The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1875-11-20

/ uuadNlScdly IN these grave anu pun
! lie matters. The House Is but more
solemn form of grand JURY
but owing to its large num-
bcrs must act primarily through
a committee, but it Is its duty to see that
#. committee shall violate no form, nor
the spirit OF the law, and the common jus
tirc that is due to the individual, or State
official ! hold that the offences, such a.
they are, charged against these gentle
men are several, separate and distinct
offences, and personal only to each; and
that therefore, they cannot bc joined IN
Joint Indictment, or, which Is tn" same,
a Joint impeachment. They cannot be
! Joined unless upon the distinct charge at
cuu>piracy-that they 'OHspN"t together
/ To drtrGUd the State which !, not pre-.
! tended in any form III which thr-c
/ chargcs are made or III the acts charged
against them. II so, there should bc
proper avermcnt, of the facts of the con-
( spiracv, and the facts should bo set forth
/ with sufficient certainty to give them no
/ ,icc of what they are to meet. By com.
pounding their charges, they coniuund
all the rules and laws OF testimony. They
confuse the order OF taking the testi-
monv. 40 line Of distinction runs
through, nor was permitted TO run
through it, II is Burdett and Bennett
and Bennett and Burdett, and Burdctt
ard Bennett, and Bennett and Burdett
all the way through. What will not hit
one man hit another, and what is 10 pre-.
iudice ,ne is to prejudice all of them, al
though they hold distinct offices and may
have committed distinct improprieties or
even offences The verdict must be -
separate verdict; the judgment must be Il
separate Judgment and the evidence must
be- separate evidence Is applied TO the
charges against each. The testimony
should be, should have been, sifted and
cleared Of all its Illegal ehormitleS
before it wus submitted to the House and
before it should be submitted to the
tr.crs. the public Jury Of Senators.
This is the common privilege OF the ac-
cused in the courts Of all civilized people.
That is not the case here. The testimony
is confused mass Of lrrclcvancy aud IN
admissible hcarsay against these gentle
men collectively. 1t is a coHtHssd mass
OF irrclevancy is TO the sub ct IN hand.
|, Is a confused mass of hear,ay ded4C-
tions of third parties and OF what other
parties said TO the witnesses who testify
as these third parties. All Of the
principles of law and evidence
/ have been dregarded in this prose
cltion So far as conducted II ],
too much like the prosecution, of the old
judicial impcachments OF honest and
faithful Judges in the time OF the R&dl-
cau misrulc OF the State by the Repu5I-
can party. When they could not I'M
peade Judge Kennedy, after long and
! iruitless effort before the Hosse, having
/ the Legislature III their own hands they
/ turned around and removed him by their
arbitrary powe:. Who thinks less of
Judge Kennedy for such a removal? He
/ Is II gentleman without spot upon hls per-
sonal character, and without Il stain upon
hi, judicial integrity. The same viola.
tion of all law and propriety was enacted
hy that party in tn" removal Of
Judge lIlndman, and both of these
men were elected by themselves,
but they failed to snswcr their Ignomi-
nous purposes. If We have law let u
abide by the law, and If We have Justice
let it be administered according to the
forms Of law, the only safeguard of indi-
viduu liber,y, and the only guarantee OF
public safety.
Another view is worthy O: Consdcra.
tinn. Our government Is n government
of written law IN what relates to it.
pab,i administration. II is not like the
English law in this respect, which ire-
quchtly makes and apples the law after
the alleged offence has been committed.
L l., not asserted by OHV mcH5er Of the
N,u,. pr tic CyU,D,itt'c t,Ht the state has
lost ~ ,'safc,c cent ga these TRANSACTIONS. II
may. iar the present, be admitted that for
drfraudiug the treasury of any of 1t
mrur,. or tor the betrayal o! any of the
p~oprirtury rights ot the state, that the
constitution j. sufficiently explicit to war
rant the impeachment OF any public OIL
frrr connected with such proceedings
But If any other rule than this Is adopt
rJ without some. legislative enactment
defining Offences, but the impeachlng
BODY can define and punish after the or
fence has been committed, then no pub
H.. officer is safe. Then. If the radical
power shall got the ascrudcncy 1t can
make it,, own cc past foci, law, and re-
poati,s history rs acted by it in the
sI,oru,cst and darkest disasters of the
time when these great cnormlties before
alluded to were perpetratcd by them
There Is no disposition to shieId.
these gentlemen in 50 far a. they have
acted improperly, but in the absence OF
any legislation upon the subject the
Democratic party i, fully competent to
protect itself 10y the enactment OF the
proper legislation and by that public ac.
tiou Of the people themselves in their
elective capacity. In such times OF gem
eral corruption the laws should be strin-
gent and stringcntly enforced. but n
principle Of Co. post fac'o law is more dan
gcruu~ than any other action of public
bodies or official conduct, except such as
strike at the jo.-, a,d the Substance of
the government itself. l..
Turo!d John Bull" the first loco
,,,,-,., s,,.,- -,,r on tho. Camden and