The Nevada journal., 1853-05-27

seOOS AleAo OONA NLAOa " 0PPNSA OOAOIO
the District Court to show cause why
he should not be fined or imprisoned,
or both, for having been guilty of a
grsss contempt of said Court.
We do not exactly see how the pub
lication Of testimony taken before a
Justice of the Peace can he construed
into a contempt Of the District Court,
and according to the Journals ver-
sion Of the affair, it appears, to say the
least, a strange proceeding.-State
Journal May 21.
A Base attempt to destroy the
Freedom of the Press.
AN EDITOR ARRESTED FOR AN
ALLEGED CONTEMPT OF THE Dis
TR1cr COURT We have been pre-
pared for almost anything that might
come to pass, in this land, where crime
and selfshness are too often the order
Of the day; but we were not prepared
to witness the arrest Of an editor, for
publishing in his paper the testimony
taken before a Justice of the Peace, in
a case where one man was charged
with stab5ing another, and comment
ing briefly, on that testimony.
The Nevada Journal, Of the 2Oth
inst, came to hand on Saturday last,
and brought the intelligence that the
editor of that paper, A. A. Sargent,
Esq, had been arrested, by order Of
the District Court, then in session,
Judge Barbour presiding for an alleg-
ed contempt of that court, in publish
ing and commenting upon testimony,
taken before Justice of the Peace,
in Nevada; as will more fully appear
from the writ, ordering the arrest,
which is as follows:
Here follows the writ.
In obedience with the requirements
Of the writ, the editor says, he appear
ed before the court and made answer 3
1st. That no contempt was intended.
I'd. That we but pursued the usual
ly travelled line Of our vocation.
Sd. That there was no precedent in
tbe United States of an editor being
considered guilty of contempt for such
publications.
4th. That the rights Of the press
are too sacred to be lightly infringed.
9Th. That the Statutes of California,
in defining "contempts," had no allu-
sion, near or remote, to such publica-
tions, and that the Statutes must en-
brace all the law designed should be
treated as contempts.
These answers, temperate, respect
full, pertinent and logical, as they un-
doubtedly are, were not satisfactory to
the Judge and, therefore, Mr. Sar-
gent was held to bail in the sum of
$1,000, for his appearance at the next
term of the District Court.
Now we do not complain of Judge,
who, in the discharge of his legal func-
tions, finds it necessary to fine and i'm
prison individuals for unworthy con-
duct or behavior in their immediate
pressnce-this is absolutely necessary
for the honor and dignity of the court
out, when Judge travels out Of
his legitimate sphere of action, to
pounce upon an editor of newspaper,
for doing an act which was not only
legitimate and proper, within itself,
but not even committed before his
court or i'll his presence, we are COM
PEELED to believe that there are other
causes than those set forth in the writ,
to impel him to such an abuse of
power.
1t is known that the Nevada Jour-
nal is wing paper, and that, during
the canvass oflast fall, it did good SER
vice against the Judge and, it may
be, private animosity has had some
thing to do with the affair. Wheth-
or this be SO or not-one thing is GER
tain--Mr. Sargent committed no con-
tempt of the District Court, in pub
fishing and commenting upon proceed
ings had before Justice of the Peace.
Inc Judges of California must not
lay the fattering JUNCTION to their souls
that they can nuzzle the press, and
make it succumb to them ar tbe;r
cliques' by arresting editors and plac-
ing them in durance vile, or under
heavy bonds. No, indeed. They NAV
perforate US with bullets, or beat ms
with swords, guns, and bludgeons, if
they will--but we will not, as freeman
on the watch tower of our liberties.
cit tame1y by and see them commit
Nunders, worse than Napoleon COM
mitted when he hung the DUO D'Eng.
helm, and kept our mouths closed.
We proclaim, fearlessly, that Judge
Barbour has been guilty of tyrann.
ical assumption Of power, in defiance
e l.