The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1870-12-20


shall operate as a suspension from offlce OF the
officer impeached, until Judgment Shall have been
OBJ aimed in the case, and it Is generally ana posi-
lively known that after the receipt OF the commu,
nication esaid. by the said Judge Vernon, and
after he had publicly read the same, and maze
himself acquainted with the contents thereon, nc,
the said Judge Vernon, continued TO exercise am,
did exercise the functions OF judge, In open and
dagr0nt disobedlence to the orders Of the house;
and, farther, the said Judge Vernon did In public
declare that he cared naugAt for the mandate ana
order OF the House, which the said communca-
tion conveyed to him." for answer thereto and
respectfully show that neither by 1oord nor oy
ac; have held in contempt the order and man.
date Of the House OF Representatives.
The facts are briefly these: Certain persons,
citizens OF Laurens County, In this State, held In
custody by the sheriff Of Richland County, sued
out before me writs OF hdoeaS corpus, anu was
actually sitting as Judge IN the said cases 10 tne
in the ciy o. %Gga ns
ed TO me. do not now remember the hour nor
do now remember whether had then signed the
order for the discharge OF the prisoners upon pail
when the resolution was ma banded 70 me oy per; Il;
the House. I do not now remember Wnat
words used on the occasion or subsequently.
| am sure did not use the words u careG
naught for the mandate .and order OF tne
HouSe.n My recollection Is, that neither then,
nor subsequently, did ! use these words. II
the words were used, and were contemptuou5,
they were not used in the presence OF the House,
and therefore they do not render me ameuaole
to an attachment for contempt. am very sure
did say at the time that the resolution was served
u2on me, and perhaps subsequently. tnat ulu
no. regard the resolution OF the House as sus-
pension from otIlce, or words to that enect. i do
not admit that "contlnued to execute the 1unc-
tIon ofjudge, after the service OF the resolution.
II, in point Of fact, and OF time. ald sign tne
order for bail after the service, IL was not "ln
open ana nagrant disobedlence of the order OF
fha
time The intention OF resisting the action OF the
House In this mode and manner did not then.
nor has it since, influenced my conduct. be-.
lteve then. and believe Low, that ! was was
the cases on ha6eaS corpus; that this could
be construed into contempt OF the
mandate and order OF the House, dld
not for o moment, occur to my mind. The ab.
sence OF such Intention will. think, be apparent
from my written communication 10 the House ID
response to the resolution, which communication
bears date the l4th instant. am quite willing TO
assume the responsibility Of my whole acton 10
should be tortured into contempt, which was
not intended as contempt In point OF TACT, anu
was not contempt IN point OF law. me ques
tIon arises, Did the resolution OF the House OF
REPRESENTATIVES, served upon me, operate as
suspension from cf1lceP i hold that 1t did not.
A mere resolution OF the House TO tnapeach
public officer is not an intpeachn1eIt IL Is
mere resolve to do q thing which has not been
done. .. T.,
In section l, article T. OF the constltutlon, IL Is
provided that the House snail nave tne power o ol
uuired, sand any officer impeached shall thereby
be suspended from office until Judgment IN Ine
case shall have been pronounced" tWotMrus
vote is necessary to resolution TO inpeach, but
the oflcer is "tGereby suspended by what' Not.
by the vote on the resolution TO Gnpedch, out oy
the Impeachment ITSELF. Now, what IS an im-
peachmentP Mr.. Justice Story Will answer tne
question. Taking that aatnority lor gs gaIe ac ac
cusafon by the House OF Representatives 10
the Senate against an officer" The written ac'
cusation Is called articles OF Impeachment.
