Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1867-08-28
Gen. SickleS and the Courts.


1t has been reported that the President
would remove Gen. Sickles. The reason
generally assigned for this action is that
Gen. Sickles has been insubordinate. He
issued an order awhile since, forbidding the
execution of certain processes issuing out of
the United Circuit Court in North Carolina.
The President directed him to revoke the
order, but Gen. Sickles, instead of obeying
this direction at once, wrote letter to Gen.
Grant explaining the order and the reasons
for issuing it, and suggesting that it ought
to be left in force. 1t appears by this letter
that a previous order of Gen. Sickles had
directed that the state courts should not
enforce certain contracts and obligations
entered into during the rebellion. To avoid
that order, such claims were transferred to
parties out of the state, and suits were
brought in the circuit court This opera
ton Gen. Sickles headed off by his order
that process issuing out of the circuit court
should not be executed in such cases. On
this explanation being made to Gen. Grant,
he directed that Gen. Sickles' orders should
be enforced, thus revoking their revocation.
Yet it is said the President will remove Gen.
Sckles for presuming to offer reasons for his
orders.
Before jeff Davis was bailed considerable
clamer was raised against Chief Justice
Chase because he declined to hold court in
Virginia while it was under military rule
We could not then see the Justice of such
clamor Where the military power is
liable to be interfered with at any time by
the commander of the department, no judge
can with much self-respect preside at trials.
The court becomes in such a case only
subordinate branch of the military authority.
and its judgments have no force if the mill
tary commander sees fit to override them.
Unless the decision of court is final, and
its judgments are to be enforced, the trial
becomes farce, and the Judiciary loses all
rightful claim to respect. 1t is only as the
courts have ultimate and supreme authority
in all matters within their jurisdiction. that
they are of any real value to the common
wealth.
The condition of affairs in Gen. Sickles
department is striking exemplifcation of
this Chief Justice Chase recently held
term of the circuit court in North Carolina,
but the executions issuing out of that court
are stayed by the order of Gen. Sickles, and
Gen. Sickles order is kept in force by the
general of the army. The court Is thus
bereft of all power and authority, and left
at the mercy of the military. Better, a.
the Chief Justice formerly thought. have no
court whatever until reconstruction has So
far progressed to leave the laws and the
courts to their full and authoritative action,
than for the authority of the tribunal to he
thus repudiated.
We do not urge this is a reason why Gen.
Sickles' order should be revoked. but only
as fact showing the utter impossibility Of a
civil and military rule in the same territory
at the same time Wherever this has been
attempted the civil power becomes shortly
Of no account, and is driven to the wall by
the party which has the bayonets. And the
attempt of the President. or of conservative
Republicans, or Of anybody, to keep up the
forms and authority of civil government in
the Southern states during the process Of
reconstruction by the military power, is
wholly at war with the law upon which
reconstruction proceeds, and which make the
military power supreme until such time
Congress shall declare reconstruction com
plete. If the military is only to be used to
aid the civil power, the President is right in
denouncing the usurpations of the military
commanders, and is justified in removing
them but il the civil power is only to be
used to aid the military commanders, then
Gen. Sickles is clearly right in using his
power to stop the enforcement of the judicial
process of the L. 5. Courts There can be
no doubt of the intention of Congress to
make the authority of the military supreme.
and what power the courts and civil authori-
ties exercise in the meantime is not of right
but only by sufferancc.