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

bears DIS the Lab. .ilstsat. Iam qttite
willing W assunse thpsFesponSibility of
my w6ole, action jim the premises, b1EI
am ,notHiling Chat that should be tor
tufed into q contempt, which was not
intended as contempt in point of fact,
and was not contempt in point of law.
Tho question arises, did the resolution
of the House Of Representatives, served
upon me. operate aS a suspension from
Office? I hold that it did not. A mere
resolution of the House to imneach q
public officer is not an Impeachment. It
is mere resolve to do thing which he's
not been done.
In Section l, Article z, of the Consti-
tuition, it is provided that the House
shall have the power of Impeachment, o
'sand any officer impeached shall thereby
be suspended from Office until Judgment
in tho case shall have been pronounced.
A two-thirds vote is necessary to reso-
luton to impeaoh, but the officer is
''thcreby suspended" BY what? Not by
tho uote on the resolution to i,;,peacA, but
by tie Impeachment ilseD. Now, what is
on impeachment? Mr.. Justice Story
will answer the question. Taking that
authority for guide, can impeachment
may be defined to be ,oriNen accusation
by the House of Representatives to the
Senate against nm offlcer.'' The written
accusation is called articles of impeach-
ment. Until this written accusation is
made to tho Senate, there is no ilnpeach-
ment. In this connection, Section 13.
Article 1, of the Constitution of South
Carolina provides that ''no person shall
be held to answer for any crime or Of
fence until the same is fully, fairly,
plainly, substantially and formally de-
soribed to him." The impeachment
commences with the presentment from
tho House TO the Senate. What is the
mode of proceeding? When q person
who may be legally impeached has been
guilty, of some malYersation in office,
resolution is generally brought forward
by member of the House of Represen-
tativos, either to accuse the party or for
committee of inquiry. If the commit
tee report adversely to the party, they
give statement of the charges, and re-
commend that lie be impeached When
the resolution is adopted by the House,
q committee is appointed to impeacA the
party at the bar of the Senate. and to
state that the articles of impeachment
against him will be exhibited in due
time and made good before the Senate,
and to demand that the Senate take order
for the appearance of the party to an
swer to the impeachment. The House
then agrees to the articles of impeach-
ment, and they are presented to the Sen
ate by committee appointed by the
House to prosecute the impeachment.
The Senate then issues process summon
ing the party to appear at given day
before them to answer to the articles.
The process is served by the Sergeant
alarms Of Tie Sendte. This is the i'm
13, Article l, of the Constitution of this
State, directing that the offence bo fully,
fairly, plainly, substantially and formally
described, and at this point comes into
operation Section L. of Article 7, of the
Constitution, directing that ''any officer
impeached shall thereby be suspended
from Office" etc.
None Of these things have yet been
done, and [ shall submit myself to them
when they are done. AS q Judge in
South Carolina, it surely can be no
contempt to the House of Representa-
tives, that stand upon my constitution
al rights. The whole proceeding in i'm
peachment is derived from tue English
law. What is the proceeding there?
The course pursued, is vote in the
House OF Commons, ordering articles of
impeachment upon such probable cause
as might be considered by it sufficient.
Thus far the proceeding is altogether
e.rparte. 1t has been we'll expressed by
another: ''The accused party was neither
summoned nor heard, and the House
satisfied itself as to the propriety of the
proceeding, either by taking erparte
testimony before committee or in any
other way which was deemed advisable
Upon the vote being decided in favor
of impeachment, articles were drawn up
setting forth particulars, and these were
sent up to the House of Lords, under
certain managers appointed from their
own body, by the House of Commons;
at this point of the proceedings the
accused aoas made q party for the first
time, and the matter then assumed the
form of cause to be tried upon proof
and defence, before the Lords as Judges.
The House of Commons were virtually
the grand jury and prosecutors, and the
House of Lords united in itsolf the
functions of the court and petit jury to