The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-09-03
GENERAL SICKLES
AND TrIE
UNITED STATES COURTS.
LETTER FROM JOAN nj. BlNcKI.EY,
ACTtSc aT'TcRNEY-GENERA rD
PRESIDENT JOHNSON.
ATIoRNEY-GESERAL's OFFICE,


upon mo the duty or laying before your EIcolIcr
cy without delay, matter arising within the pro,
iilco OF this Department which appears to the ur
dcrsgned to DO of great gravity and Of imminor
Herewith respectfully submit documents mari
GU from inclusiSely to Q, in which the followln
by the Supreme Magistracy Of the Republic.
STATEMENT OF THE MATTER
AZ the regular stated term OF the Circuit Co,,i
OF the United States for tho District of Mort
Carolina, begun and held at Raleigh on tho firr
Monday in june last, Chief Justice Chase rrcsd
ing. among ether civil actions which pasaed t
Judgment were two in which rartes named Dav
aud Daniel Kahnwo!ler woro defendants Of record
rs am informed. have no particulars respect
ing said suits beyond the essential fact that, i,
duo course, after judgment against the defendants
sued and placed in the hands of tho Marshal
Daniel r. Goodloe, Esq, for the purpose of layin,
them served against tho property Of the dofond
ty, Mr. Sclf, with that duty, who, before oxecut
ing tho process, was expressly forbidden so to do
in writing to that eifoet, by n. t; Frank, an oNi
| Ger at tho army, having command Of tho United
| States soldiery stationed at tho military post al
| Wilmington
Upon information of the action of the command
ant OF said post, tho marshal, who was at Rnlesh
addressed respectful letter to tho superior otlicol
OF the former Major General Sickles, in which tho
marshal of tho United States for that judicial tlis
| trIct brought to tho knowledge of tho commanding
ofccr of TINT reconstruction district tho fact that
tho process OF the Federal Courts was obstructcd
| by ono of his own subordinate officers
Marshal QoOdloe docs not appear from this COM
nnnication, to have addressed himself to- General
SicitcH III tho manner of ministerial officer Of JUS
t.c2 on tho occasion of rotous or otherwise for
midnble resistance to civil process, demanding OF
an officer OF tho army tho necessary military sup
feet consistency, and With unq qHesonablo % oblisa-
ton upon the officer to respond, whether the Of
Tenders were or were not troops, of the Uni
Goodloe appears to havo anticipated with conf
donce the prompt interposition OF General Sickles
for tho yindieaton of the law, as tho supreme OBJ
joc of his allegiance. He also reported his action
to this office, with copies of tho several papers.
Upon receipt Of these reply was Inado TO tho
be had here in tho absence of information from
General Siciles 1t confidently believed in
thus office that the obstruction would be promptly
If no thought t to hesitate in that duty, no would
not knowingly Huffor his authority 10 fall into col
lison with that OF the national Judiciary without
first communicating with tho seat OF Government
URdor date Of tho 9th instant. howcvor, sonie ten
or eleven days after the obstruction Of process be-
gan tho Marshal reported that he had received no
response to his communication to General Scklca
referred to, and had seon it announced fact in
tho newspapers that the action Of Colonel Frank
had heen formally confirmed by General siskles.
branch OF tho public service to appear longer in
Sensible, in any degree, to tho paramount dignity
Of the civil authority, and, accordingly, such in
structions were communicated 10 tho Marshul
under date Of the 18th instant, Us should comport
with tho statutes in force for the protection of the
instructed lhat in tho opinion of this office, the
military authority impaired by tho statutes in
force for tho reconstruction of the Southern States
did not eItond in my respect to the Courts OF the
United States. The samo had been eaid in nearly
the snme words, by tho Chief Justice of tho United
States, on the solemn oecas sion of his opening the
court, whose authority is thus coutemned. Under
date Of tho goth instant, report was received
from Marshal Goodloo, in whicn he eucosoil n copy
Of the following communication, addressed TO his
deputy.
