Peter Vivian Daniel, Steamer Oregon v. Rocca — Dissent
“ The framers of the constitution too well understood the nature of human frailty, the influence of prepossession or vanity to believe that, by such a proceeding, either wisdom or impartiality, or the safety of private right would be promoted. ”
Peter Vivian Daniel, Steamer Oregon v. Rocca — Dissent
“ Such a judgment, it is provided by the statute, may be re examined by this court. Can it be rationally contended that such a judgment as the statute describes can be affirmed of a proceeding which on its face declares that no conclusion upon any fact or circumstance, nor on any question of law connected with it, has been formed? That all that has occurred is a mere formality, and nothing more, and has been adopted expressly to avoid a judgment. ”
Peter Vivian Daniel, Steamer Oregon v. Rocca — Dissent
“ There has perhaps never been a time in which many abuses in politics, law, morals, and religion have not obtained currency; indeed, the human imagination can hardly picture an error, a folly, a vice, or a crime, which has not had its prototype. But the decision cannot invoke the weight or authority of established precedent in its support. ”
