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

In the early anndis VI JuTtSPTuuVhcc W
those countries from which the spirit OF our
own laws is derived, a careful preservation III
the courts Of Justice from the indignities and
injuries Of the violent and lawiess, may be
frequently remarked. The vigour of the
Gothic constitutions in this particular has been
before mentioned. BY the antient common
law, before the Roman conquest, striking in
the Kings courts Of justice, or drawing u
sword therein, was capital felony, "a. Black.
Comm. 1867 By an old English statute,
which is still ia existence, though obsolete in
practice, stroke, or blow in such court Of
Justice, whether blood be drawn or not, or
even asssulting judge, sitting in the court,
by drawing weapon, without any blow
struck, is punishable with the loss Of the right
hand, imprisonment for life, and forfeiture Of
goods and chattels and of the profits Of the
offenders lands during his life. (Ib.) By stat.
10. Ed. S-striking juror in the presence Of
the court, was made punishable With the loss
of the right hand, and perpetual imprisonment
--(Finch's Com. Law pa. 1917 In the reign
of Charles Isl, man was fined $4,000 Ian e.
nermous sum in those days,) was made to 60
to all the courts in Westminster Hall with a
paper on his head shelving his offence, and
make his submission to them, and finally Was
ordered to be imprisoned during the Kings
pleasure, for going into the Court oil Com
mon Pleas while in session, and saying,
charge Justice HuttOn'' one Of the Judges,
"with High Treason" Aud we have before
seen that men have been fined and imprIson-
ed for assauIting OF menaclng their adverse
ries for suing ihcm--the counsel or attorney
for bringing the suit-the witness for his tes-
timony-the juror for his verdict, aud even
the gaoler for keeping him in custody.
With this array before our eyes, can 1t be
credited that it should be SO highly penal to
assault or abuse Judge in court for his judi
Ciai proceedings, and no offence to do the same
thing To him the mOmen' after his leaving the
bench, on account nf the same prOvOcation
Can it be considered a matter of SO nuch
consequence to protect the person OF the suit
or, the lawyer, the witness, the juror and gaol-
er, and of none to defend the judge? Not
that mean to arrogate any higher personal
privilege for tue judge than for the humblest
of these: but because il is obvious, that the
principle which suggests the necessity of pro-
tecting them, rises with the grade at tile OH
Ger; aud that the ma esty ot the laws may be
more degraded in the person Of the highest,
than OF the lowest officer intrusted with their
administration. As 10 the practical operation
and fleet Of these principles, II seems To me
that whilst the power, II conceded, will be
guarded from abuse by the constitutional res
possibility of the judge, and the inhu nee OF
public opinion. next tU the warnings Of his own
cunsc'enCs, the strongest Of ali restraints, and
one which increases with the dignity Of his
station and the elevation of his chai acter in
public estimatinn,) that the other hand, il
il be denied, the Independence OF the bench
will be viiaIly wounded its weight and infu-
cnce diminished the occasions and facilities
OF detraction and insult multiplied aud in the
end, the sound admiuistI alton of justice made
TO depend, not less on The strength Of nerve
aud personal irmness ut the Judge, than on
his learning, wisdom, and integrity.
The result is, that IN 10Y opinion the defeD-
dant has been guilty of a contempt for which
an attachment might have been issued. Upon
this attachment he is OF course liable Ia fine
and imprisonment, unless upon the DtrrrOga-
tories IT, be propounded 10 him, he shall purge
himselfofthe contempt and ifthe ipterrOgato
sies already answered by him are to BIZ re-
garded az if prop0undrd upon an attachment,
4 should have no hesitation in answer ing the |
third point submitted 10 this court in the Desa-
tive. But this involves inquiry into the pro |
per mode Of proceeding ia this case, AS sub |
United 10 tins court by the Superior Court of
James City in the second question upon this |
reco d.
Ia the view which have taken of the Grst /
question presented Tor our consideration, II 10 |
apparent thct nave not regarded the Insult
to the Judge as IL contempt Ut the Superior
Court then holden for the county Of James
City. The case of the commonwealth W..
Stuart and others, ID this court, has decided
that IN the ntert ais Of adjournment during the
term, the court Is not to b. regarded as SIT
Ting, so rs to subject on. tO lhn process Of at
tachmept for SUCH conduct 10 the judge, az
would have amounted to contempt during
The actual sitting of the court. And alihu' in |
the case AT Bar, the hour, to which the court
had adjourned, might have actually arrived,
yet as the judge had NOS gone upon the bench,
nor even entered the courthouse, the court can
not be considered as having been then open.
II was, theI efore, either contempt Of The
Superior Court Of James City, in relation 10
the previous term when tue Judgment was
rendered, on account Of his remarks in pro.
nouocng which, the judge WAS nsult.d, las in
The case Of an indignity offered in the ,acs
uon to one Of the. jurors whom gbt have render
ed the verdict in the Cause, which must have
oeen proceeded against a, the September Term
as Tor contempt Of the court at the proceed
ing term or IL was a contempt Ut court IN the |
person OF the judge for, and on account, Of his
judicial proceedings. The positions are proba-
oly COW erIblr ; be it rs it may, for the pur
pose OF this question either view sulficcs. In |
neither can the proceeding be- had,a Tor II con |
Tempt IN the face Of the court actually sitting. |
IN such case the proper course is. at once to
r"nsh the offender by fine or imprisonment,
or both Tue process of attachment has no
Other object thab ca bring the party into court.
abb Comm. as7) TIL. lis actual presence
Tenders useless and there can ne oc n''d OF
'nterrogat0ries to ascertain that whicj mas PC
Cured in open court. Where the cOmemps
mas not been committed 10 open court, the