Mr. JOHNSON. If a part seizes a vessel during war, or seizes her under the revenue acts, and he is sued by the alleged owner, who proves to be the real owner, e ese apespersonal resonsibility by proving to the satisfaction of tejudge that he had probable cause for the seizure; and the certificate of that probable cause is a defense in any action which may be brought forward by the owner of the goods to recover daina es sustained by him in consequence of the seizure. That is for the protection of the officers of the Government, and is a wise provision. They would be very unwilling to capture vessels as prizes of war, or to seize them for an alleged violation of the revenue acts if they were to be responsible on the contingency that it should turn that the vessel was not prize of war or if there was no ground for the seizure. But that is not this case, nor anything like it. Under the desire to prevent smuggling an object that we all have at heart it is proposed by this bill, as I think, to change all the rules of evidence. The honor able member says that the judge is in the habit frequently of stating in the trial ff cases before him upon whom is the burden of proof cast. That is true; but does he say that to the jury in a criminal case? Has he any right in a crim inal case to tell the jury, “In my opinion the man is guilty?” In a civil case, if the judge thinks, upon the evidence, that the case as it stands in point of law casts upon the defendant the burden of proving his defense, or that it stands in such a situation that it casts on the plaintiff the burden, changes the onus, he tells the jury so: but that is a question of law which may be carried up to the courts above, and his mistake corrected if he happens to make a misgake. This, however, cannot be carried up; there is no review of this; the judgment of the judge below is conclusive in the sense that it cannot be reviewed, and it is conclusive upon the action of the jury. If I understand this section, it is put there for the very purpose of being conclusive. It is to tell the jury Virtually, “The man is guilty unless he satisfies you that he is innocent." "