Until this written accusation IS maze en,a 20 @ one
Senate there Is no impeachment. In tnls COD
necton, Section IS, Article ! OF the constitution
OF South Carolina provides mat "no person sha!!
be held to answer for any crime or onence uutii
the same is fully fairly, plainly suostantaily ana
commences with the presentmentI rom the House e
to the Senate What is the mole OF ppoceedingf
When person who may be lega!ly impeaSGeu
has been guilty, or Is supposed 10 nave oeen
guilty. OF some malversat!on In office, resouIion
Is genera " brought forward by member OF tne
House of REPRESENTATIVES, either to accuse the
party or for a committee OF inquiry. II tne com
mlttee report adversely to the party, tney give
that he be irepeached. When the rcsolutIAis
adopted by the House, g committte IS appe
ed to i,npeach the party az ne Gar 0! 9
Ssnate and to state that the arf,:.,,..es OF in.
peachment against him Will be exhibited 10 aae
time time and maize good before the Senate, and to
demantI that the Senate take order for tee ap'
pearance OF the party TO answer 10 Inc lmpeacnrc
inent. The House then agrees to the ARTICLES OF
impeachment, and they are pressnteMu ~ 70 nuso Iu ~
prosecute the impeachment. The Senate then IS
sues process summoning the party to appear NJ a
given day before them TO answer to IN" artlcieS.
The process is served by the seLgean. -aooIs no- -
ance with section l3 article OF the CONSTITUTION
of this State, directing that the offence oe luliy'
fairly, plainly, substantially and formally ae.
scribed and at this point comes inso opstStUn t,u
that any of1cer impeached shall thereby be sus-
pended from Office" &c
None Of these things lave yet been done and
shall submit myself to chem when they are qone.
As Judge In South Carolna IL sures Uau thot Iv ~
stand upon my constitutional rights. Tne Wnole
proceeding in impeachment Is derived from tue
English law. What is the proceeding there Inc
course pursued is vote in the House OF Com
mons, ordering articles OF impeachment upon sucn
probable cause as might be considered by u sui.
ficent Thus far the proceeding Is a,.22etner &c
parte. 1t has been vel eSpresseG Dy aosnef por
heard and the Hou: satisfied itself as 70 tne pro
priety of the proceeding, either by taxing &c
farte testimony before committee, OF III any
other way which was deemed ouVlsaoie Cpol III, t.s
vote being decided in favor o; impeachment, artl,
cles were drawn up setting forth particulars, anu
these were sent up to the House OF Lords, under
certain managers appointed from their own
botv by the House Of commons; at shis polnI Oh
the proceedings the accused 1caS maze plI.g
for the FIRST time, and the matter then assumed
the form OF cause TO be tried upon proc! ana ne.
fence, before the Lords as Judges. me II. use vi
Commons were virtually the grand jury anu pros
ecutors and the House OF Lords united n ltseil M
the functions O: the court and petit Jury 10 y lHe
cause, So fur, by this well expresses rule, every
thing against me has been er palte-the proceeu,
ingS thus far have been TO make an accnStt.trIt :
worked into which ultimately is to Oc the lor;ii Oh
e cause-in o.her words, the proceedings mus itr
have been TO make preparation for an inlpeacil'
ment, which hereafter Is 10 become an Paoh
meut in fact Mr.. Justice Story describes lmpeacn-
nept as q kind OF bill Of indictment found by the
commons and tried by the Lords. Measured, then,
nv the rule Of o common law Indictment, Woult
ask, what is an indictment? 1t IS defined IN the
books 20 be "a written cusatlon OF one or more
persons, OF crime or Mi demeanor: presehaea 10
aud preferred upon oath or ailGlnaaon pl staho
Jury legally conYOkeu.''
II, then, the House OF Representatives stan,is as
1t were on the place Of the grand Jury, unll tlie
articles of impeachment are presented, now can
mere resolution Of the House TO lnpeaca stand III
the place OF this presentment TO Inc senate l auu
until there be presentment to the Senate, now
can there be an impeachment; anu until
there be an impeachment, how can there oe,
under the constitution, suspension from once;
and until there be suspension 1rom oihce, NOW
can an officer, under the constitution, oe ORDERED
by the House of Representatives to cease from eN-
ercisinp the functions OF his office; and II ne con.
tiEue exercising the functions Of ms ounce, now
can ne be said 10 be In open and hagrant con-
tempt OF the House Of Representatives? IN saying,
then, at the time when the resolution Oh lie
House was serTed upon me, or at any tlme SUI
seauently that did not regard IT, anu IL nssn ,n n
;,1heoc cornuc whether the order was signed pe-