Constitutional Problems Under Lincoln

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Constitutional Problems Under Lincoln
J G James Garfield Randall
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, Boston, 1896) II, 29-30.
204 THE CONSTITUTION UNDER LINCOLN ordered system of jurisprudence. " The court added that such liability would not apply even in case of malicious or corrupt action, and that for such misconduct impeach- ment was the appropriate remedy.^^ Such a clear challenge, however, had been presented to the Federal Government by the defiant attitude of some of the State courts that the provision was retained. It was justified by its supporters on the ground that a judge who, wi
...th all the removal papers before him, should refuse to stay proceedings, would be remiss in the performance of a merely ministerial act, and would be going beyond the limit of judicial discretion. "** In cases of this sort American law recognized the principle that judges might be held liable. '*^ Perhaps the most serious objection to the Indemnity Act was its interference with existing judicial remedies for private wrongs. Suits were obstructed for the pur- pose of protecting Federal officers without any provision being made for the relief of those who had been de- **13 Wall.

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