The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-09-03

u teTrnptinn he regular sc-sious of TN, ,ouri
rebellion etc. the Judicial establishment wns nc
a ,"sa int'; do ~ there had been rebellion az
no OCCASION ior restorative legislation Thai m
only interruption hal. to The iulud uf Conpr,-
WHO'LL passed AWAY. at least Un tho I'd March,
c'i'lnnt fiofIl the tact That the act VA. uass,
giaulnS tliiu, 10 b. ,tu,iv now On ihu ~ ,,r1
ground that iN such interruption I, ronld moi hn,
been dona torit"ry. a,d requiring that it be tIUr
! within one year hence, M otherwise tho liz,
whi:h, IN tho absence Of interruptions runs again
tho right, shall run ill the dstiirts where tic r.
1et d. to take effect, AZ i runs elsewhere.
such, in respect to its dignity, it's power MI
the uniinpairn integrity of iin nacllilu y in IN
! Judicial establishment of the United States Il
guard It's supremacy in the administration OF j,l.
; lico' Congress has provided storm laws.
PUNISHMENT FOR RESISTING JUDICIAL AUTHORITY,
Tho following provisions, among othors. belou
III any person or persons shall knowingly an
muluIiy O'struct, resist, oppose anv officer a
Tue United HtateB in serving, or ATTEMPTING 4
serve or execute, any moanr process or warrant
| W W my Tur or order of any Of the Courts of I'M
ohlteu States, or any other legal or iuJcinl wri
| UT process whatsoever, Or shall assault bent ~
Mouilu nhy othcer or other person duly authorized
I'LL SERVING or executing any writ rule order nr uro
| cess or warrant aforesaid, ovcry pcrsDn so know
lnSlr and wilfully offending in the premises, SINH
n Gm c"Eeton thereof DO imprisoned not exceed
| ing twoive months, aud fined not cycecdiu ihr,,
hundred totiars." iAct 30lh April 1920, section ~
A. t"nonehce OF opstrnctlI,g process consists sAyr
| n,,; uS.n" hasIiin6toh, III refusing to giyo uI
IossesHlon nr III opposing or oatructing tho OK O..
cton OF The writ, by threats of violence which il
Gia, u IN tue power OF the pnrty TO enforce Omitted
to tho free action of the officer, or his lawful ms.
slstants, wilfnlly placed in his way for tho pur.
pos" oil o6lstruciing him, is sufficient Re Curtis.
=. G., G59) And what is ''proccss" under
Iir legal "GGttI GttI, Tho courts say it embraces oyeS:
court ii session. nshSatts,ooyer St magistrate or ~
commissioner. acting In tho due administration Of
| any law Of the Unitod States. Omitted states w.
i.ukins, > WASH. :s5.,
Again:
=" u any person or PERSONS shall cDrrIpty or hy
threatr OF force, endeayor to niueucc, intimitato
eourt Of the United States in the ID discharge II, of his
duty, or shall, corrnptly or by threats OF force,
obstrnct or impede The duo administration OF
justice thercI!l every pcrson or pcrsons Offend
ing shall Da liable to prosecution therefor, by i'll
dlctmont, and shall, upon conviction thereof Le
punished by fine not exceeding live hundred dol
months or bot aecorI;n nHs o. excfedng .hreo
grayatou OF the oflcncc." {Act of cd March IB3l
section 2, 4 Stat, 1881
be supposed TO- be willing to suspend them. It is
certain that he has not tho power IIo must how
ever, execute the laws What, then, shall be
done with these? l shall consider, before
cluding, the peculiar energy with Which the exccu-
two department is bound to act whore tho pr.rop-
atires Of tho unarmcd hut majestic judiciary are
the United States, and especially all such as aro
intondcd to guard judicial authority, belongs nm
der the President, to the supervision OF the Attor
nny-Gcnera. II happens thus TO dcyoly, uuou
this Office to reflect tie indignation which The law
encourages in he judicial breast against an insub
ordination which, when It refuses reverence dcs-
natioial sword is conhded puts itself in motion
for the Sindication OF tho constitutions, ministers
Of justice.
