American citizen. [volume] (Butler, Butler County, Pa.) 1863-1872, 1867-09-18
Goodloe to sickles.
OFFICE OF UNITED STATES MARSHAL
R,yprnu N n JuIy 20 1897

OFFICE OF UNITED STATES MARSHAL
RALEIGH, N. c., July 80, 1867. !
SIR l have the honor to enclese a
copy of an order from one of your sub,
ordinates to my deputy at Wilmington,
which forbids the enforcement ct an ex-
ecution issued at the June term of the
United States Circuit court. In this |
feel assured that he is mistaken, since |
cannot suppose that you would under
take TO set aside any law of the Govern
ernment to which you owe allegiance.
l am strengthened in this view of the
case oy the opinion of the Chief Justice
delivered to the bar in this city at the
opening Of the court. You are aware
that my duty is to obey the laws of the
United States, and as l at the same time
greatly desire to avoid collision be.
tween the civil and military authorities,
l have directed my deputy to suspend
the execution of this writ until you can
be informed of the facts | have the
honor to be, very respectfully,
TSigned1 DANIEL r. GooDLoE.
sickls's Reply
General Sickles in reply, solicits a
copy of the opinion Of Justice Chase and
the nature of the process issued from his
Court to which the Marshall thus re.
piled:
The Marshal Again.
U. S. MARsHAL's Office,
RALEIGH, August 20, 1857.
AS l caunot reuognize the right of the
military authorities to obstruct or inquire
into the nature of the process of the
United States Courts put into my hands
| must dec iue to give the information
calle Cor, as to where and when the
several causes of action occurred, wheth>
err the action was for debt or other caus-
es, where the suit begun, where judg-
ment was given, aud where the final
process Of execution issued. The ad'
dress of the Chief Justice to the bar was
published in the newspapers of the
State .about the tenth of June,
and eau doubtless be found at Whining
ton.
CSiguedl DANIEL r. GooDLoE.
TIL. Lsgsl Points.
General Slckles, however, finally OBJ,
aimed. the record of the court aud laid
the matter before the Judge Advocate of
the. second military district, who summed
up the legal points as follows;
First, That a revocation of General
Order No. 10 would be grievously pref
judicial to the interests Of the people OF
the Carolinas.
Second, That it does not appear that
| any conflict exists between the United
States Circuit Court for North Carolina
aud the military commander of this dis
trict, but merely a collision with the
Marshal, prematurely forced by the lat
ter.
Third, That tits reasonable to believe
that Mr.. Chief Justice Chase, with the
question before him, will conform pro.
ceedings on final process to the local law
as modified by the Commanding General
Fourth, That Congress intended to
make the military in these districts para
mount to all other departments of the
Government.
Fifth, That to concede to the United
States Courts authority to overrule the
Military Commander will be apt to lead
to substantial notification of the Recon.
struction acts.
| Cen. sickls's Opinion.
On this opinion Gen. Sickles based
his report, just published. The remain
der of the correspondence relates tc
merely formal details between the Com
mauding General and his subordinate
officers. The above with the telegraph
ic correspondence already published be-
tween Grant aud Sickles mrkes the of
fetal history of the case complete.
The Brooklin Eagle continues
to inculcate the revolutionary idea o.