddling of Sterens with these bonds — ^the lack of an
attempt even to sell them to any other person-^-the mysterious trip
to Washington — Sterens' equally mysterious appearance there — ^the
illegal contracts, willfully entered into between him and Hillyer and
the defendant— the feigned signature of the Oovomor to an instru-
ment in aid of their illegal enterprise — ^the secrecy with which it
was conducted — ^the earnestness with which this defendant devoted
himself to Stevens' interests — save upon the hypothesis that there
was a preconcerted arrangement and agreement between these
parties to do what they did.
[Mr. Stinson here read authorities, and commented upon the law
in regard to conspiracy.]
Take this testimony and weigh it carefully, and ii under the law
and the evidence you can say <* not guilty" upon these charges, then
so be it But if you are disposed to exercise the quality of mercy
t6wards this defendant, remember that mercy to him may be cruelty
to the State, and that this midahe unpunished may be but a piece-
dent for others, and the next Legislatore may have to investigate
another and additional issue of one hundred and fifty thoutend
dollars of bonds, made under a mistake of law, equally plausible
with the one which is attempted to be shown here.
While on the subject of bonds, may it please the Honorable
<;ourt, I will depart from the order in which the articles are num-
l>ered, and beg your attention to the charge in regard to the war
bonds, contained in Article 6. The h/ots averred in this article an
not denied. This defendant did countersign fbrty thousand dollais
of war bonds. The law und^r which these bonds were issued, mads
as follows :
Chaptbr Lin. — ^An Act to authorise the State of Kansas to
borrow money, to repel invasion, suppress insurrection, and to
defend the State in time of war.
3e ii enacted py the Legidature of ike State of Katuae :
Section 1. That the treasurer of this State be and be is hereby
authorised, to borrow the sum of twenty thousand dollars, or so
much thereof as may be necessary, to repel invasion, suppran insur-
rection, and to defend the State in time of war; but the money thus
raised shall be applied exclusively to the object for which the loaa
Is hereby authorised.
IMPBAOHlfJUIT OA0B8. 887
See. 2. That the treaanrer shall prepare bonds, in annul net leaa
than three hundred dollars, to the full amount of said loan, with
suitable devices, to prevent counterfeiting ; which said bonds shall
be signed by the Governor and Treaaurer, countersigned bj the
Seoretaiy of State, and shall have the seal of the State of Karnna
attached, and registered by the Auditor of State, and shall be paya-
ble in two years from the time said loan shall be eflbcted, and shall
bear interest from said time, at the rate of ten per cent per annum,
Haid interest payable annually at the office of the Treasurer of thin
State.
Sec. 3. That the loan authorised herein shall be msde upon the
bonds specified and provided for in section two of this act.
Sec. 4. It shall be the duty of the prq|>er officers of State to cause
to be levied and collected, each and every year^ a tax sufficient to
pay the annual interest on said debt ; and the principal thereof,
when the same shall become due, and the proceeds of Raid taxes are
hereby specifically appropriated to the payment of said principal and
interest.
Sec. 5. The faith and credit of the State of Kansas are hereby
pledged for the repayment of said prineipal and interest, when the
ume shall beoome due and payable.
See. 6. That this act shall take effect and be in force firom and
.after its publioalion ) and, immediately after this act shall receive
the signature of the Governor, it shall be the duty of the Secretary
of State to publish it in some newspaper published at Topeka,
Kansas, at least one time, which shall be deemed a sufficient pub-
lication.
Approved, May 7| 1861.
It would seem that a law so plain would hardly need the ud of a
legal interpreter, and that all efforts, to find a meaning different
from that so simply expressed, must result in confusion. By com-
parison with the law in regard to the seven per cent, bonds, it will
be seen that that act was '^ to authorize the negotiation of bonds."
This is " to borrow money." The treasurer is authorised to
borrow twenty thousand dollars. The loan ereated by borrowtng
twenty thousand dollars is of course twenty thousand dollars. The
treasurer is authorised to prepare bonds to the '' amount of said
loan.'' Yon authorise a man to borrow one hundred dollan for yom^
and give your note fbr the amount tff the loan, could he, under thalf
authority, okimthat he had a right to sign a note fcr three kundred
388 p&ooxsDuro8 ir ths
doUaiSy and aell it for oii<a hundred ; yet that ib tkis case. From
oontemporaneons acta let oa gather the intention of the Legislature.
The seyen per cent, bonds were payable in fifteen years. The war
bands to be issued for money borrowed were payable in two years
£Eom this date, with interest at ten per cent. The Legislature
limited the price of the seven per cents, at seventy cents on the
dollar, and ean it be belieyed that they intended to put it in the
power of any person to dispose of the war bonds at forty per cent ?
Qov. Shannon has called the attention of the Court to act of Con-
gress passed in 1814. While there b some similarity between the
first section of this act^ and the first section of the one now under
examination, yet it will be seen that the whole tenor and contem-
plation of the law are diffei^nt. The Secretary of the Treasury is to
receive bids for the bonds to be issued, and to report to Congress the
amount for which they shall be sold. There are no such provisions
in our law. Even the gentleman's congressional researches have
friled to show that the Secretary of the Treasury issued more than
the amount of the loan. Here forty thousand dollars of bonds
have been issued under this law^ and they have derived their
authenticity and vitality from the act of this defendant in placing
his official signature — ^his warrant of their legality and genuineness
upon them. Yet, it is claimed, that as he is a mere ministerial
afficer, in thia particular, it waa his duty to sign everything which
was brought to him. (Jov. Shannon brings here a '*strag^ing
Missouri case/' and we are obliged to trust to the infirmity of human
recollection for the report, to support the monstrous doctrine that
even though this law did not authoruBC the issue of more than
twenty thousand dollars of bonds, yet the courts, by mandamus,
would compel the ministerial officer whose duty it was to sign these
bonds, to sign as many as might be brought to him, r^;ardlesa of
the law. Suppose Robinson, when he had signed twenty thousand
dollars of war bonds, had refused to sign more, b there any judge
b Christendom, or in heathendom either, who would have com-
pelled him to lend hb aid to a plain violation of law.
Let us hope, for the credit of Missouri, that she has heresuffisred
from the misconceptions or the lack of recollection of her reporter
in thb behalf.
I have alwaya snppoeed that even miniaterial oflieers were ae-
eomtabls beingi, and I know they have bean so held every where,
^seapl^ perhsfa, in Missouri. These bond«, to be isBoed formonej
IHFBAOHMSIfT 0A8B8. 889
bovrowed, were aaerifioMi, to the man who hai racked out the finao-
oud lifts of the State, at forty per cent. Thirty-one thousand were
0old, and the j yielded^ when melted down in StcTens' patent crucible,
twelve thousand four hundred dollars. But we are told that we
have virtually abandoned this charge, because the House did not
impeach Button, the Treasurer, who in this defense figures as the
greater criminal. I know not what induced the House to stay its
hand, when Mr. Dutton was reached. Perhaps they were weary of
their labors in cleaning the Augean stables of corruption into which
the ezeeutiye officers of the government had been converted.
Perhaps this simple lapse of the TreasuMr seemed almost a virtue
when compared with the iUegality—the fraud — the corruption which
seemed to mark every step of this defendant's official career. At
any rate, this defendant cannot be lugged out of this court on the
broad shoulders of Treasurer Dutton
*' JU Bbmm old AseliifM bon."
Has the State suffered any damage by this act 1 These bonds
were sold in June — thirty-one thousand dollars of them. They are
payable in two years, that is, in June, 1868. Two years interest, at
ten per cent., will then make the whole debt over thirty-six thou-
sand dollars. For the use of twelve thousand four hundred dollars
for two years, the poor struggling State of Kansas has to pay over
thirty-six thousand dollars— one hundred per cent. Tes ! we were
paying one hundred per cent, on over eight thousand dollars of this
money, when it was constructively, at least, in the Treasury from
June to January.
Gov. Stanton. — But the expenditures which, this loan was intended
to meet had been made.
Mr. Stinson. — ^I know that may have been, but the money was
there, and the people were paying one hundred per cent, on it.
Four thousand dollars for the poor privilege ^ having eight thou->
sand being idle finr six months in the Treasury. Away with thia
shabby plea of State necessity, and let thia scandalous infamy out
in the light. Oo home, if you in cpnsoienoe ean^ aiid tell to the
poor farmer, who out on the lone pndrie, through sun-shine and
storm, is enduring toil and deprivation^ that he may rear for himself
and family a. home — go tell the labdter, b^nding^over his mai^ tasks,
ihat he may efce out painfUlly his own and his ehOdnaf s daily
bread, that though the law has been violated — ^Ihe Treasury plun^r
dered-— usel^fli debts inoiumd, and the fltaite%ou|id t^ the payneni
MO PBOCBSDIMOfl IN THB
of intereflt at one hundred per oent., end that taxes for all these
things are to be added to their heavy burdens, and yet you ean find
no guile in these State officers. These bonds were worth par — ^they
were sold at ninety-five per cent., and yet all sorts of incompetent,
irrelevant and pointless testimony has been adduoed here to show
that they had no value.
I leave the sixth article with you, without comment.
Upon the last article, I have but a word te offer. To borrow
a metaphor from Gov. Shannon, this printing business is but a
shrub of rascality, growing at the foot of the stately mountain
of fraud, we have been explonng. Tho well known and almoei
proverbial proclivities of printers to fatten off the public printing,
induced the framers of th^constitutipn to attempt to prevent the
evil, by providing that the public printing should be let to the
highest bidder. The object being to i^cure competition, and pre-
vent extravagant prices being paid. We find in the transaction
referred to io the last article, that this object was hardly attained.
Trask & Lowman had bid for the State printing — their bid wss the
lowest, and they were entitled to the contract. They handed in a
good bond, to secure the faithful performance of their contract.
Gov. Shannon here takes fire, and in a strange and most incompre-
hensible manner charges down on Trask k Lowman with wholesale
accusations of fraud. He talks like an expert — says the bid was
too low, and was put in to cheat somebody else. The only reply to
all this is, that theie is no testimony showing or hinting at jmy
fraud on the part of these men. I will put my testimony against
Gov. Shannon in this matter, and answer for them as honest men in
this transaction. Having got the bond in the office, we have to rely
on the testimony of Mr. Oummings, who though a good, is not what
is termed a swift witness. He is not one of those communicative
gentlemen; who rush into a court of justice and unbosom them-
selves of all they know, unsolicited. He is indeed reserved ; yet
he faithAilly, and truly, I doubt not, answered all my questions.
Prom him we learn that this bond of Trask k Lowman caused no
little trepidation among the erafl. Quite a number of those inter-
ested met in the Secretary's office, and there openly — the Secretary
being sometimes present — ^were endeavoring to persuade Trask to
withdraw his bond— the bond which he had no right to withdraw,
beoause it had become the property of the State. While this eveiy
way appropriate disousaon is going on, the bond lies conveniently
•o a table, within reaoh. The bond disappears, and Oummings,
IMFKAOHMSKT CA8X8. 841
friih tlie eOBMnt of the SeeretMry, nuMs kis bid from sixty-fire oenti
to one doUer per ^oiuMuid ems.
If notking more, this transactioo shows the extreme recklessness
with which the business of the office of this defendant was managed.
And now my task is done ; and, in eonclnsion, I can bat again
express my regret that the House of Representatives and the State
of Kansas have not been more ably represented in this important
branch of the proceeding. If the evidence does not convince,
beyond a reasonable doubt, of the guilt of this man, then send him
forth to the world with every stain upon his fame wiped away, and
give him the benefit of that sympathy which is the due of a
wronged and persecuted man. But be just to the State, as you
are merciful to him, and if his crime — ^h» misdemeanor — ^is proved,
sternly pronounce your righteous judgment. If the guilty now
escape, corruption will boil and bubble in your State government,
until the people shall rise, in their majesty and might, and, with
relentless hands, purge and purify their offices. If this defendant
b guilty, I stand here for the people of Kansas and demand your
judgment. If he is guilty, brand him with your blighting con-
demnation; and let him stand, like the tree which Christ cursed on
his way to Jerusalem, blasted, blackened, and withered — a monu-
ment and a warning, in all coming time, of the just yet terrible
retribution which the State of Kansas inflicts upon her unworthy
and faithless officers.
On motion, the Senate adjourned. ,
TBNTH DAY.
SXNATX OhAMBSR, )
Thursday, June 12, 1862, 9 o'clock A. M. J
The Senate of the State of Kansas, sitting as a High Court of
Impeachment, met pursuant to adjournment.
President in the chair.
Boll eailed. Quorum present.
Absentees — ^Messrs. Hoffman, HoUiday, Lappin, Lynde, HoDow-
•11 and Morrow.
Journal of yesterday read and ^iproved.
MB PBOaU0INW IN XBM
On motion of Mr. Oobb, the Senate went into ezeeniiTe
for the conflideration of the case of State of Bjuisas against John
W. Bobinson.
Afternoon spent in execntive session.
On motion, Senate adjourned.
ELBYENTH DAT.
Senate Chambbb, \
Friday, June 18, 1862, 9 o'clock, A. M. j
The Senate of the State of Kansas, sitting as a High Court of
Impeachment, met pursuant to adjournment.
President in the chair.
Boll called. Quorum present.
Absenteesr-Messrs. Bssick, Hoffman, Hubbard, Lynde, Morrow,
Sleeper and Stevens.
Journal of yesterday read and approyed.
On motion of Mr. Ingalls, the Senate went into ezecutiye session
ibr the further consideration of the case of the State of Kansas
against John W. Robinson.
After some time spent therein, the doors were thrown open, and
the Senate resumed its usual order of business.
On motion, the hour of three P. M. was appointed for a final
decision of the case of the State versus John W. Robinson.
On motion, the Senate adjourned.
AFTERNOON SESSION.
Two o'oLoeK P. M.
The Senate met pursuant to adjournment.
President in the chair.
Roll called. Quorum pteeent.
IMPSAOHMBNT 0A8M. 84S
Mr. BteTena called for the reeding of the report of the special
coDimittee on printing.
The Secretary then read the report.*
Mr. Ingalla. — ^Ma. President : It ia my opinion that, after the
presentation of this resolution, the whole matter was referred to the
committee on printing, of which I am a member. No action hu
been taken bj that, committee, and, to my knowledge, they have
not held a meeting since. It will be remembered that, on the same
day after this report was presented, the reporters, appointed by the
President, sent in their resignation, on the ground that it would be
impossible for them to prepare the matter for the use of the printers
each day, as required by the resolution. There the matter rested;
and I do not think this work can be placed in the hands of the
printer, without some further action on the part of the Senate.
The President. — ^The Senator is correct in his statement. At the
same time a suggestion was made by the Senator from Leayenworth,
Mr. McDowell, after the statement was made by the reporters, that
the depositions and testimony be prepared and printed as fast as
possible, for the use of Senators. The Senate acquiesced in this,
and I, therefore, employed copying clerks, and placed the matter im
the hands of the printers.
Mr. McDowell. — ^I introduced a resolution to the effect as stated
by the President; but as the Senate agreed to the suggestion therein
contained, it was not voted upon.
Mr. Sterens. — Mr. President : My object in calling attention
to thb subject, was to ascertain the position in which Senators con-
sidered it stood. I met Mr. Cummings, the printer, in the hall of
the Ritchey Block; after the adjournment of the session this morur
ing. I spoke to him in relation to the printing of my own testimony
— a matter which Senators will remember came before them. I was
informed that Mr. Cummings had not receiyed any of the copy of
that testimony, and stated to him that the Senate did not wish it
printed. Mr. Cummings disputed the right of the Senate to control
the printing, after it had been put into his hands. Supposing it to
be perfectly competent for the Senate to control its own printing,
or to suppress matter not already published, I determined to bring
the subject before the Senate. I haye no action to propose, and am
perfectly satisfied with the explanation of the Chair.
844 PROOKKMIVGS IN THE
The oaae of tlie impeaohment of John W. Robinson, Secretarj of
State of Kansas, was then resumed.
High Court of Impeachment. ^
State of Kansas, I
against |
John W. Bobinson. j
The Managers on the part of the House of Representatires at-
tended, aooompanied by the Attorney General, Hon. S. A. Stinson.
John W. Robinson, the respondent, by his counsel, also attended.
By the President pro tern. — The hour of three haTing arrived,
the Senate will now pronounce judgment in the case of John W.
Robinson, Secretary of State for the State of Kansas.
The first Article of Impeachment was read by the Secretary pro
tern. The President pro tem. then took the opinion of the members
of the Court respectively, in the form following :
Mr. , how say you ? Is the respondent, John W. Robinson,
Ouilty or Not Ouilty of a High Misdemeanor, as charged in thu
Article of Impeachment ?
The following gentlemen voted Guilty, in response to the Chair:
Meesrs. Bayless, Cobb, Connell, Curtis^ Bssick, Holliday, Hubbard,
Keeler, Knowles, Lambdin, McDowell, Osbom, Rankin, Rees,
Roberts, Sleeper and Spriggs — ^17.
Those voting Not Guiltt were Messrs. Barnett, Ingalls, Den-
Bian and Lappin — 4.
When Mr. Bayless' name was called, he rose in his place and
said:
Mr. President : — I vote Guilty upon these charges for this rea-
son : Where the respondent, John W. Robinson, is charged with
knowing what Mr. Stevens, his agent, received for said bonds, vis :
eighty-five cents on the dollar, the law holds that John W. Robin-
son is presumed to know what his agent, Mr. Stevens, sold these
bonds for, to wit : eighty-five cents upon every dollar of said bonds.
When Mr. Cobb's name was called, he rose in his place and said :
Mr. President: — ^I hold it due to myself to state that I believe
this article to charge a breach of oflicial trust, and in that light I
vote Guilty.
When Mr. ConnelFs name was called, he said!
Mr. President: — I vote Guilty for these reasons: l«t. That
John W. Robinson employed an agent to dispose of these bonds
IMPXAOHMXNT CA8I8. 346
witiiMit aathoriiy of law, and in bo doing he became responsible for
liiB acts. 2d. That if Stevens acted as agent of the State, he wai*
morally and legally boand to return to the State the whole amonni,
«igkty4lTe per oentum, for which he sold the bonds; if he was not
the agent of the State, and had bought the bonds of the psrties
authorised to dispose of them, they were certainly guilty of misde«
meanor, in disposing of them contrary to law. 8d. That in consent-
ing to receiye sixty cents on the dollar from Stevens, whether as-
agent or owner of the bonds, they violated the law, knowingly and
willfully, and are, therefore, responsible.
When Mr. Keeler's name was called, he rose and said :
Mr. Pbxsidxnt : — ^My reason for voting Guilty is that I believe
John W. Bobinson guilty of a breach of official trust.
When Mr. Stevens' name was called, he rose and said :
Mr. Prxsidsnt : — I respectAilly ask the Senate to excuse me
from voting. I ask this, sir, not because I have any doubt what-
ever of the innocence of the respondent, for I have no such doubt }.
but because I am charged, in the article, as being a joint actor and
participator in the commission of the alleged High Misdemeanor,
and my vote would be, indirectly, judging upon my own acts. For
this reason alone, I ask to be excused.
Mr. Stevens was excused from voting.
Whereupon, the President declared that seventeen Senators hav-
ing voted Guilty and four Not Guilty, John W. Robinson is pro-
nounced, by the Senate of the State of Kansas, Guilty of the charges*
contained in the first Article of Impeachment exhibited against him
by the House of Representatives.
The Secretary then read the second Article of Impeachment, and
the President proceeded to take the opinions of the court in the
preceding form.
The following gentlemen voted Guilty in response to the Chair :
Messrs. Bayless, Cobb, Curtis, Knowles, Lambdin, McDowell,
Oebom, Rankin, Roberts and Spriggs. — 10.
Those voting Not Guiltt, were Messrs. Bamett, Connelly
Denman, Essick, Holliday, Hubbard, Ingalls, Keeler, Lappin, Rees
and Sleeper. — 11.
Whereupon the President declared that ten gentlemen having
voted Guilty, and eleven gentlemen not Guilty, John W. Robinson,
Secretary of State, is acquitted by the Senate of the State of
346 PBO0ESDINO8 IN THE
Kansas of the oliarges as contained in the second Article of Im-
peachment, exhibited against him by the House of Representatives.
The Secretary then read the third Article of Impeaohment, and
the President proceeded to take the opinion of the Court in the
previous form.
The following gentlemen voted Guilty in response to the Ohair :
Messrs. Cobb, Curtis, Essick^ £nowles^ Lambdin, McDowell, Rankin
and Spriggs. — 8.
Those voting Not Guilty, were Messrs. Barnett, Bayless, Gon-
nell, Denman, HoUiday, Habhard, Ingalk, Keeler, Lappin, Osbom,
Rees, Roberts and Sleeper. — IS.
Whereupon, the President declared that eight gentlemen having
Yoted Guilty, and thirteen gentlemen Not Guilty, John W. Robin-
son^ Secretary of State, is acquitted by the Senate of the State of
Kansas of the charges as contained in the third Article of Impeach-
ment, exhibited against him by the House of Representatives.
The Secretary then read the fourth Article of Impeachment, and the
President proceeded to take the opinion of the Court in the previous
form.
The following gentlemen voted Guilty, in response to the Chair :
Messrs. Bayless, Cobb, Connell, Curtis and McDowell. — 6.
Those voting Not Guilty, were Messrs. Denman, Essick, Holli-
day, Hubbard, Ingalls, Keeler, Knowles, Lambdin, Lappin, Osbom,
Hankin, Rees, Roberts, Sleeper and Spriggs. — ^16.
