Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1825-05-20

that which is left open 10 every citizen an action or in
dictnent resort to personal orcen We are
inclined to thnk that it is great pity nay shocking
hardship, that Judge when his feelings are injured
should not have the unlimited power which is given TO
no ether Department. of dining and mprisoning the indi
vidual who dares to insult the majesty of the Common
wealth, all of which cencred in him and his a,,oci
ate brethren.
Every maxim and principle of law which we have
been taught TO aud hold sacred is violated bv
this execrable doctrine Contrary to every dictate of
common aud justice, the man who has spoken
the language of freeman, is, like cuprit arra.,ued
at the bar and compelled 70 answer such questions as
an exasperated Judge may deem proper to propound
should he confess the TACT he immediately sentenced
toimprsonment during pleasure for Contempt of Court
1t helrefuse to answer, he is to JAIL for Con
tempt of Court and there only one possible mode of
escaping ana that is by committing perjury; and
tins will not always avail him. But even these are not
the most detestable provisions of this ia,D. Tho ac-
cused deprived of his trial by jury, privilege to
winch he is entitled, in crimes of the most afro
cious kind The spirit of free institutions is out
ragged oy taking away this right, aud establishing, a
mode OF trial held in abhorrenc alike by reason and
justice for the who considers himself is
'he witness, accuser, and Judge. He is invested
with the alarming and Tremendous power of filming an
INDIVIDUAL to an indefinite amount and of sentencing
'' 10 imprisonment for an indefinite period. The law
e''ef CHECKS nor controls him in its exercise While
almost every nature of offence, of the most tripc
nature Is distinctly defined, and the punishment TO be
INDICTED clearly pointed out this is the only one known
u our law for which, by the Judgment of single
pefSo' perhaps secret enemy, actuated by private
Pque' or personal resentment, for Judges are not
emPt from the frailties of humanity citizen NAV be
reduced, with his family, BY his stern and inner;ous
mandate, from afluence to beggary and NAV he i'm
INJURED within the walls of a duupeen for tl,e ro,,;
der of his life
The fact u.s. that the decision ofthe General Court vas
grounded entirely upon loose and ambiguous
SION OF blackstone who in treating of the subject of con-
tenpts, observes that TO speak conemptuousIv of The
Courto Judges in their judicial capacity nby which he
evidently intended, the Judges not out of Court Gin
oea or asleep but in the actual execution of their Judi
c'ai duties, as Hawkins States for neither of the learned
Judges VINO delivered an opinion in the case of Mr. Dam
ofiuSe could ind one single sustain the idea
mat wiring or speaking conempuousIy of hen opin
ION of Judge mot in the face of the Court an of
fence punishable at common law as a CONTEMPT
These remarks were intended by us to be introduce
tory to the proceedings of the Chancery Court in the
case OF Syme Swami and Others but the publication
OF the record as promised our last has been un
aVoldabiy postponed. In that case the law and the
jacfs unquesonably justified the Chancellor in inhct
ing tie seVerest punishment upon tnse who had tram
pied on his authority and the process of his Court at
Defiance and our observations not made with view
OF bearing particularly any case, merely to arouse
the attention of the public TO doctrine that should be
Immediately overruled by the General Assembly.