The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-06-07
CIRCUIT COURT At RALEIGH, n. C.

Remarks Of Chief Justice Chase-Rcnsons for
the Delay In Opening tho Courts.
RALEIGH, Juno Q, 1867.
At the opening the United States Circuit Court this
morning. at tho State Senate Chamber, large number
Of distinguished members Iof the bar were pres
emit Before proceeding to business Chief Justice Chase
made the following remarks TO practitioners
GENTLEMEN OF THE BAR--Before proceeding TO the
regular business think 1t proper to address few OBJ
Of the Union were excluded from North Carolina b the
rebellion. When active hostes closed, in 1855, ma
tonal military authority took the place OF all ordinary
civil jurisdiction, controlled its exercise All courts
whether State national, subordnated to military
supremacy, and acted, when they acted at all, under
general under the direction OF President thought Mt
TO prescribs Their might 30 disregardcd and
their judgments and DEGREES SGT aside by military orders
Under these circumstances the Justices OF the
Supreme Court allotted 70 tho circuits. which include
the nsurgsnt States ASHAMED from joining the district
was unnecessary, for the district judges fully
thorized by law to hold the Circuit Courts without the
ns $ q snd ali
civil cases and their attendance was unnecessary for
another reason. The military tribunals at thavtims,
and under the existing circumstances, were competent
70 the exercise Of all jurisdiction, criminal and civii
which belongA under ordinary circumstances TO civil
S.r noS = ana
they regarded IL - unnt In itself and injurious "
many way. % the public . interests that the hs
he supervision ana control Of the Executive Depart
the civil tribunal was wishdawn BY the President Tho
writ o( habsas corpus which had been suspended was
restored and military authority in civil matters Was alb
nation Ct 1g, And p; By ~: %.
sr ursd,cos and tho Justices Of the Supreme
Court expected TO Join the district judges In holding the
Washngton On the 2sd Of July, 1885, however, &C!
Of Congress reduced the nunber Of the circuits and
changed Materially the tsTcts OF which the southern
:. "s so%sss q Il S.ss 6: sa
such sotmsn. The justices d that court have circuit
Jurisdiction The effect Of the act, therefore, was 70
suspend the authority Of tho Justices to hold the circuit
courts in the altered circuita This suspension was
removed By the ac o. March 5So ~ wnoa ns%
iho Supreme Court have been again assigned TO circuit
du les and tho Chief Justice has been allotted to hold
cult Of which lhe district OF North Carolina Ia made
part am here. therefore, to join my brother, the
district judge In holding the Circut Court Tor this dis
trct II Is the FIRST Circuit Court held In any district
within the insurgsnl States a which Justice Of the
Supreme Court could DO present without disregard OF
superior duties a. the scat o. government OF
Southern will Join In holding the courts at the
regular prescribed by law and thus the national
civil Jurisdiction will be fully restored throughout tho
Union Il is true that military authority is still exer-
eissd within these Southern circuits but not now as
formerly consequence OF the disappearance OF local
authority and supervision control OF all tribunals
whether national IL used under acts OF
Congress- and only 70 prevent illegal violence 10 persons
and property and to facilitate the restoration Of every
state 70 equal rights and benefits In the Union. This
military authority does not extend In any respect TO the
courts Of the United States Let hope that hence
n ~ ac, ,s91 aosoy over and
will hereafter suspend the due course Of judicial adj
mnsraton by the national tribunal In any part Of the
republic.
In hearing unimportant cases and motionA