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


Fhst-in a Black. Comm. sss, that writer
says, Inc contempts that are thus punished
are either direct, which openly insult ar resist
the powers of the courts or The persons of me
judges trho preside, &C." and in pay. z85. in
enuineratinS the cOntenipts which degrade
the Judicial authority lie refers to ONE. WHICH
consists 'in speaking or writing con,.mptu-
ously Ofthe court, or judges acting in their ill.,
dical capacity" Fer. the purpose Ut support
Ing the opinion that it is the dignity Of the
ideal being called court, as separate and dis
llnct from the judges who compose il, il is in
sisted that in these two clauses the words
Judges" are introduced for the mere purpose
OF illustrating the authors meaning. In the use
OF the word Court" cannot receive this
construction. 1t Is not only not sustained by
the context Ot the sentence, but is an explana-
tion SD wholly futile and unne cessary, AS not
| To be- attributed To that able and uerspicuv,ls
writer. Why tell his readers, in his fourth vol
ume, after the ample exposition Of the courts
contained In his third, that by the word Court
they were to unds rstand him to mean Judges.
acting 'nther judicial capacity Ii is obvious
TO me that IN the first sentence the author
Meani to take the distinction between d disre
siect at the constitutional Poioers of the court,
anu personal disrespect Uf the judges there
sitting !: aud in the second, that the object was
Ia discriminate between contempt Of the
judges actually holding a court and a con-
tempt 1.-THE same persons n hist discharging
judicial duties apperiaining to their uffc,ai
characIe r Though not to be performed in court
nf when there are many not necessary tn b-
here enumerated. am So well satisfied that
thus is the way IN which Blackstone is to be
understood, thai shall forbear to re- mark on
the obvious consequence Of establishing the
construction urged ny the deirnda nt's counsel
which would produce complete identified
tiOn of the persons of the Judges with the
courts, SO as to make conie,up.s of thu one
or the other perfectly con, -rtibie According
| to my construction vi Blackstone, the persons
oil The Judges in or out OF court, y hen acting
~ their Judicial capacity clearly pr.v,I. <, NJ
Why? Not because the indignMy ubstructs
tne course OF justice that is rrfetai,le To ano-
ther head and is not assigned as tn. l..son
by Blackstone; but because. Ito use his owl
words)"n demonstrates gross want of that
r gard and respect which, when once courts
Of justice are deprived of, thei, authority $50
necessary Tor the good Of the Kingdom) 10 EN-
tirely lost among the people," Nor IN inns
particular, ard for this end, is il al the least
Importance whether the contuinely is as-d IN
open court, al the moment when The ucca-
sion occurs, ar the moment afterw ards, 81 men
the cryer has proclaimed the adjournment, AS
the judge desctnds the steps of The hencn, or
those at the courthouse door. The only real
question IN either case is, neither II IL his ntii-
cal conduct for which he is chaiieug, q aud IN
suited IL was, however, very necessary Tor
the defendant to draw this Distinction, Tor
which his counsel has commended, il possible
because II was fOreseen, that There Was nu
REASON for projecting from insult thr person
OF the Judge IN court, on accOun, vi ms Official
conduct when DID not equally Apply To u
protection out of court on the same account. II
would have been shifting The gr"u,.d to mann
tam that insult IN coxri as punishable because
II Interrupted the business Ut the court, because
besides It's sometimps bring Of slch sort as
not To produce this rtf"ct-it Is aways.refer-
rabe, 10 that aspect, IL another head vi attach
ment, viz that for ObstI acting the powe of
the court.
Secondly. We are told that no reported
case can be tound IN the books, which, stistains
the idea of this being a contempt punishable
by attachment. My own researches have in
deed been rs fruitI.ss as those of the coun-
sci. whist this power has been freely and
frequently exercised by the courts ia defence
OF their extreme limits, We have no case on
record where IL has been drawn out 10 rppeI
an attack on the citadel itself. l cannot even
find more than single reported case (Harri-
sons case reported, Gro. Cas- III which It has
been exercised for the punishment of gross
insult sn fIcie curiG sedentis. 1t WAS obvious
ceedings-it was posuiat- which his feelings
suggested, without reference tU his Judgment,
that 10 this latter case, such power must be-
long to the courts; and accordingly, in the ar
cument, that pow CT has Hoi been que STONED.
AID, yet repeat, that II IS not supported by
more than single reported case, hut depends
upon the same PRINCIPLES from which is dedu-
ced the power claimed by In. superior court
OF James City IN the case before lis, ana is,ac-
cOrdDg to my construction Of Blackstone, to
be found in the same elementary writer, who
has drawn together in The most condensed
and perspicuOus manner, the scattered auihori-
ties upon this head. AT most, this is d mega
tive al sunent; from the general force Of IS men
where The p,:ac,Pte is doubtful, It is not my
purpose to detract. But where The principle
is clear, and the cases are l'"uer"us, In whlcn
that principle has been sustained ana lniorcsd
even by Inference and deducti0D, and hos heen
made operative by mere relation, it seems u !,
logical to deny its direct and immediate sp.
plIcaon because no case in point is to be
found. When find the courts protecting
their authority by Furnishing those who treat
VIII dlsrespect Their process, rules aud orders,
altbO' that disresprct shall consist in merely
using light or eontemptuous expressions of
them when see them committing those who
undertake to publish accounts of, or structures
or cases depending before them, as in the ease
in Alklns-when see them furnishing one,
W no has questioned juror for his verdict or a
witness Tor his testimony. enquire why
this has been done | find in the case of the
process, &c. that 1t was AS sffectual for lis end
anu purpose, though spoken Of Oniemptuous