The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1870-12-20

The history OF the United STATES has
never yet afforded-we trust it may
never again afford ia party fit to be COM
pared with the one in power.
~.ir'
Reply OF Judge Vernon.
In the matter of the resolutions of the
House, of Representatives; charging con-
tempt against Thomas o. P: Vernon,
Judge of, the Seyenth Circuit.
I,have been summoned to appear be-
fore the House of Representatives. of
the Stats Of South Carolina, Upon re-
solution OF that body, to show cause, if
any i have, why an attachment for con-
tempt of the orders of the House should
not, at once Issue against me, in this:
"That on yesterday, aoresolution, by the
plain terms Of which the. Hon. T.. 0. p.
Vernon. Judge Of. the Seventh judicial
Circuit. vas impeached of high crimes
and misderheanors, and, as appears from
the report of the Sergeant-at-Arms,t the
legally constituted messenger and agent
ofithe HOUSE, written communication
from the Honorable the Speaker of the
HOUSE WAS delivered (at ethe hour of
seventeen minutes to 3 e. M! yesterday
into the hands OF the said Judge Vernon,
by the %Sergeant-at-Arms. which said
communication contained certified
copy. of, the said resolution passed by the
House, whereby the said Judge Vernon
was impeaohed of high crimes and mis-
demeanors, aud which said communion
tion also called the attention of the said
Judge Vernon to Section l., Article 7, of
thes Constitution of the State, wherein
it is provided that vote of impeach-
ment by the House of Representatives
shall operate as suspension from Office
of the officer impeached, until judg-
ment shall have been obtained in the
case,! and it is generally and positively
known that after the receipt of the com
munication aforesaid, by the said Judge
Vernon, and after he had publicly read
the same, and made himself acquainted
with the contents thereof, he, the said
Judge Vernon, continued to exercise and
did exercise the functions of Judge, in
open and fagrant disobedience to the
orders Of the House; and further, the
said Judge Vernon did, in public, de-
clare, that he cared naught for the man
date and order Of the House, which the
said communication conveyed to him. !"
For answer thereto and for cause, I, T.
0. P. Vernon, Judge as aforesaid, re-
speotfully show, that neither by auord
nor by ac4 have I held in contempt the
order and mandate of the Honse of Rep
resentatiyes.
The facts are briefly these: Certain
persons, citizens of Laureus County, in
this State, held in custody by the Sheriff
OF Richland County, sued out before me
writs of hdbeds corpus, and I was aotu-
ally. sitting as Judge in the said cases
in the Court House in the city of Colum-
bia, when o resolution of the House of
Representatives was handed to me. I
do not now remember the hour, nor do
I now remember whether I had then
signed the order for the discharge of the
prisoners upon bail, when the resolution
was handed to me by person who, I
suppose, was the Sergeant-at- Arms OF
the House. I do not now remember
what words I used on the occasion or
subsequently. I am sure did not use
the words II cared naught for the man
date and order of the House." My re-
COLLECTION is, that neither then nor sub
eequently, did I use these words. If the
words were used, and were contemptu-
ous, they were not used in the presence
OF the House, and, therefore, they do
not render me amenable to an attach
ment for contempt am very sure
did say at tho time that the resolution
was served upon me, and perhaps subse-
quently, that did not regard the reso-
luton of the House as O suspension from
Office, or words to that effect. do not
admit thpt 1 ''oontinued to execute the
function Of Judge after the service of
tho resolution. If, in point OF fact and
OF time, I did sign the order for bail
after the service, It was not sin open
and fragrant dispbedience of the order of
the House." Such was not nv purpose
at the time The intention of resisting
and manner did not then, nor has it
sinoe. ;inaqapeed my conduct. I be-
lievedishep, and believe now, that I was
in thel digqharge of my duty in hearing
the cases! on hd6eqs corpus; that this
could be construed into contempt of
the mandate and order Of the Rouse"