When Mr. Hubbard's name was called, he rose and said :
Mb. President : — I desire to state in explanation of the vote I
«m about to give, that while I have no doubt of the truth of Uie
facts stated in this article, I do not think they constitute a hiffk
mudemeanor, I therefore vote Not Guilty, .
Whereupon, the President declared that five gentlemen having
voted Guilty, anfl sixteen gentlemen Not Guilty, John W. Robin-
son, Secretary of State, is acquitted by the Senate of the State of
Kansas, of the charges as contained in the fourth Article of Im-
peachment, exhibited against him by the House of Representatives.
The fifth Article of Impeachment was then read by the Secretary,
and the President proceeded to take the opinion of the Court in the
previous form.
The following gentlemen voted Guilty, in response to the Chair :
IlfPSAOHMBNT 0A8E8. 847
Mesflrs. Bajless^ Cnrtifl, Snowies, Lambdin, McDowell, Roberts and
flpriggs. — 7,
Those voting Not Guilty, were Messrs. Barnett, Cobb, Connelli
I>Btiman, Bssiek, HoUiday, Hubbard, Ingalls, Keeler, Lappin,
Osbom, Bankin, Rees and Sleeper. — 14.
When Mr. Cobb's name was called he rose and said :
Mr. Prbsidbnt :-^This seems to me to be a new article, charg-
ing a conspiracy to cheat and defraud, and in explanation of my
TOte, I will say, that I do not think the charge is proved. I there-
fore vote. Not Guilty.
Whereupon, the President declared that seven gentlemen having
voted Gmilty, and fonrteen gentlemen Not Guilty, John W. Robin-
son, Secretary of State, is acquitted by the Senate of the State of
Kansas, of the charges as contained in the flfUi Article of Impeach-
ment exhibited against him by the House of Representatives.
The Secretary then read the sixth Article of Impeachment, and
the President proceeded to take the opinion of the Court in the
previous form.
Those voting Not Guilty, were Messrs. Barnett, Bayless, Cobb,
Connell, Curtis, Denman, Essick, Holliday, Hubbard, IngallSj
Keeler, Knowles, Lambdin, Lappin, McDowell, Osborn, Rankin,
Rees, Roberts, Sleeper and Spriggs. — ^21,
^ Whereupon, the President declared that no gentlemen having
voted Guilty, and twenty-one Not Guilty, John W. Robinson, Secre-
tary of State, is acquitted by the Senate of the State of KansMi,
of the charges as contained in the sixth Article of Impeachment
exhibited against him by the House of Representatives,
The Secretary then read the seventh Artiele of Impeachmeat|
and the President proceeded to take the opinion of the Court in the
previous form.
Those voting Not Guilty, were Messrs. Barnett, Bayless, Cobb,
Connell, Curtis, Denman, Essick, Holliday, Hubbard, Ingalls,
Keeler, Knowles, Lambdin. Lappin, McDowell, Osborn, Rankis,
Rees, Roberts, Sleeper and Spriggs. — ^21.
When Mr. Cobb's name was called he rose and said :
Mr. President : — ^I vote Not Guilty on the ground, that the
charge contained in this article is not a misdemeanor.
Whereupon, the President declared that no gentleman having
voted Guilty, and twenty-one Not Guilty, John W. Robinson, Sec-
848 PB0CXSDIN08 IN THB
retaiy of State, is aoquitted by the Senate of the State of EanaaSy
of the charges as contained in the seventh Artiele of Impeaoh*
ment, exhibited against him by the House of Bepresentatives.
The Secretary then read the eighth Article of Impeachment^ and
ihe President proceeded to take the opinion of the Court in the
prerious form.
Those voting Not Guilty, were Hessrs. Barnett, Bayless, Oobb,
Oonnell, Curtis, Denman, Essick, Holliday, Hubbard, IngaUs,
Keeler, Knowles^ Lambdin, Lappin, McDowell, Osbom, Eankis,
Rees, Roberts, Sleeper and Spriggs. — 21.
Whereupon, the President declared that no gentlemen having
voted Guilty, and twenty-one gentlemen Not Guilty, John W.
Bobinson, is acquitted of the charges as contained in the eight
Article of Impeachment, exhibited against him by the House of
Bepresentatives.
, The President then rose and recapitulated the votes thus :
On the first Article of Impeachment, seventeen gentlemen having
voted OuiUjfy and four Not GuUfy ; on the second, ten gentlemen
having voted OuHtjff and eleven gentlemen Not Guilty ; on the
third, eight gentlemen having voted GuUty^ and thirteen Not
GutUtf ; on the fourth, five gentlemen having voted GutUjfj and
sixteen Not Guilty ; on the fifth, seven gentlemen having voted
Guilty , and fourteen gentlemen Not Guilty ; on the sixth, twenty-
one gentlemen having voted Not Guilty ; on the seventh, twenty-
one gentlemen having voted Not Guilty ; on the eighth, twenty-one
gentlemen having voted Not Guilty — ^it therefore appears, that
John W. Bobinson is found Guilty of High Misdemeanor in office,
as charged in the first Article of Impeachment, and is acquitted on
second, third, fourth, fifth, sixth, seventh and eighth Articles.
The President then proceeded to take the opinion of the Court in
the following form :
The Senate of the State of Kansas, sitting as a High Court «f
Impeachment, having found the respondent, John W. Bobinson,
Secretary of State for the State of Kansas, guilty of a High Mis-
demeanor ; is it the opinion of the Court that John W. Bobinson
should be removed firom office ?
Mr. Holliday moved that the Senate go into Bxecutive Session,
which motion was lost.
The question recurring on the Proclamation of the President,
IMPEACHMENT OASES. S49
those gentlemen Toting in the affinnatiye, were Messrs. Bamett^
Bayless, Oobh, Oonnell; Cnrtis, Essiek, Hnbbard, Keeler, Knowles,
Lambdin, Lappin, McDowell, Oabom, Rankin, Bees, Boberts,
Sleeper and Spriggs. — 18.
Those gentlemen Toting in the negatiye, were Messrs. Penman,
HoUiday and Ingalls. — S.
Whereupon the President declared that it is the judgment of thft
Senate of the State of Kansas, sitting as a High Ooort of ImpeaoliH
ment, that John W. Bobinson be, and is remoTed from the office of
Secretary of the State of Kansas.
The President then proceeded to take the opinion of the Senate
in the following form :
That the Senate of the State of Kansas, sitting as a High Court
of Impeachment, haying found John W. Bobinson Guilty of a
High Misdemeanor, and having remoyed him ttcm office ; is it the
opinion of the Senate that the said John W* Bobiasom, be di«}iiali-
fied from holding an office of Profit, Honor or Trust, under 4he
Constitution of the State of Kansas f
Whereupon, the ayes and noes were taken,|and the feUowing gen*
iieman voted in the affirmative, Mr. Knowlet.— *!.
And those gentlemen voting in the negative were Messrs. Bamett,
Bayless, Cobb, Gonaell, Curtis, Denman, Bssick, HoUiday, Hubbard.
Ingalls, Keeler, Lambdiu, Lappin, McDowell, (Mbom, Bankin,
Bees, Boberts, Sleeper and«Spriggs.^^.
Whereupon, the President declared that one gentleman having
voted in the affirmative, and twenty gentlemen in ibe negative } ii>
is not the opinion of the Senate, that John W. Bobinson shall be
disqualified from holding an office of Profit, Honor or Trust, under
the Constitution of the State of Kansas.
TBIAL OF GEOBGB S. HILLTBB.
Messrs. Bayless, Cobb, Knowles, Lappin and Bankin came,
forward and took the following oath :
Ton, and each of you, do solemnly swear, that in all things per*
tainiog to the trial of impeachment of George S. HiUyer, you will
do impartial justice, according to ihe law and evidence^ so help
youGkxl.
The President— The Senate of the Sute of Kansas, sitting as a
High Court of Impeaoh»ent| announeee its readiness to proceed
860 P&OOXXDINGS IN THB
witk the trial of George 8. Hillyer, Auditor of State of EaoBM.
Are the attorneys ready T
Attorney General. — ^BIe. FassiDSNT : By agreement of eoanael
and the Board of Managers, all the eyidenee heretofore offered in
the matters of impeachment of John W. Robinson, will be oon-
ridered as evidence in this case, (except that of George S. Hillyer,)
as fully as if the witnesses had l)|en sworn and testified in this case,
and the depositions and documentary testimony had been offered and
lead in this case.
Present. — Hon. S. A. Stinson, Attorney General, and the Board
of Managers on the part of the House of Representatiyes.
Hon. F. P. Stanton, Wilson Shannon and George W. Smith,
eounsel for Respondent.
George S. Hillyer appeared in person.
All parties announced themseWes ready to prooeed with the trial*
O^eral J. 0. Stone oalled and sworn on part of the prosecution.
Attorney General, — General, you reside in Leavenworth, I
believe?
A. Tea, sir*
Q. Were you in Washington during the past season ?
A. Tes, sir.
Q« What time were you there ?
A. I left Leavenworth about the fiM of December, and arrived
in Washington three or four days after.
Q« What do fou know in tegtad to the sale of bonds in Wash-
ii^gton, laat winter ?
A. I know nothing of it, but hearsay on the streets, or what was
Udd me by the offioen.
Q. What do you know from Hr. Hillyer in regard to it ?
A. I met Mr. Hillyer, and mentioned the rumored sale of our
bonds, telling him that, as I had been a great deal about Washing-
ton, I would assist him if I could. He thanked me, and said he
thought they would get along, and that Mr. Stevens was assisting
them. After that, when I met him, he said they were getting
along very well. Afterwards, that they had had a difficulty with
the Secretary of the Treasury about it.
Q. Was anything ever said to you by the Sti^t^ officers in relation
%b this transaetioid ?
IHPSACHMENT 0A8B8. 351
A. No Aing tlMt I recoiled.
Q. Bo you know aDjtbiDg further in relation to it ?
A. Nothing farther
Q. Ton were one of the commiBsioners appointed under the first
act to negotiate the State honds, were you not ?
A. Yes, Bir.
0&088 XXAMINAHOH BT DBVBIISl.
Mr. Stanton, — ^Will you ftate whether, during the negotiations^
you advised Oen. Lane to oppose them ?
Witnesi.-^No, sir ; I advised him to be very cautious in the
matter, as there would probably be an election for U. S. Senator in
Kansas, and it would not do to allow money to be brought here till
after that election. My reason fbr this was, that I heard Mr.
Stevens was a candidate for the United States Senate, and I thought
it would not be prudent to let him have that amount of money at
that time.
Mr. Stinson. — General Stone makes a statement that he deems it
necessary for him to return to Leavenworth to«mornm morning ;
therefore, we wish to examine him in the case of Govomor Rob-
inson.
Mr. Stanton. — ^We have nb objectian.
^General Stone was then sworn and testified in the case of State
of Kansas against Charles Robinson, Governor.
On motion of Mr, Ingalls, the case of George S. fiillyer was
postponed till to morrow morning.
Mr. Stevens offered the following resolution :
Retolvedj That witnesses in attendance at this trial be allowed
the sum of dollars per day for each day's actual attendance,
and the same mileage as is allowed officers for serving subpeuas.
Accounts for attendance and mileage to be verified by oath of wit-
ness, and approved by the President of the Senate.
Mr. Ingalls. — Mk. President: I trust the Senate will give this
matter careful consideration before taking final action. As one
member of the Senate. I am earnestly opposed to defrauding the
State, and oppressing the already over-burdened tax payers by any
such action as that contemplated by the mover of this resolution.
I entertain very serious doubts whether the witnesses for the defense
•gst twaamewiMit cf trial of OhariMRobtaMD.
3^2 PEOOBXDIMOS IN THS
nhould be paid by the State at all ; certainly mot, usleea tkagr ka?e
exeroiaed the privilege of subpena, with a yery frugal and guarded
diBcretion. That thia has not been done ie a matter <^ eommen
notoriety. The moat proAiae and inezplieable use of the authority
of thia Court has been indulged in by aome of the attorneys for the
respondents, and, I presume, that it is within the knowledge of
OTory Senator that nearly all the inhabitants of Topeka and Shaw-
nee county have been summoned to appear here as witnesses in one
or the other of the cases before us. Soor^ of idlers and yagabonds
have attended the opening of our session, from day to day, with the
ATOwed purpose of drawing their fees horn the Treasury of the
State. The adoption of the resolution proposed by the Senator
from Douglas, will justify the defense in the course they hare
adopted in summoning their pimps and minions, the loungers on
the streets, hostlers, bar-keepers, hangers-on, and all the vile rabble
that infest the purlieus of a capital.
So far as the State is concerned the condition is diffirent.
Through its House of BepresentatiTcs, it has ordered this prosecu-
tion, appointed its agents, and for their conduct it must be held
responsible. I therefixre moTc, as an amendment to the resolution.
the following proTiso :
jFVovu2mI, That no witnesses for the deftnse shall be allowed
compensation except those actually called.
Mr. Essick.— Mb. PuxsiDBirT : I call the attention of Senators
to the fact that the witness must swear to his bill of expenses before
the Secretary, and the same must be approTcd by the President.
' There is also a law of the State regulating the amount to be paid
%o witnesses, on the part of the State, when summoned by the Lag-
islature.
Mr. Ingalls. — ^I am credibly informed that there are persons in
Topeka who declare they know nothing of the ease, and * yet will
.Mtempt to collect their fees.
Mr. Sterens. — ^Mb. Pbbsidbrt: Let me ask the Senator how he
proposes to act in relation to witnesses who, in good faith, hsTS
come here fWnn a distance 1 Some discrimination should be made,
cTcn if they have not been called.
Mr. Ingdls.— How is it possible to discriminate J It is to be
regretted, but the innocent must suffer, some times, that the just
thing may be done.
XMPSACHMKNT GAS£8. 853
Mr, Cobb. — ^Mb. President : I think that the appointment of a
43ommittee to inyestigate the matter^ will be the best method to reach
the oase.
Mr. SteTeBS.^*MR. President : Some of the witnesses I haye
alluded to have been here and have already sworn to their accounts.
Others have gone, but expect to return, at some future day, and
prove them in due form.
Mr. Ingalls. — ^Mb. Pkksident : I am just informed that the
counsel for the defenso intended to impeach Senator Lane, and that
to accomplish this purpose thirty or forty witnesses were in attend-
ance here from ],:iwrencG. From some cause, unknown, the inten-
tion was abandoned. The witnesses were not called. They came
from a distance. They attended in good faith, and the State is now
to be asked to assume their expenses^ to the' amount of several
hundred dollars — paying this exorbitant sum for the cheap vagaries
and exploded theories of the defense.
The suggestion of the Senator from Douglas is impraeticable. In
the case of John W. Robinson, also, the number of witnesses sub-
penaed was eighty-three, of whom only eight have been in attend-
ance, and but two have been sworn. Under the Senator's resolution
^he State may be compelled to pay more than two thousand dollars,
for what should have cost not more than a hundred. I trust the
Senate will not permit such an outrage to be consummated.
Kr. Cobb.— Mr. President : I move, as a substitute, that the
whole matter be referred to a committee of three, with instructions
to report to-morrow morning.
Mr. Stevens.— I withdraw my motion.
Mr. HoUiday.— Mr. President : I think that Mr. Cobb's motion
is the best offered. I have been informed by witnesses, brought
her^ from a distance, that they knew nothing of the case, but they
came in good faith, because subpenaed. Here is my friend Judge
Wakefield — ^has been here every day of the session — and it is but
fair that he should receive his fees.
Mr. Cobb. — ^Mr. President : This committee will consider the
plan offered by Mr. Stevens, or adopt some other just way.
The substitute of Mr. Cobb prevailed.
The chair appointed Messrs. Cobb, Hubbard and Sleeper, said
^omnuttM.
On motion, the Senate adjourned.
354 PROOEEDINQB IN THX
TWELFTH DAY.
Senate Chamber, \
Saturday, June 14, 1862, 9 o'clock A. M. )
The Senate of the State of Kansas, sitting as a High Court of
Impeachment, met pursuant to adjournment.
President in the Chair.
Roll called. Quorum present.
Absentees. — ^Messrs. Den man, Essiok, Hoffman, HoUidaj, Lappin
and Ljnde.
Journal of yesterday read and approved.
Present. — Hon. S. A. Stinson, and Board of Managers on the
part of the House of Representatives.
George S. Hillyer, the Respondent, appeared in person, attended
by his counsel.
Mr. Cobb, chairman of committee on the payment of witnesses'
fees in the case of the State of Kansas, against John W. Robinson,
made the following report :
Mr. President : — ^Your committee to whom was referred the
matter relating to auditing the claims of witnesses in attendance at
this court of impeachment, would submit their report as follows :
We recommend that a committee of three be appointed to investi-
gate and audit all claims of witnesses subpenaed on the part of the
defense, in the cases at bar, and not sworn, the sitting of which
committee for such investigation, shall be at such times and places
as they may adopt.
>
In case they approve a claim, they shall indorse the bill, stating
the amount allowed in the indorsement which shall b^ signed by
the chairman, and which approval shall be proof of its validity.
The powers of this committee shall cease at the rising of this session
of the Senate.
That all other claims of witnesses be allowed as of course upon
the usual and proper showing. That this committee be instructtd
to allow the claims of no one except it appears that he has responded
promptly and in good faith to the process of the Senate, and left
his business and came here for that purpose. That the &ts and
IMPEACHMENT OASES. 355
Biiteage of all witnesses be the same as that allowed by law in the
District Courts.
STEPHEN A. COBB,
Chairman.
Mr. Ingalls. — Mr. President: Is this committee to sit until the
meeting of the next Legislature ? I understand that eighty-three
witnesses have been subpenaed to appear here in the case of John
W. Robinson alone^ which at two dollars per day, would amount to
$2,000 or $25,00. I should think the Secretary, with some other
gentlemen, might be authorized to audit these claims in vacation.
Mr. Cobb. — ^The witnesses in the District Court must come up and
swear to their accounts before judgment is entered. I am not
willing to confer such unlimited authority on any one outside of
this body, although I have entire confidence in our Secretary.
Mr. Ingalls. — ^I made the suggestion for a good purpose, and not
to afford any one an opportunity of either slandering or compliment-
ing the Secretary.
Mr. Stevens. — ^Mr. President : We have no right to make a ^
law for witnesses. We should pay the just accounts of all those
who have been here. It is not likely that the President will audit
the accounts of witnesses whose claims are bogus. Those who have
been here in attendance and whose claims are not audited, may have
their remedy in memorialiiing the next Legislature, or they can sue
out a vyrit of man<fainu8. These decisions of yours do not make
the law. Last winter, the House of Representatives entered into an
agreement with several printers', whereby a less sum per thousand
ems than their contract prioes was be paid them. Mr. Cummings
of the Tojyeka Tribune, has lately sued out a writ of fnandamux
before the Supreme Court, and compelled the State to pay him the
full contract price, without regard to the conditions made by the
legislative committee. The State can be compelled to pay these
witnesses' fees. They were summoned in good faith, and those who
have attended have a right to their dues.
Mr. HoUiday. — ^I wish to ask the Senator from Wyandott, what
will be done with the remainder of these aecouiits F
Mr. Cobb. — The probability is that these claims will lay over till
the meeting of the next Legislature.
Mr. Stevens. — How can you compel witnesses to await the sitting
of the Legislature, when they have a legal claim for fees 1
356 PB00SEDINQ8 IN THB
Mr. Essiok. — ^I am in favor of adding the President and Seoietarj
to the committee.
Mr. HoUiday. — ^This is good as far as it goes, but I will go
farther. Let this committee submit the claims acted upon, to the
Senate, and let the bills be prepared as usual, the whole Senate to
be an investigating committee. I, therefore, offer the following
amendment:
Resolved, That when a claim is approved, that the committee
shall report the same to the Senate for its approval or disapproval,
and, if the same be approved, the usual order shall be drawn bj the
Secretary and President.
Mr, Stevens offered the following as an amendment to the amend-
ment of Mr. HoUiday:
Resolved, That the fees of witnesses shall be two dollars per daj,
and mileage at the rate of ten cents per mile.
The roll was called on the question, '^ Shall the amendment
offered by the gentleman from Douglas, to the amendment offered
by the gentleman from Shawnee, prevail V* Lost.
The roll was called on the amendment offered by the gentleman
from Shawnee. Lost,
The question '* Shall the original report of the committee be
adopted," resulted as follows :
Gentlemen voting aye, were Messrs. Barnett, Bayleas, Cobb,
Gonnell, Curtis, Denman, HoUiday, Hubbard, Ingalls, Eeeler,
Knowles, Lambdin, Lappin, McDowell, Boberts, Sleeper and
Spriggs.— 17.
(Gentlemen voting in the negative, were Messrs. Bssiok, Rankin,
Rees and Stevens. — 4.
And so the report of the committee as submitted, was adopted.
Mr. Barnett rose to a privileged question, and read the following
statement :
Mr. Prssidbnt : — Since the rendition of the judgment of die
Senate yesterday, in the case of John W. Robinson, statements of
a startling character have been made to myself and another Senator.
Statements, which if true, must render the entire proceedings of
this body, not only null and void, but disgrace the entire State ;
that I feel compelled to bring the matter to the knowledge of the
Senate, and insist that some action be taken thereon before another
step is taken in the other cases, to be hereafter considered.
