The tri-weekly standard. [volume] (Raleigh, N.C.) 1866-1868, 1867-06-08
United States Circuit Court.

On Thursday the Senate Chamber 10 the
Capitol, where Court is held, was filled with
a large assembly of learned lawyers and cit
liens, anxious to hear the charge of Chief
Justice Chase to the Grand Jury.
The Chief Justice took a seat at the Speak
er's desk, Judge Brooks on his left. Court
having been duly opened, Judge Chase read
the following address to the members of the
bar present on the occasion, which was lis
tened to with deep interest:
GENTLEMEN THE BAR.-Before proceeding
to the regular business, l think it proper to adj
dress few observations to you.
For more than four years, the Courts of the
Union were excluded from North Carolina by re-
bellion. When active hostilities ceased in 1865,
national military authority took the place OF all
ordinary civil jurisdiction or controlled its eXer-
else. All Courts whether State or National, were
subordinated to military supremacy, and acted,
when they acted at all, under such limitations
and in such cases as the Commanding General,
under the direction of the President, thought tit
to prescribe. Their process might be disregard
ed, and their judgment and DEGREES set aside by
military orders.
Under these circumstances, the Justices of the
Supreme Court allotted to the circuits which in
cluded the insurgent States, abstained from join
ing the district judges in holding the Circuit
Courts.
trict judges were fully authorized by law to hold
the Circuit Courts without the Justice of the Su-
preme Court, and to exercise complete jurisdIc-
tion in the trial of all criminal and almost all
civil causes. And their attendance was unneces-
sary for another reason. The military tribunals,
at that time and under existing circumstances,
were competent to the exercise of all jurisdiction,
criminal and civil, which belongs, under ordina-
nv circumstances, to civil courts.
Being unnecessary, the Justices thought that
their attendance would be improper and unbe-
coming. They regarded it as unfit in itself and
as injurious, many ways, to the public interests,
that the highest officers of the judicial department
of the government should exercise their functions
under the supervision and control of the eXecu-
tive department.
At length, however, the military control over
the civil tribunals was withdrawn by the Presi-
dent. The writ OF habeas corpus, which had been
suspended, was restored, and military authority
in civil matters was 9brOgated This was effect
ed partially by the proclamation of April 2, and
fully, by the proclamation of August 20, 1866.
These proclamations reinstated the full author
ity of the National Courts in all matters within
their Jurisdiction and the justices of the Supreme
Court had expected, whenever their authority
should be fully renstatrd by executive or legis-
ature action, to join the district judges in hold
ing the Circuit Courts during the intervals between
the terms at Washington.
On the 23d of July, 1866, however an act OF
Congress reduced the number of the Circuits and
changed materially the districts of which the
Southern Circuits were composed, without max
ing or providing for an allotment of the members
of the Supreme Court to the new Circuits; and
without such allotment the justices of that Court
have no circuit court jurisdiction The effect ofthe
act, therefore, was to suspend the authority of
justices to hold the Circuit Courts in the altered
Circuits.
This suspension WIS removed by the act of
March I'd, 1867, by which new allotment was
authorized. Under this act the justices of the
Supreme Court have been again assigned to
Circuit duties and the chief justice has been al
lotted to hold, with the district judges. the
tonal COURTS in the Circuit of which the district
of North Carolina is made part.
I am here, therefore, to join my brother, the
district Judge, in holding The Circuit Court for
this district 1t is the first Circuit Court hello in
any district within the insurgent States, at which
Justice of the Supreme Court could be present
without disregard of superior duties at the seat
of government or usurpation of Jurisdiction.
The associate justices allotted to the other
Southern Circuits will join in holding the Courts
at the regular terms prescribed by law, and thus
the national civil Jurisdiction will be fully re-
stored throughout the Union.
1t is true'that military authority is still exer-
cised within these Southern circuits; but not now
as formerly, in consequence of the disappearance
of local civil authority and in supervision con-
troll of all tribunals, whether State or National. 1t
is now used under acts of Congress, and only to
prevent illegal violence to persons and property,
and to facilitate the restoration of every State to
equal rights and benefits in the Union. This
military authority does not extend In any respect
to the Courts of the United States.
Let us hope that neither rebellion nor any
other occasion for the assertion of any military
authority over Courts of justice will hereafter
suspend the due course of judicial administration
by the national tribunals in any part of the re-
public.
The Grand Jury were then assigned seats
on the right. Chief Justice Chase announced
that there would be no general charge to the
Jury, and they retired.
The following gentlemen were then ad-
mitted to practice in the Court: Messrs A.
W. Tourgee, W. Fl. Bagley, P. H. Winston,
Geo. Howard, W, w. PEBBLES, W. J. Clarke,
Jno. F. Wooten, Thes. Wilson, D. NJ. Carter
and G. R. Thomas.
Mr.. Biggs raised the question as to whether
the rules of pleading in the federal Courts
would be modified so as to conform to rules
of pleading now in practice in this State
In other words, Mr.. B. raised the question as
to whether the State stay law would be OBJ.
served by the Court.