Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1866-10-25
The Postponemcnt CT the Trial OF jefferson
Davis.

The Postpone cnt OF the Trial OF jefferson
Davis.
In the year 1862 Congress by act, re-
moved to Norfolk the sessions of the Cir
cult Court of the United States, which, by
previous enactments, had been held in
Richmond.
By act of Congress of the ed May, 1866,
the sessions of the Circuit Court were trans
ferred to Richmond, and the Judges were
authorized to make the transfer.
By the same act the Chief Justice of the
Supreme Court OF the United States was
granted more enlarged powers than had
been possessed previously by the Circuit
Court or any justices Of that court.
He was authorized to call adjourned
terms, and special terms, at his discretion,
and upon such notice rs he might prescribe,
at which the Court should have all the i'll
risdiction and authority as at n regular
term. We say that no act OF Congress ever
conferred SO much power upon any Justice
of the Supreme Court before.
By an early act special terms might be
called for the trial of criminal cases.
By another act an appointment might be
made Of a different place for holding the
Court than that prescribed by law. for the
trial of criminal cases.
By another act the presiding Judge of
the Circuit Court e. e. the Chief Justice in
Virginia. might call the Court for special
term, for the trial Of cases that did not re-
quire a jury. But by this act he was
authorized to convene Circuit Courts in
Virginia, at his discretion, which should
have the authority of those appointed by
.ct of Congress.
The Committee Of the Judiciary of Con-
gress reported at the last session that no
further Legislation was necessary to secure Il
prompt and orderly trial of Jefferson Davis
They werc fully warranted i'll making this
report by the fact that the act of 22d May
had then been passed.
The order for the holding of the Court
in Richmond, on the I'd October, was made
by Judge Underwood, at Richmond, i'll
June last, some days after the act of Con-
gress of the 22d May last had been passed.
He made the order after consultation with
the Chief Justice Of the Supreme Court and
| the Attorney General of the Unitsd States.
and comfortably to their Wishes The def
niteness, distinctness and peremptory de-
claratiOns accompanying this order have
been the answer made to all complaints for
holding Jefferson Davis in custody and
all applications for allowing him to be at
liberty on bail g.; and to all arguments, that
he has been denied speedy trial.
The second of October has come and
passed. The counsel forJ Jefferson Davis have
come. Where are Chief Justice Chase and
District Judge Underwood? Where is the
Circuit Court of the United States, ad-
journed to be held at Richmond the second
of October, 1866? Non est incentus.
Mr. Chief Justice Chase has discovered
an argument for absenteeism in a change
made in the removal of Delaware from his
circuit, and the addition OF South Carolina
to it by Congress at the last session.
The argument is SO futile that we can
onl regard it as a subterfuge. The Judi
cial circuits OF the United States are created
by acts of Congress-. The allotment Of the
judges to circuits is made by the Supreme
Court upon the demise of any of the JUS
tees. The allotment 10y the court is oper-
ative till a new allotment is made and each
allotment refers to the circuit as established
by law. Chief Justice Chase is Judge of
the circuit to which Virginia belongs by al
loment, and no change in that circuit by
Congress, by the addition or subtraction of
other States, caii have any effect upon his
position, OF can require any new order of
allotment hy the court. In fact, a new al
lotment takes place only when one Of the
judges die. But the death of Judge has
40 case disturbed the circuits Of the
survivors, before Il neW allotment can be
made.
Chief Justice Chase founti another diff |
Guilty It is that military law Is in some
manner or other in force in Virginia, and !
he wanted a covenant from the President !
that military law should not be applied to
him.
The reasons we are answering were given |!
in a letter to the New York Tribune by its !
Washington correspondent, some day be- |
fore the second OF October, and which was |
obviously prepared under the direction of .
the Chief Justice The Chief Justice seems i
to have a most imperfect and narrow view
of his obligations and Duties The judicial |
power Of the United States depends for its /
exercise upon acts OF Congress, and not |
upon agreements between the President |
and Justice OF the court.
The act of Congress, of 22d May last,
transferred the sessions of the Circuit Court |
from Norfolk to Richmond, and empowered |
the Chief Justice to convene special or ad-
journed terms of that court The duty of
the Chief Justice was to hold this court,
whether the President liked it or not.
The judiciary is not a subordinate or de-
pendent department, and this is probably
the first case in the history of the Supreme
Court of the United States when a Judge
has made any requisition upon the Presi-
dent as condition for holding his court
He should hold his court, though the whole
oil VI Vic OulttU were There threat .
ening him if he did SO.
The case of poor Judge Underwood is
more sorrowful than even that Of the Chief
Justice.
An act of Congress had fixed upon Nor
folk as the place for holding the Circuit
Court in Virginia.
While that act in full force Judge
Underwood removed the court to Rich
mond.
He says that he saw in newspaper that
The act providing for the change had been I
passed. Acts of Congress are matters of re-
cord, and Judge Underwood by inquiry, t
could have ascertained the fact He does +
not seem to have ever thought it necessary S
20 inquire into the matter. He comes to |
holds the court for more than /
4 month, makes an order for al adjourned t
erm, after consultation with Chief Justice |
Chase and Attorney General Speed, and {
when the time for holding the term arrives. c
he decides he has been wrong in all that he (
has done. y
But conceding that Judge Underwood IL
vas wrong, and we know of no presump- @
ion to the contrary, we insist that Chief r
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