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TWENTY-FIRST CONGRESS. Sess. II. Ch. 103. 1831.

Cases for sum-mary proceed-ings.

Cases for in-dictment.

courts of the United States to issue attachments and inflict summarypunishments for contempts of court, shall not be construed to extend toany cases except the misbehaviour of any person or persons in the pre-sence of the said courts, or so near thereto as to obstruct the administra-tion of justice, the misbehaviour of any of the officers of the said courtsin their official transactions, and the disobedience or resistance by anyofficer of the said courts, party, juror, witness, or any other person orpersons, to any lawful writ, process, order, rule, decree, or command ofthe said courts.

Sec. 2. And be it further enacted , That if any person or persons shall,corruptly, or by threats or force, endeavour to influence, intimidate, orimpede any juror, witness, or officer, in any court of the United States ,in the discharge of his duty, or shall, corruptly, or by threats or force,obstruct, or impede, or endeavour to obstruct or impede, the due adminis-tration of justice therein, every person or persons, so offending, shall beliable to prosecution therefor, by indictment, and shall, on convictionthereof, be punished, by fine not exceeding five hundred dollars, or byimprisonment, not exceeding three months, or both, according to thenature and aggravation of the offence.

Approved, March 2, 1831.

Statute II.

March 3, 1831. Chap. CIII .—An Act making appropriations for building lighthouses , lightboats ,[Obsolete.] beacons , and monuments , and placing buoys .

Be it enacted by the Senate and House of Representatives of the UnitedStates of America, in Congress assembled , That the following appropria-tions be, and the same are hereby, made, and directed to be paid out ofany money in the treasury not otherwise appropriated, to enable the Sec-retary of the Treasury to provide, by contract, for building lighthouses,lightboats, beacons, and monuments, and placing buoys, to wit:

One who was not a Quaker, who refused to be sworn as a witness, on the ground of conscientiousscruples, arising from a declaration formerly made, was committed, by the circuit court of Massachu-setts for a contempt of the court; the liberty to affirm being strictly confined to Quakers , by the lawand practice of Massachusetts. The United States v . Coolidge, 2 Gallis. C. C. R. 364.

That a counsellor, practising in the highest court of the state of New York , in which he resides, hadbeen struck off from the roll of counsellors of the district court of the United States for the northerndistrict of New York , by the order of the judge of that court for a contempt, does not authorize theSupreme Court to refuse his admission as a counsellor of the Supreme Court . Ex parte Tillinghast,4 Peters, 108.

The Supreme Court does not consider the circumstances upon which the order of the district judgewas given within its cognisance; or, that it is authorized to punish for a contempt, which may havebeen committed in the district court of the northern district of New York . Ibid.

If, from any collateral evidence, it should appear that there is reason to believe the respondent hasperjured himself, the circuit court will recognise him to answer at the next term of the court, to suchmatters as may be found against him. United States v. Dodge, 2 Gallis. C. C. R. 313.

Unfair practices towards a witness who is to give testimony in court, or oppression under colour ofits process, although those practices and that oppression were acted out of the district in which thecourt is sitting, may be punished by attachment, provided the person who has thus demeaned himselfcomes within the jurisdiction of the court. But, it is also believed that this mode of punishment oughtnot to be adopted, unless the deviation from law could be clearly attached to the person against whomthe motion was made ; and unless the deviation were intentional; or unless the course of judicial pro-ceeding were or might be so affected by it as to to make a punishment in this mode obviously conduciveto a fair administration of justice. 1 Burr’s Trial, 355.

Any publication, pending a suit, reflecting upon the court, the jury, the parties, the officers of thecourt, the counsel, &c., in reference to the suit, or tending to influence the decision of the contro-versy, is a contempt of the court, and punishable by attachment. Hollingsworth v . Duane, Wallace’sC. C. R. 77.

For contempts to inferior jurisdictions, not of record, nor having a general power to fine and im-prison, unless committed in presence of the officer, and punished instanter, there is no other mode ofpunishment than by indictment. Ibid.

It is not a contempt to serve a party, while attending at the court as a party in the cause, or as awitness, with a summons. The privilege extends to exemption from arrest, but no further. Blight’sEx’rs v. Fisher et al., Peters’ C. C. R. 41.

It is a contempt of court to serve process, either of summons or capias, in the actual or constructivepresence of the court. Ibid.