New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1867-06-07
THE SOUTHERN STATES.
NORTH CAROLINA.

| OPENING OF THE UNITED STATES CIRCUIT COURT
\ ADDRESS OF CHIEF-JUsnCE CHASE TO THE BAR.
p TKIBUSk
/ RALEIGH June 6.-At the opening of the United
States Circuit Court this morning at the State Senate
/ Chamber a large number of distin gushed members
/ of the Bar were present Before proceeding to bnsi
ness ChefJustice Chase made the following remarks
7 TO practitioners:
I GENTLEMEN OF rIE BARG Before proceeding 10 the
regular business think 1t proper to address few obser
you For than four years the Courts OF
| the Union excluded from North Carolina by the
Rebellion When active bosttes ceased in 1865, National
Military authority took the place OF all ordinary civil
Jurisdiction controlled it's exercise; all Courts whether
state National were subordinatea TO military supren
acy and acted when they acted at ALL under such ini
ons and in such the Commanding General under
the direction Of the President thought tit TO prescribe
Their process might be egared and their judgments
and DEGREES aside by military orders. Under these
circumstances the justices Of tho Supreme Court
| allotted TO the Circuits. which include the in
surgent States, abstaincd from Joining the
District Judges in holding the Circuit Courts.
Their attendance for the District Judges
were fully authorized by law to hold the Circuit Courts
without the Justice OF the Superior Court and to exercise
complete jurisdiction in the trial of all criminal and
almost ali civil eases, and their attendance was unneees-
sary another The military tribunals at that
time and under the existing circumstances were conpe
which belongs under ordinary circumstances to eivh
courts Being unnecessary the tJustces thought that
| their attendance would Inc improper ana unbecOmilg,
they regarded 1t unfit in itself and injurious In many
ways public interests that the highest officers the
judicial Department ~ the Government shOnd exercise
their fun cons under the supervision and control Of the
Executive Department At length. however, the militia
~ control the civil tribunals, withdrawn BY the
President The writ OF habcas corpus which had been
suspended restored and the military authority IN eivl
matters was abrOgatcd This was effected partially by
the proclamation Of April and partly by the proclamation
Of August 10 1860 These prOclamauons rcnsated the
fun authority Of the national Courts in all matters
within their jur-cton and the Justices Of the Supreme
Court expected to Join the District Judges IN holding tho
Circuit Courts during the interval between the terms at
Washington the 23d Of July 1906 However an act OF
Congress reduced the number Of the circuits and changed
materially the districts Of which the Southern circuits
were composed without making providing for an alot
mont Of the members 81 the Supreme Court 10 the new
crcuits and without such allotment the justices of that
Court have no circuit jurisdiction The effect Of the act
therefore suspend the authority Of the Justices 20
hold the Circuit Courts in the altered circuits. This
suspension removed by the act Of March p 1861
by which allotment was authorized Under
tins the Justices Of the supreme Court have been
again assigned circuit duties, and the Chief Justice
has been allotted 10 hold with the District Judges the
National Courts the Circuit Of which the District Of
North Carolina is made part am here. therefore, to
on my brother the District Judge m holding the Circuit
Court for this District IL is the first Circuit Court held
In any district within the nsurGont States at which
Justice OF the Supreme Court could De- present without
Of superior duties at the seat 81 Government
or usurpatou Of jurisdiction. The Associate Justices
allotted tho other Southern Circuits Will join In holding
Courts the regular terms prescribed by law. and
thus the national civil jurisdiction vii be fully restored
ghout the Union II is truc that military authority
Is s exercised within these Southern clncus but not
now as formerly consequence Of the disappearance of
local authority and IN supervision or control Of all trb
nails whether state or National II Is now used under
acts of Congress and only prevent Illegal violence la
persons and property and 10 facilitate the restoration Of
every state 10 equal rights aud benefits the Union.
This military authority docs not est""'i Q" r"~oct
tbc Courts Of the United states Let ms hope that hence
forth neither rebellion any other occasion Tor The as
serting OF any military authority Courts and Jas
tices viii hereafter suspend the due course Of judicial adj
muistraon by t.e national tribunal Ia any part Of the
Repubnc.
The REMAINDER Of the time was consumed 10y the
Court in hearing unimportant eases and motions.