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

bare Suggestion, ~ Meir .o,ci ano,r.tlgc
mEh"nt any appeal, ;nilrt,nrut or infur,na.
ion. 2dIy. such as can hr awarded only on SUIT,
accusatiuns ! aud then in sect. Isl, i,c says
- and fret, | shall consider the nature or u,
first OF these, which is generally called an
attachment, and is properly grantabi- IN eases
of contempts. against which, for In. mast part.
all courts Of record generally, hut mare rspe-
claiiy those Of Westminster Hall, and abov'
all The court ofking's Bench, may proceed in
summary manner according to their dscre-
ton.
And they happen To be done By "a per-
son present in court" there he does not say ia
the presence ar face of th. court, but by IA
person present ia COURT T" and appear either by
the confession Of the party, or "n his eraniina-
tson on oath, or by the uieio or observation Of
the judges themselves, the court may i,nmc-
dia,eiy record the crime, aud commi, the Of
fender, and also, inflict such further punishment,
as shall seem proper.
And II such offence be done by person moi
present tn court, and he complained oil by at
fda'ii, the court will either make rule upon
the party to attend at a certain day in order
10 answer the matter of complaint against
him, Or else will make a rule upon him 10 SHE W
cause why an attachment shsuld not be grant
Ell against him or elsa If the offence were of
very exorbitaDt nature, as Tor words VI con-
tempt Of The court itse!E will gran: an attach-
ment on the first complaint without any such
rule to shew cause"
He then goes on to speak in the S5th and
S6fh sects. of cOntempis committed in the
Jdee OF the court, and such as are committed
Otherwise, and says, sect. IS, "as to the second
particular, where persons are punishable in the
manner above mentioned, for cuntempts in
hp In ri. ,I~o k..u
persons are punishable in this manner, not on
ly for making an actual breach of the peace,
but for any heinous misJemeanor 10 the face
oil The court, as by giving, and also trining an
s"ers upon an examination in court, &c. or
by any cOntemptuOus behaviour towards any
Judge IN the face OF the court, as charging him
with injustice, and praying for an information
against him." sc.
Having THUS disposed Of the second partic-
ular concerning contenpts in the .Eace Of the
court, 10 the S6ih section he goes on to say
q" as TO the third particular, when persons are
punishable in the manner aforementioned for
contenptuous ioords, or writings, concerning
thu court, It seems needless 20 put any in
stance of this kind, which are generally obvi-
GUS TO common understandings, aud therefore,
l shall only observe that, son,etimes attach
ments have been granted for contemptuous
words concerning The rules of the court, tciih-
out making any rule to sbew cause, &c."
"Attscimenits sJscObs in his law dictionary
head att ichment) signifies To take or apprehend
by command of Urit or pree,pe. 1t differs
from an arrest, in that he that eth man.
carrieth him before a person Of higher power
to be disposed Of but he that attac bet II
ksepsth the party attached and presents him
IN court at TIE day appointed, &c. And for con
iempts. when the party appears, he must upon
ms oath answer interrogatories, &C."
Treating upon this subject, Black stone in the
of summary proceedings may be referred the
method immemorially used by the superior
courts Of Justice of Furnishing contempis by
attachments and the subsequent proceedings
thereon" The cOnteiDpts which are thus
punished are either direct, which openly Insult
or resist, the powers Of the courts, or tile per-
sons of the Judges Who preside there, or else
consequential, which without such gross inso-
lencs or direct opposition, plainly tend 10
create universal disregard of their authority"
and having given among other examples :;
those committed by attUrnies and solicitors
who are officers OF the respective courts, by
gross instances of fraud and corruption, iujus.
tIce 10 their clients or other dishonest prac
,lce, ne assigns The reason why .hey are 50
liable. For tsays he the malpracfices Of these
officers reflects some dishonuur upon their
employers, and il frequent and i,npuush
ed creates among the people disgust against
tne courts thenisels es.
And in pages 2S5, 286, 2S4 he saws. {. some
oil these contempls may arise in the Gace Of
The court, as by rude and cOntemptnous bc
hasOur, &c. Others in the absence of the
pariy,as by disobeying the kings writ, Sc. by
speaking ar writing contemporary of thu
court, orjudges, acting in their Judicial eupuci
", &C. And BY any thing, in Short. that de-
inoDstrates gross want Of that regard and
respect, which, when once courts of il,stic, are
deprived Of, their authority $50 necessary Gnr
the good order Of the kIngdom) is entrrIv
lost among the people,"
The process of attachment for these and
the like cOntempts, must necessarily he as an
Client as the laws themselves. For laws. with
out competent authority 10 secure their adj
hinisira''on rom disobedience and Contempt.
would be vain and nugatory. power there
lore, III me supreme Courts Of justice to sup
press sucn contempt by an immediate attach
mrDt results from the first prIucipIrs of ;nd;-
cial establishments, and must he an ,os.o.r..
BILE attendant upon every Superior Court ac-
cordiDgly We find II exercised, as eariy "a the
annals OF our laws extend"
Let me stop here for moment IN observ.
that, amongiihe crimes punishable By this pro.
cess, aud which may be committed in ,be
dbsence OF The parties, speaking or writing
Of the court, Or the Judges
acting IN Their Judicial capacny" are express.
~ included, aud that las it would seem) To pro
tect the meaning OF the authUr1rom the ms
si6llty OF being misunderstood, the word
y Judges" Is not only dIsjOined from The word
court by the Distinctive or, but by two incl,-
ding commas and To enquire If committed in