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


Of different States. Under this organic provision
the parties have right to put the Federal Judi
ciary in motion for the settlement Of their DISPUTE
and it is obvious that this right cannot be i'm
paired without an amendment of the Constitution.
The sjudicial power Of the United States" is Q
unit. In the Constitution it is mentioned in the
singular number; and the reasoning Of the Su-
preme Court in the case OF Martin u.s. Hunter, is
to the effect that so much OF IL as the Constitution
left Congress to vest in inferior courts was incapa
BILE Of segregation, and consequently vested as q
| whole in the Judicial establishment Il Wheaton
330). AS power, then, it is to be conceived Of as
omnipresent within it's constitutional sphere, and
conseauently with respect to the dignity Of lawful
judicial process, the source OF the ssme is not Of
the least significance, and the laws forbdding OBJ.
struotion Of it. make, accordingly. no distinction
The contumacy, therefore, which would be more
vulgar il offered to writ held in the hand Of the
spect to the consolidated Judicial power and dig
nifty be Of the same legal quality as If the like writ
| was despised in the hands Of the humblest SER
want Of court Of the lowest grade in the system.
This much as to the paramount authority OF the
Judiciary in all matters to which their power is ex
tended by the Constitution, acting through the
| courts and officers, who are the organs Of the
po yer. To resist that power anywhere, and in
any matter, within its constitutional sphere, is to
resist the whole Of it, and TO aspire to an issue
with the Judicial Department Of the Government.
| It might occur to some minds that II this power
Il
organic law be supreme over the Legislature and
| the Executive, and OF course, over the military
branch of the Executive. it might, in any given
case, be misapplied by the error or the crime Of
| the Judge. But this, like every other evil with
which we may lawfully cope, without, in accord
ance with its provisions, amending the Constitu-
1 ton, has been anticipated and provided against
| in that instrument. For misconduct, impeach-
ment is provided and for error, the right Of and
all necessary facilities for appeal to another court.
The Supreme Court, it is true, cannot be super
vised but it has no original jurisdiction, with two
exceptions only. Such is the character OF the
| judicial power, as the only and last resort for
| the settlement OF class OF cases and contro-
yersies enumerated in the Constitution. Il Cranch,
| 1T, 178)
But the action Of the judiciary would be wholly
Intellectual, and the power would not be co-ordi-
nate, unless the result, in proper case, was con-
the Government and the entirs people Of the coun-
try; for all the proceedings OF court are con-
Quoted for the sake OF the result, which is the
final process. control, then, over the final pro-
cess Is control over the whole proceeding. But
over the court, the judges, and the parties. This
would not be controlling but abolishing the court,
whether he who abolished it did or did not con-
tinue to employ it's Judge, and methods Of busi-
ness for the administration Of his will, That no
did so in one case Is the same in effect as II
he had done so in all cases, for il he did
it by permission Of the court, it was the court,
and not he, that exarted the. power; if he did
it without permission, and becsuse in his opinion
it was right for him to do 80 in that case. he may
do SO in any other case In which he forms simi-
lar opinion; and as 1T cannot be foreseen what
opinion man may form, it cannot be foreseen in
what case he may think be ought to interfere; and
If any case Is liable to interference caseiS GER
tain Of reaching Judicial result, and, under such
circumstances, there can be no legal adjudication,
and, consequently, no court. THIS shows the real
necessity OF judicial authority which is securely
fortified against all possible interference while the
state Of society admits Of Judicial sessions. /
Such being the nature q the judicial function is p
obvious that the territorial fields Of its operation
is co-extensiye with the national domain which,
with respect to the judicial power considered as
unit, is single tsrritory, subject to be divided
into places OF Jurisdiction as may be most con-
venient for the purpose Of administering justice.
