Evening star. [volume] (Washington, D.C.) 1854-1972, 1867-11-09

ia al proceedings where q series OF facts are
intended to be put in issue. Indeed the idea of
contempt or disrespect TO the court did lot
enter his mind, nor did he intend any disre-
spect % the Court. What followed that LAM
osge ano mrs return herewith shows he meant
no disrespect to the Court, but TO put in nsne
that statement OF facts which he had right to
90 II the Court had no Jurisdiction.
Ihere was no time allowed for a selection OF
phrases. LII was necessary to be prompt aud
decisive, and to deny the facts and challenge
the jurisdiction at once. The acts and language
imputed to him involve his character and DO.
sitlon as member OF this bar, and he h ad no
notice, nor had anything been said or done
Wbleh could have put him on his guard.
30 much Tor the moral question. But this
respondent most respectfully submits 1t was
not technical contempt That most eminent
lawyer. juIist and judge, the late Chief ] ustics
fancy, speaking OF the power of the court TO
punish contempt. says:
4 he power, however, Is not an arbitrary
and specific one to be exercised at the pleasure
Of the Court: but it Is the duty OF the Court to
exercise and regulate it by sound and Just
Juolclal discretio on, whereby the rights and in
dependence of the bar may be as scrupulously
guarded and maintained by the court as the
rights and dignity OF ihs Court ITSELF /" ne How.
ard: I'D And II has been said by almost equally
nign authority: "The inevitable rule is that
Judgment rendered without citation or notice
or opportunity for defense, is a nullity: not
erroneous nor voidable, but absolutely void"
~ ls cardinal principle in the administra-
ion OF justice that no man can be condemned
or divested OF his rights until he has had the Oh.
portunity OF being heard. He must either by
service OF process, publishing OF notice, or In
some DINER way be brought into court, and If
judgment is rendered against him before that
Is done, the proceedings Will be as utterly void
as tnough the Court had undertaken to act
jurisdiction; q Howard Miss. Rep. s77J
II tbs respondent lie right and he is perfectly
confident that he Is, he committed no techni.
Gai contempt In the response he gave to the
Judge or In the manner OF that response Aud
thus ne trusts he has shown that as to his third
ground Of the charge he did not mean TO com.
nj, any contempt, and was not guilty OF any
The fourth accusation relates to his de-
livery TO Mr.. Justice Fisher of the letter set
out in the rule and to the time and m amer In
which that was done.
MS answer to the first head. The letter speaks
for Itself and shows that the matter com.
piained OF had nothing TO do with any Judi.
cial act Of Judge Fisher, but was specially di-
reeted TO the insult already shown to the
Court, which Immediately followed his decIa.
ration that he was responsible for what he
sara: Inat letter was written ON the 9TH OF
august when 1t was supposed the case would
ne closed 1t was to be delivered as soon q
the case was closed. For no man, of any char.
acter or sensibli,y could rest under the ms ult
which the respondent, had as he understood
IL, received, moment longer than was
md spehsabiy necessary before seek.
ing an explanation and retraction of II
III was then supposed that Judge Fisher was
surrounded then by in iuences which wouId
prevent or disturb any attempt to ob'ain such
explanation and retraction. Besides il was mot
deemed advisable to seek those explanations,
or mat compromise and ad Jus tmeut of prfyate
Guarrels which too often result in a breach OF
the peace in jurisdiction, when the partles
mii ut be made amer able to criminal proceed
ing befo the court of whiC one Of The pal ties
was member SO far as this goes. IL is re-
spectfuily submitted that this court has no in.
RS dictlon to try this pendent for contem pt
He cor cedes that ii he had cent a challenge to
Il ,foht hax faII
SUPERVISORY power OF this court. But 1t was
nCt challenge, nor meant nor Intended for
one. 1t was precisely what has been stated.
opening way for an amicabe settlement of a
private controversy; and TO remove any doubt
On that subject. this respondent had with.
d. avn II before any action was had by this
G. urt In MS case, or any intima,ion given that
any action would be taken on it.
AS TO the manner and time OF delivering the
fact, and that Judge Fisher left the room, as
slated In Sutton's report:-This respondent
old not know where he had gone, but WAS
himself on his way to his office when he SAW
Judge Fisher sitting at the window OF a street
car near the corner OF his office. The car stood
mere untll respondent reached 1t, and he en-
tered IT and delivered the letter to Judge Fish.
er win all due courtesy, and without noise or
hostile demonstration. If he had not accident
ally seen him, as he has stated. be should nave
gone Immediately TO his residence as be had
already suffered long enough under the imnu
tauon he has mentioned. His object and de.
termination was to open the speediest way to
honorable man must be DESTROYS to make when
ne becomes satisfied he has done An injury to
another. w
In this be conceives that so far from mer-
lung censure, he Is rather entitled TO commen-
dation, as he did not send a hostile message.
out took the Initiative step fer explanations bv
delivering himself respectful letter, when he
might with propriety have considered the door
closed against them, except as the voluntary
motion OF the party supposed to have done the
wrong Certainly he was not guilty Of any
n In <l~s-
sIderation, the Court shall not be satisfied that
me matters complained Of originated Ia one OF
nose nnhaPpy misunderstandngs to which
ine pes. oaiapceo minds are sometimes SUBJ
sueh understanding, he most respectfully
asks, and begs leave to insist as q right, that
ne snail be allowed to produce such proofs a.
may be within his reach ic support ef his said
statement; and If 1t be deemed material, and
tne Court has doubts as to the law which this
respondent deems applicable to this case, that
ne may be heard by counsel.
In conclusion, and thanking the Court for
tne Indulgence they have shown him and
trusting that he has satisfactorily shown that
contempt, moral or technical, towards the
CouIf, or toward the particular member
OF IT indicated in the rule, in any matter
relating to his judicial position, was not
Intended, he begs leave to say that In max
ing this minute and detailed statement he
has confined himself to SO much and such
parts Of the facts relating to this case as were
absolutely necessary TO q clear understanding
VI MS posillOu nc ms IutIy 6no 1dtrIY stated
the facts according to the best Of his re coIlec-
non. Butf in any respect he has been mis-.
taken In regard to them, or IL he (however un.
lhtenu0nally) merited any contempt OF the
Court. he has only to express his most pro.
found regret, and TO ask TO be permitted, so far
as possible, TO recall any act and withdraw
any expression which might be inter- ted as
an indgnity to the judicial tribunals OF his
country, snd especially those of his native dis
trict whose dignity he would desire to uphold
on all occasions.
lSiRned) JOSEPH H. BRADLEY.
Sworn before me, November 9TH, 1857
]. MRIGs, Clerk.
AT the close Of M Bradley's answ er Chic,
Justice Cartier announced the decision OF the
Court as follows:
The subject OF this inq ulry as must be an :.
parent 70 every member Of the bar, IL too pain
ful 10 be TALKED about In detail by the Court and
as the organ of the publication Of its decision.
1 DO not propose to talk much about it. The
probability Is that could not maintain my
own tranquility in doing 20.
II seems as though we had Indeed fallen
upon very strange times as q community The
history Of the last six years bears testimony to
this fact. The political experiences of the coun.
try are the experiences Of disoDedience to law
and authority in almost every branch of the
government, and that experience has not fully
passed away. 1t remains the Inheritance or
to-day The citizens OF this country are
panied by the necessity OF witnessing
week BY week and day By day an anfagonism
between the different departments of the Gov.
eminent. each denouncing the other a. viola.