Mississippi Democrat. (Carrollton, Miss.) 1844-18??, 1844-12-17

is classed by Blackstone (, 235, among
those of consequential contempts. II
then the power to punish the class of con-
sequential contempts constituted part Of
'the law Of the land SO long anterior to the
date of Magma Charta as 10 have become
at that early day a very maxim Of law,
where was the necessity Tor tho legislation
upon the subiec? Why should Parlia-
ment have lec.sl8ted upon an individual
instance Of consequential contempt, IN
less ,as evil were tlon hrst discovered,
and remedy thel, for the first time
sought To what extreme the courts had
extended their jurisdiction over contempts,
up 10 the time Of Magma Charia, we have
no actual kuoW.edge,--it is bat coniec-
tuTe, but that seventy years afterwards,
Parliament, for the first time, legislated
upon the subject, we do have proof; and
we have further proof from the language
Of the statute and the grant Of power 10
the courts, that such was, in lis nature, an
enlarged power, which consequently pre-
.surnos It's non existence until the passage
of that act. The phraseol0gy Of The pre-
amble Of that statute most strongly forth
fees this position. The reason for the en-
.actment is given in the following language,
and Lord Cooke says the preamble of "a
statute is good means to find out the In.
Lention Of It: "Forasmuch as Justices, TO
whose Office II beIongeth to minister JUS.
lice to all that sue before them, are many
TINES disturbed az due cTecUtaon Of their
Office, "4c. This, of the present day, would
lie deemed a consequential contempt Of
court, and if il were so before Magma
Charla, and the power dWelt IN the courts
then 10 punish and check it, tie statute
was certainly uncalled for legislation !;
but if so, it IS q solitary and isolated in
stance Of such al that early period. /,
was by train Of, similar reasoning,
imagine, that very learned author, us he
is styled by Blackstone, {, 237, sec Glib.
Hist. &. ?. &. 3, was inclined 10 dadece
the present doctrine of contempts exc.u-
siYely lromthis statute, aud TO allow j, no
greater antiquity How much then al
the present doctrine in England owes lie
origin 10 that and subsequent Legislation.
and how much 70 Judicial assumption nE
rager :. here unnecessary 80 1s.,-s.sc,
but in stating the historical argument, al
that with fairness can be said, is, tnat
Magma Charta conferred TO the courts the
power to preserve themselves, aud 40 more,
and not that il necessarily recognized as
the law Of the land the many kinds Of
c0ntempts now known to court and Judges
For SO far as The newspapers publication
OF libel upon court Is concerned, a
case Of The kindcauld not have occurred
until the time Of Queen Elizabeth, when
newspapers we're first established, which
was three hundred and forty three wears
after the date OF Magma Char,a. The
proposition which is thus laid down IS, that
the doctrine OF consequential conlemp;s
in It's present broad understanding was
unknown toand not confirmed by Tie ear
lest constitutional law Of England, Nag
ma CHaria.
We must next test this doctrine of con.
tempts by the touchstoHe Of the Consti-
tuition Of the State This is the only pro-
per, legal and safe criterion by which Il
can be Judged and decided upon. In do
/ ing SO, we must be careful to allow no hy-
potheticai interpretations or equivocal de-
6nitions Of the explicit text Of this iastru-
ment. It is a compact between tie peo-
pie and their oIScers. There are re
struints placed upon both. Power TO GO
yern has been conlided, but it has also
been limited and restricted Il remains
/ then to examine whether the exercise oil
power il the case now under consideEa-
ton. is within the Constitution and laws oi
this State.
Immediately upon the adoption Of our Con
stlutl0n and before the enactment Cl ans
statutory law, so much of what is genrcal
/ ly termed '.the common law" AID sshicl
IS aJ8e strictly i9 accordance sgiib that con
stiildion, was likewise necessarily adop
ted. For instance, the Constitution es
tablished and erected courts Of Justice
Il gave them the jurisdiction OF courts 0
Justice as the same were before undea
stood, less SO much power and authority al
trenched on that Constitution which crer
ted them. To carry on these courts, Ger
tain machinery is necessary, and thai
machinery must be without clog, hin
drance or Interference. This was neces
sary to the ends Of their creation, for ths
exercise of the functions entrusted to them
and indispensable Ito serve and vindicatc
the interest and dignity of the govern
ment, which has been built UP By th'
people. Is then the case in hand, the US,
Of a power vested in our courts either di
rectIy or by implication, and IS the act f
which the petuoner IS now Imprisoned
clog upon the wheels Of courts Of justice
/ shall ondeayor u snow why they are moi
/ What is a contempt Of court? Beside
tie various classes Of contempls whicl
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