On the 26th he was brought up for judgment, and again insisted on the illegality of his conviction.
As for the recovery of money lent; if the loan is not tainted with illegality or immorality, or made for a purpose contrary to public policy, the amount may be recovered by a common law action.
The whole proceedings were illegal, and the illegality was consummated by the prisoners being brought before a special tribunal of 24 judges, nearly all of whom were personal enemies of the accused.
Like contracts contrary to public policy, they depend to a great extent for their illegality upon the discretion of the court in the particular case.
Every executive act must be countersigned by a minister of state, who is held responsible for its character and enforcement, and may be prosecuted before the supreme court for its illegality and effects.