The Alexandria herald. [volume] (Alexandria [Va.]) 1811-1826, 1822-06-21
CONTEMPT OF COURT.

From the New-YoTk National Advocate
The oppressive doctrine OF commits
ment for contempt OF court, has lately
derived degree of very painful inter
est, from the disposition of judges to rem
der II still more oppressive, and 10 stretch
and torture 1t in every possible method,
to enlarge their own power and enhance
their importance. In country of re.
publican character like this. where the
people are jealous of their rights, and
where, in general, they watch with scru.
tiny the conduct of men in authority, il
is somewhat strange that judges should
be allowed to exercise power SO com
pleteiy destructive of the fundamental
rights or the citizen, and so inconsistent
with the constitution and bill of rights
such, however, is the fact A system of
oppression, worthy only OF the meridian
OF ispahaD, ispractised amongst us,with.
out exciting the alarm or even the atten
| ton Of the citizen.
1t has been the boast OF the American,
that he depends tor the enjoyment of his
rights on the will of no man; and tina,
he is tree a. the air that he inhales, ex-
cept IN unimportant particulars, where
such freedom is totally incompatible with
a safe of society. But how idle is this
BOAST! According to the received OPT
Mons OF the law, it is in the power Of ma
ny public functionaries to trample on
these rights. He can be deprived Of his
liberty by the breath of a judge He can
be incarcera,cd in dungeon to crafty
the spite or malignity of pettyfogger
I"perched upon wooIsack" In the
whole range of the sanctuary of Justice,
all are despots. All arc supreme. All
are mighty Do they say, cast this man
into prison-even so is he imprisoned. -
DE they say keep him confined, until our
further pleasure be known, even SO is he
confined. DO they say conine him for
one, two, ten or twenty years, (such is the
monstrous system) even so he may be
confined. 1t will be said that public OPT.
Mon will protect men from such violence
But did public opinion alleviate the I'M
happy inmates of the Bastile (? Public
OPINION is, indeed, wretched security
against tyranny. Our forcfathers who
framed the constitution, Judged better.
If public opinion be thus omnipotent.
what is the constitution Mere yerbage :;
Tor 1t is OF no benefit it has nothing to
act upon But | am willing to admit that
no man will ever be imprisoned twenty
years. yet, does not the same law that
allows his detention for a month, allow il
for an age!
Contend that a'iudge has no legal
right 10 commit for contempt OF if he
have such right, that it ought to be abo-
lished.
The constitution declares that no man
shall be disfranchised, except by the
Judgment OF his peers, and the law of the
and Now there can be no method of
olstranchising a man so effectualIy, as
locking BIN up in prison; and this is
cone, nor by the Judgment of his peers,
out oy the mandate of an individual. Ii
IS SADLY some, that this power in Judge
OF contempt is not more dangerous than
NAT exercised by our police officers for
the security of criminal offenders. But
an observer will find vast distinction be-
tween the two cases. The. police ma
gistrates commit man charged with
crime, tor the safety of his person only,
ana the question of his guilt is reserved
tor the dellberation of jury. But the
justice imprlsons man as Punishment for
the offence supposed to be committed,
and ne is the sole Judge of his criminal
| ty. besides, he is an arbiter in his own
cause. he uniEeS in the same herson,
the cafGc'ties Of harry and Judge The
consequence of such power is obvious.
tie will often exercise it without sufficien,
cause, and he may also do il 10 CRAFTY
| private resentment and ancourous en-
nifty towards others.
The advocates of this system, however,
contend that although man i'm the case
OF alleged contempt he not tried by his
peers, yet, that his commitment is in
| perfect accordance with the law OF the
land. That the common law of England
| allows this right, and that our constitution
has recognized the common law. But
this recognition, saves and excerpts all
such>parts as are repugnaDt to the spirit
OF that constitution. 1t is Insisted that a
power so extensive as this, which gives
one individual IN the community, the abb
solute control and disposal of another, is
more repugnant to the spirit of the con-
stltution than any that can be conceived.
was the "Lettre dc Cachet Z" more for
mldable, than a warrant Of commitment
Tor contempt, can be made to be II may
seem III natured to compare these two in.
strumenis of despotism, but This idea is
founded on prejudice. The letter ode