HrApoas Posr oF wuMIHaroS, N. C.,l
M !. H. Aer, Deputy thaRsaa &ates Marshal
Wilmington, A. G.:
ders thu execution of certain decrees Of the United
States Courts in North Carolina, attempted to he
cnforecn in violation OF General Order No. ~ cnr-
lcnt series, ,-om tho Hcad1unrtcrs Second Mill
tary District having been approved by tho Major
General commantjins,. shall not permit until
receive further orders, the uugment OF aeeiee ol
any Court to DO enforced in violation OF existing
orders, nnl shall the necessary ,oree 70 pre-
vent it.
Very respectfully, your oIdt sery'!, ,,,,
l,revet Lieut. Col. and Captain 9th Infantry, COM
manding Post.
Tho Marshal adds that. in obedience to his in
attractions OF tho 18th instant, from this Office, he
will report the case to tho District Attorney ior
his action under the criminal laws OF the United
States, which he says IL all that can he done III
until tho Government interposcs. BY this time it
is presumed that tho proper District Attorney
has received due information of tho offence. Az
that officer in the premises He is, OF course, eA-
pectcd, and will be required to act With whatever
resolution the OCCASION may call for.
In the latest report received from the marshal,
which belrs tho date OF tho last mcntloncdi nc
announces that tho lettev which, in tho first in-
stance, he addressed to Mn,orGemSa' Isl scktes, kOa,
returned to him through the post commana,nl a.
Wilmington. He mentions m endorsement there
On of several inquiries addressed, ns he is under
stood 10 say to him, dated ut Charleston, August
-; but he does not state whether or not any sigma,
| ture was sub)onGd 10 them. Ho furnishes no iun
| transcript OF these endorsements, but reports
| cnpv of hia own made in response to those re-
icrred to, on the same letter. U his enforcement m
tho marall rccites, apparently, saDie OF $40 ioI
nctior accrued whether the actions were for
debt or cthcr causes; whom tho suits wore begun
When judgments Wero given, and when final pro
was was to- elicit data which
raj Sckles could determine whether or not tho
proceedings wero regular and valid which had
der Tie prcsidency OF tho Chief Justice OF Tho
United Stutes, must Say, thst II WOULD DC dini-
cult to imagine q more preposterops aiiront to the
atinmpt to constrsii, or to invite, tho ministerial
officer of the court to inqnjro into tho validity OF
it's rrocess in lis hands. The marshal, With duo
Finallv' by o communication Of the I'D instant,
n copy Of which IL hcrowith annexed, ,he approval
OF the Law Department is communicated 10 ~! MaI,
lie effect TINT he shal continue to execute process
in conformity TO tho authority Of tue Court; that
he is not bound 10 expose his porsoB 10 mnnifest
peril: that when menaced by force, rs IN tho pres
ent instance he shall report tho particulars any
names Of all offenders, vito their aldcre ana aD9t
tors, to the District Attorney, as no mas done in
6;ulsef as inofensivey possible, bui that us ie
moi authorized to compronifss the dignly o. tn'
Court. whose servant lie ID, by desceralnS 10 "
potiate with any person, however Respectable, W.
| lie privilege II executing its authentic process
| or of obeyiHe ths laws; and that tho whole difh
culty Is to be prompti submitted to lie Execrliye
fSus the matter stands.
| Although il docs not, i'll the humble opinion
tho undersigned, qualify, in any degree, upon es
obligation the relation which General sckles aiit
his subordinate officers and soldiers bsar to tht
| violated laws WHICH nro in force for thD runleh
mcnt of personB who obstruct tho administration
of iustice in tho Courts of tho United States, yo
il may DO Just to lnontion here, that tho remarka
bio action OF that distinguished officer appcars tS
have been prompted by tho real persuasion tlis
ON order issued by himself in April last, OF which
from an official copy, quote ontiro tho paragraph
that touchos this question, j. Of such uncommon
dignity that it is his duty to enforce i, i'll IT.
largest construction, in defiance OF tho Constitn
ton and Statutes at Largo. Tho following is th
order: =,
Judgments or iocroes for tho payment o
| Inoney on causes OF action nriBing between IN
10Th OF December, 1860, and the 18th OF May, 1861
shn not be enforced against tho properly or per
OF action now pondln2, shall De stayed nnd n
suit process shall bc hereafter instituted o
lcommenced for any such causes OF action. "A
This order does not expressly except SUITS lR o
: process Of the courts OF the United Statos. Go!
/ tninly such exception must have appeare