The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1866-01-01
DAILY NEWS.
MONDAY MORNING. JANUARY 1. 1866.
The Conflict OF Civil and Military Author
ity il, Alabama.
JrrGc DrsTEEp's OPINION.

A. rho onenng OF lha regular term Of the United States
District Court at Mobile tie 11ththe return day OF
tbe writ OF attachment against Majorenerai "oods N
+be Dexter case for contempt Of Court-Geneal "oods
as present. IN reply 70 an inquiry from Judge BUS
teed what ne had say i'll explanation OF his dsooed-
ence to the orders of the Court General Woods handed
IN written answer reasserting tha. his action had been
guided by strict compliance with the orders OF Ills NIL
iary superors and declaring that there has been no IN
tenon upon his part treat with dsrespect the autnor
y or process of the Court After inspection OF the or
ers under which the General is acting and which he
submitted to tho Court, Judge Busted delivered MS
opinion In this said the answer OF Gen. Woods was
satisfactory and he compmened the General for hay
ing combined strict compliance of his duties with
respectful disclaimer Of any contempt to the civil
courts of the land. The Judge then continued;
Rnt while acouitting Gen. Woods can not, even by
implcaton, consent to what consider an encroach.
ment of the Executive Department Of the Government
upon one Of its coordinate branches Is worse Ihan
nseess for the Courts to attempt the exercise OF their
functions If President not only allows but direc1s
disobedience o their authority and process.
sSe Srotection and is subject to the require
rnents of written fundamental law No department
of the National nor any State Government can laWuly
act otherwise than according to the powers conferred OF
restrictions imposed by that instrument IL tne ciuzcn
believes himself to be aggeved by some action OF etne
Constitution and his complaint admit of judicial inves.
Caton he must be heard on that question and it must
be adudicated, there can be no administrator o ne
laws worthy Of the name OF justice.
Here the Judge proceeded to explain why he opened
his Court and attempted enforce its decrees These
reasons were the assurances given by Gov. PARSONS
after nm interview with the President that the Courts
ebould be holden and not interfered with by military
mower After relating the whole course Of proceedings
. IN the DEXTER case the Judge thus concluded;
This summary brings to the answer OF Gen. Woods 10
The writ of attachment read and filed TINS morning. fro
this answer aud the papers ane%e" 70 do A. ,
apparent First it appears that the orleai as!ess anu
Imprisonment Of the petitioner was by virtue OF oect
order of the President himself without the intervention
y, tho chief or any officer in any of the Executive De-
par.ments The telegram under which the arrest was
made is signed "Andrew Johnson fresiaehS & ot uae
United States. Secondly, it appears that tne cUn'u
ance of the petitioners imprisonment although pro-
noince to be unlawful by the Courts, is by express per
soual instructions from the President His telegram 70
S;nn Thomas in reply, presume, to one sent him
touching this case is also signed "Andrew Johnson
President of the United States" Thirdly 1t appears
that General Woods should not be held 10 answer cri
ay in this case for refusing obedience to witt OF
1ateas corpus Fourthy, it appears that the lprisol
nent of Dexter is not for any OF the causes o
which, and that he is not himself one OF tue persons
aganst whom the privilege of the writ Of hddc0S corpus
has ever been suspended If he is guilty, as alleged,
his offence is malversation in purely civil ONCE ana II
will hardly DC contcnded that the public safety now re-
aures the trial of offence against the treasury 10 oe
6y military tribunal martial are the necessar!
bIt mere adiuncts Of war establishment civil Juoca-
tories are the appropriate and chosen tribunals estao
shed by law not for the punishment OF the 9uy
than the protection OF the innocent.
It is under the circumstances, thus briefly recGplu
lated that this unscery conflict between the mitary
and The civil authorities has been provoked. clan
exemption from any responsibility for it. And as IN
our land no public and no official station Is, OF
ought TO be- beyond the public watchfulness, anu rs
with place and power held In trust for the peo
ole deem it due alike to them and to myself to make
the foregoing statements of fact. And upon oehaf OF
the Judicial Office respectfully protest against the act
of the President and assert that tie trial OF thu peu
honer Dexter, cannot lawfully proceed in any othor
than the way established and according to the forms
prescribed in the Constitution of the United Staes-a
scrupuous reverence and obedience to which is at
knighest and most patriotic service that either
citizen or government can render to the country.