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Even where, as in some of the cases, expiation seems to be intended rather than vengeance, the object is equally remote from an extrajudicial distress. The foregoing history, apart from the purposes for which it has been given, well illustrates the paradox of form and substance in the development of law. In form its growth is logical.
This we reported to the governor, and reminded him of the inconveniences which, as we had represented to him, would follow from such restitution; and he, while acknowledging this, talked of availing himself of extrajudicial measures to hinder those that were judicial; consequently we were interdicted from the church for several days.
"If you design," said Sir William Ashton, "to found any legal claim on that paper, sir, do not expect to receive any answer to an extrajudicial question." "Sir William Ashton," said Ravenswood, "I pray you, and all who hear me, that you will not mistake my purpose.
In the case of Kansas they have sought by force of arms to assert the right of bringing slaves into a free territory, and in the Dred Scott case they obtained an extrajudicial opinion from the Supreme Court, which would have placed all the territories at their disposal. All this while the North has been resisting, feebly and ineffectually, this succession of Southern aggressions.
Thus, by the side of the regular courts of law which prescribe specific penalties for defined offences proved against a man by a regular form of trial, arbitrary governments resort to various extrajudicial forms of arrest, detention, and punishment, depending on their own will and pleasure.
The bill which finally passed enlarged and made permanent the Freedmen's Bureau. It was promptly vetoed by President Johnson, as "unconstitutional," "unnecessary," and "extrajudicial," and failed of passage over the veto.
He it was who, being speaker in the king's third parliament, had left the chair, and refused to put the question when ordered by the house. The extrajudicial opinion of the judges in the case of ship money had been procured by his intrigues, persuasions, and even menaces.
In the present case, therefore, letting the extrajudicial confession go, as it ought to go, for nothing," he contended, "the prosecutor had not made out the second quality of the statute, that a live child had been born; and that, at least, ought to be established before presumptions were received that it had been murdered.
Of extrajudicial confession, all authorities held with the illustrious Farinaceus and Matthaeus, 'confessio extrajudicialis in se nulla est; et quod nullum est, non potest adminiculari. It was totally inept, and void of all strength and effect from the beginning; incapable, therefore, of being bolstered up or supported, or, according to the law phrase, adminiculated, by other presumptive circumstances.
But that the Scottish law designed that a certain weight should be laid on these declarations, which, he admitted, were quodammodo extrajudicial, was evident from the universal practice by which they were always produced and read, as part of the prosecutor's probation.
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