Indiana American. [volume] (Brookville, Ind.) 1833-1861, 1855-03-23

question before the Senate. The bill
4 "A. a 4

question before the Senate. The bill
before us is in these words.
"If suit be commenced or pend
ing in any State Court, against any
officer Of the United States or other
persons, for on account of any act
done under any law Of the United
States. or under color thereof. or for,
or on account Of any right, authority,
claim, or title, setup by such officer
or other p srson, under any law Of the
United States, and the defendant shall
at the first term Of such State Court
after the passage Of this act. or at the
first term of such State Court after
such suit shall be commenced, fle q
petition for the removal Of the cause
for trial into the next Circuit Court 10
be held in the district where the suit
is pending, or, II there be no Circuit
Court in such district. then 10 the
District Court, invested with the pow
ers ofa Circuit Court, next held in
said district. and offer good and sufii-
cient surety for entering in such Court,
on the first day Of It's session. copies
Of said process against him. and also
for his there appearing and entering
special bail in the cause, II special bail
was originally requisite therein, IL
shall then BE- the duty Of the State
Court TO accept the surety, and pro-
ceed no further in the cause; and any
bail that may have been taken shall
be discharged. and the said copies be
ing entered Us aforesaid In such Court
ftho United States. the cause shall
there proceed in the same manner as
II II had been brought thers by origi-
nal process. and any attachment Of tho
goods or estate Of the defendant by
original process shall hold the goods
or estate so attached TO answer tho f.
nal judgement. In the same manner as
by laws OF such State they would have
been holden to answer such final
judgement, had II been rendered by
the Court in which the suit cammenc-
ed; and tho party removing the cause
shall not be allowed to plead or give
evidence Of any other defense than
that arising under law Of the United
States, rs aforesaid"
What is proposed here as an inno-
vation--a new thing-a thing un-
known in the laws Of the country.
since the States came into a Federal
Union. That new thing Is. that a
person. civilly prosecuted in State
Court, and justifying under authori-
ty or color OF law Of the United States
may oust the State of It's jurisdiction,
and remove the cause into Court OF
the United States. The first ques.
ton which arises is. How does the
thing stand now? How has ii hith-
erto stood? What are the rights oi
parties in the State Courts? The
Constitution Of the United States
binds together in Federal Union thir-
ty-onc States, which. while they re-
main equal and qualified sovereign
ties, at the same time constitute, in the
aggregate, another qualified sovereign.
ty. 1nasmuch,as the chief business ol
Government is to protect the rights ol
its citizens, and as the performance Of
that duty is, under Government, as
signed to Courts Of Justice, and mas
much Us the citizens is simultaneous
ly the subject Of the State Govern
ment md Of Federal Government, the
State Courts and the United States
Courts exercise concurrently or co-or-
dinately the power Of trying civil ac-
tions which are brought against per-
sons acting as officers Of the Federal
Government. The public officers Of
the United States are, as we all know,
numerous, and Of many classes
civil, military. and naval. They are
engaged in executing laws, relating to
the army. the navy, the customs, the
public lands, the post-otiice, the judi
ciary, and foreign relations. These
agents may be called upon to answer
by any person who Is aggrievcd, eth
er in the proper Federal Court o, in a
Court Of the State where the grievance
happened. A case which will illus
trate the subjects now occurs TO me,
Two or three years ago. ! successful.
ly maintained In tho Supreme Court ol
the United States nm action on the case,
which had been brougt in Justices
Court Of the State Of New York, by Q
woman, against Postmaster, who
had refused 10 deliver TO her n news
paper, on which the postage which
could be rightfully demanded was one
cent. The Postmaster pleaded befors
the Justice. and before the Suprem,
Court Of the State. and before the
Court Of Appeals Of this State, thai
none but Federal Court could as
sumo jurisdiction In the same case
When his plea was finally ovcrrulet
in the Court OF last resort In the State
he appealed from that decision 10 th,
Supreme Court of the u. S.--Tha
Court affirmed the decision Of the Stat,
Court. and thus defined the law 10 be
that U. s. officers are amenablc tociv
Il actions In the State tribunals. Tn,
law now remains as II was then cx
pounded. and so Il has always stoo,
since the establishment Of the Consti
tuition itself. II Is wise md bencii
cent. because IL surrounds the citizen
} with double safeguard against cxtor
ton. oppression. and every form Of In
justice committed by the authority o
in the name Of the great Central Exc
cutive Power.
coScLuprp NEXT WEEK.