The Burlington weekly hawk-eye. [volume] (Burlington, Iowa) 1857-1858, 1857-11-18

/ teee 0t Tt papef b hes slgAt % pablfaA d.
tActs and de c0mmeata Is thsy appear q sai,
paper of tie 9th inst, and be de1Iss that he l
assemble . this Court Ia this suniaAsy way "a
And shis responder, denies s.Lis right aa,
power Of this Court 10 call upon him 70 answs,
for said vublicasion Or that lie sAme & 4 CO.
tempt thereof -f9zsss'- - III slss
This rsspoadsns in cesideration of ths pss
.iscs most respectfully psays The Court - b,
dbchafged from shs said rule.
.ssa s ISL G. DUNHAM.
oubscribsd end sworn % before me. ehia etl
day Of Novenbes, AID. 1857. ss
,ta, A. j. NESOEKGER, Clark.
The matter crsatsd agrsas deal Of exciasmsnl
intssn. fhs Court Houas ms crowded all II
afEsrneea by poole aaxions = - uhss tprt
s&aits wesld saks. ! A. six e'elook The Coxrl
appointed half-pass ssven - the hosp ~ which
Il would hear and consider The cass, and deter,
mine how il would punish G. Dunham.
- fnE faIAL.
Sons time before shs hour appointsd the
Cosst Houss vss crowded IN every part 10 thai
many we're compelled 70 stand up.s Tue most
lively interest prevailed. We took our seAt
within the bar. The Judge took his seat, and
the crier opened Court precisely at the minute.
The case was opened ON the part Of the rsspon-
dent by Judge Hall, who, after reading the pa-
pers, spoke Substantially ~ followE
JUDGE HALLS SPEECH.
Judge Hall commenced by saying that It was
| unquessionsbly and undoubtedly true that all
Courts have authority to punish for contempt
Il was power necessary to their existence-to
preserve the decorum Of their proceedings and
guard against obstrucsion. Courts had the
power TO protect themselves and their proceed-
ings from oil interruptions from whatever quar-
ter. He then read che Law which applied, be
remarked. just - much and gave the same au.
shosity to JusticoS Court g to the Circuit
Court to punish for contempt Of iss authority.
But he cOntended that cases Of contempt could
only refer to actual Interruptions Of the business
Of . Court, interference with the 06icers, tam
pesing with jurors or witnesses, insulting and
abusive language used in the presence of the
Court, while in session. This was contempt
within the meaning of the Law and properly
Punishable 1t the will and pleasure Of the Court.
Judge Hall contendsd that the respondent
had been guilty Of no contempt, and Il was not
within the power Of the Court to punish him.
He had published certain remarks in regard to
the proceedings Of this Court when it was not
in session, in case which had been adjudicated
and passed to another tribunal. In this be was
but exercising his rights rs . citizen. He had
come into Court and purged himself from all
chafges Of consempt BY saying that he only
sought to hold this Court responsible for it
acts ss ss. ss
He claimed that newspaper strictures, upon
proceedings in Court, when made, - in this
case, in regard TO matters decided, and not With
. view of influencing decisions, could only be
regarded 40 constructive contempt. That Courts
upon the plea of protecting themselves have
the authority to say that the citizen shall not
speak irreverently or she press be cursailed Of
its right to, An opinion in regard to their do
iuga would be contrary TO the spirit OF our free
institutions. This power nsyer had been exer.
cised BY our Courts. The only approach to il
was in the sedition Law which destroyed the
men who enacted IL and had remained Q by
word and reproach ever since. There was mo
officer, digntary, or tribunal, from the Presi-
dent Of the United States and the Supreme
Court down, 20 high or DO sacred q that the
humblest citizen may mot write, speak, or pub
liah whatever he liked concerning them, only
being responsible to an intelligent public SEN
timsns and the law Of libel
Judge Hall read from the books to show that
the decisions Of the Courts were universally in
favor Of the freedom Of the Press. Wherevel
an effort had been made to silence it ON the
part Of the Courts in this country, few and faa
between. that effort had always failed.
We have not room for the numerous extracts
pointed and bearing directly upon the case
which were read BY the learned counsel. We
can only lind reou,j for one extract from the
change Of Judge Brssss Of Illinois. in . oas,
where the libel took place daring the psndency
Of che cass In court:
Judge Hall then read from Sd SeansssoS
(n. Rep.l in the case Of Stuart w. the People
- follows: as 93e9
From the opinion Of the Court.
1.-THE right TO punieh for contempts committed
In the pfssence Of tie Court i acknowledged
by our statute ~ and while Il afirms psin
cple that 10 inherent in al courts Of justice, u
defend itself when attacked, - the individua
1 man has . right 10 do for his own preservation
it may Also, with . great prOpristy, be regaidet
| a. limitation upon the power Of the courts t.
| punish fas aSy other contempss. In this powe
would necessarily be included all scts calculatet
i % impede, embarrass, or obstruct tie c0ur
Lin the sdninistrasioa, Of justice. Such act
| would be considered % done in the presence .
the Cour4. 90 Of rules entered BY the cour
! prehibising the publicasien Of the evidences ol
other mae1sss vhils the cas- " pending and un
decided The limitation Of the power 70 suci
cases oalys b better calculated e stseasths. tn
judiciary. and faseen il In the a&ections and 20
i teen Of she people, sho have 90 large seak'
IN il purisy and eiscienoy, than the enlarginl
The power 70 the exesns claimed b9R
An hoassG, Independent aAd intelligent oour
wiN win its way TO public con6deses, IN Spits
nevspaper nara grsph4 however pointed may b
thair wit or satire, and its dignity willsufsr lee
lbv psssinR them By unnetiood, than by A.
rsiening the perpetrators, trying them In . sum
mary way, and punishing them by the jadensa
tof ske offended party. s.
Il does mot seem 70 me necessary. for -
proteee,on Of courts In the exercise Of thei
ltegitimst1 powers, that thts enc p laole !
fabuse, should also bs concsded 20 them.
lmay Be % frequently exerc'sed e e dsssfo
shot moral inaaencs which = their bsst posee'
sion. until finally, the administration OF justtc
N hrounbt into disreputs. RssPect - eonf.
cannot BE- compelled; Il b the voluntary tfl
hute 81 tbs pebble 70 worth, virtue and inte
iixenca. and whilst they are toand OF @e leoe
fnSent sat, % long, and no lopgsss viM tney 2
(aih tkS public coo6dsnce.
ia iadee bs libelled by The public PsesA =
and his aSSaIlapt sheuld b. placed % eqo'
J ero.ade. anA their eomnen afbttsf seosld 2
iugy oi ~ cosntsy; and = has .sseelva
Il a iuiuey. Anple romunortsio0 viii ~ 1sde.
II rsstssctsng The power % punish Scs COZ
ftempt. 10 The cas- SPECIALIZED, nors bensdss -
lsssalt thaa lby sniergisg =. e Y 3 80 g :
Ebissasy poWee, and should only % oxefeassa y
he psssesvasive. and not the vandleuve. ~
~krl nna pslssd, bat rol, sa&hsss and %
, psesas vhsn rarely sssd. -. 81
n II. Han said that he dsmand Of $4,000 ..
II ~P6 H. "a r.