Keowee courier. [volume] (Pickens Court House, S.C.) 1849-current, 1877-07-12
Healthy Regulations.

Judge Bradley, of the United States
Court, and Erskioe, District Judge, at the
recent session of the Court at Athcns,
Georgia, have made general order which
will hereafter prevent the arrests Of persons
charged with offences ogainst the revenue
laws upon insufficient evidence, whereby
much useless expense is caused to the
government, and the personal liberty of tho
people is unnecessarily intcrfercd with Had
this order been made long ago, much trouble
and perhaps many lives would have been
saved. Preliminary to tue order, judge
Bradley says:
"One cause of this evil seems to be the
fact that warrants arc issued upon the afli-
davit Of some officer; who, upon the relation
of others whose names are not disclosed,
swcars that, upon information, he has reason
to believe and does believe the person
charged has committed the offence churgcd.
Tho District Judge, not being satisfied that
this is sufficient ground for issuing
warrant of arrest, has desired my advice in
tho matter. After examination Of the
subject we have come to the conclusion that
such on affidavit does not meet the require.
mcnts of tho constitution, which, by tho
fourth article of the amendments, declares
TINT the right of the people to be secure in
their persons, houses, papers and effects
against unreasonable searches and seizures
shall not be violated; and that no warrants
shall issue but upon probable causc, sup
ported by oath or affirmation, describing the
place to be searched and tho persons be
seized. 1t is plain from this fundamental
onunciation, as from the books of authority
on criminal matters in common law, that
tie probable cause referred to, and which
must be supported by oath or affirmation,
must be submitted to tho committing mags
trate himself, and not merely 10 an official
accuser, so that he, tho magistrate, may
exercise his own judgment Oh the suflicienoy
of the ground shown for believing tho nc
cused person guilty; and this ground must
amount to a probable cause of belief or
suspicion of the party's guilt. In other
words, the magistrate ought to have before
him the oath of the real uccuscr, presented
either in the form of an affidavit, or taken
down by himself by personal examination,
exhibiting tho facts on which the charge is
bascd, and OH which the belief or suspicion
of guilt is founded. The magistrate may
Their judge for himself, and not trust to the
judgment of another, whether sufficient and
probable cause exists for issuing warrant.
1t is probable that by exercising this
degree of caution, some guilty person may
escape public prosecution; but it is better
that some guilty ones should escape than
that many innocent persons should be sub
jectcd to tho expense and disgrace attendant
upon being arrested upon a criminal charge;
and this was undoubtedly tho bcncfcent
reason upon which the constitutional pro-
vision referred to was founded"
Following this, tho Judge mado the
general order for the guidance of Commis-
sioncrs in tho manner of issuing warrants
Of arrest against persons charged with
crime, to wit:
"No warrant shall DO issued by any Com
missioner Of this court for the seizure or
arrest of any person charged with crime
or offence against the laws Of tho United
States upon mere belief, or suspicion of the
person making such charge; but only upon
probable cause, supported by oath or affirm
alton of suoh person, in which shall be
stated the facts within his own knowledge
constituting the grounds for such belief or
suspicion.
IN open court this, the 3lst day Of May,
1877.
JOSEPH =. BRADLEY,
Circuit Judge.
JOHN ERSKINE, Judge.
Attest: FRANK A. HAM, Deputy Clerk
of said Court.