The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1876-01-24

have found party or 4 press to have
bolstered up the officers OF the old State
had they been guilty OF acts such as are
charged upon the respondent. The old
State held her officials to the strictest &c.
countability, and yet such was the purity
OF character Of Virginia statesmen that
in hundred years there had not arisen
single exception TO the acts Of
her .oticials. Out Of the turmoil
OF blood and carnage and temptation in
cident to civil war her officials came
without the smell Of fire upon their gar
ments. He was proud Of her integrity,
Now blot marred the cscutcheon Of the
new State Of West Virginia, brought
upon it by man who came out OF the
army OF tho Union as quartermaster.
In tho old State there could have been
found no man to do such acts, unless per.
chance it should have been some man out
OF the quartermdStsrS department.
Coming to the law in the case, Mr..
Stuart said that the counsel for the de.
Tense had charged the managers with
holding that the Senate rs a court Of i'm.
peachment was not bound by the critical
technicalities OF the court and jury sys-
TEN. lie would repeat that courts OF
impeachment had wider scope than
other courts. The ofenses which came
before them were mostly political, and
could not be legislated upon. In sup.
port OF his position he quoted from
Story 10 show that such ofIenseS
were far removed from judicial
jurisprudence, which must be weighed
with an eye to departmental, diplo.
matte and similar usages, that n tribunal
with power to weigh the offences charged
in alltheir dependencies was indispensa-
BILE. He therefore now asaalways, insist
ed that the court should not entertain
technical objections. Why shoulda court
which itself passed upon u question
guard its mind from the consideration Of
facts and circumstances growing out OF
the case when it was to be sole Judge Of
how much weight they were entitled
to.
As to the jurisdiction Of the court, this
question had been settled by an almost
unanimous vote when the counsel for the
respondent first put in the plea that the
Senate had no right to sit and inveSti-
gate the charges against the Treasurer.
II this plea was to be sprung at every
stage OF the case, argument and discuss.
sion would never end. The eConsti-
tuition OF West Virginia had not failed TO
point out the mode Of procedure in cases
oi impeachment, nor to determine
the constitution OF the court.
The Constitution was law within itself,
and no man living could demand fairer
investigation or a more intelligent court
than is afforded by the Constitution. He
would like to have any gentleman point
out any enactments Of the Legislature
that guarded more carefully the rights OF
the accused than does the Constitution,
and yet this man charged with an otlense,
thrusts into the Senate's face the plea
that it has no jurisdiction in the case.
The respondent whose counsel claimed
for him an immunity from suspicion
equal to Csesar's wife was afraid
of this court and put himself in an
unfavorable light. Mr.. Stuart here
quoted from Story to show that under
the Constitution, legislation in cases OF
was not necessary, and that
the offences were not necessarily statutory,
we're not limited to high crimes and mis-.
demeanors, but empowered the court OF
to examine and see wheth-
er cause existed for the removal OF an in
frulii office. lie was satisfied to
leave the question Of jurisdiction in the
hands OF the Senate.
Pending the argument of Manager
Stuart, Senator McGinnis moved IN nd
journment until Monday at II A. NJ,
which was agreed TO.