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

mrnis Of another hemisphere, but solely for
the purpose Of giving them their due weight
and authority, aud To enable those who ad
minister them. To discharge their functions
with impar,iality, fidelity and effect. This is
the true test of every privilege, not granted
by Statute, and IS the spirit OF every one, not
merely pr,at) which is So secured. The
political character of the judiciary, and the
tendency OF the duties which are devolve,l
upon it, have rendered it necessary to in
vest il with consider able share Of these
privileges. II is ccnfessediy the weakest
branch of all governments WELDING neither
wealth, force nor patronage. Its duties con-
sisl in adjusting and settling the contested
tight Of individuals, in controlling their tur-
bulencr, and Furnishing their crimes. These
duties are often OF a severe and rigorous cha
racter; and they are generally to he dis
charged IN almost immediate contact with
those, an whom they act their exercise will
frequently elicit the angry passions, or excite
unworthy and sinister attempts to bias or aver,
their operation: and where there is little real
power, and no patronage, certain degree Of
external dignity may have been considered
necessary To supersrde n too frequent resort
10 the actual powers Of the courts.
10 these principles is to be found the basis
ofthe whole doctrine Of attachment for con-
tsmp,s. To the first Of them (that of giving
efficacy To the ordinary powers Of the couris)
are referable attachments Of inferior Judges
and magistrate, for cOntempts in acting un
justly, "ppressyely or irregularly in their Off
crs, or in tlsObeyipg the writs issuing from the
Superior Courts to them such as writs Of
Prohibition, Certiorari, Dlandam,,s, sc. Vide
k"bie 4S4, 9, Mod. 90. So those committed
by Sheriff., Bailiifs Sc. Il. Hawk. P. e.. ISL.
Burrow. 8sa, 97.)-Those committed by
witnesses, jurymen aud parties (Baines 80, So
Stra. 1894. These committed by attorneys
and other officers Ofihe courts-9 Hawk. p. T..
"A, Ia Baines 90, S1.)-And to iii. second
head ali that large class of cnntempts, which are
summed up by Blackstone as demonstrati" .
gross want of that regard and respect, which
when once courts Of justice are deprived oftheir
authority ESQ necessary for the good order of
the kingdOm) is intirey lost among the PEG
pie" H. Black. Comm. 286.) The enumera-
ton Of the cases coming under this latter head
IF contempts, would answer little other pur-
pose than to illustrate the great extent of the
xercsc Ofthe power of attachment in EOg
and Contempt in using rude and Offrnsive
language in the face Of the court. tCro. Gas.
505.)-Obstinacy, per,ersenpss or prevarica-
ton, breach VI the peace or wlful dst,iI bance
In court Is. Inst. al, 14a.)-tr.ating with
GENUINELY or dsresprct the writs, process,
rules, and orders Ofthe cOurts-(Sira. 1856, 557,
567, 1885, J. perverting them tn the purposes
of malice, extortiOn or injustice-speaklngo or
writing CONTEMPORARY Of the courtNor
Judges acting IN their judicial capaciiy.-t4.
B!ackstOne's Comm. 285. )-Printng false ac-
counts, SIC. of causes pending in judgement
Cd. Atkins 469. And many others which
might be cited. The following which seen,
TO consist in the breach ola necessary pri, iIege
are in spirit so analogous To the case in hand,
hat II ahnlI hx. fx-
enumeration, at the sac1e time that it Nil be
unnecessary to waste time in drawing the
parallel. Sir William Blackstone in q. Comm.
l26. says, Z" Likewise all those who are guilty.
0f aoy Injurious treatment to such as are un-
der the immediate protection of a court of
justice, are punishable by fine and imprisun.
ment; as If a man assaults or threatens his
adversary for SUING hin-a counsellor or
attorney for being employed against him-a
juror Tor his vetdict-or gaoer or other min
Isterial officer for keeping him in custody and
properly exercising his duty; which offences,
when they proceeded further than bare threats.
were punished ia the Gothic constitutions
with exile and forfeiture Of goods" To these
may be further added case in 1 wilson, rs
where AN attachment was awarded to one
Redmau for threatening the prosecutor in an
indictment for a misdeneanor with danger Of
his life, aud saying to him. that he would be
hanged.
In the whole of this second class Of con-
tenpts, do not recognize single case, which
does not derive its authority, either from the
idea, remote or proximate, Of its being disre-
spec full to, or in derogation ofthe dignity of the
courts, or from that power Of self protection
which is necessarily inherent in judicial iDsti
tutions. An ideal, imaginary being without
.0rT, substance OF locality, needs no prntec-
ton from penal sanctions A court separated
from the persons who compose il, is of this
description. A sensible writer has said that
+" the .arns, nation, State, community, are
words only: they do not denote any thing
separate from the individual members whose
aggregation and assoc! iation has received these
names" The like may be euirmed of cour,
of justice. When, therefore, va ind attach
nlents issuing for light and CONTRIBUTIONS
words used in reference to the writs, process,
rules and orders of the courts, it is not because
the efficacy of the writ, process, rule or order
is impaired by such contumeiy, nor that the
abstract, ideal, invisible judicial institution
called court, is injured but that the digoi.
ty and author ty Of the officers, in whom this
ideal being is realized and personifed, is sunk
and degraded. II is that the impunity of such
conduct may deprive these institutions of the
aid public opinion in carrying into effect
their ordinances, and render a resort to force
In all cases necessary. A condition, in which
it is probable, that no Judicial system could
long exist.
Nor can il be thought more necessary -
defend the outwOrks and barriers of the judicial
authority, in order to give the fullest effects
to It's legitimate acts, than to protect the sys-
tenn Itspf froro that which ono OIL a..