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Updated: August 14, 2024
To accomplish these contradictory results, the Chief Justice began, rather after the manner of Marshall in Marbury v. Madison, by an extra-judicial disquisition. The object of this disquisition was to justify his admission of the evidence of reasonableness as a defence, although it was not needful to decide that such evidence must be admitted in order to dispose of that particular cause.
And the said Warren Hastings, by his declaration, entered in Minutes of Council, "that it was his determination to abide by the opinion of the judges," and by the measures he had previously taken as aforesaid to enforce the same by arms, did risk all the dangerous consequences above mentioned: which must have taken place, if the said General Clavering and Philip Francis, Esquire, had not been more tender of the public interests, and less tenacious of their own rights, and had persisted in their claim, as they were by law entitled to do, the extra-judicial interposition of the judges notwithstanding; and from which claim they receded only from their desire to preserve the peace of the settlement, and to prevent the mischiefs which the illegal resistance of the said Warren Hastings would otherwise infallibly have occasioned.
See the superior deference paid to females, the unfrequency of bullying, the absence of blackguarding, the higher tone of this public press, and of society in general, from which the public press takes its tone, and which it represents in our country, but does not often inform. Even seduction is a rare offence, and a matter of general exclamation, where this extra-judicial agent is recognised."
Smit by the sunbeams, or rather by the moonbeams, of self-discovery, the Sphinx of modern times will reveal in weird and superhuman music the mystery of her existence. No one with a soul to appreciate the extra-judicial utterances of Mr.
It refers to extra-judicial and gratuitous statements that had nothing to do with the trial, made a month after Burroughs had passed out of Court and out of the world, beyond the reach of all tribunals and all Magistrates. It was not true that "there were two testimonies" to the facts alleged, at the trial, which, and which alone, Mather was professing to report.
And she gathered together in a body all those extra-judicial little pleasures of that sweet language, which come indeed from the lips, yet make no noise, and practised them so well, that she died a virgin and perfect in shape.
She cannot multiply her securities too much; and as to our security, it is to be found in hers. Had we cherished her from the beginning, and felt for her when attacked, she, poor, good soul, would never have invaded any foreign nation, never murdered her sovereign and his family, never proscribed, never exiled, never imprisoned, never been guilty of extra-judicial massacre or of legal murder.
Hence, he prepared his preliminary and extra-judicial essay on the human reason, of whose precise meaning, I must admit, I still, after many perusals, have grave doubts. I sometimes suspect that the Chief Justice did not wish to be too explicit.
"You are desirous," he wrote, "that I should express an opinion from the bench on the present state of this Court, but it appears to me any opinion of that sort would be extra-judicial. No one but His Majesty's Representative has any right to ask for the opinion of a Judge where no cause or regular motion, according to the practice of the Court, is pending before him."
The tax, whose final purpose, as we have shown, is the reward of the non-producers, but whose original idea was a restoration of the laborer, the tax, under the system of monopoly, reduces itself therefore to a pure and simple protest, a sort of extra-judicial act, the whole effect of which is to aggravate the situation of the wage-worker by disturbing the monopolist in his possession.
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