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

=, TUESDAY MORNING.
4 tho Ju hciary, to the executive power. or TO m
!, por pner OF agency whatsoever For example, q COZ
~ nias atisg upon contract between citizen
H. a. "sten tn plates. Under this urgauic provision
ano parties have right to put tho Fctit raj i,IJ
e,aiE ~ motion for the settlement OF their dsi,ut.
paired Mitbomt an inst this righ, cannot be in
i. tno Juiicial power OF thu United States" is
Mnit. IN the Gonstit ii0n il is mentioned in In
prcme Court in tho ease OF Martin rs. uunter ~
the ettect that much of il ~ Tho Gouattm, ;n,
ilo ~ 10 vest IN inferior courts Was incapa
pio OF segregation, and cont su,lcutIy vest al no
HIn Whole IN tho judica! establishment. n Wheaton
oaU1; AS power, thon, it is to bo conceived OF a
omn'preaent within it's constitutional snherr npJ
consequently, with respect to tho dignity of Iawi,,
JUDICIAL process, the source OF tho same Is not O
she tSasl siGnfcanre, and the laws forbidding OBJ
xIuctioh Oh II, make, accordingly no distinction
me contumacy, therefore, which would he NOR
Tmigar II offered to Tsit hold in the hand OF th
snnct Sasce n sh OF Tue supreme Court, would in
mty DO OF the sanlo legal quality as If tho like wr
@ was desplsed IN tho nuutis OF tho hun,blcst scr
gant Oh court Of the lowest grade il. tho system
This much us to the paramount authority of In,
judiciary in all matter. to which their power is OK
a;' .e,nsd by tho Constitution acting through tht
courts ana oihcors, who arc the organs of til,
pc scr. To resist that power anywhere. and N
any matter within its constitutional sphere, is tc
resist the whole OF it, and to aspire to an iss,I,
with tho Judicial Department of the Government
II might occur to minds that if this powc,
| over tho subject ni'ttcrs contdcd to II hv the
org organic Inv he suneino over the Legislature and
branch OF Tho Executive, il might, in any given
case, be nisnppiieI iy tho error or The crime OF
| inc judge But th:. like every othnr evil with
Hi'irh we may lawfully cope, without in nrcor.i.
alce'wlth its provisions, amending tho C0rsiitm-
ton, has bocn anticipated and provided agains,
% IN that instrument. For misconduct, in 5each-
neut Is provided; AMI for error, the right ; and
AL AL necessary facilities for appeal to anohl ourt.
,iae, une supreme Court il is true, cannot be super
/ kyit A, t,rn
exceptions only. Su'h is the character nf the
Se.ai powSr as thS only and laat resort for
1 1T, 17s.)
Bnt tho action Of the Judiciary would he wholly
Intellectual, aud the power would not he co-orl-
hhte, unless the result, i'll proper case, col-
elusive and binding, upon the other branches of
tn tno government and Tho cntro people OF the
Quoted for tho sake Of tue result, which is tho
inai process control, then. over the fna pro-
| control over tho whole proceeding is a control
over the court, tho judges, and the parties. This
w1uia not DO controlling, but abo!ishng tho court,
TIME to employ its jnlgoi and methods of l,nsi-
ness S for the administration OF his will. That ho
Gn Gta 80 30 IN ono case s the same in effect us; II
nc had done 30 i'll all cases, for il he did
u 6Y permission of the court, il was the court,
ana :, s;,o not he that "Sered tho powor; il he did
II WITHOUT pormls and because, in his opinion
It was right for hi,u 10 do so in that case hn lay
do 80 in any other case i'll which he forms simi.
ar opinion; and MS it cannot be foresccn what
what case he may think ha ought to Interfere: and
II any case is liable to interference no case ia Ger
tam OF reaching Judicial result, and under such
circumstances, there can be no legal adjudication
anu, consequently, no court. ThIs shows the real
necessity OF a judicial authority which is securely
fortified against all possible interference while hs
state Of society admits OF Judicial sessions.
Such being the nature OF the judicial function,
and the powers IN the Federal Government, It is
obvious that the territorial fields Of its operation
IL co-eStensvo with the national domain, which.
