Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1867-06-08
UNITED STATES CIRCUIT COURT
Speech of Judge Chase.

RALEIGH, June Cat the opening of
the United States Circuit Court this
morning in the State Senate Chamber,
large number Of distinguished members
were present Before proceeding to
business, Chief Justice Chase made the
following remarks to practitioners
GENTLEMEN OF THE BAR: Before
proceeding to regular business, | think
it proper to address n few observations
to you. For more than four years the
Courts Of the UnoD-were excluded from
North Carolina by rebellion. When
active hostilities closed in 1865, the
national military authorities took the
place Of the ordinary civil jurisdiction,
or controlled its exercise. The courts,
State and National, we're subordinated
TO military government, and acted, when
they acted, under all such limitations,
and in such cases as the Commanding
Generals under the direction ofthe Presi.
dent, thought fit to prescribe. Their process
might be disregarded, aud their judgment
and DEGREES set aside by military order.
Under these circumstances the Justices
of the Supreme Court, allotted TO cir
cults which include insurgent States,
abstained from joining District Judges
in holding their Circuit Courts. Their
attendance was unnecessary, for the
District Judges were fully authorized by
law to hold Circuit Courts without a
Justice Of Supreme Court, and to exercise
complete jurisdiction at the trial of all
criminal and almost all civil affairs.
Their attendance was unnecessary for
another reason. The tribunal at that
time and under the existing circum-
stances we're competent to exer-
else all jurisdiction, criminal and
civil, which belongs under ordinary
circumstances to civil courts Being
unnecessary, the justices thought that
their attendance would be improper and
unbecoming. They regarded it as unfit
in itself and injurious in many ways 10
the public interests, that the highest off.
GERS of the judicial department Of the
Government should exercise their func-
tons under the supervision and control
of the executive department. At length,
however, the military control over the
civil tribunals was withdrawn by the
President The writ of habeas corpus
which had been suspended was restored
and military authority in civil matters
was abrogated This was effected par.
TALLY by the proclamation of April I'd,
and partly by the proclamation ofAug. 20,
&c. These proclamations reinstated the
full authority of national courts in matters
within their jurisdiction, and the Jus.
tees of the Supreme Court expected to
Join the District Judges in holding cir.
cult courts during the winter between
terms at Washington. On the 22d day
of July, 1866, however, an act of Con
gress reduced the number of circuits,
and changed materially the districts of
which the Southern circuits were COM
posed without making or providing for
the allotment of the members of the Su-
preme Court to the new circuits, and
without allotment the justices of that
court have no circuit jurisdiction. The
effect of the act, therefore, was to
suspend the authority of the Justices
to hold Circuit Courts 10 altered districts.
This suspension was removed by act
of March I'd, 1867, by which new allot-
ment was authorized. Under this act,
the Justices Of the Supreme Court have
been again assigned to circuit duties, and
the Chief Justice has been allotted to
hold with the District Judges the ma
tional courts in the circuit of which the
District of North Carolina is made a
part. am here to join my brother, the
District Judge, in holding Circuit Court
for this District. 1t is the first Circuit
Court held in any district in the insur
gent States at which a Justice of
the Supreme Court could be present
without disregard of superior
duties at the seat of Government Other
Southern Courts will join in holding
court at the regular terms prescribed by
the law, and thus the national civil juris-
diction will be fully restored throughout
the Union. 1t is also true, military au-
thorities still exercise authority within
the Southern circuits, but not now as
formerly, in consequence of the disap-
pearance of the local authority, and in
the supervision or control of all tribunals,
State or National. 1t is now used under
the acts of Congress, and only to prevent
illegal violence to person and property,
and to facilitate the restoration of every
State to equal rights and benefits in the
Union. This military authority does not
extend, in any respect, to courts of the
United States. Let us hope that hence.
forth neither rebellion nor any other
occasion for the assertion of any military
authority over courts of justice will here
after suspend the due course of Judicial
administration in national tribunals in
any, mont of the rapnhEo