Mr. DOULITTLE. Imoveto amend the pending amendment, which is the reposition of the Senfrom Delaware to strike out the 4th section of the bill, by sfrikin out of the 7th line simply the word “ju ges, ” and then the section will remain as it now is, declaring that “all pariies, Officers and other persons thence forth proceedinv thereunder, or by color thereof, shall be liable, ” dtc. There is no necessity, in order to give full effect to this section, that you should undertake to declare that the jud cs who act in ajudicial capacity shall he made liable. If you declare that all the parties are liable to prosecution, that the ministerial otheers who act under it are liable, or any other person that volunteers to do it, you have just as good a remedy for the defense of the person as if you declare that the judges themsefes are to he made responsible for what they do in a judicial capacity. It is a novel thing in the history of the U.S. to make the judges of a State court, who are acting jndicially upon their responsibilityusjudges, and judging upon the valiity of laws, responsible. I do not see any purpose in it, and it may make objections to the ill, which otherwise would be removed. The question may arise, and be seriously considered, whether this bill, making a defense by act of Congress against a claim of an individual for injuries to person or property, making the order of a superior officer a defense in all cases, is or is not constitutional. If that be a question seriously raised, a judge sittin in a State court just us much as a judge sitting in a Federal court, is called upon to act judicially. He must not act interrorem, he must not act in fear of an indictment or in fear of a prosecution because he gives judgment one way or the other. Therefore, it seems to me it would be wise to strike out the word “judges, ” for I do not think it adds any strength to the section. As all the other parties are made responsible, I do not see the necessity of holding the judge personally liable in a matter where he is exercising his judgment in a judicial caipIra.city