The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1876-02-05
IMPAIRMENT

At the usual hour yesterday morning
the Senate resolved itself into a Court OF
Impeachment for the purpose of proceed
ing with the trial of Auditor
BENNETT. AS announced yesterday Mr.
BLAKEMoRE commenced his argument
for the prosecution.
He commenced by asking the indul-
yence of the Senate while he proceeded
nj length TO show how the Auditor had
violated all law and official dignity. He
would do this with more pain than pleas
ure, for he felt deeply how the disgrace of
conviction would effect the name and
reputation not only of the Auditor him
self. but OF those dependent on him. Still
the Court should, while temperlng JUS
tIce with as much mercy as possible, pay
full regard 10 tho interests OF the people.
He lthe Managcr) discussed the princi-
nles of purity and honor upon which our
Government was founded, and when our
official. were wanting IN these qualities
then we are in u dangerous condition.
"Wbere." he asked, would be the safety
of the people if any officer could miscon-
,true to his own advantage plain, con-
sti,utional provision7 Respondent had
embezzled money, but not until
tbe embezzlement was being looked into
by the people of the State, did he appeal
10 the law officer Of the State to justify
his action by his legal opinion. And
the Manager likened this to man
who had stolen horse, and afterwards
obtained advice from some authority to
permit him TO steal horses ever after.
The Manager next alluded to the point
raised bv the defense, that an officer
coulS not be tried for an ofenSe commit
ted at q previous term OF office, lie
claimed that this position was very weak.
Suppose. said be, that at this time, the
respondent is secretly committing fraud
upon tho people of this State, and
that he should not be fonnd out
while in office. Suppose afterwards he
should be elected Governor, and his pres
cnt frauds became known, then could he
not be tried and removed for his present
acts? Ifsuch position was maintained
by the Court il woult be very slippery
one, and full of danger to our republican
lOIlll Vi AON'I AlthNhNs ilt ~ WV
Barnard trial in New York, where it was
decided virtually that impeachment for
official corruption knew no statute of
limitation. He wanted the Senators to
let the Barnard precedent gouide them.
de then proceeded to take up the ar
ticlss of impeachment IN detail. Regard
mo the first. which charged that the
had,,or had committed perjury because
be had neglected to make semi-annual
report of all monies received or dis0u's-
ed by them, the Manager read the con-
stitutional provision on the subject re-
curing such report, and said that the
respondent admitted In hIs answer thsI
he had not made full reports Of all monies
received by him, but claimed that those
not reported were personal fees, which
were exempt frcm the the meaning OF
said constitutional provision. The MaR-
ager claimed that the Constitution was
clear and distinct. II said "all monies
received and disbursed from all sources
and for every service If the Auditor
could not understand that, he should be
removed for ignorance and stu
piditv. He further claimed that
the oplect ol tHc SoHSt'tutl'u ~
requiring these fees to be reported
was manifest. They wanted to know
exactly what the office was paying so the
people could see them, and find out
whether an officer was taking that which
did not belong to him. The manager,
in discussing this point referred psrticu-
Iarly to the case Of the Auditors having
received in one year S2S7.50 from the
Home Insurance Company of Columbus
as fees, and he agreed that in appropri-
ating this sum with others to his own
use, he was guilty of high crime.
The second article, charging emeez,
element, in that the Auditor had
appropriated these insurance fees
to himself was next considered.
He said it was claimed that these fees