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Updated: June 1, 2025
As an appeal always supposes the necessity of a review of the whole case, the lodge is bound to furnish the Grand Lodge with an attested copy of its proceedings on the trial, and such other testimony in its possession as the appellant may deem necessary for his defense. The Grand Lodge may, upon investigation, confirm the verdict of its subordinate.
In 1817, perhaps you remember, the law of wager by battle was unrepealed, and the rascally murderous, and worse than murderous, clown, Abraham Thornton, put on his gauntlet in open court and defied the appellant to lift the other which he threw down. It was not until the reign of George II. that the statutes against witchcraft were repealed.
The special juries, for the trial of cases in equity, and appeals from the verdicts of petit juries, were formed from the grand juries, and after the manner following: A list was furnished by the clerk of the court to the appellant and respondent. From this list each had the right to strike a name alternately the appellant having the first stroke until there remained twelve names only.
We have made up our minds; and we now propose to do him, by the blessing of God, full and signal justice. It is to be observed that the appellant in this case does not come into court alone. He is attended to the bar of public opinion by two compurgators who occupy highly honorable stations.
Lastly, the Grand Lodge may entirely reverse the decision of its subordinate, and decree a restoration of the appellant to all his rights and privileges, on the ground of his innocence of the charges which had been preferred against him.
Can this be secured? Is the waste of time, of a year or more, nothing? And where shall the thousands of dollars of necessary expense come from? Now, suppose this appellant to be a Chinese brother. He, also, has rights; but how, on this plan, can he possibly obtain them? Suppose that the money be raised for him and he is permitted to stand on the floor of Synod.
The dread day, then, having arrived, and the duke having ordered a spacious stand to be erected facing the court of the castle for the judges of the field and the appellant duennas, mother and daughter, vast crowds flocked from all the villages and hamlets of the neighbourhood to see the novel spectacle of the battle; nobody, dead or alive, in those parts having ever seen or heard of such a one.
The Constitution has expressly provided for that. So that the only question in this part of the case is, whether the two rights be inconsistent with each other. The appellant has a right to go from New Jersey to New York, in a vessel owned by himself, of the proper legal description, and enrolled and licensed according to law. This right belongs to him as a citizen of the United States.
By a judgment given in a sitting at the Tournelle by M. de Mesmes, on the 18th of August 1657, the appellant ladies' and the defendants' opposition was rejected with fine and costs. La Pigoreau was forbidden to leave the city and suburbs of Paris under penalty of summary conviction. The judgment in the case followed the rejection of the appeal.
The supreme court of the United States, from the nature of its institution as almost wholly an appellant court, is called on to decide merely questions of law, and in no case can that court decide a question of fact, unless it arises in suits peculiar to equity or admiralty jurisdiction. Indeed the author's original note is more correct than the translation.
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