Supreme Court without some reason for doing so.
fair
Thirdly. As to the Captain Superintendent of Police.
It is undoubtedly one of the duties imposed by Law upon this officer to aid the execution of the Civil Law; on the other hand, I have no doubt that in so doing he is entrusted with a large amount of discretion. There is no question, I think, that where he refuses his assistance and does so upon reasonable grounds, he is not subject to responsibility.
Bad W. Deane, therefore, exercised sound judgment. He would, in my judgment, have refused to take part in so strong a measure as stopping a Lynch Mail Steamer by force, especially after the Treaty under which exemption from seizure was claimed had been shown to him. Anyone intrusted with the conduct of an armed force ought, I think, to know that the deck of a vessel enjoying the privileges of a Man-of-War is the same as the territory of the nation to which that vessel belongs. Mr. Deane, before proceeding to violate so clear a right, should have taken means...