The Weston Democrat. [volume] (Weston, W. Va.) 1875-current, 1875-12-13
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THE iH"EAGiIMLST.

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The Senate will 81: Us Court. aud
will be governed by the laws and rules
o! n Court, upon all questions that nay
rrisc upon hctrial, aud the question
for that Court to determine will be, not
whether these parties have been guilty
Of any improperly which may be CEN
susable, but whether the acts alleged
TO have been committed are, if proven,
Improbable. What. then, is an im.
peachab!c ofFcusc? Tia. our readers
may have an opportunity Of coming to
y correct opinion upon this point, We
propose to publish Tie opinions of some
Of the leading men Of the country uaon
what constitutes aa impeachablc Of.
Tense.
Wilson, Of Iowa, who was Chairman
Of the Committee Of the House OF Rep.
reeatatiyes (aDd Ess afterwards one Of
the managers to impeach Johnson) to
investigate tue charges against Andrew
johnson, in his report defines what ia
IN Improbable of.nse. which report
was adopted by the House of Represcn-
tatives. thereby making it tho opinion
of tho House rs to what constitutes an
impeachublc olfenSe. Here it is:
THE power Of impeachment is with
the House Of Representatives, but ouly
for impeachable oiFtnscs. Thay are to
proceed against the ofenss, but not to
create an offence and make any. Grim.
iual and iWpeachab!G at their will and
pleasure. What is an offence is a
question to b, decided by the Constit.
ution aud law-not by single branch
Of the Legislature and when the Of.
tense thus described by the Constitu-
ton or the law has been committed,
then, and not until then, has the House
Of Representatives power to impeach
tho offender. A civil officer may be
impcached for high crime. What is
n crime? 1t is such i violation of
some known law, as rW render Tic of.
fender lube 10 be prosecuted and pun.
ishcd. Crimes and misdemcanors are,
i'll their general sense, syuouomous-
both being such violations Of law as ex.
pose the persons committing them to
prosecution"
President buchanan was a men,
Der Of the House of Representatives
mud Chairman Of the managers 10 the
Impeachment trial Of Judge Peck, and
here is what he says Of IN impcachahlc
o!teuse:
"a Federal Judge holds his olficc
during good behavior. Official mis-.
behavior, therefore, in a Judge, is for.
fixture Of his Office; but when we say
this. We have advanced ouly u small
distance. Another question meets US
what is misbehayior in Office? In
answer to this question. and withOu.
pretending to furnish n definition, /
freely uiali zee are GoHad to prove that
the respondent has violated he COnslitu.
zion or some kno~W lac cfthe land.
This. | think, was tho principle fairly
10 BIZ dcducGd from all the arguments
Oh the trial Of Judge Chase. and from
the votes Of the Senate on tie articles
Z: impeachment against him."
lloa. Rcvsrdy johnson, of Bal,i.
more, who is one of the ablest lawyers
in the United States, was amen,ber Of
til: Senate upon the impeachment trial
u Andrew johnson. and acting under
the sanctity Of an oath as one Of the
Judges, thas defines IN improbable
otlcIsc:
THAT the terms crimes and INSIDE
moanors in the Constitution of the
United States mean legal crimes and
misdemeanors (if there could be any !
doubt upon this sutjcct) is further ob.
yious from the provisions in the Sd
section Of the LIST article Of the Consti.
tuition. That notwithstanding the
judgment on impeachment, the party is
liable to indictment, trial, Judgment
ind punishment according to law
This proves that IN officer can ouly be
impcachcd for acts for which he is liza.
lie 10 criminal prosecution. What.
ever acts, therefore, that could rot be
crimiually prosecuted under the law
cannot be grounds Of impeachment.
Nor is. this doctrine peculiar to the
United States. 1t was held III the case
Of the impeachment Of Lord Melville,
US far back as 1906. and has never
since been judiciully controyer,cd in
England. Tile charges in tia, case
"ere The alleged improper withdyural
"Hd use gthc PuJ!ic faHds entrusted to
hin as Treasurer gf'Me Nary. BY
the managers it was contculeI tia,
these were, BY law, crimes aud misle.
mcaHors, aud denied by his Lordships
counsel. The impeachment evidently
turned upon the decision of this ques.
lion. The opinion Of the Judges was
requested by the House of Lords, and
their answer was, that they were not
crimes ur M!sdemeanols, and his Lord
ship, on vote in tue aggregate, upon
oil the articles of $50. was acquitted
BY u majority Of S44."
Senator Davis, Of Il ,ntucky, on the
same occasion says:
BESIDES treason aud bribery. what