The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1876-01-22
.rAE IMPEACHMENT.

Yesterday morning the Senate meet as
usual as a high court of impeachment
asd after certain prelimin aries had been
gone through with, and the correction by
Mr.. N. B. CABELL of certain portions
of his testimony as printed, in accordance
with notice given yesterday, Mr.. GEO.
o. DAVENPORT, of the counsel for ae-
spondt mt, proceeded to open the case for
the defense.
Mr. DAVENPORT began by calling al
tention to Treasurer BURDETT's political
history in this State. He was man
we'll known and respected both before and
after the war. He served six times in
the Virginia Legislature before the war;
was member of the State Convention at
Richmond, and IN all these different Ca
pacities he had gained and held the re.
spect and confidence Of his constituents.
When the war broke out he espoused the
side of the North, and though while IN
service, he handled large sums OF money,
his course was marked by strict integrity.
He WAS after the war candidate Tor
Congress, aud was subsequently elected
TO the State Senate by his dnte-6etlnm
constituents. While running for Congress,
the same letter which has been quoted
By the Managers TO prove that be had
stated that ~ rebel had no nights except
the right to dsngie at the end Of rope"
appeared. At that time, he denied ever
having used such an expression, claiming
that it was letter written anc ascrlbed
to him bva friend without his knowledge
or consent, and Counsel read a letter from
this FREUD of respondent, exone rating him
from the charge. And, said the Counsel,
so Tar from his indulging in any such
sentiments, he was an earnest opponent
of the registration laws, and worked
hard for their repeal. Counsel quoted
from the journal OF the Senate OF which
Mr.. BURDETT was member,
to show tha. he voted against this bill,
and also quoted from speech OF his re-
ported in the columns of the REGISTER
February 18th, 1866, in which he spoke
against the measure,
The Counsel then vent on TO pay
high tribute to the reputation which re-
spondent had ever borne in public, say.
ing that but few men had ever stood so
high in popular estimation. AT time
when party supremacy was doubtful, he
possessed so much public confidence that
he was elected to office by nearly the
unanimous vote of the people OF the
State.
Mr.. DAVENPORT next alluded to the
onin,us of the prosecution, claiming that
it proceeded from political motives, aris.
ing from personal troubles and grievan-
ces which had arisen between the execu-
tive officers and members OF the Legis!a-
ture.
He next questioned the jurisdiction of
the Court, claiming that there was no
authority under the Constitution for the
Senate 10 organize as Court OF I'm
pesckment. He contended that while that
instrument simply recognized the fact
that such Court might exist, the said
provision was imperative until 1t had
been perfected by statute, and no such
statute had ever been established, and
that the law of Virginia on this subject
haing been repealed, and our system OF
laws being very different from that OF
England, the common law of that
country on impeachment proceedings
could not be cited as authority,
aud had nothing to do with the law
OF this State. Hence there was no legal
provision whatever for any such court.
This it viii. be remembered that WAS the
position taken by the respondents
counsel at the beginning Of the trial
He further examined irto what office
are impeschable,. He claimed that an
lmpeachment trial WAS necessarily a
criminal one, inasmuch as tney can only
be conducted against person over whom
the court has jurisdiction, I. {. civil
officer for some act committed while In
office. amounting to crime. Hence be
conte1 ded that no otiense which was not
clearly indictable could be improbable.
The ground was also taken that, since
impeacnments can only be proceeded
with against civil officers for crimes com
mitted while in office, no man can be I'M
pesched Tor any offence after his term OF
Office has expired. Counsel proceeded at
som length to read from authorities
supporting him in both the above posi-
tions.
Next the articles of impeachment were
considered. What they charged; the
manner in which they should be supported
and a review of the evidence which had
been advanced for their support was
gone through with at length, the Counsel
claiming that notestimony OF Importance
sufficient u justify conviction had been
elected.
He then appealed to the Senate to con-
s,der carefully their duties as judges,
their duties to the people, and to the re-
spondent. After which he read from the
american Lnc Register speech denver
ed bv Lord Carnarvon In the only speech
he ever made in Parliament, on the trlsl
of the Earl of Derby and reported IN III
Howell 5. T. PIP, 6S2 and 663, showing
that in mary instances the fate wished
TO be imposed upon the lmpeached was
evIdrn,ly visited apon the lmpeachers:
He also dwelt upon the enormlty ot
the offence which would Justify such
punishment as would be visited IN case
of prosecution, viz: Not only removal
from Office, but disqualification for lie
from ever holding again any office OF trust,
honor or profit, contending that no crime
had been alleged which demanded such
severity of punishment.
He then returned thanks to the Court
for the attention it had bestowed upon
him. and concluded his address.
THE TROUBLE BETWEEN THE