Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1861-02-20

l
disproyed by facts which do not appear o
: record.
If Judge Linn's commission had expired
before he tried the defendant, or i
) the offence had been tried in another
county than that laid in the indictment
or It, as once happened, thirteen juror.
had sat IN the case suppofe no one would
doubt that his proceedings would have
been coran nen JUDGE and might be sci
aside, though the facts supposed did not
appear Of record. In Foust's case, IL
Casey, 33S,we entertained an objection 10
the jurisdiction of Court of Oyer and
Terminer, and reversed the Judgment, on
grounds that did not appear of record.
l lntlmated at the commencement oil
this OPINION, that the government, acting
through its judicial agents could acquire
and hold jurisdiction over the life of the
prisoner, only by proceeding in strict ac-
cordance with the constitution and
laws OF Pennsylvania. lie alleges ha>
grant departure from one of our constitu
tutional usages, in the conduct Of capital
trials, and he has proved it by the volun.
tary and honorable testimony of the Judge
who made it. suppose that no Judge on
this bench doubts the facts so palpably
before US. On what ground, then, can we
permit the government 10 take the pris>
oner's life? Because the facts are not on
the record? | reply tlat consent cannot
give jurisdiction, and, therefore, want of
objection at the proper time cannot. And
what SAID in answer TO this reason, as
assigned to Judge Linn, applies here.
Then | cannot concur in the iud gment
which seals the prisoners doom. | would
give him the benefit of the mistake which
is clearly pointed out and fully admitted,
and would order him to another trial, TO
be had in the forms Of the constitution
and laws.
Second. But in the next place, submit
that the majority are mistaken. in treating
the matter which is not upon the record.
What is recordg Blackstone tells us,
a court of record is that where the acts
and judicial proceedings are enrolled on
parchme t, for perpetual memorial and
teStlmony-which rolls are called the
records OF the court, and are of such high
and superemlnent authority, that their
truth is not 20 be called in question: Not
the docket entries merely, but all the
4" acts and judicial proceedings" o! the court
which are enrolled, constitute the record.
The Jurisdiction of this court is 10 Eek
anime and correct all and all manner of
error of the justices, magistrates, and
courts Of this Commonwealth, in the pros
cess, proceedings, judgments and DEGREES,
rs well IN criminal as in civil pleas or pro-
ceedings, and thereupon to reverse, modi
/ iy, or affirm such judgments and DEGREES
or proceedings, as the law doth or shall
direct" And by the ninth section of the
Act of 22d May, 1922, Purdon, 3ll, "lf
y any person or persons shall find him or
/ themselves aggrie, ed with the .ju lgment
Of any Of the said courts of general quarter
sessions OF the peace, and of Jail delivery.
it shall and may be lawful 10 and for the
party or parties so aggrieyed, to lave his
/ or their writs OF error"
These old statutes it will be Observed
do not contiEo our jurisdiction TO what
may happen 10 be docleted, but extend
TO all the "acts and judicial proceedings"
of the court which may aggricve the party
complainant. The remedy, however. is
to be by writ of error, and this writ lies
from an appellate court only upon matter
Of law arising upon the lRce of the pro,
! ceedngs. II the Judgment be erroneous
m matter of fact only, it is in the English
courts writ OF error coram noJis, issuing
out Of the same coIrt. With us, we ad.
minister the same justice by means of new
trials, and by opening and modifying
judgments enormously entered.
Whilst, however, the writ of error from
a superior to an inferior court must be
founded on matter of law arising on the
face of the proceedings, it is to be remem-
bered that the law of every case arises
out of the facts of the case, and therefore,
unless the facts be got to appear on the
face of the proceedings, the writ of error,
and our large jurisdiction as defined by
statute, would avail but little. Hence
arose the necessity for n bill of eXcep
tons. 1t was first given by statute of
Westminster, Cd, 18th Edward l., but the
statute rc lated only to parties "implcad-
ed" and not to those indicted and
hence it happened that the bill of excep-
tions was confined to civil cases. and to
courts of civil jurisdiction The facts out
of which the legal rights of parties grew,
could be brought upon the record in civil
cases, by means Of this invention of the
hill of exceptions, but not in criminal ca
Ses. If they appeared necessarily in the
making up of the docket entries, they
could be noticed on a writ of error-if
they did not, the court OF error could
take NO notice of them. To remedy so
great an incongruity in the conduct OF
civil and criminal cases, orr legislature,
BY the Act of 9th Novem., 1856, Purdon,
1857, provided that on the trial of any
indictment for murder or manslaugher,
ii should be lawful for the defendant to
except to any decision of the court upon
any point of evidence or of law, which ex-
ception shall be noted by the court, and
filed ofrecord, as in civil cases"
This was an extension of the law of bills
of exceptio. to the two high crimes mems
tioued, and nov facts can be brought
upon the record mot the docket, but
brought upon the rols--in criminal tria.s
of these two crimes, with the same effect
as in civil cases. All the evidence, or any
part ofit--all or part of the charge of the
Judge, may be thus got up. To use the
Language of Blackstone, Sd vol, p 372,
: -.