Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1867-09-06

63yerturned? Obviously, what was left of orde
N IS to be conserved, and what was IN dlsorde
was to be restored In respect to the revenue
the mails, etc, / have heard OF no such desHuc
tive interference but in respect to the courts, tn
disposition is exhibited to destroy Yet the who'll
series of provisions in the several acts contain
nothing in which can perceive source for sucl
an astonishing miscOnstrIctl0n On the contra
w the Following act which like the act relating t.
the allotment Of justices, took effect on the same
day with the earliest of the reconstruction acts
appears to demonstrate the opposite view.
An act relating to appeals and writs OF error t.
tho Supreme Court:
6 Be 4 enacted. DC. That where any appeal O.
writ of error has been brought 10 the Supreme
Court from any final Judgment or decree Of al
inferior court of the United States, for any judi
cial district in which subsequently TO the rendition
of such Judgment decree the regular session
Of such court hare been suspended or t"te7TuteC
IN resurrection or rebellion, such appeal or wri
OF error shall be valid or effectual nOtwthstand
ing the time limited by law for bringing the same
may have previously expired and i'll cases where
no appeal or writ of error has been brought from
any such judgment or decree, such appeal or writ
of error may be brought within one year from the
passage of this act. The provisions OF this act
shall not Apply to any case In which the right tC
bring an appeal or writ OF error had expired be,
fore such suspens sion or interruptions OF the reg
ular sessions of the court" (ScctioE ], Act OF
March 2, 1S67.)
This act. if regard be had to it's special object,
may be taken to be in para M era with tlie re
construction laws, and to the like extent, under
the rule, hey are all to be read as one law Like
the three acts above mentioned, the object OF this
was to remedy mischief, which had arisen out OF
the rebellion, but for the purpose of this remedy
the judiciary, and not the district commander,
we're to be the instrumentality. Rights Of appeal
which had not yet expired by lapse OF time were
cut Oft by circumstances. These circumstances
continued until the limitation expired, and with 1t
the right after which they ceased. The object,
nOw was to revive said rights The circumstan-
ccs which had interviewed, and which had now
ceased, are denoted IN the act. They are thus de-
defined in 1t. The regular sessions Of the court
have been suspended or Interrupted by lnsurrec-
ton or rebellion" This act by unlnIstdkab'c I'M
IliCatiOn, shows on the day of passing the prin-
cipa reconstruction statute, that with the excep-
ton OF the suspension or interruption OF the reg
1uCl- SeSeiOnS Of tie court by rebellion, etc, the
judicial establishment perfectly intact. az if
there had been no rebellion and no occasion for
restorative legislation. That this only Interrupt
ton had, to the mind OF Congress, wholly passed
away, at least, the I'd March, is evident from
the fact that the act was passed granting a thing
to be done now on the express ground that by
such interruption it could not have beeu done
formerly, and requiring that 1t be done within
year hence, otherwise the time which, III the
absence of interruption, runs against the right,
shall III the districts where the relief Is to
take effect, as it runs elsewhere.
Such, in respect to It's dlgnltyIt power, and the
unimpaired integrity of its machinery, is the jul
dicial establishment Of the United states: 70
guard its supremacy i'll the administration Of JUS
ticG, Congress has provided stern laws.
PUNISHMENT FOR RESISTING JUDICIAL AUTHORITY.
The following provisions, among others, belong
here
8 Ii any person or persons shall knowingly and
wiiiuy Obstruct, resist, or oppose any officers OF
INC United States II serving, or attempting to
serve or execute, any mesne process or warrant,
or any rule or order OF any Of the courts Of the
United States any other legal or judicial writ
process whatsoever, or shall assault: beat, or
wound any officer or other person duly authorized,
IN serving or executing any writ, rule, order, or
process II warrant aforesaid, every person so
knowingly and wiIfuly offending in the premises,
shall, conviction thereof, be imprisoned not eX-
cceding twelve months, and fined not exceeding
three hundred dollars. act 30th April, $780, Sec
ton y.
