Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1824-06-25

"6S III. tic LOrO GnanceiOf says. XII
is insisted that the following words (part Of the
words complained of are not contempt of
inns court, because here is no misIep-esenta-
sIon oitacis, and the court spoken of with great
r"spect. Aud 'odeed it is very true, but then
'n's Is colourahie only, and such colours shall
ntvtr impose upon the court"
:. There are three kinds Of contempt, one
kind oi contempt Is by scandalizing the court
Itself. There may likewise he a contempt OF
tnls court, IN abusing pai ties who are concern
ell III causes here. There,,nay, also be con-
tempt Of this court by prejudicing mankind
against persons, before the cause is heard"
In the case Respu6fico verses Oswald. Dial.
las 3lo. Chief Justice Mexican says, As a
ground for granting the attachment, it Is prov
ed, that an action for libel had been institu-
ted Va this court in which Andrew Browne il
the plaintiff and EIeazar Oswald is the defen-
dant. That y Question with respect To bail in
that action, had heen agitsted before one of
the judges, from whose order dischar siny the
defendant ON common bail, the plaintiff had
appealed 10 the court, and that Oswald's adj
dress to the pubic, which is the immediate
subject Of complaint, relates TO the action thus
depending before u.s."
" The counsel in support Of their motion,
have argued, that this address was intended To
prejudice the public mind upon the merits of
the cause, by pTopogating an opinion that
broione was the Instrument of party TO per-
secute and destroy the defendant that he act
ed under the particular influence OF DR.. Rush,
whose brother Is a Judge of this court and in
short, that from The ancient prejuuices of all
the Judges, the defendant did not stand a
chance Ut a fair trial"
" Assertions and imputations Of this kind
are certainly calculated To defea; and dis
credit the administration Of Justice. Let US
therefore inquire, first, whether they ought to
be considered as a contempt of The courf, and
secondly whether, IL so, the offender is pun
ishabie by attachment" After some very
strong and just observe ti0ns on the liberty nf
the press, he goes on, in pages 5c5, 326, Sa7
10 say; there can be little doubt, that he, VINO
attempts to raise prejudice against his
antagonist, in the minds Of those that must
ultimately determine the dispute between
them who for that purpose represents him
sell as prosecuted man, and asserts that his
Judges are influenced by passion aud prejudice.
Artiuily seeks to corrupt the source, and to
dishonour the administration, Of justice."
such Is constantly the object and tendency
OF Mr.. Oswald's address to the public nor
can that artifice prevail which insinuates that
the decision Of this court will be the effect Of
personal resentment for if il could, every
man might evade the punishment due To- his
offences, by first pouring torrent of abuse on
ms judges, and then asserting that they act
from passion, because their treatment has
been such as would naturally excite resent
ment in the human dispositions" and then,
after glancing at tho high sanctions which the
law has prepared to ensure the impartialily OF
the judges, he proceeds to declare that the
court was unanimously of opinion that the
publication IN question amounted to con-
tempt, and further that it was punishable
by attachment; upon the latter point he
observes, being a contempt, il il is not
punished immediately, how shall the mis-
chief be corrected Leave it to the custom
airy forms of trial by ajury, and the cause
may be long in suspense, While the party per
srseres in his misconduct The injurious
consequences might then bejustIy imputed TO
the court, for refusing to exercise their legal
Poi0er in promoting iheni."
by these authorities the following princi-
pies seem 10 be clearly and unquestiOnably es-
tabliShed.- '---s.- re- -'---'--
ITO be concluded 10 our nexLI
Among the other decisions of the late Ge-
neral Court, was one in the case of Aldridge,
Tree man OF colour, tried before Judge
BrockenbrOugh, for Grand Larceny-Ths
punishment TO which he had been sentenced
under the law was, 10 receive 80 lashes, and ~
be sold as slave and transported beyond the
limits Ut the U. s. He appealed to the Gen
erai Court, upon several grounds--and among
these, to the law c0ndernning him to be sold,
as being unconstitutional and therefore roid.
His case was argued before the e. G.. but they
decided, that there was no error in the pro-
cetdlDgs of the court below, and therefore
over. ruled his motion.
In the case Oh the Commonwealth VS..
Booth, brought from the Superior Court of
Petersburg, for unlawfnlIy and violently MAX
Ing an assault upon negro slave whom he
hired, the question went of upon some other
pOInt--and not upon the right to punish the
slave, or the lengths to which the punishment
may be carried. The court say, they shall
be prepared to enter up this question with
due sense of its importance whenever proper
occasion arises" They ordered upon the 9TH
er point that judgment on the said special
verdict ought to be entered for the defend.
ant"
FOR THE ENQUIRER.
To James Monroe Esq President Of u. States.
shall offer 10 apology for the right am
about to exercise, in addressing you as the
Chief Magistrate of the nation. 1t is one of|
the proud privileges Of Freemen to ceusure
or applaud the conduct of those who are an.
pointed to administer their pubic AFFAIRS
This right which belongs To me in common
with others. shall, on all proper occasions.
freely and fearlessly exercise.
AS have not, nor ever had, the least am
biton to be honored by marks Of your distinct
lion and favor holding no Office, civil or mill.
tary, under you having no particular intimacy
or friendship with the leaders Of any party, in
esse or posse, am without motive either for
naf flru N 10 afs