The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-09-03

MOHNlNG.
& the Ju leiary, to the executive power, or 10 an
trorer.r VI aEeihey whatsoever For example, a col
~ ,ieiy aIissulG upon contract between citizen
M 81 dInerent States. Under this orgauic proyisioI
esx m noor haT Ga right to put tho jud
sndt 10 hooh ohS ror she settlement Of their dispute
ni nnG Is OBVIOUS that this right canllot be in
pared without an amendment II the Cons;itutiou
unit Tn uHela she poTSr q tn. United States" is
singular number; and tho roasonne Of tho n,
preme Court in tho case Of Martin cs. Hunter.
c, tn1 omoot that 30 much OF il tho Constitution
Die Or segregation, and consequently vested as
Wmoio sDn IN tho Judicial establishment Il Wheaton
As PoWeT thon, it s to bo conceived OF
| ouipIesent Within lts constitutional sphere and
with respect to tho dignity of lawfiI
judicial process, the source OF tho same is not q
she tyaan slgnthcanSe and the laws forbiddng OBJ
sSructlon OF 1t, make, accordingly, no distinction
vulgar il wsit hold in the soa hand % Of 3 th
spect to the consolidated judicial power and dig
NIFTY, be OF the sano legal quality as iftho Like wri
WINS . .despiaed in the nauds OF tho hunblest sor
ysnt OF court Of the lowest grade in tho system
This much rs to the paramount authority OF In
judiciary in all matters TO which their power is OK
af .onusd by tho Constitution, acting through til,
po ser. To resist that power nnywlcre, and il
any matter, within ills constitutional spherc. is tt
rSsist ,ne MhGiG q IT. and 10 aspire to issu,
with tho JUDICIAL Department OF the Government
It might occur to some minds that if this powc,
over tho subject nI.tters confiled to II by thc
organic law bc supreme over the Legislature niU
branch OF Tho Executive, il might, in anv riyeI
case, be misnpplied iy tho error or the crime Of
the Judge. But thu; like oyery other evil Will,
anee with its provisions, Amending tho Co,,stt,i-
tion, has boon anticipated and provided against
IN that instrument. For misconduct, imPcach-
mont is provided and for error, tho right Of and
AL necessary facitios for appeal to another court
me supreme Court IT is truo, cannot bc super
sSa eIrSntSns Rss 1t n has NO original with
judicial powor, as tho only and lnAt resort for
the sottlemont OF o class OF cases and contro.
TeTaies so enumerated in Tho Constitution Crancl,
But tho action Of tho judiciary would be wholly
ineuectual, and tho power would not bc co-ordi-
elusive and binding upon tho other branches Of
the government and tho enir, people OF the coun-
try; FOR all tho proceedings OF court arc con-
nnal process. contrh, then, over the final pro-
cess IS control oror tho whole proceeding. But
@ contEol t over the whole proceeding is control
over the court, tho Judges, and the parties. This
would not be controlling, but abolshing tho court,
whether no who abolished it did or did not cou-
nnme aaa to employ its jedge. and methods Of bust
ness Tor the administration Of his will, That ho
qua 30 In ono case Is the same in effect ns If
ne had done 80 in all cases, for if he did
and lo hs tha. Of tss court was the court
u without permission, aud hecausc, in his opinion
It was right for him to do SO in that case o may
q
lar opinion; md rs it cannot be foreseen what
opinion man may form, it cannot bs foreseen in
what ease no may think he ought to Interfere; and
tain or reaching Judicial result, and under such
circumstances, there can be no legal adjudication,
and, consequently, no court. Tina shows the real
fortified against all possible interference while the
state Of society admits Of judicial sessions.
sueh being the nature OF the judicial function,
and the powers in the Federal Government It il
obvious that the territorial fields OF it's operation
is co-extensye with tho national domain, which.
with respect to the judicial power considered as a
into places Of jursdicEion as may he most ST. eoni com
To1ient for the purpose Of administering justice.
