Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1830-12-29

above stated and now contends that no was justified by
the Cons tuition and laws OF the land In punishing Mr.
Lawless by the summary process OF attachment, IN the
manner in which he was punished.
On application Of Mr.. L,wless. who IL the bro.
thsr Of the Irish patro, John Lawlsss OF Belfast aud
10 an adopted American citizen, tho House OF Repre-.
seuaves referred the suhjsct to their judiciary Com
mttee, at the last session. That committee unanimous
iy made report that the Judge ought to be impeaeh-
for his arbitrary and oppressive conduct in the case
Accordinxy the House dir c,ed them, by vety large
majority, to draft an Article Of Impeachment again"
him. They did SO; aud the Judge was, towards the
close the last session. asragned before the senate
6ed hs 10 the charge, AMI asked Tor postpone
men, Of the trial until this session.
Mr.. M'Dufis. one OF the Mansger.o Of the lmpeach.
me n ced the speech opening the case against
the accused this day. He had not concluded when the
Senate. as Court OF Impeachment adjourned over
until IL o'clock to morrow. Mr. M'Daihs wa, exp'i-
cit, strong and decided. in his reprobaion OF the con-
duet OF Judge Peck. His language and manner were
of the quivoca, bold, and rproachiui charac
ter. His argument was Interpreted with a vein OF
bitter irony, sarcasm, and denuncation, seldom heard
in the halls OF Courts or Senaes. Whatever may have
been thought OF his manner, hs speech was most
thorough and Triumphant asaer ION OF the liberty o
sp cch, OF the press, and OF the citizen, against all in
vasion OF it by Courts or Judges The doctrine he
msintsned wss, in sub',Auce that the judicial power
TO punish for contempt best founded rpon neces
sy the yrans plea; that he admitted the force oil that
plea far the power might be necessary to preserve
order In Court TO prevent the Court or jury from In
suit assault, and the regular aud fair administration
Of justice from being obstruced aud further than this
neither legal nor cons u,onal to stretch the
power; that the publication by Judge feck oil MS opni
on extra judicial act aud the opiUon itself, as
publ shed, exus-judieal opiuon tht i, was compe-
teut to any ciiz TO citics- condemn any judicial
opinion, whether published 10 this more regular
way; that for thus amin sdverirg upon it, he was not
liable to attachment for contempt, nor even to iDdct-
men; that there was nothing in tbs Constitution or
laws the land TO Justify the and tyrannical usur-
patton Of rower perpetrated by Judge Peck; that TO
contempt was committed by MIR. Lawless; that the
common law OF Epgland. under which the JUICE had
attempted to justify his .spotic act, had force, a.
such, in the Judicial ibynal OF the United Statee and
was utterly unknown TO them except az sfjrding rules
forms If proceeding as furnishing light tor ex-
pounding the provisions Of acts OF Congress; that even
by the law OF England, as found in Blackstone, Haw-
kns and Holt. judicial opinion is fair subject OF dis
cusson, though some OF the writers say that false or
bad not to be ascrbed to the JUDGES in such
discusson that the power to punish for contempt Is
despoic power, anomaly in tree government incom-
pa'ibe with liberty; that Judge Peck had been guilty
Of high misdeme amor in not only deprving MIR. Law
less OF his liberty but in debarring him from realizing
the very of supporting his family, and that he
had carried into full ee CT the very definition Of ranDy
He had enacted the offence, made the law, hxed the
puuishme mt, and inflicted il, at the same time.
1 have neither time TO give you sps-
oimen OF the biting irony aud sarcasm uttered in the
speech.
The uial will probably las, a, least two weeks
Phii1. INQUIRER