Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1830-12-29

ceed In this trial.
Mr.. Meredith, one of the counsel for
the respondent, desired that the Witness
es summoned in his behalf might be call
ed.
The marshal accordingly called over
their names. Some Of them did not an
swer.
Mr.. Meredith observed, that three of
the material witnesses for the respondent
were not present. We are, said he, not
withstanding, ready to 90 to trial.
MIR. McDutiie rose to open the case
for the prosecution. He maintains that
Judge Peck had been guilty of an illegal
and tyrannical usurpation Of power; that
no contempt had been committed by mr..
Lawless; that the common law of Eng
land, as such, under which the Judge
had punished him, was unknown to the
judicial tribunals Of the United States,
except as rules of proceeding and action,
that no punishment could be inflicted for
contempts committed any where but in
the face of the court, or in the immedi-
ate and direct obstruction of the regular
and fair administration of Justice; that
according to the law of England, as laid
down by her elementary writer's, judi
cial opinion is a fair subject of discussion,
animadversion; that the power to punish
for contempt, and even in cases of ne
cessity, was dcspotic power; an anom-
ally in our government; dangerous, found
ed upon the tyrant's plea, utterly incom-
! mn ln NJ ~ ch
be exercised but under the pressure of
necessity, to prevent interference in the
administration of ustice; and that the
act of Judge Peck was the very illustra-
ton of dospotism. lie made the law,
fixed the punishment, and carried it into
effect, at the same time. MIR. Med.
continued to address the court until three
o'clock Before he concluded his
speech
The court, on motion Of mr. Holmes,
adjourned till ~ o'clock to morrow.
Tuesday, Dec. 81,
Mr.. Holmes submitted resolution
calling on the Secretary of the Navy for
information whether provision has been
made for the relief of public ships, on
foreign stations, before the expiration of
the term of enlistment, ,and what measures
had been taken to insure the return of
seamen to the United States, whose term
of service has or is about to expire.
The President presented petition
from Butler county, Penn. against Sun
day mails. The petition of John +.
Lewis, asking for remission of duties,
was presented. A report was made by
mr. Livingston, in favor of the claimants
for French spoliations, prior to 1900.
At IL O'Clock, the House Of Repre-
scntatiycs came into the Senate Chamber
and took their seats. The Senate pro-
ceoded with the tlal Of Judge Peck.
MIR. McDuilic then rose to address
the court, and proceeded to examine
each of the specifications, in all EIGH-
TEEN, and to comment on them separate
ly. lie concluded at twenty minutes to
3 O'Clock, when mr.. Wickliilc on the
same side proceeded to read several doc
uments which were handed in as evil
dence; these in part consisted of the pro-
ceedings had in the District Court of
Missouri, in the case ofthe claim by the
heirs of Antoina Soulard, to 10000 ar
pents of land fiom the u States; of Judge
Peck's judgment against that claim;
of their appeal to the Supreme Court of
the U. States; and also of copy of the
proceedings instituted against mr. Law
less before and by Judge Peck
On motion of mr.. Webster, the court
then adjourned till l o'clock tomorrow
Wednesday Dec. 90.
The Senate met at II o'clock. The
first hour was occupied in considering
resolutions submitted yesterday, and for
warding various bills already introduced
through their various stages. The SEN
ate then formed itselfinto Court of I'm
peachment to proceed with Judge Peck's
trial. The first witness on the part of
the House of Representatives, MIR. Ed
ward l.. Lawless, was called, and his
examination continued till the Court ad-
ourned. His cross examination will be
resumed at l2 O'Clock to-day.
Thursday, Dec. %.
The Senate met to-day at o'clock
several petitions were presented, and
bills put in progress which have been
heretofore particularized. A message
IN writing was received from the Presi-
dent of the United States, on which the
Senate went for a short time into Exc
cutive business. The Court, for the I'm
parchment of Judge Peck, was as usual,
orpanizcd nj 10 o'clock and the trial
proceeded on. Mr.. Lawless,th first wit
ness on the part of the Managers, was
all day, till the Court adjourned, under
cross examination by the Respondents
Counsel Mcssrs Meredith and Writ