The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-09-03
"For tho Fourth Circuit, Salmon P. Chase, Chic

."For tho Fourth Circuit, Salmon P. Chase, Chi
| Justice"
The first section of the act oil Congress of Is!
July, 1867, passed when rebellion was in full lout
way. thoreby showing that tho interruption OF I'll
sessions by rebel rolel,e was the only chang
! wMch Congress was willing to recognize III tho j
dical business. provides:
v;riei Hereafter Tie & Districts Of MsrXand Dolawar
Fourth Circuit" ti2 Stat, 57G)
! II ~ thus made apparent, not only by Garlioi
pnt by contonlporaneous legislation, of tho sam
| most OH tho spno day, that whatever, under til
Constitution OF tho United States, oithor Of au
thority or jurisdiction, attaches 70 tho district
and circuits IA they stand In tho statute book wa
1 INTENDED to bn, and must bo doomed and hold t
bo, OF full force and virtue now as heretofore Blu
We have seen that q tract Of country, composed O
operation tho sjudicisl power, cannot, withou
REVOLUTIONARY violence be deprived OF or oxonsrat
ed from IT.. Violence Is tho only recognized eIcop
zee; IL recognized only while the violence lasts
a[; then as an unlawful der rgation from the Judi
cial power.
hit be admitted that the Judicial power ia in
tact in the district of North Carolina though tht
subject matt" OF its authority are limited 10 ,
category, it .s certain that mpon those subjec
matters, the courts OF tho United States for thai
district are tho supreme authority Of tho United
States.
Il The high proToSSatiyo Of tho independent judci
AIRY may be well illustrated, in closing sketch o
Inc department OF Justice, by word respecting
the conclusive and binding character of a iuip,
nent at law. may DO rendered even by an in
terror court; but, il the court is competent tho
Judgment may be defined to be tho very lew OF
the land for the particular matter adjudged a
nSr m@S a Sontcd 4" ; byP Judgment in man,
tho Law. lhe ndpfcihv cn,.rf aays
fhero is no principle Of Of law better
shall be presumed to hayo been rightly done till
tho contrary appears SO long as
Judgment remains in forco it is in itself evidence
OF the right OF tho plaintiff to thu thing adJudgcd,
Judgment The errors Of the court however aI,. l.
parent, can DO examined only by an appellate
472,473).
Surely VIC need not inquire whether the Legsla-
ticular executive military officers nm 'appcllate
power" over Judgments "howeyer erroneous, !"
which have been pronounced in court of tho
tho right, of executing. process which has issuod
upon such Judgment is anything olse but ono OF
the very rights OF person and property" which, If
tho plaintiff socks to execute it within one OF tho
reconstruction districts, the commanding officer is
charged to ''protect" by tho express terms Of tho
reconstruction laws? tAct OF I'd March. 1867 Sec
and the atatutcA which have been introduced arc
accepted, that the right Of tigatiug in the Federal
courts, and the right of being tried in them for
violations Of tho criminal code OF the United
States, and, OF course, tho duo conservation of
their authority in eyery form, nre part Of the
rights to he protected and tho duties to be per-
construction districts. In this vew, the error of
General Sckles reaches the full stature Of per-
version OF authority, which, if persisted in. must
leyying war against the United Statos, all under
taking which would not for . moment bo imputed
to the deliberate intention Of officer honUrably
But, it might be said, may there not have been
q doubt as to jurisdiction Certainly in this, az
in anv other matter thcre may have been doubt.
But it would insult the intelligence uf the COM
nander of the Second Reconstruction District to
inquire whether or rot ho supposed himself au-
the United States from hearing canses affecting
persons inhabiting the States OF North and South
Carolina without his consent, Naturally no per-
son coul Hesitate whether lie had such i power
without cunaidering. whether it Was not his duty
him 7 We must take il to bo certain that it could
not have been in the contemplation Of General
sciles, when issuin9 his Ordor No. 10. to dis
pute With his sword the authorty or tho Suplemo
Bench: Yet. it. is equally certain, that if he had
been disposed to ascertain his authority through
an adjudication by a competent court, decision
might s.; s.., ~ iiesi sfiarcd with tho greatest acili
Inc judgment was then adverse to the powor OF
rule final and conclusive decision in the
suprems Court on writ of error IL
hat officer had doubt on this subject then, llr
must huye known the only lawful course Tor itp
solution. Where difference arises between q
military agent and a court as to the Jurisdiction
of the latter, and the former presnnea to decide
M other name than usnrpation. Bnt il may be
LhunIt he did only to the inferior rOltr, and
10. as to tho Supreme Court. Now, though he
may not have suspected the fnct, moments re-
under consideration was on interference by 9Gn-
pra Sickles with tho judiciary, including the Su-
Tho fnrco which, through his subordinate. Colonel
Frank, WAS threatened against tho process of tho
Circuit Court, cannot, think, be distinguished
aw arG 3d,sa 81 snsf s snrG%s fnas EsG Was
ngton. Tlia process, which WAS in Marshal
aoodoe's hands might, aud, indeed, Tor
asIed in pursuance OF mandate from the Supreme
Court. rcmandng cause with directions for
further proceedings in conformity to the decision
p that sonLt control over such ppoSSes as be
rol over tho whole proceedings, and tho court it
,of its august judges Of their judicial will. More
over, il hnal process may be controlled by the
step in litigation for the order expressly COM
nanls that certaiu suits be stayed, and that like
'uits, not yet initated shall not be instituted. i
,oud be justified so couldnn chcctual interference
1t any stage, and in any case, at his pleasure in
ho Carolina q districts, bs I'm made by General siskies !
is ousting the jurisdiction Of the Su
,remo Court itself, abollshng the Federal courts
IS such in the locality, separating bis district in
Ind dcpriving Congress. tho Executive, and the
people, OF all means OF enforcing his subordnation
20 tho UniteQ Statci except DS fOrce OF arms. Ihe
virtues of no man may be permitted to authorize
him TO aspire to so dangerous an independence OF
mis- fellow-ciGZens.
3d. il thero had been doubt whethor tho pow
ers Of tho United Statos Courts wore affected by
tho reconstruction laws the proper way to soiyo IL
was the worry thing which would be totally occlud-
cd by the violent action which has been taken in
tho promises. But is there 30 much as doubt
THE RECONSTRUCTION STATUTES.
Three acts OF Congress pass under the dosigna-
ton Of the reconstruction laws, viz. those OF the
2d March, tho 29d March, and the 10th July, 1867.
The preamble Of tho frat declares state Of polit
cal and socinl dissolution to be impending or
actually existing In several States Of tho Union,
and that in consequence OF their condition, and
for tho purpose OF efecting their reatofaton, the
proposed legislation hag become necessary. Sup
posing the conditions TO bo as declared in the
preamble OF the first act, these statutes
arc to be treated as eminently remedial and
conservative. The States being prostrate, in
the opinion Of Congress- the object was to restore
them. But the legislative and executive depart
ments Of the Government partock in no degree
OF the prostration, as would be conceded; and how
much Aid tho judicial dOpaFlment paEtake o. ~
into ruin SO that II should be restored 70 good
order, shall that which is in goe1 order be over
furneaf Obviously, what was left Of order was to
be conserved. and what was In diseFder was to
=. II ~ fof fl,or fba mil