Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1867-09-06
WHY GENERAL, SICkLES FELL.
THE majesty OF THE LAW. s.
The Constitutions Power OF the aIudtciary
Must he Upheld by the Executive

The CONSTITUTIONAL Power 9th Judtciary
Must he Uphetd by the Executive
The following document was submitted by the
Acting Attorney General to the President Of the
United States in relation to the aggresslons OF
General Sichlcs upon the Judiciary Department
of the Government. We need hardly add that 1t
was promptly followed 10y the removal Of TIE OH
Ger who far forgot his Obligations to the law OF
ATTORNEY GENERALS OFFICE,
| August q, 1867.
Mr. PRESIDENT: Circumstances have devolved
upon noe the duty OF laying b fore your Excelen-
CIV without delay, a matter arising within the pro-
vince Of this Department which appears to the I'M
dersigned to be of great gravity ana OF imminent
urgency.
| Herewith L resi- cctful!y submit documents
marked from nlciusivcy TO ., N wlllt II The fol-
flowing administrative dliCIlt! develops Itself Tor
solution ty tn Supreme MaGistracy Of the Re
public.
sTATI9IENT THE MATTER.
| 1t the regular stated term of the Circuit lourt
of the United States fol- the district OF North Car
DINA b. gun aud held at Raleigh on the first non
day III June last, CHIEF Justice Chase presiding,
among other civil actions which passed to judg-
me were two, III which parties, named David
and DAM Kahnweiler, were defendants Ofrecuru,
as | am informed. have 40 particulars respect
iuS said suits hey On0 the essential tact that, in
due course after judgment again-t Tie defend
ants the proper Wrlts OF execution we've regularly
issned and placed i'll the hands OF the marshal,
Daniel Il. Goodlce, Esq, for tho purpose Of hay
ing them served against the property Of the de-
feEdants. The marshai charged his Responsible
deputy, MIR. Ne1t, wi, h that duty who, before eN-
ecut;l & the process was expressly forbidden to
do, in writing to that effect a., by Il. L. Frank,
an officer of the army having command OF the
United States soidiery stationed at the military
post of Wilmington.
Upon information Of the action Of the c0nlInan-
dant OF said post, the marshal, who was at Raj
eSh, addressed respectful letter to the superior
officer OF the former, Major General les, III
which the marshal of the Unite,t States for that
judicial district brought to the knowledge Of the
commanding officer of that reconstruction dis
trct the fact that the process OF the Federal
courts was INSTRUCTED by one OF his own sutOrdl-
nate officers. OBJ.
Marshsl Goodies does not appear from this
communication to have addressed himself to
General Sickles N the manner of ministerial
| officer of justice on the occasion OF riOtous or
otherwise formidable resistance to civil process,
demanding OF ali officer OF the army the necessary
military support, as. 1t seems, might have been
dOue with perfect consistency, and with unQues-
tonabe obligation upon the officer to respond,
whether the Offenders were or We're not troops OF
the United States under his command; but cir.
do"dioe appears to have anticipated with CONT
dence the prompt interposiion Of General Sickies
for the VindcatiOn of the law, as the supreme OBJ
lect Of his allegiance. Re also reported his action
to this Office with copies OF the several papers
| ,G} Upon receipt OF these reply was made to
the marshal, to the effect that no further action
| would be had here in the absence OF information
from General Sickos. D.) 1t confidently
believed in this office that the obstruction would
be promptly removed by command Of General
Schles, that If he thought lit to hesitate III that
duty, he woulQnot knowingly suffer his authority
to fall iatO collision with that Of the national jul
dietary without first communicating with the seat
| Of Government. Under date Of the Sth instant,
however, SONG ten eleven days after the OBJ
struction of process began, the marshal reported
| that be had received no response to his commune
cation to General Sickes referred to- and had seen
it announced as a fact III the newspapers that the
action of Colonel Frank had been formally con-
tirmcd by General Sickles. Cd
Hereupon, it was deemed unbecO1nng for this
branch Of the public service to appear longer in
sensible, III any degree, to the paramount dignity
Of the civil authority, and, accordingly, such IN
structl2ns were communicated 20 the marshal,
under date OF the 18th instant, as should COMFORT
with the statutes in force for the protection Of the
judicial power of the Government. He further
instructed that, IL the opinion Of this office, the
military authority Impaired hy the statutes in
force for the reconstruction of the Southern States
did not extend IN any respect to the courts OF the
| United States, CO. The same had been said, III
nearly the words by the Lhief Justice OF the
United States, on the solemn occasion of his open
ing the Court whose authority is thus condemned.
