The star of the north. [volume] (Bloomsburg, Pa.) 1849-1866, 1865-12-20
Judge Busted and the United States Author
tiles.

ItNos
In the United States Circuit Court, held
! al Mobile, Dec. /, Judge Busieed made the
following remarks:
had hoped TO have been able at this time
TO congratulate The citizens of Alabama
upon The resumption OF civil authority and
the re-eslablishment OF courts of judicaturs.
In This | have been Unexpectedly disap.
pointed Events of grave public charac-
Ter have recently occurred in the Southern
district of This State; which leaves it doubt
ful whether the government intends that
this people shall, for the preseni,be entitled
to The privileges and subject TO the power of
civil rule. Notwithstanding The appoint
usnt of provisional Governor Tor this
State, and the Presidents direction 10 me to
hold The Federal courts conforma5ly 10 the
enaciments OF Congress, and in the face of
his official proclamation declaring the res
toration of national peace, the military off,
Ger ir command in Alabama has, within
lew days past, refused TO obey The process
Co issued by court of The United Safes,
and iuslifies his refusal upon the ground Of
instructions from the Chief Executive.
In the case in which the question arose,
decided in effect, that the citizen had been
restored to The status which belongs 10 him
of right in times of peace, ard that as mat
lers now stand, il is the Office OF the militia
ry establishment TO aid, when required, the
civil magisiracY in The discharge of their
functions. am sill of this opinion. But
it is plain that the civil power and the mill
iary control cannot coexisi in the came
sphere, and over iha same subjects OF juris-
diction. "No servant can serve TWO mas.
ters; for either he will hate the one and love
the other, or else he will hold TO the one
and despise the oher." The sword must
yie.d 10 the statue, or the statue 10 the
sword.
lis essential TO good order and The re-
spect due TO the government that no strife
be unnecessarily provoked between the diff
ferent branches of the public service. and
if the President of the United Slates in
slrucIs The military 10 disregard the process
Of the courts, will submit 10 his decree
with becoming and respectful Difference !;
but will not in any even, subject The Judi
cial Office or The tribunals OF Justice 10 IL
dignity from whatever source.
With these views, proper as ! conceive in
themselves, and strengthened by The fact
thai The President has aai, so far as know,
been advised OF the course of lie General
Commanding in this State, 10 The respect al
I1ded TO- deem it discreet exercise Of IN y
power 10 adjourn the nalioual courts ap-
pointed TO be held in this district al the
present time, and only TO transact such
routine business as may be discharged with
out the possibility OF evoking conflict be-
tween the military and civil authorities
Hence no grand or petit jury will be impan.
neled at this term o! the court, and no cases
on the docket will be called. All recogH.-
zances taken for this term must be renewed
and they must run so as 20 include an obli-
cation 10 appear al any special terms of
these courts which may be appointed to be
held before the date fixed by law for hold
ing the next staiuary-ieTm
la this connection il may be proper for
me to say have no doubt that, upon the
attention oil he President being called 20 ihe
anomalous state OF facls that appear 10
make my present course necessary, he will
promptly adjust 70 them an appropriate rem
eGy, and secure 10 the citizens OF this Safe
the fnll measure OF the constitutional rights.
Alter these remarks, Judge Bus,eed list
ened 10 an argument by the Hon. ]. n.
Waits on the unconstilntionalilyo of the oath
which lawyers are required TO take before
praclicing.