Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1867-12-27
FOR MAYOR.
MAJOR A. 7. LACEY.


siu0ns:
Let. That by the Euglish Common
Tau which never in the earliest days
rs otherwise, defamatOry language and
fnvective in respect to 8 judge, spoken Of
him ss 50 individual, not in the presence
of,be Court or published, there cannot
,unj.bed a. = contempt Of the Court.
T-Ie or false, Just or unjust, what the
arzlqaeheh has published ia regal to the
,-ivate character Of Judge HUNTER, or
in regard to his qualifications, honesty,
deeencv, or fairness as 3 Judge, Is no q
tsnpt Of the Criminal Courto Of Memphis.
"a That 30 make 3 publication in .
Newspaper 8 contempt Of the Court, the
,,.fta- ofit must relate to or be connee-
I'll with = case depending in the Court
"a 10 calculated to Obstruct the course
ff,s.ice in that case. It must therefore
rubIisbed while the case is depending.
Tban 70 sssail the judge FOR his ruling
orders or other conduct in the caas, - q
,,ntaupt Of the Court, because it preJu-
5ieas the world against the magistrate
in relation 10 this particular case. 1t Is
NO contempt OF s Court to e~riticise its acts
and conduct after the case s decided.
"A. That there Is, therefore, even in
England, no community for An ignorant,
An uncouth, q vulgar, zH unjust or 3 cor
ru,r msgistrste, which arms him with
the Dowar to prevent exposure Of bis
bszaness Or iniquides, IS displayed gene
raIIv. 9r in particular cases no longer be
fore him, by ~silencing the Press oy
means OF the committsl OF publishers or
n writer's. The phrase " the liberty Oh
nra-su il DO more without meaning or
effect in the case Of judges unworthy 10
wear the ermine, than in that Of legisia-
t,-. cr others who exercise the powers Of
the state. That is not one Of the pre-
rogstives that accompany the ermine-
cod forbid hat the time should ever
come when 8 Judicial officer, how sx-
aItsd soever, shall have the power 70
command the press 70 keep silence az TO
his mis5eeds, If be is guilty Of any, and
10 send even q Satirist ike JUyENAL or
Z historian ike TACTTUs to prison, Tor
speaking the truth, when it does not tend
to obstruct the course OF justice or faint
It's source. in 8 case actually depending
before him.
The Isw is the same in America. The
csses in our Courts, OF the Nation and
States alike, establish only the prisciple
that " it Is 3 contempt punishable by at
tachmeut, to publish remarks in 3 news
paper. which have 8 tendency to preju-
dice the public lCith respect to the merits
Of q cause depending in Court" We
shall refer, for this, 10 ouly three or four
Of the principal cases.
In Pennsylvania, in Os11Gld's Case, l
Dallas 3I9, the publications punished as
for contempt, were made pending q
cause, and tended to prejudice the public
mind relative 20 the parties, and to bring
suspicion on the impartiaiity Of the
Judges. The Court held " that he who
attempts TO raise a prejudice against his
antagonist, in the minds Of those who
must ultimately determine the dispute
between them and who, for that pur-
pose, represents himself as q persecUted
man, and asserts that his judges are in
fuenced by passion and prejudice, vii
fully seeks TO corrupt the source and to
dishouor the administration OF justice.
In HoUiagst0Orth q. Duane, Wallace
-, in the Circait Court Of the United
States fo- Pennsylvania, the ibeIlous
publication was made in q Newspaper
after the csse had been tried, and the
Jury hsd found a verdict. But the cause
wss still pending, and on account Of an
Informally. was 10 be tried over again,
on the dzmgces, st the next term. The
publication assailsd the plaintiff in gross
and scauGa'us terms, abused the jury By
-reproachful splthetE, styled the verdict
Infamous, sud accused the judges Of par
tiaIity aud injustice. Il wac argued that
it was Of the least Importance THAT 3
party should proceed in bis official course
for redress, free from any influence but
that Of a regular snd standing operation
Of the law - and that " 70 secure 10 ev-
cry man the peaceful and impartial in
v-estigstiOn Of bis claims before the tri-
Buuals Of his country, the law is, that,
pending a sUH, il Is q contempt Of the
Court % publish either false accounts Of
their Judicial proceedings, or even true
ones, without proper permission, or any
other matter tending 10 Influence the
course Of justice, or reflect upon the
persons and parties concerned in its exc
cuti0n."
or course the general phrases q Sir
Wa. BLACKSTONE relied on, that = con-
tempt srose " by speaking or writing
contemptUously Of the Court or Judges
acting 10 their judicial capacity" and
by any thing that demonstrates q gross
want Of that regard and respect, which
when once Courts OF justice are deprived
Of, their authority 80 necessary for the
good order Of the kiBgdom), is entirely
lost smong the people" But these
phrases are 20 be taken with the Hmlta-
tons which the adjudged cases put upon
them. L would have been a contempt
Of the Court to publish invectves against
the debauched and venSl Judges OF
JANIS the Second, with reference to
their course snd demean0r on the trial
Of the Seven Bishops, while that case
was being heard but il was none OF
exposa the enoFmity Of their conduct
when the case had ended, though that
would have been 70 deprive them Of
regard and respect. History commits
10 contempt against the Court Of Kings
Bench when il lashes with = whip Of
scorpions the caitif memories Of JEFFE-
KIEs, ScROGs and WRIGHT.
The Court, in DUANE's case, held the
publication 10 be o contempt, expressly
on the ground that it was made while
&" the action was still depending; that it
was intended 70 degrade and Willy the
Plaintiff, and thereby lessen his dam
ages. 10 deter his COUNSEL, this Clerk Of
the Court, and the future jury, from
doing their duty, and to intimidsta the
Court itself.n And it said, az Judges
and Jurors, parties and their counsel, be
subjected, during he Pendeacy Of siats,
10 the aspersions and u~nrestrsIned pub
Hestions OF the press, what, but the de-
struetion Of GSe trial by jury, must en-
sue? IL therefore, the trial By
jury is to be preserves! il the rights Of
suitors are to be protected touching their
dearest iutsrests, Of propcrE, life or
character, Courts Of justice mest prevent
All DISCUSSIONS, all interferencs, or rehec-
tons in newspapers, while causes FTe
depending. This is equally the privilege
and security Of both parties and the
support Of it is the commoD cause OF
every vlrtuous man In the community"
In New York, in The People IS. FFeer,
l Oasues. 4s5, 5IS, the contempt consis-
ted in publishing paragraphs in q ga
respecting the trial Of CRoswELL
ror a Libel on the President, then sub jn
dee. The Court said; Publications
,eandalizing The Court, OF intending
amasly to influence, or overawe their de-
itsrations, are contempts, which they
l.st.o - nuufah nv -