Democrat and sentinel. [volume] (Ebensburg, Pa.) 1853-1866, 1855-09-19
EBENsBURG, sEPTRNIBER 10, 1855.

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mitted against Court while it is enquiring
intd matter beyond its jurisdiction. andi the
fact was so in this case then the petitioner had
good defence and heouglt to have made
it on his trial. To make 1T after conviction is
too late. To make it here is to produce it be-
fore the wrong tribunal.
Every Judgment must be conclusive until
reversed Such is the character, nature and
essence of all Judgements. fit be not con-
elusive it is not judgment. A court must
either have power to settle a givenlquestioD
finally and forever, SO as to preclude all fur
ther inquiry upon it or else ii has no power TO
make any decision at all. To say that court
may determine matter, and that another
court may regard the same matter afterwards
as open and undetermined, i an absurdity in
terns = s.,,,fs ~ = S; -. ...s.s.4 5
most esPeclaliy necess.lry .nae conslg-
uons ior consemPt IN our Oouft shou.u De nhai'
conclusive ana iree rom re-eAamlna,ion Dy
ether Courts on naDeas corpus. Ii the law
were not So our Judlclai system "ouid break
TO pieces IN month; oourls totany uncon-
nec'eu WIN eacn M "ooio Do ooniins ~
constant coiIlsio". i'e ,nle'ior eour's ~ouiu
revise All the oecislohs Q. 'ne = uoses piaced
over ana above .ne'n. party unwlling "
pc tried In .nis oou'' nesu 1'.iy ueiy our ae-
.nority, anu W. con"is nini' .aAs ous us
naDeas corpus pelore au asso,iase Juec u ,iis
own choosing ana II Una. !uuse = oi opinion
.eas We ous " io' ~ y = .' = gnu
Oh -, tue case. sLss,...,-.
ms doc,rihe Is 80 PLAINLY agains' Tie rea,
son OF the tning ina. IL "oulo De wehueriu,
indeed II any authority for It could pc found
in the books, except the overruled decisions
of Mr.. Justice Spencer of New York, already
referred to, and some efforts of the same kind
to control the other Courts, made by or Ed,
ward Coke, IN the Kings Bench, which arc
now universally admitted to have been illegal,
as well as rude and intempera.e. On the
other hand we nave al tne Engnsn yaages'
and all our own, declaring tneir inapiity 20
interfere with, or control one another IN TINS
way l vii coI.e..l n5seil nE sinn'v Teiaf-
ring to some of the books IN which 1t Is cstab-
lished that the conviction of contempt is sep
arate proceeding, and Is conclusive of every
fact which might have been urged on the trial
for contempt, and among others want OF Jurls-
diction to try the cause IN which the contempt
was committed. Johns. H. 80, ct sequ.
The opinion of Oh. j. Kent, on pages $40 to
375. Johns 503- 8 Johns. 423. j. Hill
ITO. 5 Iredell 169. lib. 153. Sanof. 724.
l Carter 170 L Blackf l66. 10 Miss. oS6.
2 Wheeler's Grim. Cases, p. 1. II Ad. and
Fills 55S. These cases viii speak for them
selves, but may remark as to the last one
the very same objection was made there as
here. The party was convicted OF contempt
in not obeying decree. lie claimed his dis
charge on habeas corpus because the Chancel-
lor had no jurisdiction to make the decree,
being Interested IN the cause himself But
the Court OF Queens Bench held that II that
was defence 1t should nave peen made on
the triai ior contempt, and the conviction was
conclusive we cannot choose but hold the
same rule here Any other would be vio-
iation OF the law which Is established and sus-
tanned by all authority and all reason
But certainty the want OF jurisdiction aileg-
ed IN this case, would not even have been
defeEse on the trial. The proposition, that a
lCourt is powerless to punish for disorderly
conduct ordisobedlence OF Its process IN a case,
which it ought ultimately to dismiss for want
of jurisdiction is not only unsupported by ju-
dicial authority, but we think it is new even
as an argument at the bar we ourselves
have heard many cases through and through
before wesbecame convinced tlatlt was our
duty to remit the parties TO another triDunai,
but we never thought tnat our process cou'd
De dehied IN such eases more tnan ia o.ners.
There are some preceeqings IN wnlcn tpe
wan. OF urisuicsion 10 SCI. :. tae - 3.
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slo'5 A'io" "ae - az 49,:
any one. Wno e' ons'. aO.s :, oe'es
sess,g a'on ~. s,'as pu, 10 =
suney - 80 ~. s.J .s;.Ls - H.. &C. c,sns @
- De so =, ~
iooaI aos.on - .ha ..:on h,s3
Up .,,,st - ha ,'ada 80 os l;la 90 o.lar