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

ground that anything he has dour by way Of mprsonng
these people is the least altered BY hs suspension
the construction ~ the suspension Of the habcas corpus
act, and YOU are wrong" We make our law on this
gtound. | have already stated In my remarks why
think should not do These are the essential fea
" the bill There is auOther section In IL about
the suspension Of the habeas corpus to which shall
The other bi which we have before us is entitled IAN
10 indemnify the President and other persons for
pending the privilege Of the wit Of habeas corpus and
acts done Ia pursuance thereof" aud 10 cnacts;
That all such suspensions, arrests and imprison
ments by whomsoever made or caused 10 be made under
the authority Of the said President thal be confirmed
and made valid and the said President, Secretaries
heads of Departments and all persons who have teen
concerned IN making said arrests, OF in doing OF ad-
vsing any such acts Aforesaid. are hereby ndemuh
and discharged In respect thorcof and all indictments
and Information action, suits prosecutions, and proceed
ings whatsoever commenced to be commenced against
the said President, any OF the persons Aforesaid an
relation 70 the acts and matters Aforesaid or any OF
them, hereby discharged aud made void
that that is, probably, very near rcsern-
blancc those indemnify, rather oblivion acts which
passed occasionally after periods Of violence ny the
British Parliament have not oompared IL recently,
but my impression Is that it is substantially that |
think exercise In this country what are called
the omnpotont powers Of Parliament We cannot copy
their example, we cannot follow then preceacnts II Is
not necessary that should elaborate This idea. We do
not possess any such omnipotcnce cannot bu declare
atthat blu is 10 70 say the least OF II, as doubtful
and very much more questionable proceeding than any
suspcnson Of the writ Aabcas corpus by the President
Then may be asked, what would you do | would
not undertake to smother up judicial inquiry al all.
do not think II necessary neither do think have the
power do IL II twas necessary. 1t may become
sary regulate judicial proceedings to adapt them to the
occasion which ARISES and TO furnish the remedies which
arc needed but should not say that law shall be
passed to make that lawful which was unlawful; we
should say in effect "ha wing done thing which
not authorized by the Constitution, tell you that
the courts shall never inquire into It at ALI afraid
have Inquired into any aud they in relation
to the private claims Of individuals, shall be ousted Of
jurisdiction In relation TO them entirely Sir, in my
Judgment that is very bad policy very bad statemanshp
uHof.v I,lp ala
Well, what is 10 be done DO what you should do in
the regulating Of judicial proceedings that will adapt
them to the emergency. Can you do it3 believe so.
Ihs bill which has been discussed before the Senate is
bill 20 cdcmny The parties by dschargug them; but
an indemnity bill, properly 50 called in this country
would be 10 pay the damages that may be recovered
gAiust ohccrs II is quite obvious that cannot
pass. u anticipation, any statute Of that kind making
appropriations 20 pny the judgments which may he re-
covered against them II The courts should think their
proceedings unconstitutional and Irregular 10 the first
place, What Of confidence should have in judy
mcnts for damages obtained in courts where it dis
ucy understood beforehand that not the defendant but
the country TO pay them 1od offer the most d-
rect inducemcnt 10 collision between the plaintiffs and
defendants TO let the damages be very high to be shared
between thom, and the Government topay them. Again
would agree pass law Of that kind beforehand and
let persons bring their suits against these people and II
the should decide that their orders from the Pres
ident not defense, then you would have all the
power and ooquence Of the bar of America down a
jury give damages, because nobody has got suffer
for It the Government is going TO pay for it, We can
do nothing Of that kind.
