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Updated: May 9, 2025
The next day, however, there was a rehearing of the case, when he was returned to the gaol, where he was to lie till the Lords of the Admiralty should order a sessions to be held for the trial of offences committed on the high seas.
A convention was signed with Mexico on July 13, 1882, providing for the rehearing of the cases of Benjamin Well and the Abra Silver Mining Company, in whose favor awards were made by the late American and Mexican Claims Commission. That convention still awaits the consent of the Senate.
These words were used in the first argument, but on the rehearing the present Chief Justice waxed warm in remonstrating against the unfortunate position in which his brethren placed the Court before the nation, protesting with almost passionate earnestness against the reversal by half-a-dozen judges of what had been the universally accepted legal, political, and economic policy of the country solely in order that "invested wealth" might be read "into the constitution" as a favored and protected class of property.
This gave just occasion for a new complaint and demand of justice against him and them. For as soon as William Penn returned to London, he in print exhibited his complaint of this unfair dealing, and demanded justice by a rehearing of the matter in a public meeting to be appointed by joint agreement.
They told him that the others had confessed and been punished; a hundred men had admitted the facts. He did not know then that the charge against him was conspiracy to murder. He determined to make a false confession, to escape torture. He was worn out with the ceaseless questioning, and he was afraid. The rehearing in the Court of Appeal lasted fifty-one days.
That article, by depriving an arbitral award of finality and conferring the power of review on a political body with authority to order a rehearing, shows that the President believed that more complete justice would be rendered if the precepts and rules of international law were in a measure subordinated to political expediency and if the judges were not permitted to view the questions solely from the standpoint of legal justice.
But, to my mind, a provision, far more objectionable than the antiquated and unsatisfactory method of arbitration provided, was that which made an arbitral award reviewable on appeal to the Body of Delegates of the League, which could set aside the award even if the arbitrators had rendered a unanimous decision and compel a rehearing before other arbitrators.
In the city Noah Wicker toiled laboriously over his first case which had been granted a rehearing, and set for November the sixth. At the Capitol, Donald Morley sat day after day, coatless, collarless, in the torrid confines of his small bedroom, furiously covering reams of paper with compact handwriting.
In Michigan only five out of the eight judges sit to hear a case, and if one of them files an opinion dissenting from that of his associates, the losing party can demand a rehearing before the full court. Neither the bar nor the bench are quite satisfied with such methods of appellate procedure.
On March 21, the second of the two new judges received his commission, and precisely ten days afterward the Attorney-General moved for a rehearing, taunting the Chief Justice with having changed his opinion on this point, and intimating that the issue was in reality political, and not judicial at all. In the December Term following Knox v.
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