Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1826-06-09
STRANGE DOCTRINE,
FROM THE LOUISVILLE PUBLIC ADVERTISER.
c. ROOSEV ELT.

Judge Peck, Of NiSsouri.-This gemeInan as Judge of
The District Court of the United States for the District Of
Missouri has recently been guilty OF act SO oppre
ana unauino'zed' that we deem proper
pass uunotced.
1t appears that the decision Of Judge Peck in the case
Of tie heirs of .ij,tOine S0q7d VS. NE L.A Siaicx was
published with the CONSENT by order of the Jqp in
the Missouri Republican, of the SOth of March last and
a wiiter over the signature OF "7 Ciise2" who belle
re Inc Coci'nn decree erroneous in va rcus
symptoms Of TACT, we'll several legal points under
Took in style perfectly calm respectful to pont out
Nose errors The article signed "a Citizen was publish
Ell IN tie Missouri Advocate, of 9Th April and out of
term time On the 10Th Apr being the first tiay of the
session r" the District Court in ST. Louis rule was served
on Tue Editor OF the Advocate by the deputy Marshall
quninS Ann TO sh6W cause, the following day, at
clock, why an attachment should issue against him
"' contempt OF the Court, in publishing the said false
statement tending To bring odium the Court, &C. The
hdit" appeared by his Counsel and very properly
tended
'Tha tic Judge had jurisdiction of the matter, as
contempt
"That, in point fact (admittinr the iurs;ctopN tho
publication of the article contempt, nasmuch as
the article Itself was correct exposition of POSITIONS
lhe they erroneous coec thertin ascribed to the
judge and the language ana tone of it perfectly deco
The recude of these positions denied and the iu-
ySilction asserted by Judge md the Editor was .,ar
ed III custody nn with the of the writer OF "A
Citizen hc gave up hi. name, OATH to the Judge Mr.
Foreman was then discharged, and rule was made OUT
against Mr. LIKE E. LatrieSs, (vhose name had been pv
en- up oy the tdIor) requiring him to appear forthwith ITO
shew cause why attachment should not be issued
him. for the false and malicious in the said pub
LEGATION hv he should no, he s,sncnded
from practising in this Court as an Attorney and
lor a, law, for the said contempt evil inteut'
On his appearance before the Court, Mr.. Lawess was
most STdcoHSy Inormrd shat il his privilege to
swer mterogaoTes which would be put him at his re-
quest He expressed his unwngness to beg his honor to
nterogate him, as well as M determination to answer
such questions as might be pronounced To him.
Mr. Lawess 'hen denied the Jurisdiction of the Court
to punish in such for a contempt either nv fine
or inpsonment and s less by suspension from practice
b lle Al rod thar ,o
not contempuouS; dnd that was fair statement of the
doctrines assumed by the Court the final decree in ques-
ton
His honor Judge Peck, sitting what may be properv
termed his own then took granted that Mir W.
less was gull "of publishing false aud nacious statements
with erH intent Ac declared the rule absolute, aud made
the following order:
~ States vs. h. Il. LaCless-The defendant in this
case having refused to answer the 5crogaOries and la
wing persisted IN the contcmp 1t is ordered, adjud:ed nd
considered tdt the SAID defendant be TO prison
for twentylour hours and suspended from nra ctisug
an Attorney or Counsellor at law this Court eighteen
calendar months from this date" Mr. Lawess was ac-
coTdingy committed to Jail but ed the me
ing under whit Of hdJe0S COrDus issued by the Judr.
(Sfewar OF the ST. Louis Circuit Court; because ION ex
aiming the OFGcr OF commitment, found to be a
n"ty having neither the seal nor The Signature of Judge
Peck.
We have perused the Article signed a Citizen with at
teni'n d"d e account OF the proceedings Judge Peck
with establishment and Indignation. The article written Inv
MI Law!eas IS ~ cnce temperate and dccnroms: nd it an
pears manifest from the face Of it, that lis only sin was
NE effort on lbs part, to point out sucCinct and mod
es' manner 1a u: believed to DE the positions
III the decision Of the Judge.
The decision, let II be remembered, was published with
the consents Ivy the order Of Judge The case was
hnaiy disposed of Ia Court, and Mr. awless was there
oc' neer guilty n an attempt to bias ntimi,ate the
JUDGE nor TO alice, the opinion OF the Court the case
iered to- II Mr. IaWess had been guilty of an aemoi tn
argue the case of SouIrds heirs the United States in
public pu', before finally determined bv the Court
aud the decree Itself Converted bv the Assem-, cr order of tho
Judge iuo public newspaper article ne might have been
appropriately auaignCd for CONTEMPT of Court B,tt.
such was not the fact The decree becu published; il
was public property subject be eel, examined nd IA IT,
~ 'nyesgAttd II was tie decision, or act Of public
servant in mP>'taut case, and any citizen had an TN
to expose what I've believed to be its faces, absurdes
of S ccIptpg tendencies being only responsible To- the
tribunals % Ds country for the frU Of the statements
allegations made the subject.
IL the pubcaon of Mr. Lawless was false a nd ,u0ljci
as was not competent for Judge Peck So 10 pronounce
~ IL MI ia"iesS ftbsHed tie Judge, tribunal short 81
jury u us peers was competent pronounce, sentence
upon nm JLase Peck, seems has decided 5iffercnt
nhs Owu case he has the authority Of judge md
luy gratuousy and IN the absence any thing like tes-
umony p""ounces Tie publication hbeO Calse and ma
ncoul aud proceeds punish the writer bv irprison-
incH and Suspension from practice unauthorized
ana outrageous act we believe, dsgraced an AmeI-
can Juhg" citizen subStdu1llv CHARGED with fte tl-
cdtion OF Ab is deprived Of liberty and suspended from
practice. without hcdriug-aud without being allowed
me privilege OF Sustantating his statements by Witnesses
or tue right o. urI by iury
The doctrine o Judge Peck amounts to an official decs
ration ai hS DEGREES Only be obeved but that
"''n n''N"e no "a" has right question the wisdom
'sH"iy 2' p'"peJ o. t1,ra tnut % person. expf, si,o
~! "' P" Tie te'"oe IS orc o ieefces. vietbef one
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