IMPXAOHMSNT 0A8X8. 357
It has been stated, Mr. President, that sometime during Thurs-
day; the 12th inst., a Senator of this body, approached a gentleman
of this city, (not a member of the Senate^) and told him that seven-
teen Senators would, as matters then stood, yote to impeach John
W. Robinson. But that he, (the Senator,) could control three or
four Totes, and if he could be paid three thousand dollars in cash,
he would get up in the Senate, advocate an acquittal, and thus
secure it by means of the votes he could control. This Senator
further stated that his vote alone would secure an acquittal, as but
seventeen Senator's, including himself, could be induced to give a
verdict of guilty, and that he would, for $8,000 in cash, vote for
acquittal.
During the afternoon of Thursday, the same person called on the
Senator, and offered him $3,000 in scrip, in case his vote and in-
fluence was cast as he proposed. The Senator .declined to take
scrip, saying, ^^ it was not enough." Again, on Friday, at noon,
the party called upon the Senator with $3,000 in cash, and told him
he was ready to give it on the condition proposed by himself. The
Senator replied, '^ It is too late."
Mr. Barnett. — I wish this paper to go on the Journals, and the
Senate to take action on it. These are grave statements, and if
there is a member of this body of the character charged, the affair
should be investigated.
Mr. Curtis. — Mr. President : I should like to know if this
Court was constituted to impeach itself ? If we listen to all the
threats and rufhors that are, or may be set afloat^ we will have more
on our hands than we can attend to.
Mr. Barnett. — ^The gentleman who was conversing with me, said
he was the person to whom the offer was made, and who offered the
money. He did not give me the name of the Senator, and said he
would not do it under any circumstances.
Mr. Ingalls. — ^Mr. President : As I did not vote with the ma-
jority, no suspicion can be attached to me, but, as a member of this
Senate, I feel that a charge of so grave a nature, involving not only
our own reputation^ but that the good name, family and fortune of
a man, has been sacrificed for money, ought to be investigated at
once. The matter deserves at our hands a serious and immediate
investigation. It is our duty to demand from the Senator from
Brown^ the name of his informant; and to summon the party to
^58 PaOOSEBINQS IN THS
appear before the Senate and testify as to this matter. While we
are discussing preliminaries, it may be that the party is escaping to
the Indian Reservation, beyond the jurisdiction of the Senate. Let
OS have immediate action.
Mr. Cobb. — ^I feel it due to myself to have this matter investi*
gated. I am one who voted for the conviction of John W. Robin*
son ; I did it conscientiously, and if there is one who voted dis*
honestly, let us know him.
Mr. Roberts. — ^Mr. President : I feel as though we ought to
purge our own body before we proceed any further.
Mr. Keeler. — ^Mb. President : I am one who voted for the con-
viction of John W. Robinson. I think it waa a just judgment; but
let us have an investigation ; for I now give notice that, if this
matter is not cleared up, I will move for a reconsideration of the
verdict of the Senate^ and ask for a new trial.
Mr. Cobb submitted a resolution, appointing a committee of five
to investigate the charges, and report to the Senate.
Mr. Rankin. — ^Mr. President : I am opposed to the appointment
of such a committee. Let us have an investigation here and im-
mediately. I prefer the subject should come before the Senate,
and, therefore, oppose the raising of the proposed committee.
Mr. Hubbard. — Sir, the whole Senate is competent to examine
this matter. Let us have it at once. We can as well attend to it
in a body as otherwise. I trust that we shall postpone the trial of
Mr. Hillyer, and proceed at once to examine into this grave charge.
Mr. Denman asked for the reading of Mr. Oobb's resolution, whioh
was done, and then withdrawn.
On motion of Mr. Essick, the following order was adopted :
Eesolvedy That the Senator from Brown be requested to inform
the Senate of the name of the person with whom he had the con-
versation referred to, and that the Sergeant-at-Arms be directed to
bring him before this body immediately.
Mr. Bamett. — ^The name of my informant is J. F. Cumminga, the
editor and proprietor of the Topeka Tribune. He informed me he
would not appear. The information was given in presence of another
Senator.
Mr. Stevens. — Mr. President : I would suggest that a subpena
be issued for Mr. Cnmmings.
IMPBAOHBiXNT 0A6S8. 859
Hr. Ingalk. — Vr. Pbssident : I do not believe in waiting for a
-flobpena to issue. Bj time tKat is done, this person may be out of
the jurisdiction of the Court. If this charge is not true, it is a
gross violation and contempt of this body; and we have a right to
demand the presence of this individual. I hope the Sergeant-at-
Arms will be sent forthwith to bring this man Cummings before
the Senate.
The Sergeant-at-Arms was ordered by the President to go in
search of J. F. Cummings, and to bring him before the Senate
forthwith.
Mr. Stanton submitted the following motion on the part of John
W. Robinson:
The counsel for John W. Robinson move the Court to set aside
the judgment in his case and grant a new trial, upon the ground
that one or more Senotors, in pronouncing the defendant guilty^
averred that the decision was based upon the opinion that a princi-
pal is presumed, in law, to have notice of all the acts of his agent,
and is criminally responsible therefor, which opinion is against law
and subversive of justice.
• WILSON • SHANNON,
FRED. P. STANTON,
GEO. W. SMITH.
Mr. McDowell offered the following resolution, which was adopted :
Resolved, That the President of the Senate be and he is hereby
authorized to examine any and all witnesses, touching the matter
brought before the Senate by Mr. Bamett, the Senator from Brown
•county; and if any Senator desires to ask the witness or witnesses
any question, he must do it in writing through the President.
The^ Sergeant-at-Arms returned with J. F. Cummings in custody,
President. — ^Mr. Cummings, charges of a grave nature, relating
to the vote of a Senator, have been stated here by a Senator, and
that you have knowledge of this. The Senate require you will
state what knowledge you have of the transaction.
J. F. Cummings was now sworn to testify m relation to the alleged
matter of corruption, set forth in the statement of Mr. Bamett.
Mr. Stevens. — ^Mb. President: I suggest the reading of Mr.
Bamett's statements.
Secretary read the statements niad^ by Mr. Bamett.
360 PROCEEDINGS IN THE
President. — Mr. GumniingB, you will notice your name b not in-
cluded in that statement, but at a subsequent time, Mr. Barnett, io
response to a vote of the Senate, stated that his information came
from yourself. /
President. — ^Mr. Cummings, did you make such statements; if so..
who was the Senator?
Mr. Cummings. — Let me read that statement.
The paper was handed to Mr. C. After reading it, he said :
Now, what do you want to know ?
Mr. President. — Did you make those statements to Mr. Barnett 1
Answer. — Not in full, as is here noted. Some of the statements
here I made.
Q. Did you, in substance ?
A. I did; to some extent.
Q. Tell us what you did state.
A. I don't think I can give the statement made to Mr. Barnett.
A man may take a drink sometimes, and I can't state what occurred.
My memory is bad.
Q. Did any Senator make any such proposition as is there con-
tained ?
A. I talked with several Senators. I think if I had had two or
three thousand dollars in cash, I could have made such an arrange*
ment.
Q. Did any member propose such a thing : to vote against a con-
viction, in case you furnished him an amount of money ?
A. If he did not propose it to me, I might ^have proposed it to
him.
Mr. Barnett. — Mr. Cummings, did you not tell me these thingtl'
A. I think probably; no very definite proposition was made.
Q. Did yon not tell me you pulled out your pocket-book, with
three thousand dollars, and offered it to him, and that he refused,
and said ^' It was too late'' f
A. I think it probable that I did so— don't recollect.
President. — Mr. Cummings, did any member of the Senate pro-
pose to yon to vote against the impeachment of John W. Robinson,
if you would furnish him an amount of money, or any other considera-
tion f
A. He may not have done it directly.
IMPXACHMXNT 0A8XS. 861
Q. Didheindureody?
A. That wag my understanding of it.
Q. What was the oonversation at the time?
A. There was a good deal of oonyersatiiw.
Q. Give us the substance.
A. Don't think I can do it.
President. — ^Does the witness refuse to answer the question ?
Witness. — ^I want the Senate to understand that I sometimes take
a drink. My head is muddled. If the Senate will wait till Mon-
day, I shall be better able to answer their questions.
Mr. Cobb. — ^Mr. Prbsident : This examination and the conduct
of the witness is certainly disgraceful. It is trifling with the dig-
nity of the Court. My resolution for a committee was ruled down.
I certainly think it more desirable and more likely to attain the
end we seek, than the^ present inyestigation. This is a reckless
disregard of the reputation of Senators. Any gentleman's character
is at the mercy of this witness, who, by his own showing, is unfit to
testify. He is in contempt of the Senate; and I trust that he will
be compelled to answer.
Mr, Stevens. — ^I think, Mr. President, that we should go slow in
this matter. What we want is knowledge. We may punish the
witness by imprisonment; but when the Senate adjourns, he will go
free. 1 suggest that, in order that the examination may be more
regular, that Senators ask, in writing, such questions as they desire;
or that the Attorney General, and one of the counsel for the defense^
be requested to ask the [questions. In that way, we will probably
get at something more definite.
Mr. Cobb. — ^I think it altogether wrong to allow the matter to
proceed in this shape. The reputation of the Senate, and of each
individual member, is at the mercy of the innuendoes of this wit-
ness. A committee will reach the matter far more satisfactorily.
Mr. McDowell. — I trust, Mr. President, that the Senator from
Brown will be allowed to resume his examination.
Mr. Bamett resumed the examination of the witness, with the
following question :
Q. Did you not tell me that, after you offered the Senator the
scrip, he said something to you about going to John W. Bobinson ?
Witness. — ^I don't recollect that he did.
862 PBOOiBDiNas in thi
Q. Did you not tell him that Robinson had no money ?
A. I did.
Q. Who did the Senator refer yon to?
A. He referred me to another Senator, to find out how Senators
would vote.
Q. That is; how many would vote for impeaohment 7
A. Yes; to find the number of those who would vote guilty.
Q. Did you not state that you went to him with three thousand
dollars in money, and he said " It was too late V
A. I believe I told you that I said to him that he might draw
upon me for a certain amount.
Q. Did he say <<It was too late "7
A. My impression is that he said something of the kind.
Q. What did he say when you offered him the money?
A. I didn't offer him money. I said he might draw.
Q. Did the Senator tell you the amount, three thousand dollars,
was not enough ?
A. He did not say.
<Q. When was this?
A. Yesterday, I think.
Q. What time?
A. Between nine and four.
Q. Before the Senate assembled in the afternoon?
A. liy recolleotion is not dear, but I think it was.
Q. Where was it?
A. On the street.
<i. You know where it was?
A. I have a pretty good reoollection of where it was.
Mr. Stevens. — Mr, President : We shall arrive at no results in
in this way. I would suggest, in order to get on with the examin-
ation, that the President, or some one else, be authorised to question
him direct, and reduce the questions and answers to writing. The
reputation of both Senate and Senators is at stake, and we should
use all our power to arrive at the facts. I move that Uie Attorney
General, and the attorneys for the defense, should question the
witness.
Mr. Stanton. — I shall be under the necessity, and I speak for my
IMPSAOHMBNT 0A8X8. 86S
aasoeiAtes, to beg to decline and be ezooBed from taking any part in
these proceedings. They remain entirely in the hands of the Senate,
Cobb.— I admire the wisdom of counsel. We are certainly able
to interrogate this witness within onrselTCS.
Mr. Denman. — I suggest that Senators Ingalls, Cobb and Stevens,
be appointed as a committee to question this witness. •
^ Mr. Ingalls. — ^Mr. Pbesidbnt : I must most respectfully decline,
in advance of any such motion. I do not wish to appear, as in that
ease I might seem to do, in the light of a prosecutor, by showing
that this verdict of guilty was obtained by collusion and fnuA*
Gentlemen will readily appreciate my position, I trust.
Mr. McDowell. — I move you that the President ask such questions
as he may think best, and that Senators will write out their ques-
tions and submit them through the President.
The motion prevailed, and the examination of Mr. GummingS
was resumed by the President.
The President. — Did you have a conversation with Mr. Bameti
in regard to certain propositions made by you to any member of
this body, for the purpose of obtaining his vote against the im*
peachment of John W. Robinson ?
A. I had.
Q. What is the Senator's name ?
A. I refuse to answer. I think that in a pecuniary transaction
between mo and a member of this body, or any other, I have a per-
fect right not to be interrogated.
Mr. Cobb. — ^I submit, Mr. President, that we had better let this
question pass for a while.
President. — ^Where was this conversation ?
Witness. — ^I had different conversations. I believe I talked once
with Mr. Bamett. That wss yesterday afternoon.
Q. What wss the conversation ?
A. I had rather let him state it.
Q. Was it given in the statement shown you from Mr. Bameti?
A. To some extent, it was.
Q. Did any member of the Senate, on Thursday last, state to you
that there were seventeen members of the Senate ready to vote to
impeach John W. Bobinson f
The President read a portion of Mr. Bametf s statement to the
witness.
af64 PROCSEBINOS IN THE
Witness. — ^It may have been on Thnrsday. I think probably it
was. I have had conyersations with several Senators on the snbjeet
ever since this body hu been in session. I so understood it, (the
seventeen votes) from a member of the Senate.
Q. Did that Senator inform you that he could control three or
four votes, ilbhe could be paid three thousand dollars, or any other
consideration 7
A. He said that if he took a certain position in the matter, as for
instance, in favor of John W. Robinson's acquittal, other Senators
would go with him. This was the substance of his remarks. Ho
did'nt say how many.
Q. Did he say anything about considerations ?
A. That matter was talked of previously.
Q. What did he previously say in regard to considerations J
A. He said that it was supposed, or presumed^ I was a friend of
the State officers. I told him I was to every man. He said that if
I would get him so much money, he would vote against impeach-
ment. He said that $5,000 waa little enough ; that Bob Stevens
had shystered the State officers, and ought to pay it now.
Q. What did you reply ?
A. That I had a certain amount of money, or its equivalent in
my pocket ; that I never had had a word with any of the State
officers or their attorneys in regard to the matter, but that I would
give him what I had, and afterwards look to John W. Robinson or
the State officers for my pay.
Q. Did you state to him what you had in your pocket, that you
was willing to give ?
A. I don't recollect whether I did or not. I don't think that I
made the statement to him, as to the amount I had in my pocket
I may have done so.
Q. What did you have in your pocket at the time Y
A. I had State scrip, and a few t20 Treasury Notes. I think I
may have had $4500 in scrip.
Q. What is your recollection as to the amount you were willing
to give?
A. About $2,000.
Q. Was this to be in scrip f
A. He understood from me that I had nothing but scrip ; he
wanted money.
Q. Did he refuse to take the scrip 7
IMPSAOHMSNT CA8S8. 465
A. He refosed to take anything from me, at that time.
Q. What did he say, when you refused to give anything hut
ecrip?
A. When I said to him, " I have got so much here, and you oaa
take that/' he replied : "Tou had [better] go and see Bob SteTens,
and find out firom him just how the matter is going : {hat seventeen
will certainly vote for impeachment ; that Bob had got the money
and ought to pay if
Q. For what reason did he refuse to take anything from you ?
A. I never really offered anything to him. K I had had it in
my fingers, I don't think it would have been refused. But I under-
stood that he wanted somebody else to give the money first, as he
did not wish me to loose by the transaction.
Q. Did you have a conversation with the same Senator, subse-
quent to that timc; on the same subject ?
A. I did.
Q. When was it ?
A. On yesterday, before the afternoon session of the Senate.
Q. Bo you reooUeot where this conversation took plaoe J
A. I do.
Q. Where was it 1
A* On Kansas Avenue, between 6th and 7th streeto.
Q. What was the conversation ?
A. I told him he might draw on me for $8,000, if he wanted to,
and he replied " It was too late/'
Q. Did he say anything further at that time 1
A. He said he would like to see me before three o'doek. I did
not see him again.
Q. What was the amount he last told you he would take to vote
against the imi^aohment of Robinson ?
A. I think that at the time the matter was not set up in thai
shape. Nothing was said about that, except in Uie first oonveiaap
tion, then he said he ought to have 16,000.
Q. Did he say. at any time, that he would vote againat the im-
peachment of John W. Bobinson for $6,000 f
A. He held out that idea, very emphatically.
'"Mr. Cobb.— Mb. Pbesidbht : I have listened patiently, thus ht,
to these very exfaraoidinaiy proceedingi. Early in the examination,
866 PROOXIDINOS IN THE
I submittod a motion for the appointment of a committee of inyes-
ligation. I now propose to renew that motion is this form :
Eesolvedf That a committee of five be appointed to inyestigate
the charges of bribery and corrnption against a member of this
body, with full power to send for persons and papers^ administer
oaths, and t^ compel the attendance of witnesses, and replies to
their interrogations, to report to the Senate on its re-assembling
Monday morning.
S^y object, Hr. President, in offering this resolution, is -for the
purpose of dispatching business. I think a better and clearer in-
Testigation can be had through this committee. The scene here is
eertainly disgraceful. The witness has evidently been inebriated^
and by his own statement his head is not clear this morning. I
shall press this motion to a Tote.
Mr. Keeler. — I trust, Mr. President, that we will proceed with
the* investigation. Unless this matter is thoroughly sifted, I, for
one, will refuse to sit as a judge in the case now pending. We owe
it to ourselves to remove this dark cloud, and to cast out from us
any Judas who may be found in our midst. Unless the matter is
thoroughly examined, I again give notice, that if I can, legally, I
shall move for a new trial in the case of Dr. Bobinson.
Mr. Rankin. — I submit, Mr. President, if we are not now in a
fair way of getting a full and legal investigation by this exaihina-
tion in open Senate ? I hope the motion will not prevail.
Mr. Koberts. — I think it will facilitate matters, and enable us to
get at the truth, and shall therefore vote for raising the committee,
Mr. Stevens. — ^Mr. President : This motion of the Senator from
Wyandott, seems to me, to effect no other purpose than to cut off
the right of Senators to investigate this matter themselves. It ie
claimed that its adoption will expedite business. How will it ? We
are getting at the substance of the charge, it seems to me, in as
speedy a way as can possibly be accomplished before any committee.
I heard of this charge for the first time, last evening. Since then,
investigating the affair, important statements have eome to mj
knovf ledge. I shall probably ask some questions, and call other
witnesses. Let us go on with the open investigation. The case has
progressed so far, the people have heard it, and it is but proper that
.the whole. matter be made public. If, as has been intimated, I have
heen " shystering,^' let the Senate and the community know the
same. If there is a fraud, let us have it, and if, in the estimation
IMPXAOHMSNT CA8X8. 367
of any Senator, that would have ceased to be a frand wlien I paid
him $5,000^ let the Senate, by all means, know his name. I desire
to push the investigation throughly.
Mr. Cobb. — Mb. President : I. do not believe the gentleman,
from Douglas is any more earnent than I am in this matter. And
I am extremely anxious to get at the bottom of it. As the inves-
tigation is now being oondncted, we may act hastily. The innuendoes
of this witness may affect the Senate. The danger is, that we may
drive from this body some innocent member of it, with blasted
reputation and character destroyed. The matter deserves a calm
and serious consideration. A fairer investigation can be had before
a committee, upon whose report the S.qnate can act. It does not
invalidate the action of this body, but as it seems to me, affords a
fuller and fairer investigation^
Mr. Eoberts.-7-Mi^.. President : /The, proceedings, as they now
progress, are -blind and futUeu Chaiges are made here against an
imaginary Senator. There were seventeen of us who voted guilty.
Let us first get at the name of the Senator. Jf there is any who
may be charged with this corruption. I am opposed to groping
blindly any longer.
Mr. Stevens. — The Senat«r from Wyandoti indieates, Mr. Presi-
dent, that I desire to urge this matter to a hasty conclusion. ' This
is not my wish or desire. I want the Senate to take days, or weeks,
if necessary, in the investigation ; to call other witnesses, bring,
rebutting testin^ony, if necessary. Let us have the facts of the
oonversation between this Senator and the witness. Suppose he
refuses to answer the second question as to the Senator's name, when
it is again asked, we may get at the facts by other questions. I
have sent up a question which will start a new track, and perhaps
throw some light on the subject.
Mr. Cobb. — ^I trust that the Senate wjill not allow this witness to
be released from the custody, of the Sergeant-at-Arms, until the
Senate dismiss him.
The question thea recurring on the motion of the Senator from
Wyandott, the roll was called, and the motion was lost by the fol-
lowing vote :
Messrs. Cobb, Knowles and Roberts voting aye. — 3.
Messrs. Bamett, Bayless, Oonnell, Curtis, Denman, Essick,
HoUiday, Hubbard, logalls, Keeler, Lambdin, Lappin, McDowell,
Bankin, Bees, Sleeper, Spriggs and-Stevens voting no. — 18.
368 PROOSEDINOS IN THB
The examinatioD of J. F. Cttmrnings was than resamedi Kr.
Stevenfl asking the following question through the President :
Did this Senator, in any conversation, say that he could receive
any sum of money, or any other consideration for voting for con-
viction ?
Witness.— He said he might get an office, worth t2,000 a year, for
voting for the impeachment.
By the President.— Was any third person present during any of
your conversations with this Senator ?
A. No, sir.
Q. Did you communicate that conversation to John W. Robinson ;
and if so, what was his reply ?
A. I did, and he said " Uiat I might do as I pleased, that he had
offered me nothings and no one else, to prooure his acquittal."
Sy a Senator. — ^You stated that, if you made the arrangement,
^ou would look to the State oSoers or John W. Bobinson, for the
repayment of the money. Ton afterwards stated that you had no'
conversation or understanding with the State officers, or their
^attorneys.
