He can of course control the entire proceedings in,
and consequently the decision of, every cause, by restraining and
punishing every one, whether party, counsel, witness, or juror,
who presumes to offer anything contrary to his pleasure.
This arbitrary power, which has been usurped and exercised by
judges to punish for contempt, has undoubtedly had much to do in
subduing counsel into those servile, obsequious, and cowardly
habits, which so universally prevail among them, and which have
not only cost so many clients their rights, but have also cost the
people so many of their liberties.
If any summary, punishment for contempt be ever necessary, (as it
probably is not,) beyond exclusion for the time being from the
court-room, (which should be done, not as a punishment, but for
self-protection, and the preservation of order,) the judgment for it
should be given by the jury, (where the trial is before a jury,) and
not by the court, for the jury, and not the court, are really the
judges.
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