The offence Of obstructing process consists, says
cir. Justice Washington, in refusing to give up
possession, Or IN opposing or ObstructinS the exc
Cutiun OF the writ, by threats of violence, which it
IS in the power of the party to enforce Omitted
States vs.. Lowry 2 Wash, 1857 ANY obstruction
the free action of the officer or his lawful as
sistants, wilfuly placed in his way for the pur-
pose OF 0bstructing him, is sufficient. y Curtis
g e, 639.) And what Is process " under this act
The court says it embraces every legal process
whatsoever, whether issued by court in session,
or by a Judge, or magistrate, or commissioners. |
acting i'll the due administration of any law of the
United States. Omitted States ys. Lukins. 81
Wash, 335.l
Again
eff any person or persons shall, corruptly or
10y threats OF force, endeaVOr to influence lntImi-
date, OF impede any juror witness, officer in |
any court Of the United States i'll the discharge oil
his duty, or SHALL cOrrupty by threats of force
D
tee therein, every person or persons so offending
shall be liable 10 prosecution therefor, by indict
ment, and shall, upon conviction thereof be pun
ished by fine not exceeding five hundred dollars |
or by Imprisonment not exceeding three months |
or both, according to the nature and aggravation
OF the offence" (Act of p March, 1881 section
> Stat, 4SS.)
These laws are in force. Il the President could
he supposed to be willing TO suspend them, it is
certain that he has not the power. He must
however. execute the laws. What, then, shall be
iyDn IN fl.agl III L.,
ding, the peculiar energy with which the execu-
tive department is bound to act where the pre-
negatives Of the unarmed but majestic Judiciary
are insulted. The execution of the criminal laws |
uf the United States, and especially all such as
are intended 10 guard judicial authority, belongs
under the President, to the supervision of the At
torney General 1t happens thus to devolve upon
this Office to reflect the Indignation which the law
encourages III the Judicial breast against an in
.ubordinatlOn which, when it refuses reverence,
destroys power, unless the department to which
the national sword Is cOniided puts itself in mo-
ION for the ylndlcatlon OF the constitutional min
sters Of justice.
RESPONSIBILITY OF THE EXECUTIVE
1t Is not without di1idence that the importance
Il the occasion evokes a further and final remark
Ouching the legal responsibility herein of the
President of the United States
Whatever becomes a law, cOntcmDlateS for ;tSPlfI
hat it shall be executed. 1t Is thus with the rev
snue laws, the postal laws, the criminal laws and
lie military laws and it is thus with the recon |
atructlon laws, which the present Executive feels
JouhO 10 carry INTO effect, IN their true intent and
meaning, ascertalned upon those principles of in
depreciation which are themselves a tacit but sub
nissIve part Of all statutes whatever But all the
avs OF any country must be presumed to be III
harmony with each other, and, therefore should
hey appear 10 conflict with each other the recon-
lHatl0n OF them Is judicial work If under the |
'ondt!ons OF the case, the discrepancy is capable
d JUDICIAL action If not, still as the conflicting
avs must he executed, so they must be recon
;ueo ana consequently, i'll such case, those who
must execute, must also to that extent internrot
The laws. Ii the Constitution be one of the laws |
II question, the principle is of course the same |
unless. indeed, 1t be of stronger application
Chief Justice Marshal, l Crauch III, I78.l
FOR the purpose OF this execution of the laws |
however, there must be an executive power. This
power must be Cest6d, or else the country has no.
constitution. 1t may be vested, as the judicial
power unuer our Government Is, in several per-
sons or departments; or, as in countries in
4 large ASSEMBLY; or tmay be vested in a single
Wherever it is vested, there is the
corresponding responsibility. If the courts of ms
llce are to be protected from degradation it can
only be through the executive power Of the State |
Ii cannot be 10y the lawluakilg power, because its
laws are Intellectual without execution and that is
impossible, against resistance, without physical
[orce. 1hIs, then, is case fer Executive inter-
'enUon, Which, considering the transcendant val
10 OF an independent judiciary, is of the utmost
sahctlty or obligation, unles it shall appear that
The independence OF the Judiciary is not attacked
put only that the execution of law, by an execu-
i've agent, involves conflict with the pretensions
OF the judiciary. The latter WOul6 seem tn be tho