Did you have any conversation or understanding with any one,
representing one or more of them, or was anything said to you about
securing a vote or votes, to acquit John W. Bobinson J
Witness. — I have had no conversation with John W. Bobinson,
nor with any of the State offioers, or with any of their attorneys, or
any one of them, in relation to the procuring of any suoh arrange-
ment.
The President— How did the Senator finally vote in the case of
John W. Bobinson 1
Witness. — ^I reflise to answer the question. I was not here, and
don't know how he voted.
By aaggestion of a Senator, the Journal recording the votes was
shown the witness, who still refused to answer. The examination
was resumed.
Q. What motive prompted you to engage in this transaction with
said Senator f
A. The Sanatof himself prompted me ; I had no suoh idea until
be made the proposition. It was generally understood, in outside
^ oireles, that die man could not be convicted.
^ Q. Did you ever^ before the judgment of the Senate was rendered,
nmAOHMKNT CA«U. M»
eommiiDiMU any of tbia oooTtzMlion with Mr. SteY6iii| or wpe^k
to him about it T
A. I think not I wanted} or intended to aee Mr. SterenSi but
think I had no eoaTenation with him before the judgment I know
I did not.
Q. To whom did you speak about thii conTeraation f
k. To one of Robinaon'f attomeya.
Q. Whioh one ?
A. Oeorge W. Smith.
Q. What waa the anbatanee of the oonrerMition f -
A. I gaye him to nnderatand that I had oiTeTed ao maeh money,
oa my own responsibility, and that afterwards I ' would expeet to
have the money returned, if none was handed to me before. He
thought I was " shystering/' and wanted to make money out of it.
Since that time I hare been informed, that he has said I was about
right, that it wm sympathy, and not money, that prompted me.
Q. Haye you eonyersed with the Senator since that time 7
A. I haye.
Q. When and where ?
A. I eonyersed with him thia momiAg in a room of the Bilobio
Bloek.
Q. What room?
A. It waa in the third story, a room occupied as a sleeping room„
T belieye, by two of my boys. We were talking mostly abomt pri*
yate matters.
Q. Waa the subject of the impeachmemt of Bobinaea talked rf at
that time ?
A. It waa.
Q. What waa said about the impeachment T
A. Our conyeraaiion waa generally about priyala natlefa* The
impeachment waa thrown in aidfway^ The aim asd adbatsfaoe
was a priyate and pecuniary tranaaction between him and mfaal^
Q. Did that peeuniaiy aqid priy»la tranaaetiea relate to Ihe
impeachment 1
A. It did) somewhat.
Q. What waa then said in ragard lo the impnaehnani 1
A. I refuae to anawer. I uudessloed: 0J^ oonyecsaiies to be .|iee*
fectly priyate.
S70 PROCEEDINGB IK TUT
Mr. Cobb. — Mft. PbesIdent : If tbis question does not crimiaate
the witness himself, we have a right to an answer, I trust the Senate
will maintain its dignity.
The witness again refused to answer.
Mr. Hubbard. — ^This witness is in open and flagrant contempt of
the Courts and some action should be taken in the matter.
The question was waived and the examination proceeded with.
Bj the President. — Where did you first meet the Senator this
morning ?
A. Met in a haU or stairway in the Ritchfe block.
Q. Was the Senator a Republican ?
A. I don't think he has any political predilections.
Q. When did you have the conversation with George W. Smith
referred to ?
A. I don't recollect. It was two or three days since.
Q. What Senatorial District does the Senator represent f
A. I refuse to answer.
Q. What counties are represented in jiis district ?
A. I refuse to answer.
Q. Is it on the north or south side of the Kansas river 7
A. I refuse to answer.
By a Senator. — Did the Senator when ho said he oould get an
eflce or place worth $2,000, in case he voted for the ^conviction of
John W. Robinson, state what kind of an office, if it was a State
oSoe, or an office under the United States 7
Wit noo B j ^B e intimated it would be an office under the Genera)
Government. I don't think Gov. Robinson would appoint 7itm to
any office.
Q. Did he state, or give you to understand, who would get this
diee for him, or assist him in getting the office referred to f
A. He intinatad that it would pome tiirough our Senator or
Senatonat Washington.
Q. Did h« name any Senator's name in connection with it ? i
A. I think he mentioned J. H. or James H. or Jim Lane's name*
in connection with it.
Mr. Gurt!S.--4l[B. PftBSiDBKT : I ask that the oath, administered
III the witness, be again read. It is very evident he does not under-
stand its nature or else willfully evades it He has been sworn ta
IMPBACHMBNT 0A8KB. 371
'* tall the truth, the whole truth and nothing but the truth." To
refuse to tell what is directly bearing upon the allegation is an
eTasion of the requirementa of an oath. The manner of the witness
•hows, also, a disregard of the obligations imposed upon him by
this oath.
The Secretary read the oath to Mr. Oumnungs. He replied :
I know what it means. I shall tell only part <tf what oeeurred,
however.
Mr. Curtis. — This reply shows that the witness docs not know the
nature of this oath, or consider it binding. I hope the Senate will
take some action in the matter.
EXAMINATION OF J. F. OUMMINGS RK8UMKD.
By the President. — Did you tell George W. Smith what Senator
it was?
Witness, — I did not.
Q. Have you told any person what is the name of the Senator
referred to ?
A. I have not.
Q. What is the name of the Senator ?
A. I refuse to answer.
Q. Why do you reftise to answer T
A. I reftiso to answer that question.
Mr. Cobb. — Mr. President : This bringii us to a point where
action, on the part of the Senate, ia necessary. This witness is in
contempt. We owe it to ourselves to take some step in the matter.
Mr. McDowell. — ^With the permission of the chair, I will move
tjiat the Senators now he awom, and that eaeh be qweetioned as to
his knowledge of the matter alleged by the Senator from Brown.
Mr. Ingalls. — ^Who makes that motion ?
Mr. McDowell. — I do.
, Mr. Ingalls. — ^Does the Seuator from IieaMnworth intend that
each Senator shall be sworn separately and interogated as to hi*
knowledge of the alleged corruption J
Mr. McDowell. — I do« In making this motfaa, Mr. President, I
l^el it due the Senate} as well as myaelf, thai we eaeh and all purgs
ourselves of this charge. Let each Senator be sworn m hiif plMt'
372 PBOcximifos in thb
to.answMr^ tralji saoh qoestioiui m mi.7 be proyoanded in relaiioo
to bifl knowledge of the charges.
Mr. Easiok. — Beea A% Senator mean all questions fhat may be
asked?
Mr. Ingalls. — It seems to me, Mr. President, that the course pro-
posed by the Senator from Leavenworth would open the field to
unlimited interrogation. The matter can be brought within tlie
compass of one or two questions. If the Senator will withdraw his
motion, a substitute can be easily arranged, covering all he desiies.
Mr. McDowell withdrew his motion.
Mr. Ingalls. — I move that Mr. Cummings, the prisoner at the
bar, be remanded to the custody of the Sergeant-at-arms, to awMt
the further action of the Senate.
The motion prevailed and Mr. Cummings was removed from
the bar.
On motion of Mr. McDowell, the Senate adjourned till twe
P.M.
AFTERNOON SR88ION. '
Two o'cumL P. M.
The Senate of the State of Kansas, siUing as a High Court of
Impeachment, assembled.
President in the chair.
Boll oalled. Quorum present
Mr. IngaDs moved that eadi Senator be swbm in his phcebythe
Secretary, and the fiiUowing questions be propounded to htm by the
Secretary of the Senate :
1st. Have you ever had any conversation with J. F. Cummings
in reference to the impeachment of John W. Bobinson f
2kid. If yeft, stale when, whave, and what was the substance of
said conversation?
8rd. Did you, ever at any time^ make any proposition or intima-
tion to J. F. Oumwimg^ that any peeuniaiy or other consideration
we«ld iniuenoe your demsion, or that of any other Senator, in said
r
IMFEAOHMBNT CAOBB* 878
4tli. H«?6 joa had any coDTeiaaiion or iniarview with J. P. Oom-
(hia morning, or at any time to-day, in the third atoiy of tha
Bitohey block in ihe City of Tdpoka?
6th. Do yon know anything toncdiing tha mallor now undar oon-
«ideiation before the Senate, except from the testimony and state-
ments made to-day in the Senate ?
The motion was adopted.
Mr. logalls. — I move that the Sergeant-at-arms bring Kr. Cam-
miogs before the bar of the Senate. I make this motioni Mr.
President, because I consider it bat fair to the witness that he
ehonld be present, before Senators answer these questions, in order
that he may have an opportunity to purge himself of the contempt
of which he has been guilty to this body. I submit, to the consid-
eration of the Senate, whether action should not be postponed until
Mr. Cumminga is before the bar.
The motion was adopted.
Mr. Cummings appeared before the bar in the custody of the
Sergean t-at- Arms.
The President.^Mr. Cummings, a motion has been adopted by
the Senate that the following questions be propounded to each Sen-
ntor, who will answer them under oath. It is thought proper that
yon should be present. The Secretary will read the motion and
questions.
The Secretary then read them.
The President. — Mr. Cummings, if you now desire to answer the
question which was propounded to you this morning, as to the name
of the Senator, you have an opportunity to do so.
Witness. — And I still refuse to answer.
On motion, the roll was then called and eaoh Senator answered
thereto, except Messrs. Lynde, Morrow and Hoiinan, who had pre-
viously been excused from the call.
Mr. Ingalls. — ^Me. P&xsident. I suggest, in order to give a
l^eater solemnity to this important occasion, that each Senator shall,
on his name being called, rise in his place and remain standing
while the oath is administered by the Secretary, and the questions
anawered.
Bach Senator present, exoept Mr. Sleeper, stood in his place and
«ook the following oath :
S74 PEOCXKDiiros nr ths
Yoa do BoIemBly swMur that jon will true answers make to sack
qnestioDB as may be propounded to yoa by the Secretary, tonohmg
the charges made by Senator Bamett, so help you Ood.
Mr. Bamett, in answer to the first interrogatory, said : I had a
oonveraation with him yesterday, the substance of which is in the
statements presented by me this morning. I have had no other
conyersation. To the second he said : Yesterday evening, in this
room, after the adjournment of the Senate, I had the conversation
related in that statement. To third, fourth and fifth he answered
in the negative.
Mr. Bayless, in answer to the first interrogatory, said : I never
spoke to him in my life.
Mr. Cobb answered all in the negative.
Mr. Connell answered all in the negative.
Mr. Curtis answered all in the negative.
Mr. Denman answered all in the negative.
Mr. Essick answered all in the negative.
Mr. Holliday, in answer to the first interrogatory said : ' I have
had several conversations with Mr. Gummings in regard to the case
of John W. Bobinson. In answer to the second said : M^ social
and business relations with Mr. Cummings have been very intimate.
I have talked with him, as with other persons, frequently on the
subject. I cannot now recollect any particular occasion, or the exact
purport of any such conversation ; but in no such conversation was
any reference had to the charges made by Senator Barnett. To the
third interrogatory he answered in the negative. To the 4th he
said : I have; but such conversation was wholly private, and had
no reference, whatever, to the impeachment case. To the 6th he
replied negatively, except as above stated.
Mr. Holliday. — ^Mb. Pbcsident : In explanation I wish to state
to the Senate that my position, as President of the Topeka Town
Association, brings me into frequent relations with Mr. Cummings,
who acknowledges most of the deeds. This business leads me to
his office daily. I make this statement becffUse of a remark made
in executive session, the day before yesterday, while the subject of
impeachment was under discussion by the Senator from Lyon, Mr.
Sleeper. It will be remembered that I advocated a postponement of
the judgment. It was asked why Senators were urgent in the mat>
IMPKAGHMXRT 0ABB8. 87S
t6T f The Senator from Ljon 0poke, ia hU teat : ** Beeaoae thej
did not wish to wait to sell out." I spoke to him afterwards on the
matter and he said : " The remark was caused by the fact that
Gummings was blowing, on the street, that he could buj the Senate
for Dr. Robinson, for two or three thousand dcrflars."
Mr. Hubbard answered all the interrogatories in the negative.
Mr. Ingalls answered all in the negative.
Mr. Keeler answered all in the negative.
Mr. Knowles answered all in the negative.
Mr. Lambdin answered all in the negative.
Mr. Lappin, in answer to the first interrogatory, said: I have.
To the second: Mr. Camminge ssked me how I voted on the re-
moval of Dr. Robinson, and I informed him. To the third, fourth and
ifth, he answered negatively.
Mr. McDowell answered all in the negative.
Bfr. Osbom answered all in the negative.
Mr. Rankin answered all in the negative.
Mr. Rees answered all in the negative.
Mr. Roberts answered all in the negative.
Mr. Sleeper took the following affirmation :
You do solemnly affirm that you will true answers make to suoh
questions as may be propounded to you by the Secretary, touching
the charges made by Senator Barnett ; this you do most solemnly
affirm, under the pains and penalties of perjury.
In answer to the first interrogatory, said: I have. To the sec-
ond : Mr. Gummings came to me one day this week, in this house,
and said : ^^ That a Senator had offered to sell out his vote.'' I
ssked for his name, which he refused, and further said it was not
in the power of the Senate to make him tell. To the third and
fourth he answered in the negative. To the fifth : Only the con-
veisation to which I alluded.
Mr. Spriggs answered all in the negative.
Mr. Stevens, in answer to the first, said: Never, so far as the
same relates to the matter under consideration, until last evening.
To the second: Last evening, in this hall; it was, in substance,
•ameas stated by Mr. Barnett. To the third and fourth, negative.
To the fifth : Nothing but what I have heard from third parties.
876 PROCEEDINOS TN TUR
Baoh Senator baving answered the questioas propounded to bim,
Mr. Sleeper rose and said :
Mr. Prebident : — As tbe remark may seem barsb, to wbicb tb«
'Senator from Shawnee has alluded as made bj me, I wish to mak«
this explanation : Some Senators wished to postpone, to wbicb I
was opposed. The question was asked wbj the matter was urged,
to which I replied, as stated by the Senator. That Senator thought
the remark was personal, and asked an explanation, which I gaTe,
as be has stated. I did not follow up the matter, as I did not oon^
aider Cummings' remarks worthy of notice, or a matter of much
consideration.
President. — Mr. Gummings, I baye put this question, and I re'
peat it : '' What was tbe name of the Senator V*
Witness. — And yet I refuse to answer. It may become neoesaary
for me to give the name in order to vindicate myself, but at pres-
ent I do not wish to make any reply other than I have done.
On motion of Mr. Ingalls, the Senate went into executive session.
After some time spent therein, the doors were thrown open, and
the Senate resumed the usual order of business.
Mr. Cobb offered tbe followiug resolution, which was adopted;
Resolved, That it is tbe opinion of tbe Senate, that tbe chargei
against a member of this body of corruption, are untrue, and thai
no further action be taken in tbe premises.
On motion of Mr. Ingalls, J. F. Cummings was discbaiged from
4ihe oustody of tbe Sergeant-at-Arms, and sent hence without day.
On motion. Senate adjourned.
THIRTEENTH DAY.
Senate Chamber, )
Monday, June 16, 1862, 9 o'clock A. M. J
Tbe Senate of tbe State of Kan^^as, sitting as a High Court of
Impeadiment, met pursuant to adjournment.
President in tbe chair.
Quorum not present.
Sergeant-at-Arms sent for absentees, and returned with Mr. Hoi*
liday. Quorum now present. '
IMPEACHMENT CASB8. 87?
Journal of Saturday read and approved.
Present — Hon. 8. A. Stinson and the Board of Hanageze, on tlit
part of tbe House of Bepresentatives.
Hons. F. P. Stanton, Wilson Shannoui and Oeorge W« Smitis
eounsel for respondent.
(George S. Hilljer appeared in person.
Hr. Ingalls offered the following resolution, whieh was adopted :
Resolved^ That no farther proceedings, in the oases now pending,
be printed for the use of the Senate.
The case of George S. Hilljer was resumed.
John W. Bobinson called and sworn to testify on the part of the
State.
[JOHN W. ROBINSON'S TBSTDCONT.]
Attorney General. — ^Doctor, are you acquainted with George 8.
Hillyerf
A. Yes, sir.
Q. He has been acting as Auditor, has he net?
A. I think he has.
Q. Will you state what connection he had with the sale of the
seven per cent, bonds ?
A. I think he was the principal offieer who aold the bonds. We
were both engaged in the sale.
Q. Where were they sold ?
A. In Washington,
Q. Who to 7
A. B. S. Stevens.
Q. At what price 7
A. At sixty cents.
Q. When did Stevens first make propositions to buy these bonds^
or any part of them ?
A. Some kind of proposition or random talk was had, about the
middle of October.
Q. Where was that talk had 7
A. The first talk wss had in the Governor's ofiSoe; I don't re-
member any other.
Q. What talk did you have in the Governor's office 7
^78 PBOOEXDINOS IN THB
A. It was simply a talk between tbe OoTernor, Hillyer and mj-
solf, in relation to our authority) under the law, to sell the bonds.
Q. Was Mr. Stevens present at that time J
A. He was, a part of the time.
Q. Was any proposition made by him, at that time, to purchaM
the bonds, or any part of them 7
A. We talked about selling a part at forty oents and a part ak
aeyenty cents. This might be called a proposition. It was talk to
that effect, at least.
Q. Were any bonds delirered to him in accordance with that talk
or agpreement ?
A. No, sir, not that I know of.
Q. Was apy written proposition made to this effect by Hillyer, or
Hillyer and yourself, with Stevens ?
A. I donH remember.
Q. Were any bonds, at that time, deliyerad to Mr. Stevens 7
A. I don't remember. It was the first time I had any oonnection
with the sale. I never saw any delivered. They never were in my
possession.
Q. Do you know, from Mr. Hillyer, that any bonds were delivered
at that time to Mr* Stevens f
A. I don't remember that he told me anything about it.
Q. Did you not know that any bonds were delivered to Mr. Ste-
vens; prior to Mr. Hillyer's going to Washington ?
A. Only from hearsay. I heard that Mr. Stevens carried some
bonds to Lawrence for the Governor's signature.
Q. Did you hear from Hillyer ?
A. Could not tell whom I heard it from.
Q. Did you have any conversation with Hillyer in relation to de-
livering any bonds to Mr. Stevens?
A. Not to my recollection.
Q. For what purpose did you go to Washington ?
A. I went principally to visit my friends, not having the least
idea, when I started, that I should have anything to do with the
sale of bonds.
Q. Did you know, when you left for Washington, where the State
bonds were 7
A. I supposed Mr. Hillyer had them.
IMPKAOHMSNT CASKS. 87*
Q. When did you tnl become connected with the negotiation of
these bonds f
A. At Washington. I signed some paper there which made Mr.
Stevens agent to sdl the bonds.
Q. At whose solicitation did yon sign those papers ?
A. It was a mntual agreement. Mr. Hillyer and Mr. Sterens
asked me to sign it, and I had no hesitation, thinking it was the
best that could be done.
Q. At whose instance (if any State officer) did Mr. Stevens oobm
to Washington I
A. I think Mr. Hillyer telegraphed to him, which telegram I
signed. There might hare been a letter seat. Think there was.
Q. Among the depositions there is a paper purporting to be signed
by the Gk>Temor, Aaditor and yoonelf. Where and by whom was
that paper signed I
A. It was signed in the city of Washington, by Mr. Hillyer and
myself. I signed the GoTcmor's name.
Q. By what anthority did yon put the Oovenior's signature to
that paper f
A. I supposed by his authority, at the time.
Q. At whose request did you do it f
A. The question was debated. Some one had suggested that I
should draw up the instrument, on account of my being the best
penman. Then it was suggested to sign the GoTcmor's name.
Some remark was made that we knew he had given us authority se
to do.
Q. By whom was that remark made f
A. I think it was made by Mr. Hillyer.
Q. Which paper was executed first: the paper authorising him
to retain all over sixty oents, or the paper with the Ooremor's signa-
ture to it f
A. The paper with the Governor's name to it.
Q. Were they not executed at the same time ?
A. I think not.
Q. How much difierence in time was there between them I
A. I could not tell. I was very busy about other matters whm
the papers were signed.
Q. By whom was the negotiation principally made on the part ^
the State?
|90 PBOCSDINOB IN THB
A. I ^on't irnnt to shirk my portion of the iwpoDribilify. I think
Hr. Hillyer spoke to the parties n great many more times than I
did.
Q. Was any effort made by Mr. HiUyer to diqKiseof bonds is
Wsshington, exoept to Mr. Stevens 7
A. I think Mr. Hill^ said he had made snch an effort.
Q. To whom were these bonds sold by Stevens ?
A. To the Interior Department, as I have heard.
Q* Did yon and Mr, Hillyer have any eonversation with Mr.
Stevens as to the place or parties to whom these bonds were to be
ioldr
A. Yes, sir« I think he informed ns that if tliey were dkposed
ft£ai all, it wo^ld be to the Interior Department.
Q. Do yon know of Mr. Hillyer making any inquiries at thei In-
terior Department for the sale of these bonds f
A. Not of my own kni;^wledge.
Q. At what price were they disposed of by Stevens ?
A. Since I came back to Kansas, I have heard they were sold at
eighty-five cents.
Q. Before you left Kansas, were you aware they could be disposed
of in Washington ?
A. No, sir, I was not aware of it.
Q. Had you any reason to believe they could f
A. I heard something about selling some bonds; not those, how-
ever, belonging to the State.
Q. Do you know what induced Mr. Hillyer to go to Washington
to dispose of the bonds ?
