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I readily discovered the prodigious influence which this primary fact exercises on
the whole course of society, by giving a certain direction to public opinion, and a
certain tenor to the laws; by imparting new maxims to the governing powers, and
mankind; I have acknowledged this revolution as a fact already accomplished or
on the eve of its accomplishment; and I have selected the nation, from among
those which have undergone it, in which its development has been the most ...
Moreover, criminal causes are entirely founded upon the evidence of facts which
common sense can readily ... exact question of fact, which they are called upon to
solve, and he puts the answer to the question of law into their mouths.
Those in equity are always decided by the judge or judges, who may, however,
send questions of fact to be tried in the common law courts by a jury. But as a
general rule this is entirely in the discretion of the Equity judge. Second, In cases
The judge refused to admit his evidence, on the ground that the witness had
destroyed beforehand all the confidence of the Court in what he was about to say
.✻ The newspapers related the fact without any farther comment. The Americans
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The social state of these tribes differed also in many respects from all that was seen in the Old World. They seemed to have multiplied freely in the midst of their deserts, without coming in contact with other races more civilized than their own.