The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1875-12-08

these views will commend themselves
to the great majority Of right thinking
and patriotic citizens OF the United States,
submit the rest to Congress.
Signed u. s. GRANT.
Erecutius Mansion, Dec. 7, 1875.
The BuFleIt aud Bennett In
peaChment.
Editors Of tho IntelliSenWr'
Bnrdett and Bennett, Auditor and
Treasurer, according to the majority re-
port Of the investigating committee, are
guilty Of "cgcial misconduct" They have
obtained money during their present
terms, through their official positions,
rrOngfuLIE and have appropriated money
to their own Use which Of right belongs to
the State, They should be reminded Of
the Constitution, and law Of the Code Of
W. Va, 9Th Section, Chap. r. Certain
members In their arguments be.
fore the House, miScOaceirei the true mean.
Ing Of the law Of removal bearing on the
offences Of Bnrdett and Bennett. Both
the fundamental and statute law, provide
for their removal from office for "olicial
misconduct" You cannot impCdch for off.
cidi misconduct, because The iqW don't sdy so.
II is not made an improbable offence by
law. The 9th section of the Constitution
only provides for impeachment for mdlql-
mInisirdtiOn, corruption, incOmpeteRcH gross
immortality neglect 9f duty or any high crime
or miEiemednOr. The 9th section only ex.
Cepts cases, for removal from office,
where they are otherwise provided for In
the Constitution; and the case for removal
from office Is no where else 10 be found In
the Constitution. Every good lawyer will
tell you that Constitutional offences made
punishable by the Constitution, must
10 defined and construed accord.
Ing to strict legal and technical rules
Of law. The words may Be remOml
from office for official misconduct, can be
found nowhere in the Constitution, save
and except in the Oh Section Of the 4lh
Article. The people In their SOvCreignity,
have deemed official misconduct u cause
for removal from office, and have 30 de.
Clared in their written Constitution.
Official misconduct Is therefore u con-
slltutional offence, and the punishment
thereof removal from office. The Of
fence, or the doing Of that which may
constitute official misconduct, may mol be
iRiictaLle under Our::adiutes, and yet be n
case for remONl from Office under tho COnsti-
tuition and law Of the Code, 9Th Section, 9Th
Chapter. Official misconduct, has only
one punishment annexed TO II, and that
Is removal from Office; whereas the pun.
ishement for the cases enumerated In the
9th Sec. OF 18th Article, is removal from
office and disqualification TO hold any
Office Of honor, trust or profit under the
State; and, in addition thereto, shall be
liable to indictment, trial, Judgement and
punishment, according 10 law. Official
misconduct may be defined unlawful be-
huviOr in Office, or the doing Of that
in virtue OF or under cover Of his Office,
which he ought not to do. Such as
misunderstanding or selling
official confidence for the peCuniary bene.
III Of himself or anOther' loaning the
State deposits in such q manner as to
pocket three or four per cent. in excess;
with another TO borrow money
from the State Repositories for Iess rates Of
discount than others pay; charging fees
where the law fixes none, and taking fees
or insurance taxes under wrongful con-
OIL law, and appropriating them
to himself, when they OF right clonged to
the State; withdrawing money from one
and placing II In another for
personal gain; or showing a prefere nee
for one depository over another, when
the one pays him to do so; placing money
to his credit in some bank for pecuniary
benefit which belongs to the State, &c,
&C., &c. To remove an officer from office
for official misconduct, majority Of each
branch COncurring il only required;
whereas to conrict,Or Tor impeachment, two
thirds OF the Senators are required. Now
that the House have found articles Of I'M.
parchment against Durdett and Bennett,
can two thirds Of tho Senators be found to |
convict? II Ia at least doubtful.
They may, and will likely cling 10 the
idea that an offence Is only impeachable,
which is inliCtable; and that the 9th Sec
ton ia so to he read and construed. A mo.
ton to remove from office for official mis-
conduct will Obviate all the difficulty.
They may be removed from Office too, up
OH their 0irn admissions, without incurring
the expenses incidenLto long trial upon
other evidence. They openly confess their
official misconduct, and one OF them, al