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Updated: June 1, 2025
Admitting that the adoption of the laws of Maryland for a portion of this District confers on the circuit court thereof, in that portion, the transcendent extrajudicial prerogative powers of the court of king's bench in England, or that either of the acts of Congress by necessary implication authorizes the former court to issue a writ of mandamus to an officer of the United States to compel him to perform a ministerial duty, the consequences are in one respect the same.
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.
Admitting that the adoption of the laws of Maryland for a portion of this District confers on the circuit court thereof, in that portion, the transcendent extrajudicial prerogative powers of the court of king's bench in England, or that either of the acts of Congress by necessary implication authorizes the former court to issue a writ of mandamus to an officer of the United States to compel him to perform a ministerial duty, the consequences are in one respect the same.
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.
I protest against this whole proceeding of the House of Representatives as ex parte and extrajudicial. I protest against it as subversive of the common right of all citizens to be condemned only upon a fair and impartial trial, according to law and evidence, before the country.
Great murder and bloodshed, so that the land is defiled with blood, and that not only the blood of the Lord's people, who, in the times of persecution, were led forth like sheep to the slaughter, because of their adherence to their duty, and refusing conformity with wicked courses and subjection to wicked laws, eversive of their covenant engagements, not yet mourned over, nor purged away by the blood of those that shed it; but likewise many through the land are murdered frequently, and the murderers are not prosecuted with due severity: nay, such are the methods that are now taken to embolden the wicked in that and all other crimes, that whatever presumptions of guilt may be had, or how ample confession soever be made, if it be extrajudicial, and the very fact not proved by witnesses, the delinquent is passed over and absolved as a well-doer, and many actually convicted of murder are indemnified and let pass unpunished.
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.
"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.
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