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Excerpt from Report of the Committee to Whom Was Referred the Memorial of Commodore RodgersThe judge deduces from this fact, a general liability for the consequences it is considered to have pro duced; which liability he fixes upon com.arod gers, on the ground, that though not personally acting in the transaction, he was responsible as commanding officer of the squadron. It is not; within the legislative sphere to decide on judicial questions; this case is prepared for a decrsion of the supreme court; there let it be decided. It is of importance to remark, that the commodore, by this decree, ro forma, is required to give Security in the penal: of 3 a sum serious to' be involved in, liowever strongly urged thereto by friendship; or the stronger impression, that the supreme court will reverse the decree. In looking to precedents, your committee find them numer ous; the overnment bavin never failed to indem nify the Ogicer who has su gred in the faithful dis charge of his duty. Though the cases are many, none have been as strong as this, where the oili cer is made responsible by the force of his appoint ment solely, without personal agency or privity in the transaction. The cases of interference have, in the general, been after judgment, but in the case of lieut. Malay, the defence was assumed by the government. It would he certainly conso nant with reason, to say that the propriety of in. Demnity being agreed, the period when, must be unimportant, ~ or dependent upon the particular circumstances of each case; the peculiar features of this case requiring present Interference, are the heavy security re uired Operating 0p )res sively on com. Rodgers qbefore decision. An the possibility of an a irmance of the judgment for want of security, to the injur of the government.About the PublisherForgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.comThis book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works
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Report of the Committee to Whom Was Referred the Memorial of Commodore Rodgers
Bokrecensioner » Report of the Committee to Whom Was Referred the Memorial of Commodore Rodgers (Classic Reprint)
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