A. The desire to put funds in the Treasury, under the idea ihey
eonld be sold there*
Q. Did you have any communication with him prior, in relation
to it?
A. I do not remember whether I did or did not.
Q. Did you communicate to him your belief that any of the State
bonds could be sold in Washington ?
A. I don't remember the circumstances, but think it likely I
«d.
Q, At what price did you have reason to believe they could be
ioM for in Washington 7
IMnAOHMXNt 0A8X8. 88t
A. Well, sir, that was in nfereniee to a private tFanaaetioii of mj
own. I should be glad to hare the Senate excuse me from answer-
ing . It had nothing to do with the State.
Q. Did you communicate what knowledge or information you had
in relation to the sale of bonds, to Mr. Hillyer t
A. My impression is that I did.
Q. Was it not upon that knowledge and information Mr. Hillyer
went to Washington f
A. No, sir^ I think not.
Q. Did you hsTe any conversation with Mr. Hillyer, as to whera
in Washington they could be disposed of T
A. I think I did.
Q. Where?
A. That was a matter equally private, which concerned myself
and another indiyidual, and no one else.
Q. What time did you and Mr. Hillyer arrive in Washington t
A. I started on the 28th of October. Mr. Hillyer the next day*
I should have gone two weeks earlier, but failed to obtain some
money. I arrived ii^ Washington about the 8th of November. Mr.
Hillyer arrived the day before me.
Q. Then you arrived in Washington the fast weeks in November
" youf
A. It could not have been later than the 10th or llih. '
Q. To whom did you say they were sold f
A. To Mr. Stevens.
Q. At what price 1
A. At sixty cents on the dollar.
Q. How many f
A. I think t87,000 was about the amont whioh wei* la ba ^M.
Q. Do you know of your own knowledge, or ham Mr. Hilteer
t^ any konda were antmated to Mr. Stevens prior to yeuv going to
Washington f
A. No, sir, I do n^ot. Aal said befere, I did not keep a^ run
of the bonds. I never had one in my hands befengbg to theSitalM
that I know of.
Q. What other bonda wefe pkeed in Mr. Stevens' ha^ij f hmiiB
those belonging to the State t
A. Several iadividnah had bonds, which were put in Mr.
382 PBOonDiNQs in tbb
Q. Did Hr. Hilljer have aoj ?
A. I think he did.
Q. About what amount 1
A. Over tl,0OO. I think about t2,000.
Q. Were they sold to Stevena t
A. They were.
Q. At what price 7
A. Mr. Stevens gave him seventj cents, I believe,
■
Q. What price was agreed upon between Mr. Hillyer aod Mr.
Stevens at the time he sold his individual bonds to him ?
A. I don't know that there was any price agreed upon at all.
Q. Was the SUte then the owner of tl50,000 of bonds ?
A. I cannot tell. Don't know what amount was paid in.
Q. Did you not know that a considerable portion had been used
in redemption of State scrip t
A. I knew that some had been, but did not know how much. 1
never visited the Auditor's office on that business, and don't know
aaything more of the transactions of his office than I do of yours.
Q. Do you know anything in relation to the coupons, what be>
eame of them ?
A. I think they went to Mr. Stevens.
Q. Were they delivered with the bonds to Mr. Stevens ?
A. I think so.
Q. What time were the bonds delivered to Mr. Stevens J
A. I cannot tell from any data that I have now. It was not Ipng
before I started home.
Q. Were they delivered before or after the agreement betweea
you, and Hillyer and Stevens T
A. I don't know certain. ' '
Q. Was it before, ot after?
A. I thiak aft«r.
• Q. Was any arrangement made by you and Hillyer, with Stevens,
in relation to the coupons ?
A. I ihSnk the understanding was, that they should go with the
Mttds.
Q. Then the understanding between you was, they were to be sold
to Stevens 1
A. That was my
IMPEACHMENT 0A8B8. 383
Q. Was it understood between yoa and Mr. Hillyer 'f
A. I have never said a word about it to the geatlcuiau since.
Q. At the time ?
A. I don't think much was said.
Q. What was the conversatioa between you and Hillyer, in re-
l^ard to it ?
A. There was only a word or two. I don't lem^mber distinotlj^
I never looked at the law, not expecting to have anything to do with
the sale of the bonds.
Q. Was it in regaid to it If
A. 1 think it was. I cannot reuieinber any distinct conver^atiou
about it.
Q. For what purpose was the power of attorney, signed by Gov>
ernor, Secretary and Auditor, executed ?
A. I can state no other object but what was contained in the in-
strument. I had no other object.
Q<. Was it not made to facilitate Stevens' operations with the
department J
A. The primary object was to facilitate the sale.
Q. Was it not made with a view of the sale to the Interior De>
partment ?
A. Yes, sir, I suppose 16 was.
Q. Why was it dated on the 25th of October ?
A. I do not know that I could teH you. I have no recollection
ihmt it bore any other date than that on which it was written.
Q. By whom was the paper written ?
A. Originally, in Mr. Stevens' hand wrhkig. I donH know that
I cf^ed Ihat papers There was one p^per copied by me. I woaM
Mi swear that it was that* paper, but have «a inqirSBsiott thpt It Was
ihat one.
OBOM axamivxp by thb Bsrailn.
Q. When you speak of the contraet, do you mean anything more
IbMi what appears by the paper ?
A. I tihkik I have stated thai once, ihat I did not.
Q. This is the paper to whibh I refer.* Is thb the
traei you made f
A. Thai is the only eoniraoi, as I understand it.
It,
4iM VBOOlBDIIfOS in THS
Q. Do y<m iWBifmber if this dooamont ir«A ezeoufeed near Ike
^|06e of iho negotiatioDB f
A. Yes, rir, yeiy near the oloee of the negotiations.
Q. Do joa remember withdrawing the bonda from llr. Stevtua"
haiidBi before thia contract was made 1
A. I remember this : that I had an idea we could sell the benda
at scTcnty cents. Mr. Hillyer came once, and said Mr. 8t«rena
wduld not giro mere than six^ cents, and I refiised to take less
than sizty-fiTe cents. I then went to the Capital to hear General
'f«iie speak.
X). Was it after that, yon executed this paper t
A. It was towards the reiy laat day of my being in Washia^;ton.
Q. Why was it dated the third of December 7
A. I did not know that it bore any other date than that npon
^hich it was executed.
Q. Do you remember who drew this paper 1
A. My impression is, that Mr. StCTcns did. I would noi swear
U It. It is only my impression.
Q. Did you, at any time, hsTc any infonaatio& that the bonds
could be sold for eighty-ftYc cents 1
A. No, sir, not till after I got back to Kansas.
1). What was the highest amount yoa supposed thcf couM be
^eold/or?
A. I had raasoB to expect they could be sold at scTCAty cents.
Q. Did yotti ai any time, believe they could be soldiiNr aoiu than
seventy cents f
A. No» sir. If I had« I should not h»?e aeeedad to the trade.
"Q. Was yov infeniatioB ecttmunieailed ftankly lo Mr. Eilly«rt
A. I spoke to him aersral tlmee aWul il The scfcntj eeHtS'
-which I wan to receiTc fbr my own.
P. What induced yra to svppcM it wa» neoessBsy to emplej Mr.
^Sterena, to negotiate these bends I
A. Oen« Pomeroy was the principal man who induced me to b*'
'belicTe that Mr. Bterens was-the only man. He said hm himm
relationa with Mr. Smith was of su/sh a character.
Q. Did Ckn. Pomeroy decline to make the nq;ottatieiia hinisein
A. Tee, sir, he did.
<2- ]>U1 yom tpply to Urn to maka it?
IMPSAOHMUIT OASIS. 886
A. Yes, sir, we did the very day I got there.
Q. Had Mr. Hillyer any interyiew with Gen. Pomeroy before
year arrival 7
A. I think he told me he had.
Q. Was his information from Mr. Pomeroy, the same as your
own ?
A. Yes, sir.
Q. Did you and Mr. Hillyer, or either of you, communicate your
conclusions to General Pomeroy about taking sixty cents ?
A. Yes, sir.
Q. What was his advtee on the subject ?
A. After I refucMsd to take sixty cents, Mr. HIilyer said it would
do the State great injustice in her then condition. I aaid I would
go to Mr. Pomeroy. I did so, and told him all about it, and he ad-
vised me to stay.
Q. Did you communicate this conversation to Mr. Ilillycr T
A. Yes, sir.
Q. What did you suppose Stevens was getting for the bonds t
A. I did not know, he said he could not afford to pay more than
*•
«ixiy cents.
Q. What light did you look on the difference between sixty cents
and the amount he got ?
A. As pay for him in making the negotiation.
Q. Did you know or suppose^ he employed other persons to assist
htm in making the negotiations ?
A. Yes, sir, I supposed he did.
Q. You said in your letter to Mr. Weir, you had called on the
President. Was the statement correct ?
A. I was at the President's levee; mentioned the bonj matter to
him after the close.
Q. Did you say the coupons were attached to the bonds when
Stevens got the bonds, or did you know anything about it, of their
being detached by Stevens ?
A. If I have any distinct remembrance of it, it is that I saw Mr.
Stevens in his own room, taking off some coupons, whether on the
bonds of the State or not, I do not know.
Q. Do you remember if Mr. Hillyer declined to sign the Gov-
ernor's name to the paper ?
25
386 PROCESDINQB IN THE
A. I think be told me I had better do it.
Q. Did he not say you bad better do it if you bad the authority ?
A. That question was discussed, I thought I had such authority.
Q. Did he not say he had no authority ?
A. I don't remember that he used such a remark.
Q. You had no authority to sign, only this kind of a paper, did
you?
A. No other paper.
Q. What was the Governor's expression when he authorized you.
as you supposed, to sign his name ?
A. It was that he would consent to any arrangement that could
be made^ to sell the bonds.
Q. You inferred from that circumstance, you had authority to
sign this paper '(
A. I had no doubt of it.
Q. Did Mr. Stevens, or any one else, pay Mr. Hillycr for thc«i
negotiations ?
A. Not to my knowledge.
Q. Or promise him anything direct or indirect ?
A. Not that I have heard of.
Q. Was anything paid to you ?
A. Not a farthing. I know I was $250 out of pocket when 1 got
home, and I always expect to be.
Q. Was there anything in the conduct of Mr. Ilillyer, to lead
you to believe that he was doing it for anything else than serving
the public 7
A. That is the only motive I supposed, or now believe, be had.
Q. What information induced you to believe it was necessary to
make thiv sacrifice to get the negotiation accomplished ?
A. It was stated in Washington, and, among other persons, by
Gen. Pomeroy, that the bonds of other State.^ were being pressed
upon the market at forty cents. One of the north western States at
forty cents, and if we made any noise, ours could not be sold at all.
Q. What information did you have, that led you to believe Mr.
Stevens would incur any expense in making this negotiation 1
A. I had no definite information, but owing to the character of
those assisting Mr. Stevens, I thoight his expense must be heavy
indeed. Any gentleman who will go to Washington on similar
bnainesfl, will be satisfied of that fact.
IMPEACHMENT CASES. 887
Q. Can you state from your own knowledge, that it was in the
knowledge of Mr. Hillyer, that it was necessary to make this sacri-
fice, in order to negotiate the bonds ?
A. He thought it was necessary to sell the bonds at that pricei
or they could not be sold at all.
Q. Had you an idea that Mr. Stevens was getting seventy cents ?
A. I supposed he might be getting seventy cents. I thought so
from a certain private transaction of my own, sometime before.
By a Senator. — ^Did you know that the war bonds had been sold
to the department at that time ?
A. I heard so. I did not know that Mr. Stevens had sold them
nor who had bought them.
Q. At what price were they dold to the department ?
A. I heard at forty cents.
[Q. W. COLLAMORE'S TESTIMONY.]
Gen. CoUamore was called and sworn on the part of the prose*
cution :
Q. Gen. Do you know anything of the negotiation of the seven
per cent, bonds 7
A. I do not.
Mr. Stanton. — ^We do not desire to cross examine.
Attorney General. — In behalf of the Board of Managers, I wilF
rttate we rest our case.
Mr. Stanton. — The defense do not wish to offer any testimony.
Attorney General. — ^May it please the eoort, we waive the open^
ing. I do this not for any sharp practice over the gentlemen, but
because we think it not necessary.
[ARGUMENT OF HON. F. P. STANTON.] •
Hon. F. P. Stanton then addressed the Senate as follows :
Mr. President and Senators :
I would have nothing to say in this case^ but would let it pass
to your consideration without any argument, were it not thatj^in
Robinson's trial certain points were made by the Attorney General,
in conclusion, which we had no opportunity to answer ; and one of
the Senators, in announcing his vote against the accused^ stated a
principle, which I believe to be unsound in law, as applicable to
the circumstances of these cases.
388 PROCEEDINGS IN THE
The Attorney General assumes the ground that motiye or intent
has nothing to do with a case in which there is a violation of a pos-
itive law. It is sufficient, according to his view, if the party
intended to do the unlawful acty no matter what may have been his
motive or object.
This position seems to me to be not only inconsistent with the
authorities, but utterly abhorrent to every mind imbued with the
true principles of criminal justice as established by the common
law. In all cases where errors and violations of law are committed,
by persons having any thing like a judicial discretion, the penalties
of crime are never inflicted unless a bad motive be established by
proof The same principle applies equally to ministerial officers
whenever it becomes their duty to construe and execute laws. I
apprehend that no such sweeping declaration of tho entire imma-
teriality of motive in criminal cases, was ever heard before in this,
or any other country, where the common law prevails. If the prin-
ciple be sound, then every political officer in the land will be liable
to impeachment for every mistake, involving a violation of law, and
no purity of motive, or innocence of intention, will be sufficient to
screen him from the consequences.
I congratulate the defendantS| however, convicted though they
may be, upon the fact that the prosecution has been compelled to
resort to such a ground in order to secure a triumph through your
decision. The judgement of this body will be of little consequence,
if it be based upon a principle which acknowledges the moral inno-
cence of the parties condemned. You may possibly deprive the
Secretary and Auditor of their positions for the unexpired portion
of their terms, but you cannot deprive them of their good name, so
long as you acknowledge them to be free from the taint of all cor-
rupt or sinister motive.
I have alluded to the reason, given by one of the Senators, for hii
vote to convict, on the trial of John W. Robinson. I understood
him to say that in pronouncing the defendant guilty upon the firrt
article of impeachment, he did so because the law held him to be
affected with knowledge of all his agent's acts, and made him crim-
inally responsible therefor. I deny the soundness of thfa position,
and I deny also its applicability in this case.
From the vote of Senators, in the case of Secretary Robinson, I
take it for granted that the first Article of Impeachment is the only
one upon which the present defendant will be liable to be convicted.
IMPEACHMENT OASES. 889
I ahall therefore confine my attention to that article alone. The
•ubstance of the charge is this : that the defendant, Hillyer, aathor-
iied Stevens to sell the bonds at any price oyer 60 cents, and to
acconnt to the State for only sixty ; that Stevens sold at 85, with
the fall knowledge of Hillyer ; that inasmuch as the law limited
the sale to 70, and Hillyer had full knowledge that the sale was
made at 85, the State was defrauded out of iu just rights. These
are the effective statements of the charge.
Now I assert that the most material part of this statement is
entirely untrue — proved to be so by the most positive and unshaken
proof. I assume that the asserted knowledge of the defendant is
the very gist of the offense described in the article ; otherwise, it
would not have been reiterated, over and over again, as it has been
in this carefully drawn Article of Impeachment. HiUyer knew that
Stevens ioa$ getting 85 per cent, for ike hands. Yet he agreed to
arcept, for the State^ only 60 per cent. Such is the charge ; but in
order to correspond with the proof, it ought to run thus : Hillyer
did not know what Stevens was getting for the bonds ; and^ in his
ignorance, he agreed to accept, for tlie State, only 60 per cent, I insist
that these two propositions, one of which is true and the other false,
are as different and repugnant as two propositions can be. The
latter represents the facts as they are established in testimony ; the
former is the substance of the charge as presented by the House of
Representatives.
In the former trial I endeavored to show how the Secretary and
Auditor had been designedly kept in ignorance of the facts by Mr.
Stevens. Yet, in spite of this concealment by the agent, I under-
stand it to be insisted that, even in a criminal case, a party is held
to have knowledge of facts which his agent studiously conceals from
kim, merely because the relation of principal and agent exists
between them. This is not a case in which the parties ai% engaged
in a conspiracy, or in which the one is accessory to the crime of
another. It was no crime — ^no violation of law — for Mr. Stevens
to sell the bonds at 85 per cent. That was a perfectly lawful act.
If there was any crime at all, it was in agreeing to take 60 per cent.,
knowing the bonds could be sold at 85. This knowledge is the very
body of the crime ; yet this is to be presumed, by force of some
arbitrary rule of law, and in the teeth of overwhelming testimony
to the contrary.
The contract between the two State pffieers and Mr. Stevens, has
been spoken of as a sale of the bonds to him at the rate of 60 per
390 PB00SEDINO8 IN THX
cent. ; bat this is not the legal purport of the instrument, as will
be seen at once upon reading it as follows :
[Copt.]
This certifies that we haye employed and constituted B. S. Steyens
an agent on the part of the State of Kansas to negotiate and sell
all the seyen per cent bonds of said State, issued in accordance with
the proyisions of an act of the Legislature of the State of Kansaa,
approyed May 1, 1861, and an act supplementary thereto, approyed
June 3, 1861, authorizing the issue and sale of one hundi0d and
fifty thousand dollars of the bonds of said State; and we hereby
agree to giye him for his seryices as such agent, all and whateyer
amount of money he may receiye for said bonds oyer and aboye
sixty cents (60 cents) on the dollar ; that is to say, for all the
bonds, belonging to the State, which the said Steyens may sell^
he is to pay into the State treasury the sum of sixty cents (60 cents)
on each and eyery dollar]
Witness our hands this third day of December, A. D., 1861.
JOHN W. ROBINSON, Secretary of State,
GEO. W. HILLYER, AiidUor of StaU.
Now, according to the terms of this instrument, Mr. Steyens was
not constituted the agent of these defendants^ but the agent of the
State. It may be a question whether they had the power of substi-
tution^ but they undoubtedly assumed to place him in the position
of agent for the State for the sale of these bonds. The relation,
therefore, of principal and agent does not exist between the parties.
Neither does this instrument import a sale of the bonds to Mr.
Steyens at 60 per cent. It is simply a stipulation that he shall haye
all oyer 60 per cent, as compensation for his seryices. Nor does this
paper, in terms, authorize Mr. Steyens to yiolate the law of Kansas
in the sale of the bonds, for the law is referred to in it, and there-
fore yirtually made a part of it. View the matter in whateyer
aspect you may, you can make of it nothing more nor less than t
contract to allow a contingent compensatio'n to Mr. Steyens, depend-
ent upon the rate at which the bonds might be sold. To this com-
plexion it must come at last; and then it follows that the wisdom or
foUy^ the innocence or criminality of the defendant, is to be deter-
mined by the state of their knowledge as to the yalue of the bonds
and the probable rate at which they could be sold. The extraya-
gance and enormity of the difference between the sum to be paid to
the State, and that which was to be receiyed by Mr. Steyens, giyw
IMPEACHMENT OASES. 391
character to the transaction ; and just in the proportion that this
diffevence was known to the defendants, were thej responsible for
consenting to its extravagance and enormitj.
They were prohibited from selling the bonds at less than 70.
They were, therefore, responsible for the difference between 60 and
70. The arrangement with Mr. Stevens allowed him 10 per cent.
at all events. But this is a very different compensation from 25
per cent. If the defendants had any good reason to know or believe
that Mr. Stevens would receive this large amount, they might be
called upon to justify themselves. The facts, however, were artfully
withheld from them. They were alarmed at the prospect of entirely
failing in the negotiation ; and, in the view which they had of all
the circumstances; they evidently felt not only authorized but com-
pelled to submit to the terms demanded. But I have already argued
this point, and I forbear a repetition of the argument. It is for
you to determine, not whether it was wise and prudent for them t9
make the contract, but whether it was criminal and impeachable. '
An honest mistake— even a great error of judgment — is always
excusable when the motive is good.
The Attorney General, in concluding the case of John W. Bob-
inson, made an appeal which, I am sure^ in his cooler moments^ wheo
not excited by the conflict of argument, he would never have made.
Hs warned you of the greeting you would receive, at the hands of
the people, if you acquitted the defendant. He spoke of the
ploughman on the prairies, and referred you to him for eonsidera-
tions to control your judgement here.
The extraordinary principles of law, oQntended for in this case,
are kindred in their character to this extraordinary appeal. They
are worthy of each other, and I commend them both — the principles
of law announced, and the popular appeal — as fit accompaniments
to grace the results of this trial.
You are judges. You have taken an oath to do justice according
to the law and the testimony. You ought to be very far removed
from popular influences ; and, above all, such appeals to ignorant
prejudice and passion. I appeal to your consciences and to the
sacred obligations which rest upon you, to do justice, " without fear,
favor or affection."
S92 PR0CBEDINQ8 TN THE
AFTERNOON SESSION.
Two o'clock, p. H.
The Senate, sitting as a Uigb Court of Impeachment, met pur-
suant to adjournment.
President in the chair.
Roll called. Quorum present.
Present. — Hon. S. A. Stinson, and Board of Managers, on the
part of the House of Representatives.
Hons. Fred. P. Stanton, Wilson Shannon and George W. Smith,
counsel for respondent.
George S. Hillyer appeared in person.
