As to "process of attachment for contempt," it is of course lawful
for a judge, in his character of a peace officer, to issue a warrant
for the arrest of a man guilty of a contempt, as he would for the
arrest of any other offender, and hold him to bail, (or, in default of
bail, commit him to prison,) to answer for his offence before a
jury. Or he may order him into custody without a warrant when the
offence is committed in the judge's presence.
But there is no reason why a judge should have the power of
punishing, for contempt, any more than for any other offence. And
it is one of the most dangerous powers a judge can have, because it
gives him absolute authority in a court of justice, and enables him
to tyrannize as he pleases over parties, counsel, witnesses, and
jurors. If a judge have power to punish for contempt, and to
determine for himself what is a contempt, the whole administration
of justice (or injustice, if he choose to make it so) is in his hands.
And all the rights of jurors, witnesses, counsel, and parties, are
held subject to his pleasure, and can be exercised only agreeably
to his will.
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