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Updated: June 15, 2025
"The power given to the Supreme Court," he says, "to construe the Constitution, to enforce its provisions, to preserve its limitations, and guard its prohibitions, is not political power, but is judicial power alone because it is power exercisable by that court only in the discharge of the judicial function of hearing and deciding causes in their nature cognizable by courts of law and equity."
But as theft or murder does not deprive a member of his privileges, complaints of this nature are only cognizable by the Assembly, which, being yet in its first days of regeneration, is rather scrupulous of defending such amusements overtly.
The attitude of the government is clearly expressed in a despatch of July eighth from the minister of war, Lajard, to Maillard, commander of the Ajaccio garrison. The misdeeds of Quenza and Buonaparte were of a civil and not a military nature, cognizable therefore under the new legislation only by ordinary courts, not by military tribunals.
The shapes and forms that follow the working as its results or products, whether the shapes cognizable by sense or the forms distinguished by the intellect, are after all but the particularizations of this working; its proper names, as it were, as John, James, Peter, in respect of human nature.
Similarly the Statute of Praemunire by which it was forbidden under the penalty of forfeiture and outlawry to bring cases cognizable in the English courts before foreign courts, or to introduce into the realm provisions, reservations, or letters contrary to the rights of the king or his subjects, was passed to prevent an undoubted abuse at the time, and was enforced rarely as the frequent appeals to Rome amply prove.
"Did any body ever hear of the presentment of a grand jury in a case where a court-martial set for the trial of a military offense, or the trial of a person charged with any offense cognizable before it?
Substantiæ Secundæ of any kind were bad enough, but such Substantiæ Secundæ as τὸ ὄν, for example, and τὸ ἔν, standing for peculiar entities supposed to be inherent in all things which exist, or in all which are said to be one, were enough to put an end to all intelligible discussion; especially since, with a just perception that the truths which philosophy pursues are general truths, it was soon laid down that these general substances were the only subjects of science, being immutable, while individual substances cognizable by the senses, being in a perpetual flux, could not be the subject of real knowledge.
Yet that is not what ought to have been expected of judicial tribunals. And whether such were really the intention of the convention, or the people, is, at least a matter of conjecture and history, and not of law, nor of any evidence cognizable by any judicial tribunal.
A bill was offered for laying further restrictions on pawnbrokers and brokers, that they might no longer suck the blood of the poor, and act as the accessaries of theft and robbery, which was canvassed, debated, and made its way through the lower house; but the lords rejected it as a crude scheme, which they could not amend, because it was a money-bill, not cognizable by their house, without engaging in a dispute with the commons.
Gently, gently, my good lady; no such thing in my presence, as scum o' the earth. Catty. Well, Scotchmen, if your honour prefars. Mr. Carv. Irrelevant in toto, madam; for buckeens and spalpeens are manners or species of men unknown to or not cognizable by the eye of the law; against them, therefore, you cannot swear: but if you have any thing against Philip McBride Catty.
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