Burlington hawk-eye. [volume] (Burlington, Iowa) 1845-185?, 1846-12-31

slngularly impressive. Hs "e judges !,
led BY the House of Conn.," vas COM
breach Of privilege and bropsh'.a' o. \
oeas corpus. The poin, , sI,ap % i
,he Court and decided was n. MY Sss
PAYS case; but the subiee, =! 'aasa,
led The judges into the con. saa~aa,s,
e GO, committed in cour,. s 81
Their clear exposition Of II. o. lpsas |
head did no. par'ake Of ,he ~. Nv % N
ual expressions. called BY lavs a'e d;
diefa' but were solemn and ie y. aIs
Opinions by The whole cou,,. ueAea,t
Judges of which have, ns', 'wod i.
been surpassed in their dIs,,nn sps A's
pn'a'l"n for talents and les,as, "'asd
Chief Justice De Grey ob. aas Lss
when the House OF Commea..e q
any hing to be conlemp. o, !. aa'4f
privilege. heir adjudication -. ''s'a /
lion and their commitment in so.' eaaas
was execution; and ,ha, M aaats
discharge or bail person lb., 'Y'Ht@
ecuii"n by The judgmen, Of .aas
court; and there was No r, y, OLE
Westminster Hall, intsrferia, .ea
case. Tina. ii was held in ! na'h
Year Books thar every couu SEA. I'm
'erm'ne 'he privilege Of tina, roa.' ''a
II The Court Of Common pa III
commit person for a COM 'a
Court of king's Bench would j.
INTO the legality or cause Of eom. si'a
II contempt was returned, "a, !.
spect the courts were co-ord;n., uss
II The Court Of ChanceFy, or H. |, "
~ Court commit for eon,empI. = 49, y
court discharges The person, s, %aa
That perhaps con,emp. in n. H'
Commons. in Chancery, in h. WV WI
Pleas aud in the Court of I)n,h.s
be very different and tina, therein. y
Court must be sole judge Of i, ~. wy
tempt" II, then, courls 81 ,o...a'
jurisdiction, nor co ordinate d,n,r.
"f government, can interfere M
other IN matters of this kind, alr NJ
ment of conviction. in muito 4 s,s N
can they not do il during ,hs q,
whilst a witness is tesnfying. y
The same judge (De Grey furb,,.
serves. Abuses may be made rr i. Z
there is no remedy, but this i up,,s'I y
BILE; and il is better 10 leave som, !. '
10 the obligation Of their oaths. ~ q
the two Houses Of Parliament, NJ.
courts Of law should abuse II. -. =
which the Constitution has giver -
il would be public grievance. 4 n
be left al large; il is wise 10 Leave
large; some persons, some iari,jru|
must be trusted"
Mr. Justice Blackstone pursue Il,
train of reasoning. He says "sI ~
including the two Houses Of PsrR.
have the sole adjudication, each Ia \ 4
of contempls; and the punishmeau |. r.
of belonged exclusively and wilma
,erierlng TO each respectively" hll a
ice Crosse. some years after wards rl' !.
ed and affirmed the principles Il Y !,
decision; 8 Term Rep. 325, snds4y
the law Of England. Nor does lh,D
silution of The United States, OF IT,
State, in the least interfere with hss ~
these same doctrines have been aaa
cognized as The Law here both indsl
deral and State Courts, and has nsrs q!
conlradlcied. Sec. 6 Whesloat v
204.-7 ID. 80 Johnson's R.p. y
-6 ID. 337.-9 ID. 395.
II is general principle Of law N
person is not liable ciriliier for sesi
officially and under cover Of suha
but there are cases in which i ~ y,
presume TO intermeddle wllhou! jua
ton. The acts done under such uHT
authority are not the acts Of The " II
but OF the person comprising Il, nj
have been held personally resporlh .
Whether this be one Of those csesE%
question which remains TO be tired ~
all events, the judgment Of dischar
the Judge. | regard as a mere nshHg
When the House calls on The Sergss
arms for the aforesaid 5. r. MaA
am inclined 10 the opinion iha y
be forthcoming. Respectfully. ys's
X. III