ap aes matter Of Judicial
OF them presupposcs, in their existence, organic
@ @gsog.aphisai divisions, sa Into States, inc6oato
the District Of Columbia. These are poHticai
divisions. Judicial divisions EXIST, but they
are altogether independent of them. These
ency OF administering tho Judicial power. and
may DO altered from. time to time by Con-
gress., They may and usually do coincide in
coincident With sIsh. and other . divisions Of
diction. Circuits are comrnaed usually Of several
entire States, and districth arc sometimes COM
posed of parts only OF different States. Ths does
not affect the causes OF sction over which the judi
ciary shall exercise exclusive control, for they re-
main tho same aH il each State Of tho Union was
n district, and only distrcta were established, and
no circuits. When cause OF action, or a criminal
ntraction oil law OF tho United States ariees for
the action Of the Federal Judiciary, the cognizanco
OF tho latter is forthcoming, and The only question
is, in which district or circuit shall it be taken.
Tho common territory Of the nation ia also sub.
divided for other purposes, as for the purpose OF
collecting taIos dutios &c., by act OF Congress-
directly or through executive agents, empowered
so to do. by Congress. Such divisions, like the
a - TO- arc h sesI emaRGe
Military Districts in the South examples OF
districting for specific and temporary purposes
os be
any other kind which have ever been created BY
Congress. Until tho 2ith OF September 1889, q
he sas on te
celebrated act Of CongTess Of that dato, organizing
the inferior courts Of the United States tho whole
Supreme eOur by the aonstason 1sie 7esteS
in tho courts so created. This proposition
having been laid down after solemn argument by
puted, must bo accepted as unquestionable. It
follows from this that the power of tho Legisla-
ture cannot go beyond modifying and changing
oIpedient, the organization Of tho courts and the
divisions Of the country into judicial provinces.
But having once vested the judicial power, which,
that body cannot have the power 70 vacate judi
eial tract. But IL ia otherwise with tho distributing
for revenue or other purposoa; The constitution
suro Of Congress. But there is another reason
why Congress oonld not abolish the judicial dis;
tricts OF the United Stntea, though thoy may, and
frequently do, change their boundaries. The con-
stitution provides: "In all criminal prosecutions,
the accused shall enjoy tho right to speedy
State and district wherein the crine ahal have
been committed, Wh,ch district shall have been
previously ascertained by law" amendment
Uonatstltion, Arflelo'W.l A Eovor 10 abolish all
judicial districto would, therefore, 10 powor to
abolish oil criminal Jurisdiction Of the United
states, which would deloat the law-making power
itself Tho judicial provinces Of tho nation are,
thon something moro than revenue provinces, or
reconstruction proyinces-omploying tho latter
torn TOR claarnoss Of distinction. Though sub
jeot to the Of their boundaries, as may
cannot be either o1onerated from Tbs pbwer Of,
nor deprived OF the right TO. tho national inaohiq
Cry justice; except, indeed, when violence pre-
vents tho opsSation Of that machinery, but then
only whilo the Interruption continues to prevent
the regular judicial sittlnss. violence cannot,
OF course, como from tho Legislature tsoif 6Ss of
ail through nero construction Of its acts pass-
cd with 6bjest4 extremely remote from sueh pur-
pose. 10 ~
What, then, is the Status Of that judiei8l. PRO.
vince which Is designated by law the pisfrict Of
North Carolina" With respect TO the saactiS OF
civil process
4 126, It Ia provided,
"The said State shall be qne district, to be called
the North Carolina District; and there sbalI he o
district court therein" etc. .
BY tho act Of 18th July, 1876 70 Stat, 49, II is
provided, that "the circuit courts Of tho United
States, for tae 3Islipt. ef North Caroline. shall
ali actions, suits, appeals. sscognisancee, pro-
| cesses, writs and proceedings Yaatsoever, pond.