The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1884-07-08

.@' 0u!So.asoA opeueu AOE tue uele1Q'
ants. He pointed out that if the provisions
Of the statute relied upon in the answer o.
the defendants were not binding upon this
Court, they were not binding upon any o.
the inferisr courts, or upon justices Of the
peace, and that this Court could not a.
same the arbitrary and uncontrolled powe,
Of Furnishing summarily for constructive
contempt without at the came time admit.
ting the existence ofauch power in q justic,
Dir. Hutchinson showed the difference
between direct contempts, or those com,
mittsd IN the face OF tho court, and con
structive contempts, embracing publica
tons supposed to reflect upon Tho court
and called attention TO the fact that, while
in England courts had punished such con,
strucli7e contempts s1mmarily, yet tina,
even there no Gaze Tor constructive con
tempt was reported prior to the American
Revolution, so that it could not be said
that the practice came TO this country az
part Of tho common law. In most OF the
| United States statutes have been enacted
divesting the courts Of such power. Whar.
toms Criminal Pleading and Practice, sec.
tons 057-o6l. He also referred to the case
Of Story We. The People, 70 III. Is, as hold.
ing that the court would not exercise these
common law powers as 10 publications
which do rot obstruct courts in the e1er.
ciss OF their functions. ' 9l-
Mr.. Hutchinson quoted largely from ;ths
proceedings upon the impeachment Of
Judge Peck, citing among the expressions
OF the Distinguished men who took part ID
that trial, Mr.. McDufiie, the eminent
lawyer and stateaman Of South Corolina,
said: II am aware that 1t may be contend.
ed, with sonte show Of FEASIBILITY, that to
punish q contempt, by the process of at.
tachment, Is not the exercise OF a criminal
power, because it is exercised in England
by the courts Of common pleas and chan.
Gerry equally with the Court Of Kin q
Bench. Bat humblyconceiye may it please
the court, that such an argument is eacri.
icing the substance Of the thing to the
mere form otprocseding. "A man Is called
up before a judge-a chancellor, ii you
please-upoa a charge Of being guilty oil
publishing libel agaiust the court, and
without any Of the forms oil proceeding in.
tended to securs fair and impartial trial
to every citizen; without either the advan.
tage Of an Indictment to appr;zs him OF
the offeuse alleged against him, or Jury to
secure him from the excited vengeance
Of tie offended chancellor, he is pronounc.
ed guilty Of false and malicious
libel, and subjected to as high pun.
ishment, nay, 10 a higher punishment
than could n be legally inflicted BY q
court Of general criminal jurisdiction,
after solemn'trial and conviction by an
impartial jury OF his peers. And yet &C.
cording to the argument am answering,
though cttizsn is thus pronounced guilty
OF an infamous cff,nse, and punished with
the utmost severity oil the Law, It Is no as.
sumption OF criminal power by the court,
Tor the very extraordinary reasop, that the
sentence has been pronounced, and the
punishment inflicted, without the forms oil
q trial, and by court which is not in.
vested with a general jurisdiction to Try
and punish offsrcetl Such an argument
as this, addressed by judge to a ci,iz IN
who should complain OF the exercise Of
usurped power, would be the most out.
rsgeous mockery by which judicial tyranny
conld add insult to the injury inflicted
49, The power 10 punish 1ibels as FOL
contempts Ia not only 9 criminal power
but criminal power more dangerous tc
public liberty than any that has ever beer
exercised by our courts Of Justice; and is
therefore, the very last OF the crimina
powers which the courts Of the Uni,ed
States should assume to exercise on thu
authority Of tho common law OF England. ;
With regard to the inherent power o
courts TO punish for contempt, Nj. Nc
Duffee said: Ia Y, 4 = b y. -. 2-slif. &
"The administration OF justice must b
actually obstructed. 1t will not do I,
rely upon a mere constructive interference
impeding the course Of justice by some tsr
fetched implication. am aware that &c,