VI

As to the general question of a judge’s right to inflict arbitrary

punishment for words that he may be pleased to hold disrespectful to

himself or another judge, I do not myself believe that any such right

exists; the practice seems to be merely a survival—a heritage from the

dark days of irresponsible power, when the scope of judicial authority

had no other bounds than fear of the king’s gout or indigestion. If in

these modern days the same right is to exist it may be necessary to

revive the old checks upon it by restoring the throne. In freeing us

from the monarchical chain, the coalition of European Powers commonly

known in American history as the valor of our forefathers stripped us

starker than they knew.

Suppose an attorney should find his client’s interests imperiled by a

prejudiced or corrupt judge—what is he to do? Denied the right to make

representations to that effect, supporting them with evidence where

evidence is possible and by inference where it is not, what means of

protection shall he venture to adopt? If it be urged in objection that

judges are never prejudiced nor corrupt I confess that I shall have no

answer: the proposition will deprive me of breath.

If contempt is not a crime it should not be punished; if a crime

it should be punished as other crimes are punished—by indictment

or information, trial by jury if a jury is demanded, with all the

safeguards that secure an accused person against judicial blunders

and judicial bias. The necessity for these safeguards is even greater

in cases of contempt than in others—particularly if the prosecuting

witness is to sit in judgment on his own grievance. That should, of

course, not be permitted: the trial should take place before another

judge.

The public ear is served with rather more than just enough of nonsense

about “attacks upon the dignity of the Bench,” “bringing the judiciary

into disrepute” and the rueful rest of it. I crave leave to remind

the solicitudinarians sounding these loud alarums on their several

larynges that by persons of understanding a man is respected, not for

the office that he holds, but for what he is, and that one public

functionary will stand as high in their esteem as another if as high

in character. The dignity of a wise and righteous judge needs not the

artificial safeguarding which is a heritage of the old days when if

dissent found a tongue the public executioner cut it out. The Bench

will be sufficiently respected when it is no longer a place where

dullards dream and rogues rob—when its _personnel_ is no longer chosen

in the back-rooms of tipple-shops, forced upon yawning conventions and

confirmed by the votes of men who know neither what the candidates

are nor what they should be. With the gang that we have, and under

our system must continue to have, respect is out of the question. The

judges are entitled to just as much of its forms and observances as is

needful to maintenance of order in their courts and fortification of

their lawful power—no more. As to their silence under criticism, that

is as they please. Nobody but themselves is holding their tongues.

The Collected Works of Ambrose Bierce, Volume 11 Antepenultimata · 第 33 / 92 题