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Updated: May 26, 2025
His Fontainebleau decree of October 18th, 1810, ordered that all such goods should be seized and publicly burnt; and five weeks later special tribunals were instituted for enforcing these ukases and for trying all persons, whether smugglers caught red-handed or shopkeepers who inadvertently offered for sale the cottons of Lancashire or the silks of Bengal. The canon was now complete.
As to the Planters' Bank bonds, however, the repudiation of which was shown to have been justified by Mr. Nor is there any force in the suggestion, that these questions were decided before Mr. Davis came into public life. They were continuous questions, constantly discussed in the press and before legislative and judicial tribunals.
The monarch could send no one to jail, or exile him, or cut off his head, except in accordance with law; and the laws could deprive no one of personal liberty without sufficient cause, determined by judicial tribunals. And yet this splendid exterior was deceptive. The traveller saw only the rich or favored or well-to-do classes; there were toiling and suffering millions whom he did not see.
In the former case, if retaken, they are condemned as emigrants; and in the latter they incur the risk that those to whom they have already given a part of their possessions will also require the remainder, and having obtained it, to enjoy in security the spoil, will send them to the tribunals and to death.
It aspires to legal, not extra-legal plunder. It is of the law itself, like monopolists of all kinds, that it wants to make an instrument; and when once it has the law on its side, how will you be able to turn the law against it? How will you place it under the power of your tribunals, your gendarmes, and of your prisons? What will you do then?
In the first, the principle of law, that the judge is to decide on law, the jury to decide on fact, is an ancient and venerable principle and maxim of the law, and if supported in this application by precedents of good times and of good men, the judge, if wrong, ought to be corrected; he ought not to be reproved, or to be disgraced, or the authority or respect to your tribunals to be impaired.
This appellate jurisdiction was due in theory partly to the doctrine that the king was the origin of justice; and partly to the idea that political matters could not safely be left to ordinary tribunals.
All the stars are ranged into constellations, and an emperor is installed over them, who resides at the North Pole; five monarchs also live in the five stars in Leo, where is a palace called Wu Ti Tso, or 'Throne of the Five Emperors. In this celestial government there are also an heir-apparent, empresses, sons and daughters, and tribunals, and the constellations receive the names of men, animals, and other terrestrial objects.
That Count Hahnke should have been selected for this duty, and that a military prison, rather than the ordinary house of detention, should have been chosen for the incarceration of Baron Kotze, must be ascribed to the fact that the latter was at the time a captain of cavalry on the reserve lists, and that in a military prison the authority of the emperor, as head of the army, is supreme and absolute, which cannot be said of the ordinary civil prisons, the officers of which are subject above everything else to the tribunals and to the laws of the land.
It would show also that the judicial tribunals, whenever it suited their purposes to do so, were in the habit of referring to Magna Carta as authority, in the same manner, and with the same real or pretended veneration, with which American courts now refer to the constitution of the United States, or the constitutions of the states.
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