This brings me, Mr. President to explain briefly the
substance Of the bill which present. aud which think
fitted 70 the occasion Our Constitution provides that
the jurisdiction Of the United States courts shall extend
among other things, all arising under the con-
struction Of this Constitution and under the laws and
treaties made in pursuance Of H. and TO all between
the citizens Of state and the citizens Of another slate
and so on. The manner in which this jurisdiction Of
the courts Of the United States may be exercised over
these various questions differs very considerably in rela
ton To causes that arise before state and those
that are originally brought in the United States courts
Where In state court question arises about the
stTuctiOn Of the Unied States Constitution laws and
the decision is against the right claimed under them
then, by the tweniy-f0h section Of our judiciary act
when that decision has been made by the highest tribunal
Of state writ OF error may carry it to the supreme
Court Of the United States but you will observe that
only carried there after final judgment In relation
suits between citizens OF aud those another
1t Is provided 10y our Law that when such suit is
mehced at the term at which il is commenced the de
PENDANT, II he is citizen Of different state from the
plaintiff and could have been sued in the circuit court
may, before it is tried ALL by notion or petition and
United States, and then it proceeds in that eour-
Now, Mr.. President propose that every person sued
States by order Of the President during this rebellion
If he is sued in any state court, may, like the citizen in
the case just stated remove that case from the state
court into the circuit court Of the United States be-
leve we have a right to legisate l have doubt
on that point In the first place, the occasion
qures that to be done In The next place, IL gentlemen
will look at the case Of Cohen VS. Vrgina-the case
which settles the construction OF the twenty hh section
u ss SSSfY ns css S And bSl a u n ' p9 %
States by legislation, may order in the first instance
all the eases which may, under the provisions Of the
Constitution, into the circuit court, be removed
there whenever they commenced in state court -
IL quite obvious from the reading Of the Constitution
that Il you could order Of these forms removed you
could the other. have precedent for this. am not
going merely by my own specuauons and conlcc-
lures havea fall precedent for it. | ask for nothing
TO be done by my bill but what has been done ASK
only for what believe may consttuuonay be done
but for what has been done.
Now what is the object Of getting into the crcui,
Of the United States Is there
in il We cannot but know that these very provisions
Of the Constitution intended TO be provided for
great occasion uf this kind The Constitution contem
plates that the state courts ia great cmerscnces aud In
relation Subjcots which the Government of the
United States for the Government Of tn,
United States always to trust Suits may be brought
against those who have arrested and inn raoned
under the order Of the Executive, in various
They may be brought before justice Of the peace. be
fore county court, before circuit court, according
tho various provisions of the different states tht
Jurisdictions, The great question arises before them
was the President authorized TO make the order whcl
the defendant relies did the Constitution authorize u
That is important, not merely To the individuals sued
but the nation, because it is clear, take il
tina, II the President aud bis su6odiuates and the in
dyiduals whom his authority has been dcputcd hay
acted in good faith In this period Of trial at least we mus
indemnify them We therefore have peouniary inter
aud thus il becomes quite important to have som
sort Of check the Of damages that shall
awarded il the courts should find these proceeding
10 be irregular, According 10 common law principles il
such case the court should tell the jury, IN my humbl
judgment, il they rejected the mans defense, he pres
and the should decide that il did not constitute
legal defense yet after all the court should tell the jury
IL ind that H. ugh this was mistaken authority
the man acted in good faith II there prohabl
cause ia law io making the arrest the most you d
is to give the defendant actual damages you will Civ
/ no exemplary damages; you will give nothing by way
! what Is commonly called smart money you will Civ
nothing for attacks through the individual upon the Vi
tails OF the Constitution, all that these people hay
acted in good faith, aud A. in your verdict, you 20 be
/ You'd simply paying the man the damage sustained b
him by reason u his confinement for the time he wa
actually conhnd the court will set aside verdict -
But do know that these judges will do this =
Have we any good reason 10 have confidence in thei
holding the jury the proper Judicial influence 4
keep them in potent control am Rffaid Of them. d
not like TO leave citizens and officers in their hands
desire that the may be carried into courts
into the United States circuit courts, in order
the defendants Of all the advantages aud projections
/ der our Constitution which those courts give.
Mr. President said that had precedent for my bill
II TO be found in act passed in 1870 in order to pro
tec officers had made seizures under the ,nter
course during the and previous TO the Tn
act Of 1915 have essentially followed the project
which have any suits brought against officer
for their action under that United States law, II brough
In ooutt, removable into circuit OF tn
United States, and directing the mode Of proceedin
thereon Ny bill is essentially based on that.
The first section Of this BILL following the words
that statute is thath any suit prosecution has bee
or shall be commenced in any state court ganst any
fcer civil military, against any other person, "a
any arrest or imprisonment made al any time during h
present rebellion by virtue under color of any author
ty derived from exercised by under the Presider
OF the United States and the defendant shall the
Of entering his appearance In court file petition for III
removal Of said for trial TO the circuit
Of the United States be holden in the district wher
the suit pendug and Offer good and sufficient secur