Corte

“ She seized the hearts of those hard and serious men as a wind takes the strong oak-trees, and rocks them on their knotted roots, and leaves them with the song of soaring among their branches. Italy shone about her; the lake, the plains, the peaks, and the shouldering flushed snowridges. Carlo Ammiani breathed as one who draws in fire. Grizzled Agostino glittered with suppressed emotion, like a frosted thorn-bush in the sunlight. Ugo Corte had his thick brows down, as a man who is reading iron matter. ”

“ Corsica is divided into five arrondissements (chief towns—Ajaccio, Bastia, Calvi, Corte and Sartène) , with 62 cantons and 364 communes. It forms part of the académie (educational circumscription) and archiepiscopal province of Aix (Bouches-du-Rhône) and of the region of the XV. army corps. The principal towns are Ajaccio, the capital and the seat of the bishop of the island and of the prefect; Bastia, the seat of the court of appeal and of the military commander; Calvi, Corte and Bonifacio. ”

“ Art. 305. No punishment, for whatever crime, shall extend to the family of the offender for any period of time; the culprit alone shall suffer for his crime.
Art. 306. The house of a citizen shall not be entered by force, except in cases determined by law for the good order and safety of the state.
Art. 307. If afterwards the Cortes shall think proper to make a distinction between judges of fact, and judges of law, they shall establish such distinction in the most convenient manner. ”

“ We felt once more the chill of our position, as strangers in a foreign land, as our good, honest little driver disappeared, remembering that we should now have to look after ourselves.
It was a misfortune that we could not leave the next day, for Corte, though lovely, was unpleasant; but it was impossible to face the idea of a ten hours' journey in the breathless interior of a small diligence, and there was no diligence with banquette until the Monday morning. ”

“ At half-past two, we started again, up the steep ascent to Bocognano, through wooded hills and fine crags, every minute more closely enwrapped in the grand overhanging mountains, and Monte d'Oro growing steeper, bluer, and more furrowed on our left. [157]
The diligence to Corte was not far behind us, lumbering up the dusty ascent slowly; and a few miles from Bocognano, we passed a woman lying on the grass by the roadside with a harnessed horse cropping beside her. ”

“ CURIA REGIS, or Aula Regis, a term used in England from the time of the Norman Conquest to about the end of the 13th century to describe a council and a court of justice, the composition and functions of which varied considerably from time to time. Meaning in general the “king’s court,” it is difficult to define the curia regis with precision, but it is important and interesting because it is the germ from which the higher courts of law, the privy council and the cabinet, have sprung. ”

“ I must either protest against this mode of trial, or by tacitly consenting to it, suffer my honour to be sacrificed. No innocence can secure the accused if the Judges and Jurors be chosen by the accuser; and if I were tacitly to submit to a tribunal of this description, I should be instrumental in my own dishonour.
On these grounds I protest against this species of trial. I demand a trial in a court where the Jurors are taken impartially from amongst the people, and where the proceedings are open and fair. Such a trial I court, and to no other will I willingly submit. ”

“ It distinguishes very clearly between the forms of writs, and all other process of the same character, and the forms and modes of proceeding in suits, and provides for both. It is impossible to confound 'the forms of writs, executions, and other process,' which are to be attested by a Judge, and to be under the seal of the Court from which they issue, with 'the forms and modes of proceeding in suits.' They are distinct subjects. ”

“ Regarding then the judges also as magistrates, let us say who are fit to be judges, and of what they are to be judges, and how many of them are to judge in each suit. Let that be the supreme tribunal which the litigants appoint in common for themselves, choosing certain persons by agreement. And let there be two other tribunals: one for private causes, when a citizen accuses another of wronging him and wishes to get a decision; the other for public causes, in which some citizen is of opinion that the public has been wronged by an individual, and is willing to vindicate the common interests. ”

“ That the acts and proceedings of these special tribunals need not be according to the course of the common law, but must be according to the exigencies of the state. Such has been the practice from the earliest period of the commonwealth, allowing finally, on appeal or otherwise, a trial by jury, since 1785. 7. That the proceedings of such tribunals, however constituted, are entitled to respect; they are not to be collaterally questioned; and after a length of time, everything is to be presumed in their favor, as in favor of any other tribunal. ”

“ Lastly, let that definition of impartial tribunals which has been handed down to us from our ancestors be still retained; that in them crimes are punished without any regard being had to the popularity or unpopularity of the accused party; and unpopularity is got rid of without any crime being supposed to have been ever attached to it. 6And, therefore, O judges, I beg this of you before I begin to speak of the cause itself; in the first place, as is most reasonable, that you will bring no prejudice into court with you. ”

“ A high national court, formed of members of the tribunal of cassation and of high jurors, shall have jurisdiction over the offences of the ministers and principal agents of the executive power, and over crimes which shall assail the general security of the state, when the legislative body shall have rendered a decree of accusation. ”

“ In the maxim, 'Ad quaestionem juris respondent judices, ad quaestionem facti respondent juratores,' the word 'quaestio' denotes an issue joined by the pleadings of the parties, or otherwise stated on the record, for decision by the appropriate tribunal. Issues of law, so joined or stated, are to be decided by the judge; issues of fact, by the jury. If the accused demurs to the indictment, an issue of law only is presented, which must be decided and judgment rendered thereon by the court, and by the court alone. ”

“ Nothing, I have said, can be simpler than the considerations which ultimately led ancient societies to the formation of a true criminal jurisprudence. The State conceived itself to be wronged, and the Popular Assembly struck straight at the offender with the same movement which accompanied its legislative action. It is further true of the ancient world—though not precisely of the modern, as I shall have occasion to point out—that the earliest criminal tribunals were merely subdivisions, or committees, of the legislature. ”

