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

At the last session Of the Legislature,
a movement was inaugursted in the
House of Delegates, for the impeachment
of the Auditor and Treasurer, and the
csnsure or expulsion ofs State Senator.
At the instance Of the prosecution, the
Legislature adjourned without action.
An excited and bitter discussion follow
ed. Upon the one hand, the accused
parties were assailed with great acrimo'
ny, in public speeches and through spor-
tion of the press of the State. Upon the
other. the failure or refusal of the I'M
pescher. to bring their case to conclu-
sion, and the remarkable Adjournment of
the Legislature, leaving the charges
which had been brought to hsng for
nine months over the heads of the par
ties accused, without giving them an
opportunity for trial or dc
fence, were denounced in terms
that exhsustedtihe severeties Of language.
In the disturbed condition of the public
mind which ensued, the REGISTER Deem
ed it unwise to participate in this heated
discussion. 1t preferred to postpone the
presentation of Its views until calmer
state of public opinion would enable 1t
to speak without the scmblance of parti-
sanship, and to be heard without having
to combat preiudices in the minds Of
some, or appearing to champion the en-
mites cherished by others.
The rapidity with which popular pas
sion has subsided, and the evident readi.
ness of the public mind to consider these
cases upon their merits, advise US that o
fitting time has come for dispassionate
discussion of the main points involved
The only practical question at issue in
these cases is, whether they warrant the
exercise of the legislative power of re-
moval.
The appeal Of the prosecution is made
to that power; that is the tribunal which
is invoked. Considerations of persona
propriety, of the duty ct those who may
have paid bonuses, to pay, &c, or the
right of those who may have received
them, to receive, arc alike foreign to the
decision or the determination Of the cases,
as they have been presented for the ac-
tion of the Leg lslature. In short, If the
laws defining the duties of these officials
have been violated With II the term Of
office during which the prosecution oc
ours, then they are liable to the penalties
which the Constitution authorizes the
Legislature to intlict. Ii not, there can
be no liability to any such penalty.
We take it to be unnecessary 10 argue
the proposition, that an officer can only
be impeached during the term III which
his alleged otiense was committed. Were
it otherwise, the Impeachment penalties
would be made to depend, not upon guilt
but upon reelection; the endorsement Of
the people would invite the vengeance OF
their representatives.; the officer who re-
tanned the confidence of the people might
be liable to condemnation and ruin as
the result Of his popularity, faring far
worse than the unworthy servant who
had full immunity against the constitu-
ticnal penalties of his acts. Such doc
trino is not TO be sustained before any
tribunal, whether of law or of common
sense.
SKETCH OF LEGISLATION
in this State relative 10 receiving money
ut the Treasury, and the duties of the
Treasurer and Auditor in connection
would seem to be essential to proper
understanding of the case. THIS seems
to be the more necessary, rs there is a man e.
ifest Impression i'll the minds of some
that payments into the treasury are made
directly to the Auditor and Treasurer, or
at some bank to the personal credit of one
or the other Of those officers.
On .he 10th day of July, 1863, Acts
1868, p. l3) the Legislature passed "An
act to prescribe the manner IN which
money may be paid into the Treasury of
the State the first section of which reads
thus:
81. All money to be paid into
the Treasury of the State shall
be paid into the Merchants
and Mechanics Bank of Wheeling,
at the city of Wheeling, or one of its
branches at Point Pleasant, CIarksburg
or Morgantown; or into the Northwest
ern Bank of Virginia, at Wheeling or
one of its branches at Parkersburg or
Welsburg; or into the Exchange Bank,
OF Virginia, at Weston, or INTO the Far
mont Bank, at Fairmont. To the credit
of "the treasury of West Virginia. and
the person so paying the same shall take
from the proper officer OF sucn bank or
branch, a certificate of the fact. The
treasurer, on the delivering to HIM Of
such certificate, shall retain and file the
same, charging the amount therein Speci-
fed to the proper bank or branch, and
delivering to the person who made the
payment at bank, duplicste receipts for
the amount so paid, specifying on what
account the same was paid. The person
making the payment shall forthwith hand
over one OF the said receipts to the Audi
tor, who shall retain and file the same,
charging the amount to the Treasurers
account, aid endorse on the other receipt,
which is to be retained by the person
making the payment as follows: "A
duplicate hereof has been filed in the
Auditors office, and sfix his signature
snd the proper date to such endorsement; {;