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

ence to the cases, which have an indirect hear
ing on the present question, distinction is at
tempted, for which can find neither reason or
authority. 1t is said that the attaching pow
er may be exercised for contempts touching
the prospective conduct of the judge, but, not
ior such as touch his past conduct. In reason
see but one pretence for this distinction
threats and menaces Of insult or injury To a
Judge, IN case he shall render a certain iudg-
nient may be considered as impaiiipg his
Independence and impartiality in the parlicu-
lar case to which the threats refer. And il the
power OF punishment stop here, a curious
consequence may ensue. man may he at
tached for threatening to do that for which he
could not he attached, " hen actually DONE
One says ola judge" IL he rendera certain
Judgment against me, / will insult or beat
him." For this he may be a,tachrd-But. il
the judgment having been. rendered. the in
SUIT De actually offered, an attachment no lon
ger lies because the contempt is in relation
10 The past conduct Of the judge aud 10 case
no longer pending. A recurrence to original
principles, the only true test, by demonstrate
ing that the weight, authority, and ndepen-
dence OF The Court may be equally assail.d Ell
ther way, will prove that this distinction il.
merely IDEAL.
But ,hmdly-itis said that there have been
occasions IN England for the exercise of this
power IL existed, aud Junius's letters to Lord
Mansfield are cited and an al guinent against
the existence Ot the power is deduced from
Inc non-u,e Of II On that occasion. Without
u"nbt these letters strongly implica'e aud ar
ra'gn ihe integrity OF Lord Mansfield in his
Judicial character. Ii the power did exist,
that would seem To have been case, in hich
It might have been exert.d. There can be
as hlti--d"ubt, that it was case i'm (which, in
that country, the publisher might have been
prosecuted for a libel. These very letters were
denounced IN the House of Lords as libel
IN lh- Judges; and yet no information for a
Tibet was ever moved. Would this fact BIZ cit
ed as an evidence that on letters of a like cha
ractrr an inflammation for libel could not be
maintained: All negative proof nf this deserip-
ton should be cautiously receive d !; il may be
admit'e ell I" explain, bui not To o, rrrul. priu-
c,ples. This celebrated writer in a letter TO
Wilkes said, 4" Ii is not that prpcedents have a.
ny weight with me in opposition TO prn ci-
PIES" What would he have said To the rropo-
s'l'on that principles should have. no wep ht.
because preccdsBis could not be found To sun.
port them 1t is not possible to prunouDce
with certainly at this time on the motives
winch may have induced forh.atance on the
part OF Lord Mansfield on the occasion lust al.
iud"d TO. considerations of "a political, nature
we're probably at the bottom Of n-Vrry
strong reasons are 10 bp found in the contem.
poranrous speeches in both HOUSES of Par
lament. In these il was not pretended Thar
Junius had kept " Thin the pale of the law~A
But ito The sriri; Of The times and not to the
justice of his Cause" Il quote the words of
some ct these speeChrs) WAS 1t said thar the
:" lghty boar of the forest had broken through
the cobwrbs Ofthe law and ranged uncon,roul-
ed and unpublished through the landn fSee
Inc speeches of Lid North and Mr.. Burke)--
IL would be strange indeed for this court to as
sumo as the true Cause of the inaction of the
courts on that OCCASION, amongst the many to
whIch II might be traced, one, which il I'M
ders'ands {" be in conflict with those great o.
rIginal principles which are co-eval, aud must ,
br c"-exlstent, with the administration Of JUS.
tce every where; The poioer 10 protect Itself.
The necessity ofthis power in all the branch
rs al Popular Government has been generally
aum'ti'd. Where IL is not inherent, il has
been conferred. 1t is said upon high autbori-
ty (s.e The Federalist No. rs pa. S97.) 10 have
hten the primary inducemeni" to confer-
rhg on the President OF the United States the
qu'hied negative un the acts and resolutions
at ihc two houses of Congress. II is the
principle Of that clause 10 The 9th section and
first article of the Constitution Of the United
States, which protects The Senators and Re-
pr senfatn.s from being qu.s STONED in any
other place for any speech or debate in elthr
house." end Of q like provision in our own
State laws. see 4. Rev. Code 1874. Sects.
-, 50 81, with respect to the members of the
General Assembly of this State. To The same
source are Ia be traced the cases which have
settled, that Judge acting within The scope
81 bIs jurisdiction shall not be called ON L. an
swer for his judgment, except by Impeach-
"rn'' nowsoever erroneous, malicious, or even
corrupt II may have bren--Fioyd W.. Baker Is
70. Kep. 23- GroeD,eIt vs., Burweil /. I'D
Raym. 454- hliller IS. Scare Black Rrp.
il4l-Johnson vs. Sutton 4. II. II. 5iS--
Yates VS.. Lansing 5. Johns. s8S-Aier VI.
Srdg"ick Rclt Rep. 1872 Hammond vs..
Howell |. Mod 1912 Mod. 2l8. The Lam
guaSe OF j. Kent IN the case Of Yates ys
Lansing is worthy Of being quoted on the
present occasion. In the conclusion of his
elaborate and able opinion in that case the
Oh. Justice said" Whenever we subject the
established Courts of the land to the drgrsda-
ton OF private prosecution, we subdue their
Independence and destroy their authority
Instes:c1s u being venerable before the public
they becoin; contemplate; and we thereby
embolden the lice. ..dOus to trampie upon G.
very thing sacred in SocieiS, aud to ove'turn
those institutions, which have heretofore
been deemed the best guardians of civil nS-fs
~" Sergeant Hawkins in his pleas o. the
crown b ], ch. z, pa. 9, IN stating the same
proposition in very broad terms, amongst other
reasons Tor it assigns the following that If they
were thus responsible " it would he imposs-
bic for them to keep up in the people that We
neratiOn Of their persons and submission TO
their judgments. without " hlch il is impossible
to execute the laws with yigour and efT.ct.p
/ shall not stop to inquire whether this dcgra-