Lamoille newsdealer. [volume] (Hyde Park, Vt.) 1860-1877, 1867-06-12
NORTH CAROLINA,

8 Opening of the United State Court in IA
t eigh Address by Chief Jutice Chase
RALEIGH, June 6. At the the openir
e of the q. s Circuit Court this mornir
D at the State Senate Chamber, a lar.
number of distinguished members of ii
bar were present. Before proceeding
business Chief Justice Chase made the 70
lowing remarks:
Gentleman ofthe Bar. Before proceed
ing to the regular business think it prop
er to address, few observation to you. Fo
more than four years the Courts of tn
Union were excluded from North Carolin,
by rebellion. When active hustilities ceas
ed in 1865, the national military author
ity took the place of all ordinary civi
Jurisdiction, or controlled its exercise
All Courts. whether State or National
we're subordinated to military supremacy
and acted. when they acted all, under such
limitations and in such cases as the Com.
handing General, under the direction Of
the President thought fit to prescribe.
Their process might be disregarded and
their judgments aud DEGREES set aside by
military orders. Under these circumstan.
ces the Justices ofthe Supreme Court allot-
ted to Circuits which include the ipsurgent
Sta'Os abstained from joining the District
Judges in holding Circuit Courts. Their
attendance was unnecessary, for the Dis
triet Judges were fully authorized by law
to hold scivil Circuit Courts without the
Justice of the Supreme Court, and to ex-
ercise complete jurisdiction in trial of all
criminal and almost all civil cases. and
their attendanc was unnecessary for an
other reason. Military tribunals at that
time. and under existing circumstances,
we're competent to the exercise of all the
jurisdiction, criminal and civil, which be.
longs under ordinary circumstances to the
civil Courts Beirg unnecessary, II JUS
tees thought their attendance would be
improper and unbecOmiug. They regarded
1T as unfit in ITSELF and injurious in MANY
ways to the public interests that the high.
est officers of the Judicial Department of
The Government should exercise their iu.
risdiction under the supervision and con.
'rol of the Executive Department.
At length. however. military control
'ver the civil tribunal was Withdrawn by
he President, the writ of habeas corpus.
which had been suspended, was restored
md military authority in civil matters
brogated. This was effected partly BY
ne proclamation of april. 1866, and part
J by the proclamation of Aug 90, 1866.
'hese proclamations reinstated the full |
uthority of the National courts in all {
natter within their jurisdiction. The
ustices OF the Superior Court are expect
to join the District Judges in holding Z
lie Circuit Courts during the interval be. !
veen the terms at Washington. On the
ID OF July, 1866, however. an act Of Z
ongress reduced the number of circuits a
I'd changed materially the districts Of r.
hich the Southern circuits we're composed "
Ithout waiting or providing for an allot-
ent Of the members of the Supreme =
'urt to new circuits. and without such U
lotment the Justices Of that Court have
circuit jurisdiction. The effect of thas u
l. therefore. was to suspend the autAori o
OF the Justices to hold Circuit Courts p
the altered circuits This suspension 10
Is removed by the act of March 2. ~
~. by which the new allotment was "a
tEorized. Under this act the JUST .es "a
the Supreme Court have again been ou
agned to circuit districts. The Chief ~
stice has been allotted to hold with dis. - -
Ct judges of the national court in the q,
cult in which the district Of North fe,