The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1875-11-25

NpPllCubluu uuu Wuh HOt tHt laws AulAGl
the legal argument OF Mr.. Hutchinson
sustained as i was by an array Of author
tiles, English and American, was unan'
swerable.
The argument Of Mr.. Hutchison, in re-
ply to the propositions Of Mr.. Jackson
that Messrs. Burdett and Bennett, were
not liable to impeachment because they
had not committed indietable offences
was very clear and satisfactory,
lie said that it was absurd to say thai
impeachment in this country was a mode
Of procedure, for the punishment Of crime
when the Constitution expressly declarei
its object to be, "thG removal from
and disqualification to hold Office" And pro
videS that the persons convicted should
be liable to individual trial and punish
ment according to law for their crimes
That impeachment was measure pro-
vided by the Constitution for the remove
al Of men from office whose, miscon
duct impcrilled the public safety and re
ndered them unfit to occupy official posi-
tions, although their malieasance, non
ieasance or misieasance has not beer
made criminal by any statute. That The
authorities werG abundant TO show thai
the phrase "high crime and misdemean
ors" as used in the English rs well as il
our State and National Constitutions L
not limited 10 crime, defined by statute OF
even recognized by the common law,
lie referred to thecase Of Lord Viscount
Melville, who was tried on an impeAch.
ment, for that rs Treasurer Of the navy,
he had used for purposes Of private gain ht
public money not pith he intention Of deJrdud.
ina the government out OF any Of it. His
reference to, and quotations from Curtis
history Of the Constitution, In regard to
thisI question was most: fortunate as
we'll a. appOsite and in our opinion Is n
complete refuLation 1.-THE whole argu'
ment Of Mr.. Jackson and his associates,
Mr.. Curtis says although an ippeacll-
ment may involve an inquiry whether Il
crime against any positive law has been
committed, yet it's uoi necessarily a trial JoT
crime, nor is there any necessity in the
case Of crimes committed by public oili'
GERS for the institution Of any special pro-
ceeding for the inniction Of the punish.
ment prescribed by the laws, since they,
like all other persons, are liable
TO the ordinary jurisdiction OF the courts
of Justice in respect oi offence against
positive law. Ihe purposes {? an InIPedch.
nlcnt lie Wholy beyond The penalties Of hc STAT
ute, or The common lar. The object otths pro.
ceedin0s Is 10 ascertain pheiher cause eriStl
for reDiOrin1 d Dublic officer from Office. Such
a cause may be found IN me TACT that
either in the discharge OF hls oihGe, or
aside from its functions, he has violated
law, or committed whaL II lechhicai!y
denominated q crime Bnt cause for
remotdt from Office may ef'Si There no offence
against po'ltre tdg has been committed, as
when the individual mas from 'mnlordt'ty
or inJecIlhy or mai t.admln''"ratI0n become
unit to exercise the Office. Ihc rules by
whIch an Impeachment Is 10 De determ!ned are
therefore ,p'calidr, aud are not inIly en-
braccd by, those principles or pr0Vl-
SlonS ni law which courts oI orhlh9'
ry. jurisdiction, are required 10 au'
minister" Anu Mr. justice STORY
says: Congress has nnhesltatlngly adopt
cd the conclusion that no pFer'ow Statute Is
necessary to authorize an Impeachment
lor any 9Ihclal @ @mlsco"uuti.1 .'.'i1 @ ~ .ne lew lew
cases OF impeachment which nave DeelI
tried, no one q ne chdrge" mas rested upon
any StalntabIe mIsHemeahor. III eXahln, y,
Ing. the history ol lmleachInenS u wlll
be found lhat many offences holeaslly de-
Unable ny law, ana many OIL purely Po'
lltlcal character, nave peen hiSn crimes crime
and mlsueheah9rs worthy OF 'hls extra
ordinary remedy lSt vol' sIorys Goln'
menlnries on tic CONSTITUTION, SECTIONS
79 and SOO'
MIR. H. was most haPPy III y IHolaIloIl
he made from The celebrated Seargent
Rawle's work on the CONSTITUTION, III
which hc Says tnat "lhe lnVolu'
tions and varieties ol wee are 100 many
and too artlui TO pe anticipated
BY positive law. The londhess frequent:
Iy felt ior the inorulnate extension OIL
power, the influence q parry ana oi preJu'
dice, he seuuciiohS oi society or the Da'e
appetite Tor illegltinate emo1luments,-
are sometimes productive OF what are
not ihaWIy tGfWeu poltlcal ouenscS'
which II would he difficult to take cog
niznnCe Of In the ordinary course oil judi
Cial proceedings"
Every act which tends to prove that
the incumbent Is unworthy OF the conl'
dence or unfit to continue In the office Is
mn impeachnbIe otlense, whether the act
be violation OF statutory law, constitu-
tional law, common law, or sound NOR
ala or public policy.
Having made II thorough examination
Of the legal proposition OF the defenders
Of the accused, Mr. II. turned to the evil
dence bearing upon the several charges
Of impeachment. .,.,
lie referred to the testimony oil WIZ
liam 7. Burdettto show that he was con-
Ecious that he was coEnmittingnn ottenSe
against the Constitution and laws Of the
State in making the arrangements he dld
with the several banks, especially hi. sig-
nilicant reply to nm interrogatOry ol The
committee that the percentage was paid
TO him, because under the new COhstltli'
ton the banks would not dared to have
offered anything to his father or the Au'
ditor.
In reply to the charge ot Mr.. Jackson
that there was not II particle Of legal ev'
idence against The accused, Mr. IL. retsr'
red 10 the. evidence Of Mcs9rs.. j W
Mathews, II. Slack, n. Is. CNDell, John