On motion of Mr. Ingalls, the same order was ohserved in the
ease of George S. Hillyer, as was ohserved in the case of John W
Rohinson.
The President. — Gentlemen, jou hare heard the eridence and
arguments upon the case of George S. Hillyer, and you will prepare
to vote upon the first Article of Impeachment, which will now he
read by the Secretary,
Secretasy read the first Article.
The President then took the opinion of the membem of the Court,
respectively, in the form following :
Mr. , how say you ? Is the respondent, George S. Hillyer,
GUILTY or NOT GUILTY of a High Misdemeanor, as charged in
this Article of Impeachment f
The following gentlemen voted Guilty in response to the Chair:
Messrs. Bayless, Cobb, Connell, Curtis, Essick, Holliday, Hubbard,
Keeler, Knowles, Lambdin, McDowell, Rankin, Rees, Roberts,
Sleeper, Spriggs and Mr. President. — 17.
Those voting Not Guilty were Messrs. Barnett, Denman, Ingalls
and Lappin.— 4.
When Mr. Cobb's name was called, he arose in hii place and
•aid:
Mr. President : — ^Allusion has been made to the votes of Seia-
IMPXAGHMENT CASES. 89B
tors on this floor in some instances, as tbongb there was danger of
their action conforming to the measure of popular opinion at home^
rather than to the justice of the case at bar. When he entered
upon the duties of Auditor of the State of Kansas, George S. Hill^
jer, with uplifted hand, in the presence of his Ood^ took a solemn
oath to support the Constitution and the laws. When I entered
upon my duties as Senator and judge in this bodj, I also took a
solemn oath to do justice to the respondent and the State, according
to the law and the evidence. That no opinion of my constituent*
or elsewhere can influence my vote, I do not deem it necessary to
disclaim. In the confines of my own breast, by the law, and the
eridence before me, I have tried him ; and I now perform the most
solemn duty of my life, when I pronounce Oeorge 8. Hillyer Ouiltt
upon the first Article of Impeachment.
When Mr. Stevens' name was called, he rose in his place and
said :
Mr. President : — ^For the same reasons as in the case of John .
W. Robinson, I make the same request of the Senate that I did
then : to be excused from voting,
By consent, he was excused.
Whereupon, the President declared that seventeen Senators bar
ing voted Guilty ^and four Not Guiltt, George S. Hillyer ift-
pronounced, by the Senate of the State of Kansas, OuiUy of the
charges contained in the first Article of Impeachment, exhibited
against him hf the House of Bepresentatives.
The Secretary then read the second Article of Impeachment, and
the President proceeded to take the opinion of the Court in the
preceding form.
The following gentlemen voted Guilty in response to the Chair:
Messrs. Cobb, Curtis, Knowles, Lambdin, McDowell, Kankin, Eob^
erts, Spriggs and Mr. President. — 9.
Those voting Not Guilty were Messrs. Bamett, Bayless, Connelly
Denman, Essick, HoUiday, Hubbard, Ingalls, Keeler, Lappin, Bees
and Sleeper. — 12.
Whereupon, the President declared that nine gentlemen having
voted Guilty and twelve gentlemen Not Guilty, George S. Hill«
yer, Auditor of State, is acquitted, by the Senate of the State of
-894 PEOCEEDINOS IN THE
Kansaa, of the charges contained in the second Article of Impeach-
ment, exhibited against him by the House of Representatiyes.
The Secretary then read the third Article of Impeachment, and
>the President proceeded to take the opinion of the Court in the pre-
vions form.
The following gentlemen voted Guilty in response to the Chair :
Messrs. Cobb, Curtiss, Lambdin, McDowell, Eankin and Spriggs.
—6.
Those Toting Not Guilty were Messrs. Barnett, Bayless, Connell,
Denman, Essick, Holliday, Hubbard, Ingalls, Keeler^ Knowles,
Lappin, Kees, Roberts, Sleeper and Mr. President. — 15.
Whereupon, the President declared that six gentlemen having
voted Guilty and fifteen gentlemen voting Not Guilty, George
S» Hillyer, Auditor of State, is acquitted, by the Senate of the
State of Kansas, of the charges contained in the third Article of
Impeachment, exhibited against him by the House of Representa-
•tives.
The Secretary then read the fourth Article of Impeachment^ and
ihe President proceeded to take the opinion of the Court in the pre-
vious form. •
The following gentlemen voted Guilty in response to the Chair:
Messrs. Bayless, Cobb, Connell, Curtis and McDowell. — 5.
Those gentlemen voting Not Guilty were Messi:s. Barnett, Den-
man, Essick^ Holliday; Hubbard^ Ingalls, Keeler, Knowles, Lamb,
din^ Lappin, Rankin^ Rees, Roberts, Sleeper, Spriggs and Mr.
President. — 16.
When Mr. Essick's name was called, he arose in his place and
said :
Mr. President : — In reference to the fourth Article, I believe
Mr. Hillyer guilty of the facts charged, but do not think they con-
stitute a misdemeanor. Hence I shall vote Not Guilty.
Whereupon, the President declared that five gentlemen having
voted Guilty and sixteen gentlemen voting Not Guilty, George
S. Hillyer, Auditor of State^ is acquitted, by the Senate of the State
IMPEACHMENT OASES. 395
of Kansas, of tlie charges contained in the fourth Article of Im-
peachment, exhibited against him by the House of Representatives.
The Secretary then read the fifth Article of Impeachment, and
the President prooeded to take the opinion of the Court in the pre-
vious form.
The following gentlemen voted Ouiltt in response to the Chair :
Messrs. McDowell and Spriggs. — 2.
Those gentlemen voting [Not Guilty were Messrs. Bamett,
Bayless, Cobb, Connell, Curtis, Denman, Essiok, Holliday, Hubbard,
Ingalls, Eeeler, Knowles^ Lambdin, Lappiu; Rankin, Rees, Roberts,
Sleeper and Mr. President. — 19.
Whereupon, the President declared that two gentlemen having
voted Guilty and fourteen gentlemen Not Guilty, George S.
Hillyer, Auditor of State, is acquitted, by the Senate of the State
of Kansas, of the charges contained in the fifth Article of Impeach-
ment, exhibited against him by the House of Representatives.
The Secretary then read the sixth Article of Impeachment, and
the President preceded to take the opinion of the Court in the pre-
ceding form.
The following gentlemen voted Guilty in response to the Qhair*
Messrs. Knowles, McDowell, Roberts and Spriggs. — 4.
Those gentlemen voting Nor Guilty were Messrs. Bamett, Bay-
less, Cobb, Connell, Curtiss, Denman, Essick, Holliday^ Hubbard,
Ingalls, Eeeler, Lambdin, Lappin, Rankin, Rees, Sleeper and Mr.
President. — 17.
Whereupon, the President declared that four gentlemen having
voted Guilty and seventeen gentlemen voting Not Guilty, George
8. Hillyer, Auditor of State, is acquitted, by the Senate of the
State of Kansas^ of the charges contained in the sixth Article of
Impeachment, exhibited against him by the House of Represen-
tatives.
The Secretary then read the seventh Article of Impeachment, and
the President proceeded to take the opinion of the Court in the pre*
vious form.
896 PBOOBEDINQS IN THX
The following gentlemen voted Not Guiltt in response to the
Chair: Messrs. Barnett, Bayless, Cobb, Connell, Curtis, Denman,
Essick, Holliday, Hubbard, Ingalls, Keeler, Knowles, Lambdin,
Lappin, McDowell, Rankin, Rees, Roberts, Sleeper, Spriggt and
Mr. President— 21.
Whereupon, the President declared that no gentlemen haying
TOted Q-uiLTY and twenty-one gentlemen having Toted Not Guilty,
George S. Hillyer, Auditor of State, is acquitted, by the Senate of
the State of Kansas, of the charges contained in the seyenth Artiele
of Impeachment, exhibited against him by the House of Represent
tatiree.
The President then rose and recapitulated the vote thus:
On the first Article of Impeachment, seyenteen gentlemen having
voted Guilty and four Not Guilty; on the second, nine gentlemen
having voted Guilty and twelve Not Guilty; on the third, six gen-
tlemen having voted Guilty and fifteen Not Guilty; on the fourth,
five gentlemen having voted Guilty and sixteen Not Guilty; on the
fifth, no gentleman having voted Guilty and nineteen Not Guilty,
on the sixth, four gentlemen having voted Guilty and seventeen Not
Guilty; on the seven th, twenty-one gentlemen having voted Not
Guilty; it, therefore, appears that George S. Hillyer is found Guilty
of High Misdemeanor in office, as charged in the first Article of
Impeachment, and is Acquitted on the second, third, fourth, fifth,
sixth and seventh Articles.
The President then proceeded to take the opinion of the Court in
the following form :
The Senate of the State of Kansas, sitting as a High Court of
Impeachment, having found the respondent, Gkorge S. Hillyer,
guHty of a High Misdemeanor, is it the opinion of the Court that
George S. Hillyer should be removed from office?
•
Those gentlemen voting in the affirmative were Messrs. Bayless
Cobb, Council, Curtis, Essick, Holliday, Hubbard, Keeler, Knowles,
Lambdin, Lappin, McDowell, Rankin, Rees, Roberts, Sleeper, Spriggs
and Mr. President. — 18.
Those gentlemen voting in the negative were Messrs. Denman
and Ingalls. — 2.
Whereupon, the President declared that it is the judgment of the
Senate of the State of Kansas, sitting as a High Court of Impeach*
ment) that George S. Hillyer be and is removed from the office of
Auditor of the State of Kansas.
IMPBAOHMENT OAS^B. 397
The President then proceeded to take the opinion of the Senate
in the following form:
That the Senate of the State of KanBaB, sitting as a High Court
Impeachment, haying found George S. Hillyer guiUif of a High
Uisdemeanor, and having reraored him from office, is it the opinion
of the Senate that the said George 8. Hillyer he disqualified firom hold-
ing an office of profit, honor or trust, under the Constitution of the
State of Kansas?
The following gentleman voted in the affirmative : Mr. Enowles. — 1.
Those voting in the negative were Messrs. Bamett, Bayless, Cobb|
Gonnell, Curtis, Denman,£s8ick,Holliday, Hubbard, Ingalls, Keeler,
Lambdin, Lappin, McDowell, Rankin, Bees, Roberts, Sleeper, Spriggs
and Mr. President. — ^20.
Whereupon, the President declared that one gentleman having
voted in the a^rmative and twenty gentlemen voting in the nega-
tive, it is not the opinion of the Senate that George S. Hillyer shall
be disqualified from holding an office of profit, honor or trusty under
the Constitution of the State of Kansas.
TRIAL OF CHARLES ROBINSON.
On motion of Mr. Ingalls, notice was given to the Managers of
the House and the Counsel, that the Senate was ready to proceed
with the trial of Charles Robinson.
Messrs. Bayless, Cobb, Knowles, Lappin and Rankin, came for-
ward, and took the following oath :
*^ You do solemnly swear, that in all things pertaining to the
trial of Impeachment of Charles Robinson, yon will do impartial
justice, according to the law and evidence. So help you Gh>d.''
The following agreement was submitted by counsel :
It is agreed, in open Court, between the Managers and Counsel:
on the part of the House of Representatives, and the Respondeniy
that all the evidence heretofore oiFered in the matters of Impeach-
ment of John W. Robinson and George S. Hillyer, be considered
as evidence in this case as fUly as if the witnesses had been sworn
*and testified in this ease, and the depositions and testimony had
been oiFered and read in this case.
EviBiNOX of Gen. J. G. Stone, mentioned as being taken on
Friday^^in the case of Charles Robinson, as per agreement :
898 PBOOSEDINGS IN THE
Attorney Qeneral. — General^ what, if anything^ do you know of
Oovernor Robinson's connection with the bond sale in Washington ?
Witness. — Not anything.
Q. Do you know of any arrangement between the Governor and
Hr. Stevens, prior to the sale ?
A. I do not.
Q. Did you ever h^ar him allude to the war bonds f
A. I don't know that I ever heard him allude to the war bonds.
. Attorney General to the Defense. — You can take the witness^
. Mr. Stanton. — We do not wish to cross examine.
Gen. Collamore called and sworn on the part of the prosecution-
Attorney General. — I believe you have been acting as Quarter-
master General of this State, have you not ?
A. I have.
Q. What do you know of the war bonds issued under the act of
May 7th, 1861 ?
On entering upon the duties of the office, those bonds were
promised to me by Governor Bobinson, to subsist and pay the ex-
penses of transportation of the Kansas volunteers. At that, time I
supposed the Governor had control of them. About that time, a
purchase of bacon was made of Mr. Morrow of Lawrenee, under an
agreement that he would take the war bonds at 100 cents on the
dollar. I learned, subsequently, that the Governor had no control
over those bonds. But before I was appointed, and before the
bonds were created, I had written to parties East to ascertain if they
could be sold there. The negotiation had so far proceeded that one
gentleman wrote to me to send on the bonds. This was before I
learned that the Governor had no control of the bonds. They could
have been sold at par.
On the third of July, I met Mr. Dutton, who had control of the
war bonds, at Lawrence, and asked him if he has disposed of those
bonds ? My object in the inquiry was to ascertain if, by producing
my vouchers, I could obtain the money on them, I having spent
nearly S10,000. He was quite reserved in his manner towards me ;
00 much so, that I followed him to Topeka. He left in the stage,
and I came in my buggy. I met him in the office of Governor
Bobinson, and asked him <* what he would sell $10,000 of those
war bonds for, providing I found a purchaser V^ He replied
" that was an impossibility f to which I replied, '' I thought not/'
IMPEACBMENT OASES. 891^
and then repeated my interrogatory. He then said he was going
the next day to Chicago to negotiate) these bonds, and if any one
had offers to make, he would consider them when he came back. I
told him T had expended a large amount of money in subsisting
and transporting the first and second Regiments, Kansas volunteers,
and asked if I had my accounts audited, and a warrant drawn on
the Treasury, if he would give me a corresponding amount of those
bonds. He said '* no I" This was on the evening of July third,
in the presence and hearing of Governor Robinson. On the morn-
ing of the fourth T met G ov(»rnor Robinson near the Topcka House,
and spoke to him of the strange behavior of Mr. Button. The
Qovernor said he thought Mr. D. did not understand my proposi-
tion, and that he would sec him about it. I asked him to do so, and
in case that he agreed, to have him leave a portion of the bond^
with Mr. Hilly er, to be delivered to me on passing my accounts.
Uc subsequently told me in 1 .awrence that Mr. Dutton had agreed
to my proposition.
I subsequently wrote to Mr. Wood word, the Governor's private
Secretary, for him to see Mr. Hillyer. His reply is dated 10th of
July. If it is proper, I will read the contents of the letter, or so.
much thereof as refeni to the transaction.
[Copy.] Executivk Office.
LxECUTivE Office. >
Topeka, Kansas, July 16, 18(52, J
Gi:n. Collamore. — Dear Sir : I am informed by Mr. Hillyer^
that he is not authorized to deliver any bonds during the absence of
the Treasurer. Says, Dutton remarked to him that he had no
authority to negotiate the bonds for anything but cash, and that for
cash, he would as soon sell to Gen. Collamore as to foreign parties.
Mr. Hillyer knew not that you tried to get a cash proposition from,
him. Says Mr. I), must have misapprehended your motive. Mr.
H. suir^ests that you have vour accounts audited as soon as con-
veniout, and be prepared to present your warrants for payment as
soon ail the Treasurer returns ; sajs you will receive the ca.sh on
them, for Dutton is determined to negotiate the bonds at some rata
before returning. Very Truly,
J. B. WOODWARD.
I dropped the subject then till some time in August, when some-
thing induced me to write to Dr. Woodward again. I wrote, in-
quiring if there was any funds, and received the following reply 2.
KX) PB00XXDIN08 IN THl
State or Kansas, Bxioutivb OFnoB,!
Topeka, SeptemW 8, 1861.
GsN. G. W. GoLLAMORB. — Dear Sir : On mj arriral hoHie, last
erening, I found joors of tlis 8l8t alt. The State Treasurer is in
town, but is as destitute of funds as when jon last saw him, not
hating negotiated the bonds, as he anticipated. ICj priyate opinion
is, that his failure to raise the money, has been a great souroe of
mortification to him, being so confident prior to making the effort,
that it could easily enough be done.
If I can make any inquiries that will be of serrice to you in any
way, I will do it with pleasure.
Yours Truly,
J. B. WOODWARD
By Attorney General. — At the time you bought bacon, to be paid
in war bonds at par, did you agree to pay market price or not ?
Witness. — ^Before purchasingi I had the bacon examined by a
^ntleman whose opinion on the subject was better than minQ. He
pronounced the price a fair one for the article. I had told him that
it was to be paid for in war bonds, and that they could be sold at
par.
Q. At the time you proposed to take bonds to the amount of your
vouchers, what had been expended besides f
Jl. I could not say, sir^ only what came under my own obseiration.
'Q. In your official capacity as Quartermaster Ckneral, are not the
'expenses superrised by you f
A. Tes, nr.
^. Would not all legitimate expenses be shown by your Toueheis
A. They should be.
Q. Would the Touchers show the whole expenses incurred for the
two first Regiments ; transportation, &of
A. Oertainly they should.
Q. Was this proposition made in presence of the GoTcmor f
A. It was.
Q. Was it overstated by you in presence of the Governor, that
they oould be disposed of at par f
A. Yes, sir.
' Q. At what time 7
A. In the months of May or June, I think.
'Q. Oould they have been disposed of at that time for parf
▲. Th%j oottld, sir.
Q. To whoBi w«re thej aold, if jou know ?
A. I odIj know by eommon report.
Q. Did yon ever kaye any other conTersation with OoTOrnor
Robinson, in relation to these bonds, other than that you have
stated?
A. In the month of May or JTnne, I may have stated to Oot-
emor Robinson, seyeral times, that these bonds eonld be sold for
100 oents on the dollar, but not since. I found the Governor had
no eontrol over them. I thought then, and still think, that he sup-
posed at the time he had such eontrol.
Q. Did you have any eonyersation in relation to these bonds, prior
to the passage of the law ?
A. Yes, sir.
Q. What was the substance of that conversation ?
A. To this Sfffbot : That I had written to some eastern fUends isi
relation to selling the bonds, should they be created.
Q. Did you state to him the information you received in reply ?
A. I will not be positive that I did.
Q. What was that tnfonnation t
A. I oaanot stele without rAfemnoa to the letter received by sse
ftom Boston.
Q. How early in the season did you have your fast conveisation ;
when you told him you could sell at par t
A. I should think not ftr from the month of June.
Q. Did you ever have any conversation with the Oovemor in re-
gard to the amount that was to be issued J
A. The aoMunt was named as t20,000. That was the amount
that Oovemor Robinson said I could have to use.
Q. Who was the bacon purchased of?
A. Robert Morow*
OnOSS BXAMIIIATIOM BT MMnilSB.
Mr. Stanton. — ^Will you state from whom you received informa-
tion that thcee bonds could be sold at par ?
A. Geoig* L. Steams. I %Iso wrote to Governor Andrsw. I
have seen Mr. Stearns sbce, and not only his letters which I have
nowy but he himself has iM mt the bondn oeuld have been sold.
Q. After they weie iMmd did yon inlbiB Dntton T
A. No, sIb.
402 mOCBlDINOB IH TBS
Q. Did you infonn Gk>T. Bobinson f
A. I informed the Qovernor that tliey oo«)d be eold for one han-
dred oentB on the dollar.
Q. When did yon give him the information ?
A. On the third of Jnly.
Q. Where was it T
A. In Ihs offoe.
Q. In this city ?
A. Yes, sir.
Q. Who was present f
A. Mr. Dntton.
»
Q. Why did yon not inform Mr. Dntton where the bonds could
be negotiated?
A. Mr. Dntton was about to take them to Chicago for this pur-
pote, and he behaved so strangely to me that I did not wish to have
any more to do wilh him.
Q. Yon had the good of the State at heart, Mr. CoHamore, why
did you not tell Mr. Dntton that it wss Mr. Steams who wrote yon 1
A. His behavior at the time, and refusal to name any price at
which he would negotiate, as, also, his refbsal to take par, made me
think it was of no use.
Q» Did you offer him an hundred cents on the dollar t
A. I did.
Q. For how many?
A. To the amount of my vouchers.
Q. How much was that?
A. Seveal thousand dollars.
Q. Did he decline ?
A. He did.
Q. Upon what grounds ?
. A. He did not state hia grounds.
Q. Did Mr. Dntton ever bftr you those bonds ?
A. In the month of March, last, the early part, I came here and
nw Mr. Dutton. I presented him a warrant for about f7,000, for
payment. He had not the money in his safe, and wetat to Law-
rence, with me, to obtain it. We ibere saw Mr. Sntth, df^hier of
the Lawrence Bank, who remarked he could do nothing tiB he eaw
IMPBACHMSKT CA8B8. 408
tlM Qvwnar^ After tuning the GKnrernor, Mr. Dutlon oalled on bm
•Md aiked me to take • draft, or note of Boberi 8. Steyens, oa
lliirty days, whioh I refiued. At a aubseqnent interriew, he aeked
ne to take 15,000 in War Bonds. I asked kirn if he weald pay the
warrant I held on the treasury of the State of Kansas 1 He replied
by repeating his interrogatory, '^if I would aocept the t6,000 in
War Bonds 1" I answered by repeating my interrogatory again.
He then replied, *' If you will not reeeire the bonds, I will pay yon
jn money.''
