The national era. [volume] (Washington [D.C.]) 1847-1860, 1855-03-08

YEAs-Messrs. Brainerd, Chase, Fessenden,
Gillette, Seward Sumner, Wade, Walker, and
Wilson,.
NAYs-Messrs. Badger, Bell, Benjamin, Bright,
Clay, Dawson, Douglas, Fitzpatrick Geyer Gwin,
Hunter, Jones of Iowa, Jones of Tennessee, NAL
Tory, Mason, Morton, Pearce, Pratt, Rusk, Shields
Slidel Thompson of Kentucky, Thomson of New
Jersey, Toucey, Weller, and Wright-26.
SO the Senate refused to postpone the further
consideration of the bill until tomorrow
Mr. CHASE. | move 10 amend the bill by
striking out the word "a" where il inst occurs,
and inserting "any civil" SO that the operation
of the bill shall he confined to suits of civil ma
ture, and not extend to criminal prosecutions. II
amended as propose, it will read, Z" that if any
civil suit be commenced" &c. Upon this amend
ment ask for the yeas and nays.
Mr.. TOUCEY | think it unnecessary to call
! fos the yeas aud aeyS- Ths-e can be no oajrc-
ton 10 the amendment. This bill was not
intended and docs not apply to any except civil
proceedings.
Mr.. CHASE. Very well. That removes one
doubt. Let the amendment be made.
The amendment was agreed TO.
Dir. CHASE. nov. move TO strike out, after
claw of the United States" the words or under
color thereof so that the clause will read that
if any civil suit be commenced or pending in any
State court, against any officer of the United
States or other person, for or on account Of any
act done under any law of the United States, or
for or on account of any right authority, claim,
or title, set up by such officer" &c.
After some remarks by Messrs. BENJAMIN and
| ToUCYY-
| Mr.. CHASE. Mr.. President, the honorable
| Senator from Louisiana has stated with great
| clearness the position which he assumes but
will call his attention to the fact that be is in
| error "a to the agreement between the section
of the act OF 1918, which he has read and the
section Of this bill which propose to amend.
The act of 1918 provides for the transfer of suits
| or prosecutions commenced against officers. and
other persons aiding or assisting them; the whole
| acts are to be done by the officers of the United
States, and persons whom they may lawfully call
to their assistance but such is not the provision
| Of this bill, by any means. 1t goes a great way
| beyond that. There is obvious propriety in
| protecting officers engaged in the execution of
revenue laws, while there is no such obvious pro-
priety in attempting to protect from prosecution
under State laws every person who seems to have
rights under every law of the United States. Sup
pose patent is granted TO me under the laws of
| the United States, and somebody chooses to tres
| pass upon my possession; that is an injury done
| to mo under color OF law of the United States
he may claim some right against me under soma
| other law. According TO the provisions of thz
bill, il commence a suit for that simple trespass
against the trespasser in my immediate vicinity,
before justice Of the peace, that suit may be
| moved to circuit court Of the United States and
it may become absolutely impossible for me to
obtain justice. So of a great many other cases
which might cite by way of illustration, if time
| and opportunity were permitted But what I
| have said is enough to show, and think to sat
| sfy, the Senator from Louisiana, that his argu-
ment, derived from the act Of 1878, does not ap-
| ply TO the provisions of this bill. The amend
ment which propose is, therefore, necessary for
the protection of the citizen against frivolous,
vexatious, and arbitrary prosecutions. | cannot
| say that hope it will be agreed to. have very
| little hope that any amendment proposed TO this
| bill viii be agreed to, beyond that which ths
| Senator from Connecticut has thought fit to ac-
cept. But so important do regard it, that
| shall ask for the yeas and nays, and submit it to
| the country upon the vote OF the Senate.
The yeas and nays were ordered, and result
ed-yeas IL, nays Pas follows:
YHAs-Messrs. Brainerd, Brown, Chase, Fes-
sender, Gillette, James, Seward, Sumner, Wade,
Walker, and Wison-lI.
| NAYs-Messrs. Badger Benjamin, Clay Dsw-
son. Douglas, Fitzpatrick, Geyer, Gwin, Hunter,
Johnson, Jones of Iowa, Mallory, Mason, Morton,
| Penrce, Petit, Pratt, RuSk, Sebastian, Sliden,
Thomson Of New Jersey, Toucey, Weller, and
Wright-24
SO the amendment was rejected.