The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1857-11-12

forwarded his resignation, TO take effect from
the lat of January next.
Judge CIngets VS.. the Hawkeyc. .
Yesterdays Havkeye contains pretty
full account Of the proceedings Of the Dis
trict Court at Burlington in the matter Of the
arrest of Durham, editor Of the Hawkeye
for contempt Of the Court in the publication
of certain severe structures upon the course
Of the Judge in requiring excessive bail Of j
T. Abrahams.
1t seems that Thomas W. Clagett, Judge OF
the District Court, made affidavit before the
Clerk Of said Court, that G. Durham had
published an article in his paper Calculated
70 destroy ali confidence and respect due to
said Judge" Aftes having made the afida-
viz ''the said Judge" again set out his cause
OF complaint in q process directed to the
Sheriff shy the same Court" requiring that
of6cer to summon Durham before ssthis
Court forthwith" to answer thereto.
Durham appeared, acknowledged the pub
location, and claimed it a. his right to pub.
lish the comments complained of without
rendering himself amenabie to the Court in
this summary way.
The hearing was set for the evening, and
at the appointed hour the Court room was
crowded. j. G. Hall addressed the Court in
defense OF Mr.. Durham. lie said that Courts
had the unaoubted right to punish for con-
tempt in order to protect their proceedings
from interruption, and that Justice Of the
Peace had just as ample authority as the Dis
srict or Supreme Court in that regard. But
proceedings for contempt lie only in case
where the Court 10 interrupted or disturbed,
or its officers or others under its protection
interfercd with. Mr.. Durham had been
guilty Of no contempt in the publication Of
his STRUCTURES upon case before the Court.
Piles Of our free institutionsto allow Judge
to punish citizen for speaking, or an editor
for writing irrsverently Of the decisions Of
the Court. Tho power never had been ex.
crcissd by our Courts. The Sedition law at
tempted it, and the men who enacted that
Law were covered with reproach, and it had
been by-word ever since. There was no
officer, dignitary, or tribunal, from the Pres
ident OF the United States and the Supreme
Court down, so high or so sacred as that the
hnmblest citizen may not write, speak, or
publish whatever he liked concerning them
Mr.. Hall here read various authorities sus-
tanning his views, but we have room but for
single sentence, which contains tho whole
philosophy and common sense Of this doe,
trine Of respect for the Judiciary in nut
shell.
ssRespect 10 courts cannot be compelled ;
i, is the voluntary tribute Of the public To
worth, virtue and intelligence, and whilst
they are found on the judgment seat, so !ong,
and no longer, will they retain the public
confidence
ssalY. Hall said that the demand Of $50 600
bail in the case spoken of in the Hawkeye
was looked upon as something unusual and
astounding. People made it the subject OF
conversation. The members Of the bar we're
startled by it. Ii was regarded as high and
exorbi.ant. Ii wac not 10 he wondered n,
that the press had made this a matter VI crit
icism as was its privilege and right"
After Hall had concluded, Mr.. Starr asked
the Court If his Honor still insisted this wa,
conempif to which bis Honor replied h,
would decide after hearing remarks Of coun
Gel. Starr, being in the right mood, ther
commenced and held forth in strain Of pa
tfiosic, Fourth Of July eloquence, very anu
susi Of late days from the lips Of distinguish
cd Democrss.
Mr.. Starr ssid that he would use furthe,
argument and read from ssthe speech o.
Jaaes Buchanan, your friend and mine
your Honor, the President Of the Unites
Htasss." This speech was delivered OH tn
Impeachment Of Judge Peck, and il was rea,
with the most telling effect By Starr whit
.ads frsaaeat pointed applications Of il
truths to the Judge.
AZ - instance, he says in one place
propose to read from repor, OF the ,r.a
II judee Pesk on an impeachment, case
~ & plsass the Court, precisely similar Il
-. Were yoar honor impeaehed and on youl
frfal. AID altAeugh Judga Peck, I believe
1922 eooei1Gion before the Senate, ye
- - ssa1h41s His case has been = warn.
t. - : heoeua 20 BE- avoided--his case hal
/ 800 fsefh - - example of m unjas
xs6xnnis
- I ~ soAd ) little authority iron
4 - PM z pa ~ 1oeis, may il please tn
81 fnnss. RI r 1 II nfoa heps your homo
q = isS1Il - = mill plass implicit con
!. y d \ 3 Ia nv 40