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Updated: June 6, 2025
It had even on one occasion been decided in the Court of Common Pleas that an action of trover could be maintained for a negro, "because negroes are heathens;" though Chief-justice Holt scouted the idea of being bound by a precedent which would put "a human being on the same footing as an ox or an ass," and declared that "in England there was no such thing as a slave."
The Lord Chief-Justice summed up, with an evident bias in favour of the defendant. He said an undue apprehension of the rights of an audience had got abroad. Even supposing the object of the rioters to be fair and legal, they were not authorized to carry it by unfair means.
A prolonged stir went through the court; the accused man turned pale, and his eyes assumed a fixed look. The chief-justice did not take his eyes off him. A few more unimportant questions, and then Paul was allowed to sit down. His mother and sisters were called, but what they could tell was of no importance. The sisters looked round inquisitively, almost boldly.
We soon parted; Johnson and Douglas taking the boat to Sacramento, and I to San Francisco. The Chief-Justice, Terry, came to San Francisco the next day, issued a writ of habeas corpus for the body of one Maloney, which writ was resisted, as we expected. The Governor then issued his proclamation, and I published my orders, dated June 4, 1855.
Indeed, in San Francisco, as soon as it was demonstrated that the real power had passed from the City Hall to the committee room, the same set of bailiffs, constables, and rowdies that had infested the City Hall were found in the employment of the "Vigilantes;" and, after three months experience, the better class of people became tired of the midnight sessions and left the business and power of the committee in the hands of a court, of which a Sydney man was reported to be the head or chief-justice.
Lincoln's Sale of Effects Thurlow Weed's Criticism Impeachment of President Johnson General Thomas Appointed Secretary of War The High Court of Impeachment, Chief-Justice Chase Presiding Elaborate Argument by Mr. Evarts His Review of Republican Assertions The Verdict Close of the Administration.
In his life of Lord Camden, who was Chief-justice of the Common Pleas at the time, Lord Campbell expresses a warm approval of this resolution, as one "which would now be considered conclusive evidence of the law."
Even if that were the object of its framer, it only coincided with the view of the peers themselves, a very considerable majority of whom had, a few weeks before, rejected a motion made by Lord Shelburne for the appointment of "a committee of members of both Houses to examine without delay into the public expenditure," principally on the ground urged by the Secretary of State, Lord Stormont, and by several other peers, that "to inquire into, reform, and control the public expenditure" would be an improper interference with the privileges of the Commons; the Chief-justice, Lord Mansfield, even going the length of warning his brother peers that such interference might probably lead the Commons "to dispute in their turn the power of judicature in the last resort exercised by the peers."
But this quiet was soon broken, never to be resumed, and though the great office of Chief-Justice was in store for him, it was to be reached by the path of statesmanship and not of jurisprudence. If it had seemed ever to Mr.
"Prisoner at the bar," said the chief-justice, "you hear the statement of counsel. Is it your desire to commit the management of your defence to your next of kin?" "To anybody, your honors, if the court please," returned Noah, furiously masticating his beloved weed; "to anybody who will do it well, my honorables, and do it cheap."
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