The enquirer. [volume] (Richmond, Va.) 1804-1815, 1806-06-17

much to the diicretiUu of the courts. and tb.v
have for that reafon in each inftance either foe.
cihed the fun ia which the perfon offering the
contempt fhail DC fined, or limited It to GER
tam ium which the court cannot exceed.
9Th: There are contempts ALTO offered to
courts, by parties to fuit, as by difobcdience
to any order, or rule of court made during the
tendency OF fuit, Sc. But the attachments
which are iiined, in oonfequence of contet,pts
OF TINS tort, are conidered sather as civil execu
tons for the beaefit of the party, than as cri.
minal profecuton.
7tn: The lait fpecies of contempt is that
which may be offered by every perfon, and is
raught with mott danger to the citizen on &C.
count OF the great difcretion given to the Judge,
and the underlined nature of the crime. Some
on tneie contempts may ariic i'm the face of the
Soart' AS by rude and contumelious behaviour,
oy ootinacy, perverfenefs or prevarication, by
breach OF the peace, or wiiful difturbances.-
Others may happen in the abfence of the party,
as oy dio6e ying, or treating with difrefpeSf the
VIRUS, or the rules, or the procefs of the court
by perverting iuch writ to the purpofes of pri-
vate malice, extortion or injuftce by Reakius
or evrifing contemporary oftbe eou-f or judpes,
a1ias IN fbeir judicial capacity by PRINTING
JNye accounts or even true ones, zvitbout prooer
pe'mlTon, Of eauies then depending in Indictment,
or by any aT aDbie6 deuo1Rrufes a groG evant of
: ere" Spec f0T COURTS or fdXfce.
1t IS certainly proper that courts of iuRice
fhould be vefted with the power of preventing
any diturbance, or any act from being done
WHIT IN ieiiion which has tendency to inter-
ruPt the important bufnefs which it NAV have
to traniaef, but would not this Object be fecur-
ed by authorizing the courts to deliver the mar.
~ to the cuitody of the flierif, there to remain
until the end OF the court, or for certain mum.
per OF Gays, as completely, as by authorizing
,heui 10 ihihct rigorous fine, and more
ienssheneo imprisonment The power of the
les'ns'ure, over thoie who interrupt their pro-
ceed'ngs, believe, extends no farther. and RI
every religious man it may feem as imnor,,nt
that an aiiembiy collected for the purpofe Of
woTih'PPing their creator, fhouid have a. com
Piete power to preierve order, and punib con.
tempts againit them, as court of iuftice. Nv
the Virginia law, if any perfon wilfi,lv or mali.
c'ouiiy diiturbs religious aifernbly, he NAV he
put under reitraint by any maeifrate during re.
iigious worhlp, and bound to appear at the
next court, where he may be punfiied with
hne and imprisonment to be affeGed by ;lry.
Wnere IS the improperly, or the danger to the
GOOD ordcr OF foCIety, in meafurinp the fame ;nC.
t'ce 90 Judge as to preacher of the eofpel |,
The power however which is entruf, "a 70 tbs
courts OF puniihing contempts offered in the
aoience or the party, is much more obieetiona-
pie. II man ipeaks or writes conference.-the
OF Judges acting in their official Capacity. or if
he Ppbiiihes even true accounts of depending
canies without authority, he is liable to he fin,
ed and impr,toned by the very court of whom
ne thus ipeaSs, or writes contrmptuou(ly. or
Whole proceedings he announces to the world.
Way rafeher' II ne does any thing which in
'ns'r op'nion amounts to want of refpea and
regard 10 then' he equally comes under their
lain. Such power as this, is monftreus and
unwarrantable. 1t may be necefTary for conrt
OF Star-chamber. which requires that its defDotic
proceedings mould not be expofed to the light
OF DAY, and that not even muraiur of difcon.
tent thould be heard, but flrely it is an ufrIeTs
tor courts who are bound toad
ninnter with impartiality falutary laws to a
tree people. flush law is fuffered to ftain o,r
cone, IN VAIN may we boat that our conftituti.
on tecures the freedom of fpeech and of th,s
Prels in VAIN does it eftabfh the refponfiblityl
OF public fervants (; in vain does it eftabifh Tri.
bunas tor the impartial administration of inf.
tlce; all of thefe facred principles are acrced 70
the rnthlefs fpirt of the common law. Are
not the decihons ofjudges as proper fubieets of
anlmadverion and cenfure, as the laws made
by our legislatures If 70, how does it come
TO pals that 1t IS criminal to fpeak contemptu-
Gully OF judges when aching in their official ca.
Pacity, and not criminal to fpeak of Ieoinators
when acting in their Legislative capacity with -
quai contempt and acrmony, Judges are ref.
Pohhole agents, and altho' it is difficult RI re-
move them even for mifbehaviour, vet Il ought
not I'D be forgotten that they are confidered as
a'nenaoie to the people for their judicial acts.
as iuch, their motives may he arraigned and
tne'r proceedings icrutinized with as much FREE
dom and curoiity as thofc of other refoonf;ble
agents. Let us fuppoie a cafe to be BROUGHT
oefore court which is of great public moment
a an, which has excited great public curiofity
ne court delivers an opinion, or acts in ma
nerthat ottendsdilinterefed fpectators. Ina mo.
ment OF honeit indignation one ofthem decIaree
that the opinion delivered by the cour, is contra
ryt to law, and repugnant to the conhitutiop. &
mat the court mutt he either foolil, or wicked.
he delivers his fentiments freely, not in the view
or the court, but to circle of acquaintances
ne doeSnot attempt to interrupt the bufineGs
OF the court nor to intimidate it. OUGHT he tn
be considered as criminal? Every freeman
VIII pronounce him innocent, but vet the com.
mon law pronounces him guilty, and ,Iraps him
before the very tribunal whole ats he cenfurc.
+, NAT tribunal is party and judge it DEGREES
MS Pnniihment. But may be told that the
common law on this fnbjeet is repugnant to the
contribution and therefore void. This NAV he
true, but who are to decide on the uncon6itu.
honality and invaIidity of this law The iudg-
es thoic very men who (as to this fubie6l are
ca''ed on to decide their own caufes, are relied
on to declare a law void which attaches to
their character degree offacrednefs, which be-
longs to no other clafs of men. Isit not ffranpe
mat 10 much confidence ihouId be repofcd in
any let of meno Ia II M, G,-,,t. ~. r "