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Updated: May 5, 2025
The latter shall be the commandant of the Zone, if the accused be of the grade of sergeant or less, and the senior commandant if he be of the grade of lieutenant or higher. This court shall conduct the trial in the form customary in the Provincial courts, but the judgment shall be appealable to the higher courts of war.
"And then," said one of the participants later, "in order to provide a means by which the Constitution could govern ... we of the South, conscious that we were right, the North asserting the same confidence in its own doctrines, agreed that every question touching human slavery or human freedom should be appealable to the Supreme Court of the United States for its decision."
Thereupon, several of the parties thus held up by this highway procedure, upon proof and affidavits, moved the court to vacate these orders, which applications were denied, as were the petitions to the court for the allowance of an appeal from its orders granting the injunctions and appointing the receiver, the court holding that its orders were not appealable, and, in effect, that its jurisdiction in the matter was exclusive.
I do not know what form the proceedings in Canada have taken; but I apprehend the proceedings are civil, not criminal, and therefore appealable. If it does come here, it will be a matter of great interest. The reference is to the celebrated case of John Anderson or Jack a negro of Missouri, who, in 1853, had been met by one Diggs, a white man, thirty miles away from his home.
There's no use fighting in this court any longer, for the Judge won't let us work the ground ourselves, even if we give bond, and he won't grant an appeal. He says his orders aren't appealable. We ought to send Wheaton out to 'Frisco and have him take the case to the higher courts. Maybe he can get a writ of supersedeas."
In matters involving an amount exceeding $250 it was lawful to institute proceedings in the action whereby the decision of the main issue was suspended pending decision of the proceedings, and as a decision was appealable to the audiencia, this was often done by attorneys who had an interest in delaying the suit. By instituting one proceeding after another a suit could be indefinitely prolonged.
Nothing is appealable to the magistrate but what is under the power of the sword; but admonition, excommunication, &c., are not under the power of the sword: they are neither matters of dominion nor coercion. 2. If it were so, then it follows that the having of the sword gives a man a power to the keys. 3.
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