RlsPoSsIRil.IrF OF THE EYECUrIyr
1t is not without diffidcnce that the impor,ancc
OF the OCCASION eyokes a further and final lemark
tonchIng tho legal responsibility herein of the
President OF the United States.
Whatever becomes a law, contomplateb for itself
that It shall be executed. II i, thus with the
revenue laws, the postal laws. the criminal laws,
construction laws. which the present executive
feels bound 10 carry into effect in their true intent
and meaning. sscortained upou thnso principles OF
which are themselves q tact lmt
substantive part OF all statutes whatsoever But
all the laws oil any country must be presumed To
he III harmony with each other, aud, therefore,
Ahond they appear In cOnilict with each other
the reconciliation of tllom is a judicial work, H.
under the conditions OF the case tho discrepancy
is capable Of Judicial action. II not, STILL as the
tnnsb wnd must execute, uiso TO init extent
interpret tlr law=. II t!e Constitution lie one 0f
the laws in question:, the principle is, Of course
tho samo, unless, indeed, IL bn OF stronger appl
ration. tGhief Justice Marshal, Cranch, IT. 1871
For The purpose OF this execution Of the laws |
However there must be an executive power. This
power must ho vested, or elso tho country haA no
Constitution. 1t may bo vested, as the Judicial |
power under our Government is in several per-
ar departments; ur, ~ III some count cs in
y largo assembly; or it may br vested i'll single
corresponding responsibility. II tlio courts OF
juatire are to be protected from degradation, it
can only bo through tue executive power nf the
State. 1t cannot Inc b! the luw-n,aking power, he
cause its laws arc Intellectual without execrl-
tinn, and that ~ impossible, against resist
ance, without physical force. This, then, is n
case Ior Executive intervention which, considering
the tranAeendaut value Of an independent judici-
ary is Of the utmost sanctlty OF obligation, unless il
ahal appear that The Independence Of tho Judiciary
ia not attacked, but only TINT the execution Of a
law, by mn executive agent, involves conflict with
the protcnsions of the Judiciary. The latter would
seem 10 be the riew OF the officer charged with the
execution Of the reconstruction OF the Carolinas
and ho 10 an executive officer But jurisdiction IL
n Judicial question, and one which the judiciary
has, i'll this instance decided, and decided against
the executive officer. Tho Inter, not acqucscing
the case would resolve itself into case Of a
collision between the Executive and tho Judicial
departments Of common government. Thnt de-
fines revolutionary relation between them.
But has that revolutionary relation arisen? /
think not. If the Executive power of tho United
statos resists tho judicial, power Of tho United
States there is, indeed, such relation. But the
Constitution of tho United States provides
'rhe Executive power shRli be vested in 4
President OF the United States OF Alnerica." Art.
H., zee. l.
all powers of the Federal Courts run in Inc
nnlnc OF the President OF tho United States be-
cause the mandates OF the court call him to action,
as they do all, to submission and he must execute
power Of tho nation il necessary.
Ia your Encclency in state of collision with
the national judiciaryP If not, since the whole
executive power is thus vested in you BY tho or
ganic law, and can BIO Invested by nothing but q
change OF that organic law during your ncrm-
boncy, it must follow that tho collision OF author
ity which is the subject hereof, is the Nero mis-
dorneanor Of contuniacious and unfaithfu execu-
two agent, who having offended against the lawful
power OF the judiciary, has rendered hmsolf liabo
to prosecution according to law. But the. great
which appears to mo to ariBo on
such an occasion, whero Tho physical power OF
tho offender is great, is this: that for tho
solo Executive to suffer the Judiciary to DO
overthEoWn in any case, would be potentially to
overthrow it himself, and, therefore, nm solemn
~ impressed with tho beliel that unless tho Pres
ident promptly reprssses the contumacy thus dis
tston Of culpable insensi6ilty to tho coordinate
dignity and paramount ssnctity OF the national
department OF juatice. Contempt of law indulged,
speedily grsaps at the heartstrngs of public order.
So teaches history.
Very respectfully, your obedient servant,
JOHN NJ. BINCKLEY,
Acting Attorney General.
TO ANDREW JOHNSON, President OF the United
States.