Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1863-01-30

this thing that or the other, and among others
rest man, you please Is protection to the officer,
though the prclimnatcs the issuing NJ the order,
which we're Tor the Executive to pass upon may have
been mistakenly passed upon the court canno, inquire
into them. say that such would be The course, proba.
bly, aud better lawyers than me, perhaps would find
still better dcfcnses. But suppose that the court
should override the whole Of them still the court under
the common rule Of law would give the wholesome a.
rccon In relation TO the measures Of damages which the
cxigcncy Of the case would demand
In the next place, Mr. President there Is another i'm.
portant provision ia the statute from which have sub
stonually copied the bill could adapt it to
the present case. Undoubtedly, the common law was
that in forms IL action. such malicious pfosccu
ton, probable entire defense out and out :
while in other forms Of action as uespass might
ton Of damages. That has always been ruled by the
they do not receive such evidence it is
But sir there many besides civil prosecutions
where probable cause is held to be an entire defense It
is In all in admiralty IL is so in all under
the customs ard revenue aws probable cause excuses
the defendant in court The statute Of 1915, to which
have sndgd after providing that officers Of the United
States who sued in the State Courts for acts done
under the intercourse act might those suits
into the circuit court Of the United States mrthe pro-
vided
In any suit or prosecution against person for any act
OF thing done officer Of the customs any persons
aiding assitnV such officer therein, and judgment
shall be given against the defendant or respondent II Il
shall appear TO the court before which such suit prose-
cuti0n shall be tiled that there was probable cause for
doing such act thing, such court shall order proper
certificate entry to be made thereof aud In such
the defendant respondent shall not be liable or COSTS
nor shall be liable to execution to any action Of dam
ages or to any other mode Of prosecution for any act done
by MIN aforesaid"
have put a second section in my bill that after these
removed into the circuit Of the United
States IL in any suit prosecution aganst any person
for any cause mentioned n the first section where iudg
ment shall be rendered against the defendant rospon-
dent, II shall appear to the before which such suit
prosecution shall be tried that there reasonable
probable for the defendants act IL it shall
appear to the court that he acted good faith in making
such causing such Imprisonment the ccurt shall
order proper certificate or entry TO be made thereof
/
ccedng be had against the defendant for such Of
action Or upon such judgment
That to to be precisely adapted go the
not 20 strange up the condition Of things and not to
blink ~ not to hetray fear aud apprehension, but to
lcgislae in relation to the regulation VI Judicial proceed
iugs as the evgency may require IA the constitutional
way, and our fathers did when the True
s have used not merely the phrase probable cause,
but have further provided that II IL shall appear that the
dcfendcnt acted in good faith that fact shall be certified
by the judge aud the defendant shall not be liable to
pay damages l wish to explain why have said that -
emergencies Of the country for the purpose frequently
preventing people from going TO the enemy and commit
/ ing neutrality-suspicious. who had not yet committed
crime. Probable cause is legal term, kno"n TO the
profession, technical II relates to showing good ground
to believe that has committed crime. Now, If
an arrest was made OF man TO prevent MS committing
a crime the term probable cause" could not apply tu
It, and hence have inserted the other term which is al
most cotreatiye in law OF probable cause, that II II
Is found that the def ndant acted 10 good faith, It shall
be certified and he shall not be called upon To pay dam
ages
the attention u the Senate now though probably shall
not have occasion hereafter any about this
matter but will not further enlarge upon the su iect
will however, say that have added another section 10
this bill, which wish TO explain. Gentlemen will bear
in mind that wit Of error from the supreme court Of
the United States circuit court does not e uncs
the matter in controversy involves 81 OOO in value.
do wish to have that provision apply % these cases
and have therefore inserted third section in the bill,
providing that when final judgment is rendered IN any
Of these IN the circuit court, may be carried by
wit OF the supreme court, notwithstanding the
amount Of the judgment. want to explain why mink
! that is necessary.
Suppose without this statute, that a tried
for is alleged otuse aud It decided that he had no
defense, that though he acted in good faith damage
must still be given the highest court of state having
been called upon decide that the order of the Presi-
ton Of the Constitution Of the United States and hav-
ing refused decide bill Of exceptions, II properly
drawn would present that question upon the record and
then by the section Of the Judiciary act that
could be carried from the highest state tribunal to
the United States supreme court without regard the
Of money involved. for the Limitation of
(under which you cannot carry up To the supreme
court applies only 10 suit in the circuit court Of the
United States Hence in all these cases, the parties
would have right 10 carry them under the present law
from the highest court to the supreme court Of
the United States Now, desire that il they 90 into the
that right for the want of having sufficient amount in
volyed and therefore propose have the matter open
10 investigation by all branches Of the supreme court Of
the United states to which the parties may think proper
to resort This seems to me adapted TO the oxgencies
Of the
The PPBsIDING OFFIcER, (Mr. Anthony in chAir.)
Il moved that the bill be referred TO committee the
The motion was agreed TO.
| Dir. SUMNER. ] move that the bill be printed.