But with respect to the subject matter Of judicial
copnizance It is far otherwise. large proportion
of them presupposes, in their existence, organic
geographical divisions. as into States, inchoate
the District Of Columbia. These arc political
divisions. judicial divisions exist but they
are altogether independent Of them. These
are adapted solely 70 the presumed expedi-
ency OF administering the Judicial power and
gress. They may aud usually do coincide in
Some degree with poiiSiceE and other divisions of
the national domain, Bnt fhey arc not necessarily
coincident with such. They are places OF juris-
dction. Circuits are composed usually OF several
entire States, and districts are sometimes COM
posed of parts only Of different States. This does
not affect the causes 0e action over which the Judi
ciary shall exercise exclusive CONTROL for they re-
main the same as if each State Of the Union was
district aud only districts we're estab blished, and
no circuits. When cause of action, or criminal
infracton OF law OF the United States, arises for
the action Of the Federal judiciary, the cognizance
Of the latter is forthcoming, and the only question
is in which district or circuit shall it be taken.
The common territory Of the nation'is also sub.
divided for other purposes az Tor the purpose OF
directly or through executive agents, empowered
so to do, by Congress. Such divisions, like the
judicial provinces referred TO- are subject to change
at the pleasure Of Congress. The reconstruction
Military Districts in the South are examples OF
districting for specific and temporary purposes.
But here arises q most Important distinction be-
tween judicial geographical divisions and those OF
any other kind which have ever been created by
Congress. Until the oath Of September, 1889, q
Stat 7S ct seq,) the Judicial power Of the United
ass nSt q ossss Sss 'sss osss
the inferior courts OF the United States the whole
judicial power, not directly vested in the
Supreme Court by the constitution, vested
in the courts SO created. This proposition
having been laid down after solemn argument by
the greatest Of our Judges, and never since dis,
follows from this that the power of the Legisla-
ture cannot 20 beyond modifying and changing
from time to time, as in their wisdom may seem
expedient, the organization Of the courts and the
Divisions Of the country IN into judicial proypG;sss p;ss
as we are Instructed, Congress- was bound to do,
that BODY caunot have the power to vacate Judi
cia tract But 1t is otherwise with the distributing
for revenue or other purposes. The constitution
has not inhibited their total abolition at the plea
n n,,k kl,ara fo
why Congress could not abolish the judicial dig;
tricts Of the United States, though they may and
frequently do, change their boundaries. The con-
stitution provides: "In all criminal prosecutions,
the accused shall enjoy the right to speedy
ss. sRs as saa ss 5 ~ shs4sd e sss ' sB e
Iesn committed, which district shall have been
previously ascartained by law" amendment
Constitution, Article VI A power to abolish all
uf:aial districts would, therefore, be o power 10
abolish ali crimihl. j1r,.:==siction OF the United
States, which would defeat tne me- nsfdSn SSNf
then, something moro than reVsnpe. provinces or
reconstruction provinces s-employing the latter
term for clearness OF distinction. Ihongh SUD
iect to the modification Of their boundaries as may
be ezpedient, the territory embraced IN sre@ ~
nor deprived of the right to, the national machln-
cry ofjustice; except, indeed, when violence Pre-,
vents the operation OF TINT machinery, but taeF
only while the interruption continues to preSent
the regular Judicial sittings violence a cannon;
of course conae FROM the legislature ITSELF least OF
all, through mere construction of its acts, pass
ed with objects extremely remote from such pur-
pose. ..,;,;o, ,,ro.
What, then, is the status Of that iudlclal pro-
vince which is designated by law the " Dlstrlct o.
North Carolina" with respect to the sanctity OF
civil process? ann eto+
By the act Of Congress Of 4th June, 179O, stat.
1875. it is provided: 81,
Tho said State shall be one district to se cSnea ~
the North Carolina District; and there shall DO
district court thereinp etc. 90, :. :.
By the act of 18th July, 1876 70 Stat, So, IL y
provided, that "the circuit courts Of the oniseE T
States, for the District, Of North Carolina snal d
be held on the first Monday in June, ane
al actions, suits, appeals, rocogpizances' pro
cesses, writs, and proceedings whatsoever, pend
ing, or which may be pending in said courts .od OF
refurpsble thereto, shall have day theTen sha sc
rs tb;c aof renesled? Tt will not be pretended