Oh Under date OF the Goth instant, a report
was received from Marshal CioOdoe, in which he
enclosed copy of the following Contamination,
addressed to his deputy:
HEADQUARTERS Posr OF WILMlNGToN, n. G..
August 18th, 1857.
M: j. II. Net, Deputy United States Ndrshol,
SIR: My action III suspending, Eutil farther
orders, the execution Of certain DEGREES OF the
United States courts in North Carolina, attempted
to be enforced i'll violation Of General Order No.
10, current series, from the headquarters Second
Military District, having been appI owed by the
Major GENERAL commanding, L shall not permit,
until L receive further OrdG s, the Judgment or
decree of any court to be enforced III violation OF
existing orders, and shall the necessary force
so 10 prevent 1t.
Very respectfully, your obedient servant,
h. Il. FRANK,
Erevet Lieutenant Colonel and Captain
* Eighth Infantry, Commanding Post.
The marshal adds that, in obedience to his in
structlons Of the 18th instant, from this office he
will report the case to the District Attorney for
his action under the criminal laws of the United
at he Ia all I. at h,A dane
the presence Of an overpowing military force,
until the Government interpose5. BY this time it
Is presumed that the proper District Attorney has
received due information of the offence. (L.) AS
yet no express instructions have been issued to
that officer in the premises. He Is, of course
expected and will be required to act with what
ever resolution the occasion may call for.
In the latest report received from the marshal,
which bears the date of the last mentioned he
announces that the letter which, III the first in
stance, he addressed to Major General Sickies,
and to which he has received no reply, has been
returned to him through the post commandment at
Wilmington lie mentions endorsement there
on OF several inquiries addressed, he is under
stood to say, to him, dated at Charleston, August
II but he does not state whether or not any sig
naIsre was Subj0lned 10 them. He furnishes no
full transcript OF these endorsements, but reports
a copy of his OWL, made i'll response to those re-
ferred to, on the same letter. In his endorse
ment, the marshal recites, apparently, some of
the former: Where and when tho several causes
of action accrued whether the actions were for
debt or other causes when The salts were beg gun ;
|
cess was issued" etc. If the object of these ill.,
terrogatOries was to elicit data upon which Gen
eral Sickes could determine whether not the
proceedings regular and valid which had
been conducted to judgment according to Jaw
under the presidency Of the Chief Justice of the
United States, l must say that it would be diff
cult to imagine more proposter0us atiropt to
the Bench Of Justice, legally considered, than to
thus attempt to constrain, or to invite, the minis
teria officer of the court to inquire into the validity
of its process in his hands. The marshal, with
due propriety, declined to engage i'll the investi-
CATION. (M)
| Finally, by communication of the 22d instant q
copy of which is herewith annexed, (N) the APP
proval of the Law Department is communicated
to Marshal Goodloe, with instructions substanti-
ally to the effect that he shall continue to execute
process in conformity to the authority of the
court thai he is rot bound to expose his person
to manifest peril that when menaced by force, as
in the present instance he shall report the parti-
culars, and names of all offenders, with their aid
ers and abettOrs, to the District Attorney, he
has done in the present case that he is required
to depOrt himself as inoffensively as possible, ut
that he is not authorized to compromise the dig
nifty Of the court whose servant he is, by descend
ing to negotiate with any person, however re-
spectacle, for the privilege of executing it's au-
thentic process, or Of obeying the laws and that
| Ilo -hOIa Ho