This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1875 Excerpt: ...preponderated immensely against both the objections. In the House of Lords, where judgment was pronounced on September 4, the majority was the other way: Lords Lyndhurst and Brougham were against the validity of the objections; Lords Cottenham, Campbell, and Denman in favor of it. The majority prevailed, the sentence ...
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1875 Excerpt: ...preponderated immensely against both the objections. In the House of Lords, where judgment was pronounced on September 4, the majority was the other way: Lords Lyndhurst and Brougham were against the validity of the objections; Lords Cottenham, Campbell, and Denman in favor of it. The majority prevailed, the sentence was quashed, and O'Connell released from custody. No one in the profession of the law now doubts that on both points the judgment of the majority of the Law. Lords was right, and there is, perhaps, no judgment on record which has had a more wholesome effect in curing the looseness of the previous practice of Criminal Courts, both in England and Ireland. It required some moral courage to pronounce a decision in direct contravention to so vast a preponderance (in fact, as regards the first objection, to so close an approach to absolute unanimity) of opinion on the part of the Judges of England. But, Denman, clear in the correctness of his own opinion, and animated by a high sense of duty, was superior to any feelings of moral timorousness on an occasion like this. Admitting that the Lords were bound to respect in the highest degree, and consider with the utmost care, the opinion of the judges, he added: "But, my Lords, you have a duty of your own to perform. Your consciences are to be satisfied, your minds are to be made up; your privilege affords you the assistance of the most learned men living, but your duty forbids you to delegate your office to them." In order fully to appreciate the vigor and closeness of his arguments, the masterly judgment of Lord Denman must be studied in its entirety; an extract here and there will, however, serve to indicate generally the line of its reasoning, and to show the loftiness and earnestness of its...
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