Q. Did yott refuse to take those bonds ?
A. They were net offered to me only in the mftnner I have stated.
I did not refuse them.
Q. Did yon take those bonds 1
A. He neyer offored me any bonds.
Q. Did you ever oall for those bonds f
A. No, sir.
Q. Did yon e?er knve any of these bonds in yonr possession T
A. I never saw one.
Q. Did you ever make any other offer for those bonde — that is in
money f
A. No, sir— other than what I have stated in my direct ezamina-
tiaD) ss made in the Oovemor's office on the third of July, last.
Q. Did you make s proposition f
A. None— other than that.
Q. At any time subsequently ?
A. No, sir.
Q. Did you ever make a proposition to Mr. Carney to take them 7
A. I stated to Mr. Carney that I would leave the bonds with him
as security for the purchases I was making for the State.
Q. Was it a part of the eontract with Mr. Carney, if you could
not sell the bonds, diat he sliould take them at certain rates ?
A. Mr. Carney reAised to give credit to the State, preferring te
'gi?e credit en my own individual accounts. He refhsed to reeeire
the bonds as security, preferring to leave them with me for sale, as
I then had a prospect of selling them at par.
■ 0. What necessHy was tbere to let Mr. Oam^ have them if you
eould get par for them ?
A. It was necessary to have the goods at once fbrthe Volunteers,
404 pm>0KX>iira9 iff tbb
tnd if 1m woaUl gire Medii lo tli« fltat*, I psopdoed to kiire At
bonds whh him M aeoorit^. He doolinodi ud pvopootd to give om
OTodit.
Q. Did the Gk)Tetkior not say, in any conyersation, that he would
use his influence to get the bonds for yon ?
A. No, sir. He had promised them, and spoke about my haring
them. It was not fbr some time that I knew Gk)y. Robinson had no
eontrol oyer them. I made a jonrney to Topeka to obtain them,
and was told that the seal had not arriyed to plaoe upon theoL
I did not then know that the Goyemor had no oontrol over than.
I said nothing'fidrther to him after I found this out
Q. When was it he promised you the bonds for sale ?
A. In the early part of May.
Q. Do you remember Ooy. Bobinsen calling on you, at any time,
and asking where these bonds could be sold f
A. I do not. If he had done so I should haye reooUectad it
Q. Did you net tell Oeoige W. Sauth he had oalled en you, nnd
you refused to tell 1
A. No, sir. I neyer told him anything of the kind.
Q. What did you tell him on that subject t
A. Nothingi sir.
ISLAIflVATIOlff nr OHtH MMmJWOk*
By Attorney Goneral. — Did Dutton or Bobinson eyer ask yo^ to
whom these bonds could be soldf
w
A. Neyer, sir.
By Senator,— Gould all the war bonds haye been aold at jpar f
Witness.— Tee, sir,
Q. Was no arrangement of any kind eyet made by you w^th Mr.
Carney in reference to these war bonds?
A. Neyer.
Q. Did you neyer, while you wort tsptetbg to havu t|a di^poii-
^on of ihese bonds, haye any uadenlaading or telle with Mr. Chir-
qey as to what you if ould do with the bonds, with him, in eate jm
got them into your poss easion f
A. Nothing farther than whai I haye stated.
Q. At the time you made the offsr to Dutton, on the lUi4 of
July, what amount of money had you expended fet the State t
A. Seyeipl dMiwd doBan.
mnAOBXENT 0ABS8. 405
Q. Wlifti time did you lutTe jovr aoeoteto andlUfd 1
A. On the letk or 17tk of lasl Jtawury.
Q. At what time did you tint reorive infenitAtion from Mr.
fiteanifl that the war bonds conld be told at par t
A. Some time in Jane, I tbink.
' Q. On what day did yon receive Mr. Steama' letter ielRnrg yon
to fend him the war bonds, and that he wonld take Aem at par?
&. I eonld not tell, without reftrenoe to his letter.
■
Q. IKd any of the ilupplies, furnished by yon to the State o{
Kansas, belong to any society Sast 7 If they did, or oyer did, state
Iriiat society, and what connection, if any, Mr. Stams had with that
society.
A. Mr. Steams was chairman of the New England Kansas Belief
Committee, of which, at that time, I was acting as agent. At the
time of the call for volunteers, by the Preiiident, I had, stored,
sereral hundred sacks of flour, belonging to that committee, which
lour was made into bread for the rolutteers, and charged at prices
as named in bills audited by the Auditor, which bills have been paid
and account veadered to the committee.
[H. B. DOTTON'8 TESTIMONY,]
fi. B. Dutton called and sworn on part of prose<nition.
Q. At what time were the war bonds issued f
A. They were issued last June, and dated July first.
Q. What oonversation, if any, did you hare with Governor Kob-
inson in relation to the sale of the bonds ?
A. I asked him ff it was necessary that nearly the amount
mentioned in the bill, should be raised.
Q. Were those bonds signed by him f
A. They had his signature Co them.
Q. What amount was signed f
A. Nearly f40,000.
Q. What amount did he suggest should be sold?
A. I den't think he ever told me.
Q. Was he aware of the sale to Stevens ?
A. Not at that time, that I know of.
Q. Did he know the price they weie to be sold at, before the sale 7
A. No, sir. not to my knowledge.
409 psoonMNOB nr xoM <
Q. Do you remember tlie oenTefMiiioii between Ckn. Oollamoie
tad the Ck)Tenior, «Uaded to by Qen. OoUamore f
A. I do. About that time.
Q. Will you state tbe eonyenatioii f
A. I met a gentleman at Lawrenoe, wkom I afterwards found to
be Gen. Collamore. I did not know bim then, and told him 80,
when he spoke to me about the war bonds. He then introdueed
himself, telling me that Oovemor Bobinson had promised him the
Ijionds. I told him the QoTemor had no oontrol oter them. He said
he would go up to Topeka and see the Gk>vemor. I oame up in
the stage, and Oen. Collamore arrived shortly after. I wss in the
QoTemor's oflioe while he was there. During the oonyersation, he
said the bonds could be sold at par. I did not pay much atteniioa
to this. 1 had heard others say the same thing. He asked me
t^en to take a certain amount of scrip, and give him bonds whioh I
declined. Afterwards, the Goyemor told me, as I was about te
start East, that I had better leave the bonds for Oen. Collamore.
Q. At the time he proposed the scrip, did you know it was re*
ceived for his account for the support of troops J
A. I did not know there were any such accounts.
Q. Did he explain that his account^ or scrip were for the subsis-
tance of the troops f
A. I believe he did,
Q. Did you know those accounts were payable out of the war
funds r
A. I presumed the accounts were so payable.
Q. Did he present his accounts to you ?
A. Only his person.
Q. Did he make you an offisr for the bondaf
A. No, sir, not to my recollection.
Q. Did he teU you to whom, or whei« they eould be sold at |sr f
A. He said they CQuld be sold at par.
Q. Did you ask him where or to whom diey couhlbesoldatparr
A. I did not. I did not believe they could be sold ^i par, and
don't yet.
Q. Where did you leave the bonds for Mr. GoUamore f
A. I left them here in my safe.
IMFBAOBIUUIT OASIS, 407
"Q. Did joa leare them with Mr. HUlyer?
A. No, sir.
Q. Did yott promise to do so 7
' A. I neTor did.
Q. Did yoa inform him you hsd left them for him ?
A. I do not reoolleet weing him sgsin till Jsansry last.
Q. Did you then ofler him the honds ?
A. At the first time scrip was oflbrsd me, I offered him the
honds r ^^
Q. Did he take them ?
A. No, sir.
Q. Did he refnse to take them 7
A. He eraded the question. I asked him '^ if he would take
the honds I had kept for him J" He replied, " will yon pay my
aooount" I asked him again, to which he replied as before. This
I considered an etasion.
Q. Where are those honds now J
A. In my safe.
Q. Coald Gen. OolUmore have had them at any time by presenting
scrip?
A. Tea, sir.
Q. Yott kept them there for that parpose, did you ?
A. I did.
IXAMINATIO!! IN OHIIF RIStJMSD.
*Q. When did you offer them to Gen. Collamore f
A. Some time in ICaTch.
Q. Where r
A. In Lawrence.
Q. Where did you meet him t
A. Met him here.
Q. What was his business here 1
A. To get his accounts paid, I suppose.
'Q. Was it ^d then?
A. It has been paid. Not that day.
'Q. Where did you go with him f
A. Went to Lawrence.
Q. Did you offer him the bonds here f
4D8 pBfMODTiroi yk vrv
A. No, sir.
Q. How long did yott remain at Lawrence with him ?
A. I was there two or three days.
Q. Did you offer him the bonds before yon had the trouble about
getting the m6ney ?
A. I offerod him the bonds the next day after I got to Lawrence.
The bankers told me they had not, got the money.
Q.. DM jFOtt haye the bonds witik yo« 1
A. No, sir.
Q. Did you ever tender them to him ?
A I nerer handed them to him.
Q. Where were they ?
A. In my safe.
Q. Ton say they are there yet ?
A. They are there yet. I did not take them down with me, be-
eanse I did not^ nor never have supposed he wanted them.
By a Senator.— Where is the balance of $9,000 of those war
bonds?
A. In my safe.
Q. Hare you any other bonds on hand now except those $9,000 T
A. No, sir.
[JOHN W. ROBINSON'S TESTIMONY.]
John W. Robinson called and sworn on part «f the pvoseeutioii.
Q. What, if anything, do you know of Qofvennor Biobinson
signing the war bonds ?
A. I knew that he signed them.
Q. What amount ?
A. My impression is that he signed the whole amount used— $81,-
000. I don't know whether he signed the rest,
Q. Did you ever have any conyersation with the Governor in
regard to those bonds f
A. I do not know whether it was Mr. Dutton or Gt)vemor Rob*
inson, who came to me for my signature. I Vent into Dutton's
office and signed them.
Q. Do you remember any conversation with the Governor, about
those bonds J
IlfFXAOHinBNT CA8X8. 40^
A. I donH remember anything about them, ezeept the signing of
Q. j^fore yon left Washington, what, if any arrangement wan
made by yon, and the Governor and Mr, Hillyer, about the disposi-
tion of the seven per eent. bonds ?
A. No real arrangement was made, as I haye stated before ; we
had a oonveisation about them.
Q. Was anything said about selling the bonds to Mr. Stevens F
A. Mr. Stevens said he would purchase the bonds.
Q. What proposition did Stevens make at that time t
A. I do not remember that he made any propoeiUon^ but Mr,.
Hillyer and myself had an undezstanding that we eould sell a por*
tion at forty cents, and the remainder at seventy cents.
Q. Did he offer you, at any time, prior to your going to Washings
ton, less than seventy cents ?
A. I would not swear that he did.
Q. Did the Oovemor know^ prior to your leaving fbr Washington^
you would sell at sixty cents, if you could get no more f
A. The conversation alluded to was long before we went to^
Washington. When I came back, I heard that the GK)vemor bad
eaid he thought we could not sell the bonds at all.
Q. Did you receive any written communication from him while^
in Washington f
A. We did not, to my knowledge.
Q. Was he aware that Stevens intended to purchase them J
A. I do not know that he knew.
Q. Prior to the sale in Washington, was the Oovemor aware of
the transaction f
A. I cannot say that he was.
Q. Have you heard him say anytUng about it^ since you came
backr
A. I have heard him converse about it, several times since our
arrival home.
Q. Did he, at any time, consent that they might be sold at less
than seventy cents ?
A. In no other way, but the one I have alluded to. As I said,
I understood him as agreeing to any sale that we might make.
' Q. Do you know if the Oovemor was interested with Mr.
Stevens f
410 PR0CX1DIN08 IN THX
A. No, air.
Q. Do you know of hb receiriiig any emolument from SfceTWtt,
on the sale of thoee bonds ?
A. No, sir, not a farthings direct or indirect.
Q. Do you know of hia intrusting the State bonds to Stereaa ?
A. Don't know anything about it.
Q. Did the OoTcrnor sanction the sale of the bonds after jofii
returned ?
A. I heard him say, " that as a matter of policy, that it was the
best thing that could haye been done, but that he had examined
the law, and that he would not haye sold less than seyanty cents/'
OSOM SZAMIIf8I> BT BXFXN8K.
Q. You say, when you understood the Ooyernor to say you could
Aell at less than seyenty cents, the contract had failed ?
A. There was no contract whateyer.
Q. Did he say he had examined the law ?
A. No, sir, he did not say anything about it.
<). Was Hillyer present f
A. Yes, sir.
Q. Was any body else 7
A. I think ICr. Steyens was in the room part of the time.
Q. You say the Goyemor could not haye known of your pro-
codings in Washington, because you knew nothing of it yourself f
A. I neyer heard that Goyernor Robinson knew anything of k.
By a Senator. — Did the Goyernor say, or agree, that if sixty
«eats could be got for the bonds, they ought to be sold J
A. As I haye said, the first conyersation was a discussion as to
the necessity of getting money into the State Treasury. No certaia
4erms was mentioned. Some one broached the idea, that t50,000
«f the bonds could be seld at forty cents on the dollar.
By the President. — I will ask you the question that is in the re-
port of the inyestigating committee, that is : Had the board
authorised any one to sell the bonds prior to your going to Wash-
ington?
A. No, sir, I think they had not. Some suggestrons were made,
but they all fell through. Ur. Steyens made a propoeitioii or oiler,
but I know not what it was. I wish to state, in regard to the
«nswer to that question as printed in the pamphlet report of the is*
OAflM. 411
nbkigtliag oommitlee, <lie aiifwvr is inooneei, tod I requested them
io ftlkm miB to eoneoi it; tliejr told me I shoiiM, but I was nerer
iflbided the <^portwiity*
OBOM BXAMUrBD vt DBimiru.
Mr. StsDton. — ^Did you ny you asked the oommittee to oorreot
this answer or allow yoa to do so T
Witness. — ^Tes, sir, I did.
[GEORGE 8. HILLTBB'8 TESTDCONT.]
G^rge 8. HiUyer oalled and sworn on the part of the State :
Attorney General. — ^Do yoa know anything of the GoTemor's
signing the war bonds J
Witness. — ^Tes, sir. I know that his name was attaohed to them.
Q. Did you ever hare any eonrersation with him in relation to
tiiemr
A. Nerer, not a word.
Q. Prior to your going to Washington, did yon hare any eon*
rersation with the GoTemor as to the prioe they should be sold s4 f
A. We had a oonversation in the Gkyrernor's room, as stated ia
the Seeretar/s evidence.
Q. What was the substance of that eonrersation f
A. It was a general conversation in relation to the bonds.
Q. Was any price Sxed to negotiate, and consented to by the
Ooremor ?
A. I think not. Our discussion was in relation to the general
power of the board, and the limits at which we might sell.
Q. Did Goremor Robinson know you were going to Washington
to sell the bonds f
A* I do not know if he did or not
Q. Did he assent to you and John W. Robinson going to sell
themf
A. I don't McoUeet whether we had any diseet oeoTersataon with
the GoTomor about it The Sectetary did not know whether he
would go to Washington or not, when ha loft Kamns.
Q. Was the GoTomor aware that Sterens was to purchase the
bonds f
A. I don't know that he was.
Q. Have you heard him say he was aware Stevens would nego*
tiais ihem?
41S nMMVSMHOs nr
. i(. i htuft hftd hift Uitb ooiiTtfiilioii wUk liki. I leportad Hm
tnuupaotu^ whm I Cime back, and lli«fiBoenxi]roiBto; lisftkoiigM
it was a good thing tka bonds were aold, but Teiy little ma said.
Q. Did he tTerexpieM any diaaeBit or aiBent to the tranaaotion 7
A. Noy aixi neither aaient nor diasent.
Q. Were yon present at the time of tiie oonmrsation aUiiddd to
by Seoretary Robinson ?
A. Yes, sir.
Q. Did he assent then as to the prioe I
A. I don't know that there was any prioe mentioned. If any-
ihfng was said about the prioe, I haye forgotten. Nothing resulted
from that oonversation.
0B088 BXAMINBD BT D1FEN8B.
Q. Did you understand the (Joremor to assent or dissent to the
sale of 60,000, without limit 7
A. He said something about examining the law, but did not
inale kny other remark.
Q. Did he say he would examine; or had examined- the law 7
A. He said he was not posted, and so expressed himself.
Q. He did not assent, then, to your opinion as to the priee 7
A. I think not.
Q. WheUryou went to Washbgton« did you expect to get seren^
eents7
A. I e:q»ected to, if I sold at all '
Q. Durlig your stay in Washington, did yo« ionefepoBid with the
fioyezoor!^
A. I think I wrote him two or three letters.
Q. Did he oyer adyise you wUle in Washftaigtai, in legird to'the
iale7 .
A. I neyer got a letter from him.
Q. Than he^Niuld not assent to your sale at sixty eents 7
A. 1 never sentioned to him the prioe of the bondsj, but merely
mentioned, I was making effi>r(a to sell, and hoped to sueceed.
Pxesediition here rested their:eiw.
[B. 8. STEVENS' TESTIMONY.]
Senator B. 8. Steyens called and sworn on part of the defense.
Q. Will you state if you oyer applied to Gh>yemor Bobinson for
41ft
liiMe bonds, and if h% ever oonsenied to lell them for lew then
WTenty oentef
A. I did, sir. As I stated in my eridenee a few dajs sinoe, the
Auditor and Secretary were of tfie opinion diat 50,000 of the bonda
eonld be sold for less than seTen,ty cents on the dollar. They gave
me a statement, signed by themselves, offering to sell that amount aft
fbrty cents. Some time subsequently, I offered the paper to the
^vernor to sign, which he daeliaed doing,
Q. Did he give his reasons for not signing ?
A. He said he had examined ilwbw, and did not think it gave
nuthority for the sale, at that price f
Q. What did you do with that paper J
A« I destnqfed it
' Q. Was you in the Governor's room during the conversation
alluded to heretofore r
A. I was in the Governor's offce once or twice, but did not hear
•ay of the conversation.
Defense rested their case.
George 8. ^iUyer recalled.
By • Senator. — ^Why does not the amount reeelTed ftr the bosdai
•how the same in the Auditor's r^KWi f
A. The reason wasy the money had not then eome into the
Treasury, and I ezpeeted to make another report in selatiott to the
pale of the bonds.
Hon. Davies * Wilson announced on behalf of the Board of
Managers, that in th«r oj^on, that this case presented featurse
^Uhrernt ftom that in the other eases, that it would be his iutj io
yts e u t en atgument in lehition to those pointSi which duty has
devolved upon me nifcer unexpectedly ; if the Senate will adjeuru
tffl 7 o'ohMik, he would then endeavor to present the case to them
hi behalf of the House of Representatives.
On motion of Mr. Ingalls, took a recess till 7 o'obok in th«
evening.
4H nMomires m
BYBNINO SESSION.
nie hour of se^en liaying arriyed, the Senftte was called to order.
[AEaUMBNT OP DAVIES WILSON.]
Hob. Dayies Wilaon, in opening the argmnenlB on the pari of iht
proBecniion, aaid :
: Hr. BBmtaimaT and Gkhtlbmsn op thb High Oodrt of
Impsaohmbiit :
In appearing before you, sunonnded by 00 brilliant an aaeembly,
and in presence of this array of diBtingaished eoonael, I feel my
want of skill worthy the dignity and gravity of the occasion. So
long haye we been occupied by the details of these trials^ ttat we
may hare lost a full appreciation of the weighty import of these
matters, and by familiarity with the proceedings, we may foiget
how much they concern the accused, and ourselves and the people
of the State. Well might I hesitate, therefore, recalling theoe
things, were it not for the remembrance that I am here to defend
.the honor, and guard the wrifaie of the State. If it be true of
any one, it certainly cannot' be laid to me that there exist any
liidden or unworthy mottres, to aiet or to speak. While I have no
plurtgr jeatouay to gratify, no personal luvenge to wreak, no petty
malice to indulge — so I have no favors granted or sought to bid mt
pause.
Who is the respondent 1 The Gh>venior of the State ; the meet
exalted personage known to our laws— the head and firont of our
body politic. Nay ! were it'possible, he is more than that — Gharlos
fiobinson. He it. is, wh^ in the night of our history, was like a
fall, bright moon, cool and clear, illuminating, our darkness by Us
wisdom, and if he emerge from this eclipse without spot ot loM,
well may we all rejoice, and no one more than L He who but a
short time ago defended and guided this people, and whom that
people, in the fulness of their gratitude, invested with the purple
of supreme authority and granted the soepter of their power, is
here arraigned by that same people to answer the charges of high
misdemeanor in office, of prostituting that authority, and abusing
that power.
No eitisen of the State can feel more kneely than I do, how mmA
IMPEACHMENT CA8E8. 415
of shame that would bring to the people, were not honor and justice
to he vindicated by the prompt punishment of the offender, eyen
though he be Charles Robinson — Governor. As Brutus sternly
preserved the honor of his name, though by the sacrifice of his own
son on the altar of justice, so the people of Kansas, would merit
anew the high laudation of their friend, now the chief in the
national councils, as the most virtuous people, by surpassing, if
need be, even Brutus. Precious as may be our tried friends and
trusted leaders, yet more precious should be purity and integrity.
And when, in these venal days, is given us the privilege of proving^
our allegiance to virtue^ and honor and truth; even at so great a
price, let us be bold to set an illustrious example, and declare that
here at lea.st, there arc none so exalted, none so protected from
process of law^ none so powerful as to do wrong, yet fear do»
penalty.
