Page:United States Reports, Volume 1.djvu/340

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1788.

BRYAN,Juʃtice. I ftill fay, that not having heard what has been offered in extenuation of the offences, I am incompetent to join in any opinion refpecting the punifhment. I cannot furely be fufpected of partiality to libellers: I have had my fhare of their male-violence. But, it is true, I have not fuffered much ; for thefe trifles do not wrankle in my mind.

The pronounced the judgment of the court in the following words:

M‘KEAN, C.J. –Eleazer Oʃwald: Having yefterday confidered the charge againft you, we were unanimoufly of opinion, that it amounted to a contempt of the court. Some doubts were fuggefted, whether, even a contempt of the court. Some doubts were fuggefted, whether, even a contempt of the court, was punifhable by attachment: but, not only my brethren and myfelf, but, likewife all the judges of England, think that without this power no court could poffibly exift;–nay, that no contempt could, indeed, be committed againft us, we fhould be ʃo truly contemptible. The law upon the fubject is of immemorial antiquity ; and there is not any period when it can be faid to have ceafed, or difcontinued. On this point, therefore, we entertain no doubt.

But fome difficulty has arifen with refpect to our fentence ; for, on the one hand, we have been informed of your circumftances, and on the other, we have feen your conduct: your circumftances are fmall, but your offence is great and perfifted in. Since, however, the queftion feems to refolve itfelf into this, whether you fhall bend to the law, or the law fhall bend to you, it is our duty to determine that the former fhall be on the cafe.

Upon the whole, therefore, THE COURT pronounce this fentence:–That you pay a fine of 101. to the Commonwealth ; that you be imprifoned for the fpace of one month, that is, from the 15th day of July to the 15th day of Auguft next ; and, afterwards, till the fine and cofts are paid.– Sheriff he is in your cuftody.  LESHER

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