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Updated: August 14, 2024
I went to beg a dinner from Madame Manzoni, who laughed heartily at the realization of her prediction. After dinner I called upon M. Rosa to see whether the law could protect me against the tyranny of my enemies, and after he had been made acquainted with the circumstances of the case, he promised to bring me the same evening, at Madame Orio's house, an extra-judicial act.
Any kind of extra-judicial inquisition conducted at this time of day by Commissioners appointed by the Government, with the view of ascertaining what part this or that claimant for indemnity may have taken in 1837 and 1838, would have been attended by consequences much to be regretted, and have opened the door to an infinite amount of jobbing, false swearing, and detraction.
The secrecy of the order, taken in connection with the principle of hierarchal concentration, and with the administration of extra-judicial oaths of obedience and secrecy, renders it, as a system, liable to great abuses in the perversion of justice, in the overriding of national law, and the claims of patriotism.
He had already rendered the bogus Legislature the important service of publishing an extra-judicial opinion, sustaining their adjournment from Pawnee to Shawnee Mission.
"Do you mean to tell me that this Judge Witberg will violate the sacredness of his office and oath by letting this brute off?" Watson demanded. "Watch him," was the grim reply. "Oh, he'll do it nicely enough. He will give an extra-legal, extra-judicial decision, abounding in every word in the dictionary that stands for fairness and right." "But there are the newspapers," Watson cried.
The case does not, however, seem to have been regularly argued before them; there is no trace of their having been assisted in their deliberations by counsel on either side, and their extra-judicial opinion was clearly destitute of any formal authority; so that it came before Parliament in some degree as a new question.
The Illinois Republican Convention, June 16. 1858, expressed "condemnation of the principles and tendencies of the extra-judicial opinions of a majority of the judges," as putting forth a "political heresy." Holland, 159.
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