The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-06-07

Chief Justice Chase and tho United States
Court ut Raleigh.
RA1MaH, June 6.-At the opening OF the United
States Circuit Court this morning in the State
Senate Chamber, 9 large number u distinguished
members of the Bar were present, Before proceed
Ing to BUSINESS Chief Justice Chase made the fol-
lowing rsmarksi
sora proceeding to the regular business think it
necessary TO address q few observations to you.
For more than four years the Courts OF the Union
were excluded from North Carolina by rebel
hon. when active hostilities ceased in 1865 the
National Military Authority took the place OF
siI ordinary owl jurisdiction or controlled its
exei else, All Courts whether State or NatioLal,
were subordinate to military supremacy. ana
acted, when they acted at al, under such Imlta-
eral under the direction of the President thought
at TO prescribe. Their process might be disge<
csrded and their judgments and DEGREES seC aside,
by ndfltsry orders, Under these circumstances,
the Justices Of the Supreme Court attended 70 tne
circuits which excluded the insurgent States, and
sbstained from assisting the District Judges In
holding the Circuit Court. Their attendance was
,nnnecessary for the District judges were fully
authorized by law to hold the Circuit Courts with
out the Justices Of the supreme fra Of ali
Criminal, and almost all civil, cases, and
Shair attendance was unnecessary for another
? ason the military tribunals at that time ana
nnder the existing circumstances, were comPetenIt
which belongs, under ordinary circumstances, 10
Circuit Courts. Being unnecessary, the Justices
fhoneht that their attendance would be improper
and 1nbecoming. They regarded it as unht In
ITSELF and as injurious in many ways 10 the PuDnc
irterest, that the highest officers OF the Judiciary
Department OF the Government, should exercise
thar fnnotions under the supervision and control
OF the Executive Department:
sAt moth however, the military control over the
civil tribunals was Withdrawn by the fresldent.
The writ of habeds corpus which had been sus-
pended had been restored, and military authority
nert;aiy by the procIauYStions Of April, and fully
by the proclamation Of August Goth, 1866. These
nrooIamations reinstatkd the full authority OF the
nat,onal Courts in all matters within their Jursdlc-
tion. and the Justices Of the Supreme Court ex-
pected to Join the District Judges IN holding the
Circuit Court during the intervals s1y oesSse1 fsss ht 6ne
ever. an act Of Congress reduced the numbers OF
the Circuits and chahged materially the Districts
of which the Southern Circuits were composed,
without making er providing for au allotment OF
the members Of the Supreme Court 10 the new Clr-
cults, and, without ouch allotment, the Judges
have no Circuit jurisdiction. The effect OF the act
before alluded to was Mo- suspend the authority Of
the Justices and prevent them from holding the
Courts in the altered Iircuits. This suspen sion
Was removed by the act Of March 2, 1867 by which
a new allotment was authorized. Under TINS
act the Justices OF the Supreme Court have
bean again assigned ito. Circuit duties and and
i. hs Chief Justice hats been akt.ed to hold
,,;Sb the District Judges the National Courts in
tbe Circuit for which fthe District Of North Caro-
lima ia made 3 part. 4 am here, therefore, to JON
INV brother, the. District Judge, IN holding the
Cycuit Court iI this District. It is the hrst Cr'
emit Court held in any District within the msur'
gent States at which Ia Justice of the supreme pr mn,
Court could be -presen4 without q disregard 70 So'