The enquirer. [volume] (Richmond, Va.) 1804-1815, 1806-06-17
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FOR THE ENQUIRER.
ON THE DOCTRINE OF CONTEMPT

- FOR The ENQUIRER
ON THE DOCTRINE OF CoNTEMPTs.
There is nothing more abhorrent to the feel
ings of arepublican people, & there cannot exift
more abundant fource of oppretIion than the
uncertainty of penal laws. In our fate, crimes
are for the mott part accurately defined, and
the corresponding pnnifliments clearly pointed
out, 10 that in mot inltances it is almoft imbof-
mole TOR any man to offend againft the laws with
out knowing that he is guilty of certain crime,
andis liable to certain puni(hment. The doc
tr'ne OF oontempts committed againft courts of
Jultice, forms perhaps folitary exception to
rms honorable and excellent provifion in our
CRIMINAL code. We are Obliged to perufe the
volumes or the Common law of England not
only to afcertain in what the crime of (" con-
te'nbf" cenGts, but ALTO to fluid out wha. pu-
nthment is annexed oft, and the no lefs i'm
portant circumItance of the manner in which
the puniihment fball be inflicted. Indeed after
the mott attentive perufal of thofe volumes, we
thali fill be puzzled to afcertain the extent of
the crime, becaufe there is difcretion vefted in
the courts on this fubject which places certainty
beyond our utmoit reach. That difcretion is in
my humble Judgment repugnant to republican
principles, and IN lefs aufpcious times NAV be
eatiy converted into an engine of great oporec
hon.
BY referring to the commentaries on the laws
OF England, we find that the contempts which
are puniihable by the hyperion courts of iuft;ce
There, are either direct or conEquentiaI, and il
IS dtonIihlng to obferve how many acts are con-
ldered as coming within that crime. Perhaps
many or the in'tances which are recited ought
in fact to call down the vengeance of the I,,y .
out when we recolleS that thofe who are guilty
otcoutemPts are TO be punifbed in their perfons
and their fortunes, in fummsry manner, with
out the intervention of a jury, by court who
are mott commonly interefted, and Who ran
hardly be removed from Office even for the erofT.
cit miibehaviour, we may furely paufe and al,
can there be fafety Whit fuch laws exit. LEI
as take Mort view of the various aees which are
Punilhable in fummary way, and are confder-
ed as coming under the defcription of con.
tempts.
't: When Judges and Magistrates of inferior
courts at umuftly, oPpreiiivey or irregulary
IN the dfcharge of the duties of their Office. or
when they proceed i'm a caule which they are
directed by hyperion Court not to proceed in.
they are confidered in all thefe cafes as being
guilty OF a contempt. Under this regulation. q
complete maftery is given to the hyperion courts
over the inferior, not only for the purpofe of
reverhhg their Judgments, but of puaifhinv them
Tor ,nluit'ce, oppreiiion, and irregularity, and
fhoie hyperion courts have the complete difcre.
ton to fay what fhall be con(idered as uniuR.
oppreniVe, orirregular. Under this regulation
reipsctable magftrate who may have difcharg
ed the duties of his Office with fidelity. NAV
under a charge of difobedience to wr;, r,ro.
ceeding from hyperion court, or of irrerular
Conduct, be dragged before that very court. and
without being allowed to defend himfsIf before
his peers, be fined and imprifoned according TO
no meafure but that of the Judge. difcretion.
Inc common law of England is the law of Vir.
gina, and pretlime that our hyperion courts
coniider themfeIves as having the came autho-
rty over our inferior magistrates. that tb. conr,
OF kings bench has over the fubordinate iuriE.
dict'ons in England. In this fate there are I'm.
wards of thoufand magistrates. Is this nu-
merous and respectable cIafs of citizens willing
that they ihould be fubjett to the difcretion, or
more properly iPeaking the within and caprice
OF few judges, however wife, and virtuous
they may be Can any reafon he pofiibly al.
fgned why magifrate fhouId be deprived of
the Benefit of by jury, even when he is
guilty OF opprefson? Beddes the quetion necef.
itriIy occurs, "quis cHftodet ct ipfos cuao-
des {" 1t by this fhort aud fnmmary method
me interior judges are to be punifhed for yio-
ldtIon OF law, who ihall punifb the fuperior
m1giftrates when they fbaI equally offend ?
1hey will fometimes a6 irreguIariy, uniuftlv,
or oppreiiively, and in fuch cafes would deferve
2ubiIn Nent N as iummary manner as the in
ferIor judges. Let the iufices who con(titute
contiderable portion of our Iegifl 4ture look ia
this tubjett, while yet they have the power.
ed: When baiffs, gaolers, fheriffs and other
ofncers OF the court abufe the procefs of the law
or deceive the parties by any acts of opprefiion,
extortion, coIiufve behaviour, or cupabe neg
ieet of duty, they are coniidered as guilty. Of
contemPts, aud are punifhabie in the fame way.
In this inttance alto, conceive the power of
the courts is comfortable. A jury NUT be in.
hnitey better calculated to Judge of thefe crifni
nal acts, and fthe punilhment proper TO be ar.
nexed to them than the court.
3rd Attornies and folicitors who are guilty
OF fraud and corruption, iniultiCe 10 their cl-
eats, or other dilhoneR practices. fee noreafon
why they Mould not have the benefit Of the trial
by Jury. Indeed the law of Virginia feems TO
have altered the common law IN this reCpea
BY our ltatute law, the council who praetife in
the court OF appeals, court of chancery, general
or diltrlct courts, are liable TO have their licenCe
tufpended or vacated for mal-pradices, either
in thofe courts or the inferior ones but the
-procefs againt them is not fummary, for the
party accufed is to be fummoHed to fheyy can't.
why an information flioud not be filed again(t
him, and when the information is filed, a.i,,rv
is enpannelled to afccrtain his guilt.
18th JurYmen who make default when fum-
moned, who refuie TO be fworn, or to give any
verdict, who eat or drink without leave of the
court, or at the expence of either party, &c.
Sth Whneiles who make default when FUN
moned, who refufe to be fworn or examined, or
N fh~tr ..,sIo