The daily union. [volume] (Washington [D.C.]) 1845-1857, 1847-02-15

jurisdiction We TO the twenty senators who
voted guilty of this crime "Sirs you have transcend
ed your authority-you have mistaken your province
this is not contained in your commssion-you have
travelled far out OF your sphere of dutyyou have as
sumed functions which the constitution and laws have
wisely committed to other tribunals-you have in a
word committed deed of such stupendous folly that
the whole world would laugh it, but for the fundamen-
tai principles If violates"
Why, even common-law courts will not undertake TO
punish man for contempt except when committed in
their immediate presence way TO embarrass and OBJ
suct the administration OF the laws That would present
OF imperative necessity but the publication OF an
alleged libel clearly not an offence of this description
We remember to have read of prosecution for libel in
neghboring State, tried recently, brought against an
editor by Judge for rejecting his official conduct
The aggreved Judge did not, however, bring the offender
before himself, adudge him guilty without hear
ing but he instituted his proceedings in another court
where the accused had the full benefit of fair and i'm
partial trial. That proceeding consonant with
common law and common sense but the libel action that
has just been decided against in the Senate and the
declaration of guilt recorded against their docket
clearly epugnant to both But for the violation of
sacred and cherished principles, the proceedings would
hardly approximate to the dignity of farce
But it does not stop merely with violation of common
law and common it equally violates the plain let
ter of the constitution That instrument declares that
Sin all criminal prosecutions the accused shall enjoy the
right to speedy and public trial by impartial jury"
libel a criminal offence, and hence within the pur-
view Of this section Now what does the action of the
Senate declare Why, that citizen may be pronounced
guilty of the uterance of libel public libel"-bv
tribunal sitting in its cause, seerected for the pur-
pose, which strikes but does not hear and whilst some
of whose members the debate proves, are under the
dominion Of angry excited, and revengefu feelings
Where is the impartial jury here that is demanded by
the constitution
The constitution also provides that person shall be
held to for capital or otherwise infamous crime
unless presentation indictment of grand juru"
Cases arising in the land naval forces are the sole ex
ception. The utterance of public libel" is an Infamous
offence, because punishable by fine and Imprisonment
But by what process has the Senate conrved to enter on
its docket that pe have "given uterance to public L.
bel" Without information presentment-w without
hearing of the sccused-on the simple resolution OF
very SENATOR from State, who drew it up as
best he knew how Was ever mortal in such humor
charged-was mortal in such humor tried In this
loose vague, indecent, and illegal way have been de-
y would involve in its punishment the loss OF liberty
and property. We thus deprived of all the adyan-
tage of petit jury and grand jury, counsel Witnesses
court ct cctera and condemned without hearing by an
angry adversary, deciding has cause and pre-resolved
to sacrifice the altar OF his vengeance right or
wrong. This is indeed ..itsef its only parallel"
In van too has the constitution attempted to throw its
shield around the liberty of the press when is compe
To- hoJ, Al,
by fine Imprisonment in the present case but even in
tenderer point to man of sensbiliy-to one who may
'feea stain like wound'by attempting TO stamp upon
his forehead the mark of degradation to thrust out the
body of the 'beer" (as Mr. Pearce of Maryland fool
silly said) if he were eper, communicating by his
presence the company OF "the Lords Amounted"
But it does not end even here The action of the Sem
violates the spirit not the letter. of plain law OF
Congress- After the celebrated Peck trial in $780, in
which the whole doctrine Of contempt was argued at
length, Congress, by nearly unanimous vote, passed
law, as follows:
AN act declaratoy OF the law concerning contemps of
courts.
"SEcroN L. BE enacted by the Senate and House of Repre-
entatire Of The United States Of america in Congress
States attachments and nfic summary punish
ment for conempts of court shall be construed
persons the presence Of the said courts thereto
10 o6t the ddintsfrafion OF justice the misbehavor of
TONS and the disobedence resistance by officer of
the said courts party juror, Witness other
persons, any lawful writ process order rule Decree
command of the said courts tApproved March 81,
1871
This wholesome and proper law reported from
the Judiciary committee the House. by Mr. Buchanan,
then representative from Pennsylvania who had part-
cpated most ably in the prosecution against Judge Peck
and in that trial, doubt had learned its necessity The
law, know, highly commended by Chief Justice
Marshall
Now, what is its meaning Why clearly that con-
tempt of only be committed in its immediate pres
ence $50 thereto obstruct the administration
ofustce This leaves ample power with the court assert
its dignity, by the expulsion of rotous noisy lbe
haved persons but il takes away from them that danger
and arbitrary claim Of laying violent hands upon the
freedom of speech and of the press whenever a capri
cious and angry magistrate shall affect to be injured for
sooth, in his dignity Those familiar with the Peck
trial say that this law passed for the express pur
pose of meeting the of libel, the Judge having AFRO
gated to himself the alarming power of Furnishing an ed-
for alleged contempt of himself 1t was the intention
of this law and such is its obvious spirit to say to
Judges " You have full power to remove any obstruc-
ton that intereres with the discharge of your duties
but you have power, under preence of asserting your
offended dignity, to interfere with the freedom of speech
and of the press, which shall be perfectly free crcse
your conduct and review your proceedings, being
BILE for the abuse OF these rights only in the point