WITH respect to the judicial power considered rs
nia Sn, ,os Is single lsrIit9ry subject to be divided
yenent for the PURPOSE Of administering justice.
But with respect to the subject matter Of judicial
oS eta II Is Tar oheI"iss large proportion
geoglaphieai divisions, as into States, inc6uate
states, and the scat Of the General dovernmsnt
the District Of Columbia These arc political
divisions. Judicial divisions exist, but they
are altogether independent of them. These
arc adapted solely to the presumed eKpedi-
may bo altered from tin,o to time by Con-
gress. They may aud usually do coincide in
concldsnt come With sash. and other divisions Of
diction Circuits are composed usually of several
entire States, and districts arc sometimes com
posed OF parts only OF different States. Tha does
not affect the causes Of action over winch the judi
ciary shall exercise exclusive control for they re-
main tho same M if each State Of tho Union was
a district, and only districts established and
no circuits. When cause OF action, or criminal
infraction or law Of tho United States arises for
of tho latter il forthcoming and the only question
is, in which district or circuit shall it be taken.
The comment territory NJ the nation is alsn suh-
divided for other purpuacs, al for the purpnSc of
collecting taxes, duties, %c, by net OF Congreas,
directly ur through executive agents, empowered
so TO do. by Congress. Such divisions, like the
Judicial provinces referred to, are subject to change
at tho pleasure Of Congress. The reconstruction
Military Districts in tue South are examples OF
distiicting for specific and temporary PURPOSES
But here arises ulnst important distinction be-
tween Judicial geographical divisions and those of
any other kind which have been created by |
GongEsss Until the the ,Iia 2ish Of sePtsaber l7s9
StatesIwas NOT all vested Upon the passage OF the
celebrated act of Congress- Of that dato, organizing
judicial power, not directly vested il 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 !
puted, must bo accepted as unquestionable. 1t |
follows from this that the power of tho Legisla- |
from time to time ns in their wisdom may aeem
eIpedient, the organization OF the courts and the
divisions div OF the country ~ into judicial provinces.
ns we instructed, Congress WAS bonnd 10 do,
that body cannot have the power TO yaeate judi
eal tract. But it is otherwise with tho distrcting
has not inhibited their total abolition at the plea
suro Of Congress-, But there is another reason
tricts OF tho United States, though they may, aud |
frequently do, change their boundaries. The con-
stitutiOn provides sin oil criminal prosecutions.
tho accused shall enjoy tho right to q speedy |
GGJ public trial, by. an impartial jury OF the |
State and district wherein the crimo shall have |
been committed, Yhich district shall have been |
previously asoertained by law" (Amcnlment |
UoIaEtltion, ArticloYIl. A lower TO abolish all |
judicial districts would, therefore, To power to
abolish all criminal Jurisdiction Of tho United |
stntes which would dotcnt the lAw-making power
tsolf. Tho judicial provinces OF tho nation arc.
thon, something moro than reyUnue provinces, or
reconstruction proyiRcos-cmployinR tho lattor
torm TOR claprnoss Of distinction. Though sub
iect to the modification OF their boundaries as may
DO erpedent. tho Territory embraced III them
cannot be either eIoneratad from tRl power OF,
por deprived OF the right TO, the national machi1-
dry or justice; except, indeed, when violence pre-
| vents tho operation Of that machinery, but then
only whilo the Interruption continues to prevent
the regular judicial sittinss. A violence cannot:
ol COURSE come from tho legislature itsof; lsSst Of
gl ttrough mere construction Of its acts, pass
ed with objects extremely remote from such pur-
pose.
What, then, is the status OF that Judicial pro..
vince which is designated by law the DISTRICT Of
North Carolina" With respect to the sanctig OF
civil pToccssp
BY the act Of Congress of 4th June. 17sO. Stat.
| 1926, ii is provided.
"The said State shall be one dstrict to be called
| the North Carolina District; aud there shall he
| district court therein" otc.
By tic get Of 18th July, 1916 70 Stat, 49,, it il
gtstos or tt tho BiatSias Of North Carolina. G. % shall
| he held on the frat 1Iondsy in June, and
| all actions, suits, appeals. TScognizancos pro
1 II xps,o