he petition for habeas corpus, which is to figure so
conspicuously in future history, it being more primitively witnessed by
his 'mark.'"
An appeal was taken from this refusal, and carried before the appeal
court, sitting at Columbia, the capital of the State. How was this
treated? Without enlisting common respect, it sustained the opinion
of Judge Withers, who was one of its constituted members. Under such a
state of things, where all the avenues to right and justice were clogged
by a popular will that set itself above law or justice, where is the
unprejudiced mind that will charge improper motives in asking justice of
the highest judicial tribunal in the country.
In the year 1445, a petition was presented, or entered on the rolls of
the British Parliament, from the commons of two neighboring counties,
praying the abatement of a nuisance which promised fearful interruptions
to the peace and quiet of their hamlets, in consequence of the number of
attorneys having increased from eight to twenty-four, setting forth that
attorneys were dangerous to the peace and happiness of a community, and
praying that there should be no more than six attorneys for each county.
The king granted the petition, adding a clause which left it subject
to the approval of the judges. Time works mighty contrasts. If those
peaceable old commoners could have seen a picture of the nineteenth
century, with its judiciary dotted upon the surface, they would
certainly have put the world down as a very unhappy place. The people
of Charleston might now inquire why they have so much law and so little
justice?
CHAPTER XXVIII. THE CAPTAIN'S DEPARTURE AND MANUEL'S RELEASE.
AFTER remaining nearly three weeks in close confinement in a cell on
the third story, Manuel was allowed to come down and resume his position
among the stewards, in the "steward's cell." There was a sad change of
faces. But one of those he left was there; and he, poor fellow, was so
changed as to be but a wreck of what he was when Manuel was confined in
the cell.
After little Tommy left, the Captain deposited a sum of money with
the jailer to supply Manuel's wants. The jailer performed his duty
faithfully, but the fund was soon exhausted, and Manuel was forced to
appeal to his consul. With the care for its citizens that marks the
course of that government, and the characteristic kindness of its
representative in Charleston, the appeal was promptly responded to.
The cons
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