[ do not propose to speak to you at any length of the charges^
the law or the evidence in the case. My colleague la far more able
to present the argument to you than I am, and my strength will
not enable me to do more than to state the main points very briefly.
The first article recites the illegal signing of what are termed
" War Bonds,'' to the amount of fifty thousand dollars. The re-
maining four articles charge complicity with the illegal sale of the
seven per cent, bonds, in various ways, all which are included in the
charge of conspiracy. T frankly admit that no evidence has been
elicited sustaining any of the charges of such complicity, except,
so far as various eircuniKtances seem to point to the conspiraoj
charged. It need excite no surprise that such a conspiracy cannot
be positively est^blisheti ; for the only witnesses to that charge, are
ihey who thcmselvci^ are charged as fellow-conspirators. Nor is it
absolutely necessary to have such proof, for it is permitted to draw
an inference of conspiracy from acts and circumstances. Those act»
and circumstances have been so fully discussed^ not only in the
arguments in the preceding cases, but among yourselyts, that I will
not underlakc to repeat thutu.
The first charge, however, presents a new phase in this catte, dit
fercut from its corresponding charges in the e^ij»e of the Secietairj
of State, or in that of the Auditor.
The law authorizing the issuance of *' War Bonds," providcS|ii^
Ihe first section, for borrowing twenty .thousanji dollars and no
more ; next for the preparation of bpnds to the amount of the loaa^
mnd no more ; and then for the execution, or signing of those bonda
416 PEOOHDINOS 19 THl
4
by At Gk)Tenior and Treaannr. The Saatetaiy lavequred to oova-
teraign these bonda, and die Auditor to register them ; bat it has
been elaimed that these are merely " minisiertar' acta. Were it
indeed tme, in sueh a sense, that neither the Auditor nor the Seere-
tary eoold be held to any liability for the orer-issae, yet the reapon-
aibility of the GoTemor is greater, and his aot is far more impor-
tant. He it is who, by signing these bonds, binds the State.
Without his aot, these bonds oould nerer exist) and if the aota
acquired of the Auditor and Seoretary are merely '^ ministerial''
and not discretionary, if they oould be compelled by order of oourti
to register and ooontersign as many bonds as the Tresaurer and
Ooremor saw proper to prepare and execute, as counsel hare
asserted, surely the Treaaurer and Ooremor act in no such capacity,
and must be held responsible for any illegal or fraudulent inane.
^The Gk)Temor, as well as the Treasurer, becomes the agent of the
State in the matter, and hence responsible to the State, for what he
kas done.
I regret that I was unable to hear the able argument of the dis-
Unguikhed gentleman who, in considering this question, quoted an
aot of Oongress, similar to the statute now under consideration, and
claimed that it should be a precedent for the construction of our
statute. I remember, howcTer, that the law of Oongress requires
a report to be made of the " rate'' at which the sales mi^ be
effiftcted, clearly contemplating and proTiding tn " rates." But no
jpart of our statute contemplates any rate of disoount whateTcr.
If or was it prorided that these bonds should be disoounted. STca
the Qoremor himself, in a mesiMge to the House of Bepieaenta-
iives, at the same sesrion at which the bill passed, speaks of "the
debt of $20,000'' which thelaworeatea— notof " the debtof t40«-
000." The inference is clear that this issue was not only illegal,
but that the Goremor so regarded it
Not only is the aot of the Ghiremor illegal, and one that he knew
to be illegal, and one for which he must be aooountable, but it i^ an
aot of great injury to the State. For oonriider that the people aie
eompeUed to redeem those bonds in two years, and pay ten per oeni
inteieat annually upon tfiem, that thus they must be taxed eighteea
thousand six hundred doUata each yeat^— to be paid not in warranli,
er sorip or labor, but in hard odn ; and that the benefit to them is
itterely the pleasure of using tweWe thousand six hundred doUao
a t&w weeka sooner than it could be oolleoted by taxation, and you
^vill appreeiafte the natuie of the transaction, and the great wsoof
•
impeaohmeKt gases. 417
done to the State. Every drop of sweat that falls from the brow
of the laborer in your fields, gleams with the hard earned money
that is wrung from his scanty treasures, by this violation of law.
Every field has a row of grain to be sold to pay the tax that is
created by this high misdemeanor.
«
Thus, Senators, at the bidding of the House of Representatives,
And on behalf of the people in whose name they act, I have laid
this case before you. Once wronged, Kansas found a champion on
every loyal hearthstone, and the gifted and learned Cicero of the
United States Senate, did not hesitate to defend her at the peril of
his life, — ^but now this new ** crime against Kansas'' is perpetrated^
not, as heretofore, by armed enemies from beyond her borders, but
by her own favored, honored and trusted children, and the mantle
of her championship has fallen upon shoulders as humble as mine.
In her name, Senators of Kansas, I appear before you ; in her
name I impench her Governor of high misdemcauors in office, and
I call upon you, by the love and filial piety you owe the State of
your adoption^ which has confidingly placed her honor in your hands,
to vindicate and defend her.
For more than five hundred years, the process of impeaohment
has been the constitutional defense of our Anglo SajFon raoe^
against official usurpation and corruption. The annals of those five
oenturies of English historv, contain many a record of the trials of
men high in office, for infidelity to their trusts* Nor is the history
of our own nation, nor that of the several states wanting in such
examples. Before this most august of tribunals, the unjust judge,
the faithless chancellor, the corrupt minister and secretary, and the
oppressive Qovemor, have been summoned, and there are but few
records of darker deeds than their trials unfold. Extortion, bri-
bery^ theft, tyranny and treason, have been there exposed ; but vain
would be the search among the annals of crime, whose magnitude
has made them historic, for a precedent to this.
Perhaps the most memorable impeachment, is that to whJoh
reference has already been made more than once before you ; that
of the Governor of a great State, a trial, the causes and incidents
of which, have been delineated by the pen of the historian and
poet, the voice of the orator and the pencil of the artist. Just
seventy-five years ago, Warren Hastings was impeached by the
House of Commons for plundering the Indies, of which he had
been Oovemor. His guilt is unquestioned ; yet how is 'his offense
27
418 PROCEEDINQS IN THE
extenuated by comparison with that of which your Governor now
stands accused ! Warren Hastings, appointed by an English com-
pany, ruled over a people to whom he owed neither gratitude nor
allegiance, and whom^ as an Englishman, he regarded his inferiors
in rights and in blood. Your Governor was the elect of the people,
their servant and not their ruler ; they in all respects his equals,
and he owing them both gratitude and allegiance. The Indians
were a conquered people, had already been oppressed by native
despots^ and had few aspirations for independence. The people of
Kansas were American citizens, they had secured their long en-
dangered independence, and had vindicated their manhood, and
their Governor was chosen to sustain and protect them. What
Hastings sent to England^ he took chiefly from the wealthiest of his
subjects. Your Governor robbed the poorest of his fellow-citizens.
Hastings extorted millions, boldly and greatly. Your Governor
stole thousands secretly and meanly. Hastings robbed his subjects
for the benefit of his masters. Your Governor defrauded his
masters, for the benefit of a few unknown speculators.
But the circumstances of the people of Kansas added new infamy
to the crime. Here was the battle field between Slavery and Free-
dom on this continent. Freedom summoned the men who loved
Justice more than Riches, and Right more than Honors. For her
sake they came, sacrificing social position, home^ wealth and refine-
ment, to wage a four years' war against enemies in the field and in
eabinet. Insult, robbery and murder vainly strove to intimidate
them; the bribes of Peace and Wealth, especially alluring to a
people contending against odds, and weighed down by poverty, were
oficred only to be spurned. At last they triumphed, and a new
star, (never star more steadfast,) shone in our National Heavens.
There stood Kansas, like a dowerless maiden — Freedom her sole
birthright. Fidelity her single Jewel. Cheerfully she assumed the
burdens and responsibilities of a State Government she was ill able
to bear ', asking only from those who sought to administer it, that
that they should be true to Liberty.
Thus honored and trusted by a gallant, but hitherto unfortunate
State, these officers might have protected, if they could not enrich
her; to respect, if they could not give her power; and the grati-
tude of a magnanimous people would have added its rewards, to
that of unsullied honor. They chose to betray the people by whom
they had been trusted, to dishonor the emose which had honored
IMPEACHMENT CASE^. 419
them, and verily tLej have their reward. " The crime of Judahls
written with a pen of iron and with the point of a diamond."
I need not to multiply reasons for the conviction of the respon-
dent. Your oath demands it, for you have sworn '* that in all
things pertaining to this trial you will do impartial justice, accord-
ing to the Idw and the evidence." State pride demands it, that
Kansas^ so lately the favorite of the nation, become not a by- word
of reproach and contempt. Your prosperity demands it, that the
burden of taxation be not hurled prematurely and wrongfully upon
our young State, banishing the thriftful emigrant from her soil,
yet denying the comforts that taxation should purchase. Freedom
demands it, that her devotees be not branded as the accomplices of
fraud. Morality demands it, that the coming generation be not
corrupted by the example of great public crime, prosperous and
unrebukcd.
Not only does Kansas await your verdict : the nation awaits it,
still hesitating to pronounce her last born worthy of her love.
£urope itself, will take up your decision, and if it be unmerited
'' acquittal" will brand with it Democracy, thus characterized by a
people who have boasted to defend it.
Citizens — Senators — ^Men ! — I leave the verdict to you.
Hon. Wilson Shannon replied for the defense :
Mr. President and Gentlemen of the Senate :
I do not arise, at this late hour, to weary you with an argument.
I doubt not that every member of this honorable body, as well as
the counsel, are gratified that these proceedings are drawing to a
close. In behalf of our client, we can do no more than refer to the
arguments already advanced. I do not know that my honorable
colleague or myself can add to the arguments already advanced, or
say one word to enhance the the weighty reasons which have been
presented to you during the progress of this case; neither do I think,
by such endeavor, that we could affect the decision which, in your
minds, you have already arrived at. ,
No claim has been made of complicity, on the part of Governor
Robinson, with the sale of the seven per cent, bonds. The good
sense of my eloquent friend, to whom we have just listened, has
not claimed any such complicity. All the testimony proves that
the Governor was not engaged in the transaction. These facts are
sufficient to warrant my not making more than an illusion to that
subject.
420 PROCEEDINGS IN THE
^Tliis body has already decided, in relation to the signing of the
war bonds, that it was the duty of the State Treasurer to issue, and
the Governor and Secretary only signed them. This signing is held
not to be a misdemeanor, by the decision you haye made in the case of
the Secretary. That decision was a just one. To it there was not
a dissenting voice in this honorable body. Each of these gentlemen
signed the war bonds, in the discharge of their official duty. If
this was a misdemeanor on the part of the Governor^ it was equally
so on the part of the Secretary. This you have settled in the nega-
tive, and you can do no less or more in the case now before you.
We do not, therefore, propose to argue the case further, but rest
the defense here, confident that Governor Kobinson will, by your
verdict, be sent forth blameless of wrong-doing to the State.
Attorney General rose and closed :
May it please the Court :
I should not say one word in closing, at this late hour, and after
the able argument of the gentleman who opened the case in behalf
of the Board of Managers, were it not that it might be considered
an abandonment of the case. The evidence is before you. The ar-
guments of counsel have brought forth the hidden subtleties of the
law that bear upon the case. Nothing that we can say further
will add or take away. It rests with you. All the House of Rep-
resentatives ask of you is that you remember the solemn responsiblities
that rest in your decision. The future of the State lies in your hands.
We leave the case of Charles Robinson, Governor of Kansas, in the
hands of the Senate, confident that their verdict will render justice
between the State and this defendant.
On motion of Mr. Cobb, the same order was adopted in the case
of Charles Robinson, as was observed in the previous cases.
The President then proceeded to take the opinion of the Court
in the following form :
Mr. , how say you ? Is the respondent, Charles Robinson,
Guilty of High Misdemeanor, as charged in the first Article of Im-
peachment ?
The following gentlemen voted Guilty in response to the Chair:
Messrs. Curtis and Lambdin. — 2,
Those gentlemen voting Not Guilty were Messrs. Bamett, Bay-
IMPEACHMENT CASES. 421
less^ Cobb, Connell, Denman, Essick, Hollidaj, Hubbard, Ingalls,
Keeler, Knowles, Lappin, McDowell, Rankin, Bees, Roberts, Slee-
per, Spriggs and Mr. President. — 19.
When Mr. Steyens' name was called, he arose in his place and
said:
*Mb. President : — For the same reasons as before stated, I agaia
ask to be excused from voting.
Whereupon, he was excused.
Whereupon, the President declared that two Senators haying
Toted Guilty and nineteen Not Guilty, Charles Robinson, Gover-
nor, is acquitted, by the Senate of the State of Kansas, of the char-
ges as contained in the first Article of Impeachment, exhibited
against him by the House of Representatives.
The Secretary then read the second Article of Impeachment^ and
the President proceeded to take the opinion of the Court in the pre-
ceding form.
All the Senators pronounced Not Guilty on this Article^ viz :
Messrs. Barnett, Bayless^ Cobb, Connell, Curtis, Penman, Essick,
Holliday, Hubbard, Ingalb, Keeler, Knowles, Lambdin, Lappin,
McDowell, Rankin, Rees, Roberts, Sleeper, Spriggs and Mr. Presi-
dent.— 21.
Whereupon, the President declared that no Senator having voted
Guilty and twenty-one Not Guilty, Charles Robinson, Governor,
is acquitted, by the Senate of the State of Kansas, of the charge?
as contained in the second Article of Impeachment, exhibited against
him by the House of Representatives.
The Secretary then read the third Article of Impeachment, and
the President proceeded to take the opinion of the Court in the pre-
vious form.
All the members pronounced Not Guilty on this Article, vit :
Messrs. Barnett, Bayless, Cobb, Connell, Curtis, Dgnman, Essick,
Holliday, Hubbard, Ingalls, Keeler, Knowles, Lambdin, Lappin,
McDowell, Rankin, Rees, Roberts, Sleeper, Spriggs and Mr. Presi-
dent.— 21.
Whereupon, the President declared that no Senator having voted
Guilty and twenty-one Not Guilty, Charles Robinson, Governor,
422 PROCEEDINGS IN THE
is acquitted, by the Senate of the State of Kansas, of the charges as
contained in the third Article of Impeachment, exhibited against
him by the House of Bepresentatives.
The Secretary then read the fourth Article of Impeachment, and
the President proceeded to take the opinion of the Court in the pre-
yious form.
All the Senators pronounced Not Guilty on this Article, vis :
Messrs. Bamett, Bay less, Cobb, Connell, Curtis, Denman, Essick,
Holliday, Hubbard, Ingalb, Keeler, Knowles, Lambdin, Lappin,
McDowell, Bankin, Bees^ Boberts, Sleeper, Spriggs and Mr. Presi-
dent.— 21.
Whereupon, the President declared that no Senator haying voted
Guilty and twenty-one Not Guilty, Charles Bobinson, Goyernor,
is acquitted, by the Senate of the State of Kansas, of the charges as
^'outained in the fourth Article of Impeachment, exhibited against
him by the House of Bepresentatiyes.
The Secretary then read the fifth Article of Impeachment, and
the President proceeded to take the opinion of the Court in the pre-
w'louB form.
Mr. Essick yoted Guilty,
The following gentlemen yoted Not Guilty: Messrs. Bamett,
Bayless, Cobb, Connell, Curtis, Denman, Holliday, Hubbard, Ingalls,
Keeler, Knowles, Lambdin, Lappin, McDowell, Bankin, Bees, Beb-
erts. Sleeper, Spriggs and Mr. President. — 20.
Whereupon, the President declared that one Senator haying yoted
Guilty and twenty Not Guilty, Charles Bobinson, Goyernor, is
-acquitted, by the Senate of the State of Kansas, of the charges as con-
tained in the fifth Article of Impeachment, exhibited against him
.by the House of Bepresentatiyes.
The President then rose and recapitulated the yotes thus:
On the first Article, two gentlemen have pronounced Guilty and
nineteen Not Guilty ; on the second Article, there is an unani-
mous yote of Not Guilty; on the third Article, there is an unani-
mous yote of Not Guilty; on the fourth Article, there is an unani-
mous yote of Not Guilty; on the fifth, one has said Guilty and
twenty Not Guilty; hence it appears that there is not a oonstitu-
IMPEACHMENT CA8E8. 423
tional majority of votes findiug Charles Robinson Guilty on any one
Article. It, therefore, becomes my duty to declare that Charles
Robinson stands Acquitted of all the Articles exhibited by the
House of Representatives against him.
Mr. Cobb offered the following order, which was adopted :
Mr. President : — I move you that a committee of three be ap-
pointed to notify his Excellency, the Governor, of the final action
of the Court of Impeachment^ in the cases of the State against John-
W. Robinson, Secretary, George S. Hillyer, Auditor, and Charle»«
Robinson, Governor.
Whereupon, the Chair appointed Messrs. Cobb, Rankin and Curtis,
committee.
On motion of Mr. Ingalls, the following resolution was adopted :
Resolved, That five hundred copies of the procecdinprs in the cases
of impeachment of John W. Robinson, Secretary of State, George •
S. Hillyer, Auditor of State, and Charles Robinson, Governor, in-
cluding the preliminary proceedings in the House of Representa-
tives and Senate, together with the journal and official report of the
arguments and debates, be printed and bound in leather for distri-
bution as follows: Three copies to each member of the Senate', and"
one to each officer theieof; one copy to each of the Managers and
counsel ; one copy to each member and officer of the last House of
Representatives; the remainder to be distributed according to the
throe first provisions of the second section of chapter, forty-eight o£
the laws of 1861.
Mr. Connell offered the followinc: resolution :
Resolved^ That the Hon. , be appointed to superintend the
printing and binding of the proceedings of this Court of Impeach-
ment, (as set forth in a former resolution adopted by this body.)
For which service he shall receive the sum of dollars foi
every day thus necessarily employed. And the Auditor of State
shall draw his warrant upon the Treasury for the amount of his
services, properly authenticated by affidavit.
Mr. Stevens offered to amend by inserting in the first blank, th*
name of J. J. Ingalls, and in the sceond blank the sum of five
dollars.
Amendment accepted, and the re.'^olution was adopted.
On motion of Mr. Rees, the Senate took a recess of half an hour. .
The time having expired, the Senate was called to order.
424 PROOKKDINQS IN THK
Mr. Stevens offered the following resolution which was adopted :
Resolved^ That the Secretary of the Senate be directed to tran-
scribe the Journal of the proceedings of the Senate, sitting as a
High Court of Impeachment, in a book to be provided for that
purpose, to be deposited in the office of the Secretary of State, and
that for such service he be allowed the same price per folio, as is
cUlowed by law for transcribing the Journal of the proceedings of
the Senate at its regular sessions.
On motion of Mr. Stevens^ the following resolution was adopted :
Resolved^ That all depositions, exhibits, and instruments in
writing, offered in evidence on the trial of John W. Robinson,
George S. Hillyer and Charles Robinson, or either of them, by
either party, be deposited by the Secretary of the Senate, in the
office of the Secretary of State, to be by him preserved as are other
■ records.
^n motion of Mr. Stevens, the following resolution was adopted :
Resolved^ That the pay of the Reporter and Assistant Reporter,
. ihall not extend more than twenty days after the adjournment of
the Senate.
Mr. Ingalls offered the following resolution, which waa adopted :
Resolved, That the thanks of the Senate are hereby extended to
the Hon. T. A. Osbom, for the distinguished ability, uniform
courtesy, and strict impartiality, with which he has performed the
delicate and arduous duties of President of this body at its present
:iesaion»
Mr. Cobb, chairman of the committee appointed to inform the
llovernor of the proceedings of the Court of Impeachment, sub-
mitted the following report :
Ma. Pbxsidxnt : Your committee who were charged with the
'duty of presenting the official transcripts of the records of the
Court of Impeachment, so far as relates to the final orders of the
same in the cases of the State against John W. Robinson, Secre-
tary of State ; George S. Hillyer, Auditor, and Charles Robinson,
Governor ; to his Excellency the Governor, would report that they
kave performed their duty in that behalf, by presenting the same
to him, in his office at Topeka, this 16th day of June, A. D. 1862.
Mr. Cobb, chairman of committee to audit claims of witnesses,
submitted the following report :
VtnACBMMn 0A8B8. 4M
Mb. Pebsidxht :— Tov oommitiea on olaimi of wttMOMS, im-
port that ihoj lukTO audited iho following acooonts :
John Franeis, $ 21,00
6. KimbaU, 7,00
J. Humplureji, 18^00
€(eo. A. Bunt, 7,00
OKver Paul, 7,00
8. 0. Smith, 8,00
P. KimbaU, 7,00
P.. KimbaU, ...... 7,00
L: AUen, 8,00
B. P. Kellam, 8,00
Dr. Beming, 8,00
Loring Panunrorih. .... 8,00
$114,00
On motion of Mr. Ingalla, tho oommittae appointed to avdit the
ekims of witoesfles, and the oommittee appointed to iafonn thi
QoTernor of the prooeedings in the Oonrt of Impeaehmeni, weie
dfaeharged.
On motion, the Senate of the State of Kanaaa, sitting aa a High
ODwri of Impeachment, adjourned without day.
E R R A. T A. .
Page 909, oerenth line from foot of page, for *< army "
real ** anaj."
Page SIS, eighteenth line from top of page, for ^'bar "
real ''law.**
Page SIS, thirteenth line from foot of page, for ** compe-
teM'' read <<oompeUed/'
y t
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•"«» Z a 1347