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The error, or what I humbly suppose to be the error, in the judgment of the court below, consists in that court's having thought, that, although Congress might act, it had not yet acted, in such a way as to confer a right on the appellant; whereas, if a right was not given by this law, it never could be given. No law can be more express.
If the cause be adjudged in the Vice-Admiralty Court, it is usual, on entering the appeal there, to procure a copy of the proceedings, which the appellant sends over to his correspondent in, England, who carries it to a proctor, and the same steps are taken to procure and send the inhibition as when the cause has been adjudged in the High Court of Admiralty.
The advocates of society, like the people's advocates, are disciplined in the practice of truth and justice, and if they think that there is anything in the case in favour of the appellant they are honourably bound to state it to the tribunal. This is done in the interest both of justice and of society itself, which might otherwise be injured in the person of one of its members.
"The right of appeal must be restrained, that causes may not be transferred without end from court to court; and a peremptory decision must, at last, be made. "When an appeal is made to a higher court, the appellant is allowed only four weeks to frame his bill, the judge of the lower court being to transmit to the higher all the evidences and informations.
Daldwin being called for the appellant, swore that at nine o'clock in the morning he was at Mr. Payne's and saw the prisoner and the deceased quarrelling, that he looked maliciously and was an ill-natured fellow. Here the counsel of the appeal rested their proof, and the prisoner made no other defence than absolutely denying the fact.
Samuel Sleeman this was the Superintendent's name appellant against Isaac Adamson, drunk and disorderly; Ditto against Duncan McPhae, drunk and disorderly; Ditto against Henry James Walters, drunk and disorderly; Ditto against Selina Mary Wilkins, drunk on licensed premises; Ditto against Mary Curtis, drunk on licensed premises; Ditto against Solomon Tregaskis, drunk on highway. . . . There were no less than twenty-four names on the list; and each was the name of a retainer or pensioner of Sir Felix those aged Arcadians of Kirris-vean.
Ex senioris consilio, scabiosos leprososque, si qui sint inter eos, conquirunt, qui manos asperas callossasque habeant ut apræhensa facilius queant ritenere. Hos homines ipsi caracaracoles appellant. Venatum proficiscuntur: ex multis quas capiebant quatuor tantum retinent; pro feminis illis uti adnituntur, carere feminea natura comperiunt. Iterum accitis senioribus, quid facieudum consulunt.
But, as this action is often highly important in its results, and places the appellant and the lodge in an entirely different relative position, I have deemed its consideration worthy of a distinct chapter. During the pendency of an appeal, the sentence of the subordinate lodge is held in abeyance, and cannot; be enforced.
"Is the appellant Lewis Pyneweck in court?" asked Chief-Justice Twofold, in a voice of thunder, that shook the woodwork of the court, and boomed down the corridors. Up stood Pyneweck from his place at the table. "Arraign the prisoner!" roared the Chief: and Judge Harbottle felt the panels of the dock round him, and the floor, and the rails quiver in the vibrations of that tremendous voice.
Let us suppose that one of the brethren feels himself aggrieved by the decision of the Classis of Amoy and appeals to the Particular Synod of Albany, and thence to General Synod. He will not be denied the right to such appeal. But, in order that the appeal may be properly prosecuted and disposed of, the appellant and the representative of Classis should be present in these higher courts.
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