The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1884-10-11
MIR. HrTClllNSON'S ARGl MEST,
LII which James buchanan rise. up to Con,
denim judicial usurpets.

" '" ">"'s hnchhhah rises up To Com
denim Juiicini usurpsts.
Mr. Hutchinson opened for thu defend.
ants. He pointed ont that il the provisions
OF the statute relied upon in the answer OF
The defendants were not binding upon this
court, they were not binding upon any Of
the inferior courts, or upon justices OF the
peace. and that this Court could not uss,,un
The nrhitr.ry and uncontrolled power OF
furnishing s,lmtrnrily Tor ~ constructive
contempt without at the same time admit.
tli!s The existence Of such powrrin Justice.
MIR. Hutchinson quoted largely from tie
proceedings UPON the impeachment OF
Judge Peek citing among the expressions
OF the distinguished men who took part in
that trial, Mr.. AtcDutlc. the eminent lawyer
and Statrsn,an ni South Carolina, snid:
According to the argument am answer.
my, thonT, A citizen is thus pronouncc,
gnllty Of an Infamous o!lrnse, and punished
with the utmost severity Of the Inv. il il
no assumption Of criminal power by the
court, for the very extraordinary REASON
that the sentence has been pronounced
and the punishment inflicted, without tho
forms OF Il trial and by n court which is no,
invested with general jurisdiction 10 try
and punish otltnses! Such MI argument
as this. addressed by II judge to citizen
who should complain OF the exercise Of
usurpel power, would be the most ont.
rlseeous mockcry by which Judicial tyranny
could add insult 10 the, injury inflicted,
The power to punish libels ms for
contempts is not only a criminal power,
but u criminal power more dangerous ia
public liberty than my that hns ever been
exercised 10y our courts OF justice; and is,
Therefore, the very last OF the criminal
powers which the courts Of the United
States should aSsllme to exercise on thu
authority OF the common law OF England
The administration OF Justice must be
actually obStructed, 1t will not do to RELY
upon \ mere constructive interference, I'M.
pedlnE the course OF justice by some far.
fetched implication.
Mr. buchanan, afterwards President OF
The United Sttirs, in the salnn case saia:
Tile Constitution and the laws OF the
several SE,les h:lyr cnuirrrrI upon iurirs
under TIN. advice Of the Court. the trial Of
The crime ol libel y jury is the only ,r;-
bunal to which the liberty Of the prrss can
be safely entrusted. To allow tlr iu,li-
ciary to dispense with this tribunal when.
eyer my publication has been n,ulc aiItYi-
lng the dignity or the official conduct Of n
Judge, il IL cirate u privileged class Of men
iii the State whose will is law, and who are
not only Judges in their own cause Of The
guilt OF the accused, but also Of the extent
Of bis punishment. Snrh y power, 50 iar
as il goes. 'artakc5 OF the very essence aud
Elnkn,ss 4 'l,Spotism.'
Among li~ first statutes on the subicc,
WIS that passed. by Congress limiting the
power 0i courts To sl,innurly punish for
contempt. to rI,srs 81 misbrl,ayioy in the
presence Of tue rourt, ar on the part OF its
officers, and 10 dispbuljcnrc Of It's orders,
The sta.ulrs passed in the severn, States
Resembles Ibis, Dmong them the statute Of
West Virginia, referred to in the answer.
which l,ns lTen in ione in Virginia and in
this State ever sine ISL. The Virginia
statute WIS held valid and binding in tho
csse ot the Commonwealth VS.. Deskens, :,
Leigh. 6SS.
Tile defendants relied upon the pnvis.
ions Of the Siair bill oi rights. that no per.
son slafi he deprived OF life, liberty or
properly without lnc process Of law, and