The Nevada journal., 1853-07-22

homicids or matters oflike occurrence before
the accused is committed for trial, and to
make such comments in relation thereto as
are not false and libellous." Very good
The above, though not the purest English,
needs no comment, With reference to moral
objections, the Judge may be we'll satisfied
for himself. The general course of the press
implies the opinion of its conductors that it
is right and legitimate to give in their news
columns accounts Of the crimes that occur,
with the particulars concerning both agents
and victims, But the Opinion ofthe judge
loses its legal value when he steps aside
I from the law to read moral lectures. If
what we did only offended his perceptions Of
morality without violating the laws, we sug-
gest rs very humble individual how
much better it would have been to have CIV
en- us his "opinion" to that effect without
putting us to the expense of a defence in his
court, when there were "no legal objections"
to our actions. We believe we speak with u
sufficient degree of self-knowlcdge when we
say, if his opinion hadbeen kindly rendered
it would have been respectfully entertained.
To recur. The effect of our publication
was not to prejudice the public mind
Truth cannot prejudice. Wepublished only
| correct evidence, and though that, perhaps,
enabled the community to form an opinion,
it could only be true opinion-one that
could'do an injustice to none innocent We
have no sympathy with that mock phiian-
thropy that would shield the guilty. 1t is a
pregnant mischief that breeds crime to de-
stroy the we'll. disposed. If the influence of
our paper has always been for truth-for the
exposure Of the rufian and the incendiary,
who gnaw at the vitals of society-if it has
stripped from the villain his subterfuges and
held up his hideous defomities to public exc
Grafton and the vengeance Of the laws, the
constituted ministers ofJustice will find more
formidable criminals for their surplus thun-
ders than the conductor of its pages.
So much for the facts, now for the law
Notice what is said by the learned judge ofthe
enactment by New York of the common law
of England, that courts there can punish
for the publication of false or grossly inaccu-
rdte'rqoorts of their proceedings" The great
feature of our case is that we obtained an
official copy. We are not amenable to the
charge of having published areporr in any
degree inaccurate. How then such law can
be quoted against us is hard to explain. Be
cause New York Judge can punish for a
grossly false report, forsooth, a California
judge may punish for true one
If the Judge loves the Pennsylvania code
that he cites, he would have given good sat
isfaction by granting us chance by indict-
ment. The "opinion" of the judge to the
contrary Notwithstanding, this modification
of the practice in Pennsylvania was total
''abr ogation" of an oppressive power pre-
viously in the hands of the court, and was
made because in the case of RespubGca VS..
Oswald, the glaring abuses to which that
power was liable came fully to light for the
first time under republican Institutions
The power was taken from courts, which
abuse it. and rested with juries which have
clearer dscernment of right, if less slavish
reverence for precedent.
The discus sion of the Judge in reference
to the force Of the California statutes and
constitution is interesting, 1t refers TO a
most knotty point and is rather declaratory
than argumentative. It is valuable as an
''opinion," bat rather slight as logic. We dc
not know how to meet it better than by q
quotation, Read the view of the California
Senate Committee on this very point, as
given in the attempted impeachment Of Levi
Parsons:
In the written opinion which Judge Parsons
filed after his Judgment in Walkers case, he
pretends to derive from the common law the
power of Furnishing for constructive contempt
of court. Your committee are of opinion tha
the judge should have looked for his pswer to
punish a contempt rather to the constitution
and laws of California, than to the maxims of
judiciary deriving its dignity and authenticity
from throne supported by the superstition:
respect and awe of a people mon archcal in al
their habits and prejudices. Nor do your com
mittee find that the people and legislature o
California had failed in the passage of law
properly Furnishing contempts of court. In the
act organizing District Courts, the punishment
for contempt is provided for; and further thar
this, contempts are specified and defined. The
power Judge Parsons claims is not conferred
by the statute and herce the judge resorts t.
the common law for justification and defense
Even if the legislature had by
express words enacted the English doctrine o
constructive contempts, such statute would
not have been the law of California. The con
stitution declares that no law shall be passed
restricting the liberty of speech the press
consequently if the legislature passed such
law, either expressly or by implication, it wa.
unconstitutional and void from the beginning
Without travelling to foreign country to fine
precedents for the power he has exercised
Judge Parsons might have found the law o
this land nearer home-in the constitution ant
statutes of California"
The next point made by the judge weak
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