Tom C. Clark

“ The only laws existing in colonial Rhode Island which in any way concerned contempt of court were confined to the punishment of witnesses and jurors for failure to appear in court. An Act which was in force in 1798 but which probably dated back to 1729, provided that if a witness failed to appear, the court could bring him before it by writ of attachment and impose a fine not exceeding $20 and place the witness in prison until the fine was paid. ”

“ The Court of Appeals, being evenly divided on the question of right to jury trial, has certified the question [2] to this Court under the authority of 28 U.S.C. § 1254 (3) , 330 F.2d 369. We pass only on the jury issue and decide that the alleged contemners are not entitled to a jury as a matter of right.
The proceeding is the aftermath of the efforts of James Meredith, a Negro, to attend the University of Mississippi. Meredith sought admission in 1961 and, upon refusal, filed suit in the United States District Court for the Southern District of Mississippi. ”

“ In this State, all judges are elected by the people, and hold their authority, in a double sense, directly from them; the power they exercise is but the authority of the people themselves, exercised through courts as their agents. ”

“ The least that was required was an open apology, and the court often added a fine, or commitment to prison, usually to last until bond for good behavior was furnished. Sometimes an hour or two in the stocks was prescribed.' At 171-172. [27] Scott concludes: 'On the whole, a review of the attitude of the Virginia magistrates would indicate that they acted reasonably and moderately. The power to punish for contempt is always open to abuse. The persons injured are judges in their own case. ”

“ The alleged contemners next assert that § 402 is applicable. They urge that since § 402 gives a jury trial to those charged with contempt in 'any court of the District of Columbia,' this would include the Court of Appeals for the District of Columbia. They argue from this that the section must be constru d to apply to all other Courts of Appeals to avoid manifest discrimination which the Due Process Clause of the Fifth Amendment prohibits and to comply with the Privileges and Immunities Clause of Art. IV, § 2 of the Constitution. We are not persuaded. ”

“ On the evening of September 24, the United States filed an ancillary action to the Meredith v. Fair litigation seeking a temporary restraining order against the State of Mississippi, Governor Barnett, the Attorney General of Mississippi, the Commissioner of Public Safety and various lesser officials. This application specifically alleged that the Governor had implemented the State's policy of massive resistance to the court's orders, by personal action, as well as by use of the State's various agencies, to frustrate and destroy the same ”

“ To imprison thieves and other rascals for years, as we do, would have cost the taxpayers dear, left the prisoners' relatives without support, and kept men idle when the community wanted man-power. Consequently, most offenders were let out after they had paid their fines and damages to the victim, or had been whipped or otherwise disgraced.' 1 Records of the Suffolk County (Mass.) Court, 1671-1680, at lxxix.↑ The type of statute most frequently found in the Colonies is that which provided for the punishment of witnesses or jurors who failed to appear in court as summoned. ”

“ Research has disclosed very few contempt cases from colonial Rhode Island. However, several cases are reported from the Court of Trials of the Colony of Providence Plantations between 1647 and 1670. In two instances where persons used contemptuous words before this court they were required to post bond of 10 pounds sterling to secure their future good behavior. I R.I.Court Records, 1647-1662, at 29, 51. A fine of five shillings was imposed upon another who used contemptuous words to the court while drunk. ”

“ Another 1715 statute provided that the judges of the provincial and county courts in Maryland could 'make such rules and orders from time to time, for the well governing and regulating their said courts * * * as to them in their discretion shall seem meet * * * (and shall enforce these rules with) such fines and forfeitures, as they shall think fit, not exceeding one thousand pounds of tobacco in the provincial court, and five hundred pounds of tobacco in the county court * * *.' I Dorsey's Md.Laws, 1692-1839 (1840 ed.) ”

“ A 1731 statute reenacted these provisions and provided that nonappearing jurors could be summarily fined 40 shillings. S.C.Pub.Laws (Grimke, 1790 ed.) , at 129, 126. Under the same Act, judges were permitted to fine up to 10 pounds for 'any misbehaviour or contempt' in court and to imprison until payment was made; and if any person used violence in the courts, the judge could fine at his discretion and imprison until payment was made. ”

“ The Records of the Courts of Quarter Sessions and Common Pleas of Bucks County, Pennsylvania, 1684-1700, report several contempt attachments. Thomas Coverdale was fined five shillings for coming into court drunk. (At 111.) Nine jurors were fined five shillings apiece for their failure to appear as summoned. (At 391.) Two others were fined three shillings apiece for the same offense. (At 211.) And there are three reports of one Richard Thatcher being committed for abusing the justices on the bench. ”

“ See also the 1767 charge to the grand jury of the chief justice of that court, in which he said that ' (t) o strike a Man in the King's Court will subject the Offender to the Loss of his Hand and Imprisonment for Life,' and implying that such sentence could be given by the court summarily. Id., at 245.
NEW HAMPSHIRE.
The only relevant statutes existing in eighteenth century New Hampshire that our research has uncovered were those directed toward witnesses and jurors. ”