National opinion. [volume] (Bradford, Vt.) 1865-1874, 1867-09-13
WASHINGTON, Sept. s, 1867.


The full correspondence between
Gen. Sickles and the civil authOri-
ties in North Carolina, relative to
the late conflict with the military, is
made public to-day, and adds some
interesting facts to the recent con
trOversy. 1t includes the opinion OF
Chief Justice Chase given at Raj
eigh in June regarding the relations
of the United States Courts to tie
Reconstruction acts. The following
is the first letter of the United
States Marshal to Gen. Sickles:
'sOfficc of the United States Mar
shall, Raleigh, n. &. July 80, 1867.
Sir: have the honor to enclose
a copy of an order from one of your
subOrdinates to my deputy Mt Will
mingtOn which fOrbids the enforce
ment of an execution issued at the
June term of United States Circuit
Court. In this | feel assured that
he is mistaken, since l cannot sup
pose that you would undertake to
set aside any law of the Govern
ment to which you owe allegiance.
| am strengthened II this view of
the case Ivy the opinion of the Chief
Justice. delivered to the bar III the
city at the opening of the Court
You are aware my duty is to obey
the laws of the United States. / at
the same time greatly desire to avoid
collisions between the civil and mil
itary authorities. | have directed
my deputy to suspend the execution
of the writ until you can be inform
ed of the facts.
have the honor to be respectfully,
DANIEL II. GOODLOE.
Gen. Sckles i'll eply solicits a
copy of the opinion OF Chief Justice
Chase, and the nature of the process
issued from his Court, to which the
! Marshal thus replied:
United States Marshal's Office !
Raleigh, August 70, 1861. !
As | cannot recognize the RICH
of the military authorities to be OBJ
Structed, or inquire into the nature
of the process OF the United State,
Court, put into my hands. | must
decline to give the information cal
! led for as to 'Wherc and when the
several causes Of action occurred
whether the actions were for de
partmeEt or was given, and Whel
/ the final process 2f.eXecution issued
The address of the thlef Justice t,
the bar was published i'll the news
papers of the State about the 'Vtl
of June, and can doubtless be touIu
at Wilmington.
DANIEL X. COOLIDGE
Gen. Siokles however finally Oh.
tanned the record Of the Court and
laid the mattM before the Judge
Advocate of Che Second Military
District, who summed up the legal
/ points as follows:
"1St. That a revocation of Gcner-
al Order No. 10 would be grievously
I prelndicial 70 the interests of the
people OF the Carolinas.
%. That it does not appear that
any conflict exists between the Uni
ted States Circuit Court of North
Carolina ana the Military Command
err Of this District, but merely A., col
lision with the Marshal. premature
~ forced by the latter.
81. That it is reasonable TO be
lleve that Mr.. Chief Justice, with
The question before him, will con.
firm proceedings or final process to
the local law as modified by the
Commanding General.
4th. That Congress intended to
make the military in these districts
paramount to all other Departments
of the Government.
9th. That to conceae to the Uni
ted States Courts authority to over
rule the Military Commander will
be apt to lead to the substantial nu,
In alton ofthe Reconstruction acts
On this opinion Gen. Sicl.lcs has
ed his report Just published. Tn,
remainder of the correspondence re-
lates to merely formal details be
tween the Commanding Genera,
anl his subordinate officers. The
above, with telegraphie correspon
dence already published between
Grantand Sickles, makes the official
acconnt Of the ease complete.