il
forthwith.
The objection to the other sentence met with no better fate. Men and
monikins did not differ more than some men differed from other men, or
some monikins differed from other monikins. Ordered, that the sentence
be confirmed, with costs. I thought this decision the soundest of the
two; for I had often had occasion to observe, that there were very
startling points of resemblance between monkeys and our own species.
The contest now commenced between the two attorneys-general in earnest;
and, as the point at issue was a question of mere rank, it excited a
lively--I may say an engrossing--interest in all the hearers. It was
settled, however, after a vigorous discussion, in favor of the king,
whose royal dignity the twelve judges were unanimously of opinion was
entitled to precedency over that of the queen. To my great surprise,
my brother Downright volunteered an argument on this intricate point,
making an exceedingly clever speech in favor of the king's dignity, as
was admitted by every one who heard it. It rested chiefly on the point
that the ashes of the tail were, by the sentence, to be thrown into
the culprit's face. It is true this might be done physically after
decapitation, but it could not be done morally. This part of the
punishment was designed for a moral effect; and to produce that effect,
consciousness and shame were both necessary. Therefore the moral act
of throwing the ashes into the face of the criminal could only be done
while he was living, and capable of being ashamed.
Meditation, chief-justice, delivered the opinion of the bench. It
contained the usual amount of legal ingenuity and logic, was esteemed
as very eloquent in that part which touched on the sacred and inviolable
character of the royal prerogatives (prerogativae as he termed them),
and was so lucid in pointing out the general inferiority of the
queen-consort, that I felt happy her majesty was not present to hear
herself and sex undervalued. As might have been expected, it allowed
great weight to the distinction taken by the brigadier. The decision
was in the following words, viz.: "Rex et Regina versus No. 1,
sea-water-color: ordered, that the officers of justice shall proceed
forthwith to decaudizate the defendant before they decapitate him;
provided he has not been forthwith decapitated before he can be
decaudizated."
The moment this mandamus was put into the hands of the proper officer,
Brigadier Downright caught me b
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