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

= the iFeed m oil the press. 1t is so, be
cause II can be made its most effectual
protection NJ home, and because it car
be employed he postle OF those liber.
ties 20 nh ions brood The worst enemy
u freedom g ORANGE. Instruct men
IN the knowledge 4 their rights, and a
vlndlca'nn II hose rights follows as sure
ly as light follows the rising sun. Yet
the freedom % the press is abused TO base
and unworthy purposes. Such, indeed,
0s sad experience teaches, is often the
melaHcaoIs tte OF the greatest blessings
that wise pfovi! ence has bestowed upon
us or hat hannah skill has invented. The
tree nir ve teajhe is essential to our ex-
's.eoae, q waeu infected with pestiIen-
TIA mHue., IL becomes the most terrible
weapon death. But who would argue.
because disease may float in the atmos-
phere, that tie atmosphere should be des-
traged,
Our constitution has declared that "ev-
cry c'ia. aGy fl sely speak, 1rrite and
Pad.Sa his 5 ailments on ali subjects, be-
iE2 RESPONSE lie lor The abuse Of that lber-
iy.' ar. /, sec. 6. The reflections of
ne petitioner upon the circuit Judge of
warren comfy, rs ser forth in the petition
complained of, when judged by the prac-
nee and as.mptl rs of the English and
some 81 the American courts, constitute
an und'ubied contempt of an aggravated
character; la wls, n las ed through he
cfucb.e Of orr SITE constitution, lnstea
OF u contem I o. curt. they become a
mere .Ib OF the uncuaupry, and subject
only to the punishment 5re-crided by Ia"
i9g the latter u.enre.
thn effect at the executive pardon upon
the sen eace Of court for contempt Is
the on' remaining question Of this inter-
e,tiGg investigation. The power 10 par
6an D., by Eaoiish writer's, stIyed the most
am:a5}a n5era -ative Of the crown. Bla
Com. 4. 55J. 1t was contemporary
Win The DIS memorials Of the law. Ia
is t nt - reached TO all otIenses against
the crown o. the public. Bla. Com 4,
go Il oas not reach to cases where
privare justice is connected with The
prescott. "a o. ofIenders:-uOn p0Sek rel.
grefi "a jacfre cam ijuria ct damnO ali
oruns." 4 Inst 236. Thus in penal
Statues, where the informer has acquired
a prlyste property in part OF the penalty,
the king cannot pardon the offence. Bla
Com. I, 33S. BIT among pardonable Of
fences Is that O. contenpts Of courts. In
the statute of Westm. 2, Is. Edward l,
c, SO, which has before been claimed 10
have heen the origin of the doctrine of
constructive contempts, in speaking Of the
Imprisonment Of those who resist sheriffs,
occur these words,--"a qua non deliber-
CHtnr sine special precepto dominj regis"
from which Imprisonment, they shall
not he released, but by the special com
mand 81 our lord, the king. 1t is moreover
elsewhere said, that pardon for all mis-
prlelCgs, traspasses, offences or contempt
IN making false return, and a striking
IN Westminster Hall, and barratry and
even premuniTe. Jacobs L. d. Pardon.
2 Hales P. G. 252. 2 Mod 50. Dyer
800, a. The constitution of the State,
art. 5, 10, bestows upon The governor
Of the state "the power t. grant reprieyes
and pardons, and TO remit fines in all
criminal and penal eases, except in those
Of treason and impeachment" But ii
has been insisted by counsel that con-
tempts Of court do not come under the
class Of criminal or penal cases. The at
tachm NJ "hi-h issues upon the informa-
ton ID q contempt is criminal process.
Jidd. p. /, 49I. Bla. Com. 4, 23l, calls
the offence 81 criminal charge" ga
crime or mi d meanor is an act committed
or omitted, m violation of public law,
either laralddng or commanding it."
Bla. c m. 4, D. The distinction Of pub
lie wrongs from private, of crimes and
misdcmranors from civil injuries, seems
PRINCIPALS to consist in this: that private
wrongs or civil injuries are an infringe
mant or privation of the civil rights which
belong f. individuals, considered merely
as iuaiy.du4is, public wrongs or crimes
and misae,naaHors are a breach and vio
.at5n of puGhc rights and duties, due to
tie wHeie community, considered as a
community in its social aggregate capaci-
~. Ba. Com. 4, 6. Contempts of
am.,s are treated by all elementary wri
iera as public wrongs. They are distin-
gaished from ordinary crimes or INSIDE
mean0rs, b cause in their punishment
there IS no intervention Of a jury, the
parry bring acquitted or condemned by
tie suffrage ct such persons only as the
statute Ilas appointed for his judge. Bla.
Com. 4,579, title, summary CONNECTION.
In short. the whole doctrine of contemPts
goes 10 the point that the efcnse is
wrong t. the public, not to the person OF
the inuetionary to VIII IN Il is offered, con-