“ Ancient judicial theory and practice comprehended not merely trials before a regular tribunal, in which the merits of a case were duly ascertained by the joint efforts of judge, counsel, and assize, but also an alternative method of arriving at the same result—namely, a solemn appeal to the bar of Almighty God. ”

“ Some confusion has perhaps arisen from designating the tribunal of seven men, which is to estimate the damages and to assess the benefits, as 'a jury,' when it is in truth an inquest or commission, appointed by the court under authority of the act of congress, and differing from an ordinary jury in consisting of less than 12 persons, and in not being required to act with unanimity. ”

“ If a judge pronounces a judgment, renders a decision, delivers a verdict duly signed and sealed and afterwards alters his judgment, they shall call that judge to account for the alteration of the judgment which he had pronounced, and he shall pay twelvefold the penalty which was in the said judgment, and, in the assembly, they shall expel him from his seat of judgment, and he shall not return, and with the judges in a case he shall not take his seat. ”

“ In the constitution of that state of 1776, it was declared that 'in all controversies at law, respecting property, the ancient mode of trial by jury is one of the best securities of the rights of the people, and ought to remain sacred and inviolable.' 2 Charters and Constitutions, 1410. ”

“ If you pass over to France, where certainly the judicature is admirably arranged on principles of science, where I believe justice is assured, you have the highest court, known as the Court of Cassation, composed of persons set apart exclusively for appeals,—never leaving Paris, and never hearing any other business except that which comes before them on appeal. ”

“ In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved; and no fact, tried by a jury, shall be otherwise re-examined in any court of the United States, than according to the rules of the common law. ”

“ A suit in this Court is become proverbial for something interminable; and there is a very diverting caricature, which bears the inscription, ‘A Chancery Suit.’ At first a young man handsomely dressed, and in high blooming health, fills the hat of a starved skeleton of a lawyer with guineas, by way of retaining fee. A long, long procession of men and things follows; and at last we see the young man as a ragged broken-down beggar, asking alms of the lawyer, now grown fat as a tun, which the latter scornfully refuses. ”

“ From the final decision of any court, justice, or judge inferior to the circuit court, upon an application for a writ of habeas corpus or upon such writ when issued, an appeal may be taken to the circuit court for the district in which the cause is heard: 1. In the case of any person alleged to be restrained of his liberty in violation of the Constitution, or of any law or treaty of the United States. ”

“ We have felt it to be our duty to examine into the facts with a completeness justified by the importance of the case, as well as from the duty imposed upon us by the statute, which we think requires of us to place ourselves, as far as possible, in the place of the Circuit Court and to examine the testimony and the arguments in it, and to dispose of the party as law and justice require. ”

“ With respect to decisions of justices of the peace sitting at quarter sessions, or as a court of summary jurisdiction, except in the case above stated, the subject matter of appeal is for the most part of a criminal or quasi-criminal character, the civil jurisdiction of justices being comparatively limited. The appeal in such cases is as to matters of law only, the justices’ decision on facts not being subject to review. ”

“ The right of having an appellate tribunal pass upon matters of law in all contests between parties, is regarded in some sort as a sacred right by our people. It is given in the broadest terms by the great Judiciary Act of 1789. ”

“ You will observe that, as a rule, the further we go from the surface of things the nearer, we get to the bottom." This brought cheers and waving of hats from the Howlin Wilderness, and the Court re peated, " I am free to say that the Court has gone diligently into the depths of this case, and that, as a rule, the further you get from the surface of things the nearer you get to the bottom. The case looked dark indeed against the prisoner at first; but the Court has gone to the bottom of the matter, and he is now white as snow." ”

“ The justices or judges of the inferior courts may be members of the legislature.
The judgment of no inferior court shall be final, in any civil case, of greater value than 50 bushels of wheat, as last rated in the general court for settling the allowance to the members of the general assembly, nor in any case of treason, felony, or other crime which should subject the party to infamous punishment. ”

“ The creation of the Court of Cassation and of the three courts of appeal is specifically provided for within the constitution. All inferior tribunals are created by law, and none are permitted to be established otherwise. For the trial of criminal cases there are special tribunals, in three grades: police courts, correctional courts, and courts of assize.
All judges and justices of the peace are appointed by the king for life. ”

“ Should the supreme court, or any of its members, from interest, partiality, or negligence, judge so wrong that an individual, contrary to law and evidence, did lose or might have lost life, liberty, honour, or property, the attorney-general shall be bound, and the chancellor of justice authorised, to arraign the guilty, according to the laws of the realm, in the court after mentioned. ”

“ The law has established this tribunal, because it is believed that, from its numbers, the mode of their selection, and the fact that the jurors come from all classes of society, they are better calculated to judge of motives, weigh probabilities, and take what may be called a 'common-sense view' of a set of circumstances, involving both act and intent, than any single man, however pure, wise, and eminent he may be. ”

“ If relief on equitable grounds is to be obtained it is right that it should be sought by a formal suit upon adequate pleadings and should be granted only after a trial of issues according to the usual course of the trial of questions of fact. A court of first instance is the appropriate tribunal, and the only tribunal, equipped for such a trial. Appellate courts have neither the power nor the means to that end. ”

“ As where two men are resolved to fight, yet have an uneasy vision of a judge and jury in waiting for them, each seeks to make the other the assailant and himself to be upon his defense, so these two rulers took prudent thought of the tribunal of public sentiment not in America alone but in Europe also, with perhaps a slight forward glance towards posterity. ”

“ We leave to the ministers of our religion, and the magistrates who are appointed to guard our laws, to decide upon the legality of the bonds between yourself and mademoiselle Camp, but by one tribunal you are distinctly pronounced guilty towards her, and that is the tribunal of honour, before that tribunal which exists in the heart of every good man. ”