The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-09-03
GENERAL SICKLES
AND THE
UNITED STATES COURTS.
LETTER FROM JOHN nj. BINCKLEY
ACTIsa ATTHg.ET-aENEHA no
PRESIDENT JOHNSON.
ATToRNEY-GEsEHAL's OFFICE, !

upon mo the duty OF laying before your EIcoiIcr
cy, without delay, matter arising within tho pro,
inco OF this Department which appears to the ur
urgency.
administrative difficulty develops itsef for solutio
by the Supreme Msgistracy Of tho Republic.
STATEMENT OF THE MATTER
AT the regular stated term Of the Circuit Coui
Of the United States for the District of Mort
Monday i'll juno last, Chief Justice Chase presid
ing, among other civil actions which passed t
pano TaS aS wS of
! as am informed. have no particulars respect
ing said suits beyond tho essential fact that, il
duo course, after judgment against the defendants
tho proper writs Of execution woro regularly is
sued and placed in the hnnds Of tho Nrarshal
Som IT, GGooS Eaa t0r the OF
| antH. Tho Marshal charged his responsible depu
ty, MIR. Nef, with that duty, who, before oxecut
in writing to that effect, by r. r. Frank, an ofi
Ger OF tho army, having command of tho Unitct
States soldiery stationed at the military post 'a
Upon Information of tho action Of tho command
an. Of said post, tho marshal, who was at Raleigh
o he e thH
marshal OF tho United States for that judicial dis
trIet brought to tho knowledge Of tho commanding
tho process OF tho Federal Courts was obstructcd
by one Of his own subordinate officers.
muncsIion have % Sddressed himself to- dsSera Sea
Sckles in tho manner of ministerial officer OF JUS
tics on tho occasion OF riotous or otherwise for
nh officer OF tho army tho necessary military sup
noIt u.s. i seoms might have Sssn done with per
Tenders were or were not troops of the Uni.
ted States under his command; but Mr.
dence the prompt interposition of General siokies
for the vindication of the law, as tho supreme OBJ
joct OF his allegiance. He also reported his action
Upon receipt of those reply was maie to the
Marshal, to tho effect that no further action would
be had here in tho absence of information from
this Office that the obstruction would bo promptly
removed by command of General Sickles, OF that
il he thought 1T to hesitate Ell in that duty would
lision with that OF the national Judiciary without
first communicating with tho seat OF Government.
Under date OF tho 9th instant, howovor, sonic ten
or eeven days after the obstruction of process be-
gan, tho Marshal reported that he had received no
response TO his communication to Gonoral Sicklcs
referred to, aud had seon it announced as fact in
tho newapapcra that tho action of Colonel FrnnE
had been formally confirmed by General SickIos.
Hereupon, it was deemed unbccoming for this
branch Of the public service to appear longer in
sensible, in any degree, to tho paramount dignity
of tho civil authority, and, accordingly, such in
under date of the 18th instant, rs should comport
with tho statutes in force or the protection Of the
judicial power Of the government. He was further
military. authority impaired by tho statutes in
force for tho reconstruction of the Southern States
did not eItond in any respect to the Courts of the
United States. Tho samo had been snd, in nearly
tho snmo words, by tho Chief Justice of the United
States, on the solemn occasion Of his opening the
date of tho Goth instant, a report was received
from Marshal Good 30, in whicn he enclosed copy
OF the following communication addressed TO his
deputy:
HEApons Posr OF w1IAuNoros, N. C.,l
Afr n n Ne1. Deputy t,ff,ilie}F aSStH{e5 'Mdrshat
Wii,ning,6n, A. c.:
SIR: My action III suspendinS, until further or,
ders ths execution of certain DEGREES of the United
States Courts in North Carolina, attempted to be
rent series, isom tho Readquarters Second Mill
General commandins. shall not permit, until
receive further ordors thu Judgment or decree of
any Court to be enforced in rie!latlon OF efstng
orders, and shall use tho necessary .orce 10 pre-
Very respectfully, your obdt scEy,! ~.
Brcvet Lieut.. Col and Captain 9th Infantry. Com
mapding Post.
Tho Marshal adds tut. in obedience to his in
strncons Of the 18Th nstant M from ms nr n9
his action under tho criminal laws OF the United
States, which he says, il all that can be done Ill
until tho Government interposes. BY this time it
is presumed that tho proper District ATTORNEY
has received due information Of tho offence. As
that officer in tho premises Ho is, Of courso eI-
pectcd, and will be required to act with whatever
resolution tho OCCASION may eau for.
In tho latest report received from the nurshai,
which beirs the date OF tho last mentioned; ho
announces that tho lcttov which, in tho frat in
snd f Which he has received no ropy haS
rcturnod to him through the post command,pt ut
Wilmington. He montions an endorsement there
on OF several inquiries addressed, rs no Ia under
stood to cav to him, dated at Charleston, August
I2 but lie does not state whether or not any sigma;
ture Was subloined 70 them. Ho furnishes no iun
| tronscript OF these endorsements, but reports q
p fofred to, @ on the same lotter ID bis enforcement
! tho marshal rectes, apparently, sane Oh ilo LOT
actio,f accrued whether the aotiops wera foI
debt or ether canses; when tho suits we're begun;
when judgements Tero gwen, and o when 5 hnai tInp pro
terroeatories was to elicit data upon which Conc
| raj Sickles could determine whether or not tho
proceedings were regular ana yaMa when WI c naa IIl
der the presidency Of tho Chief Justice OF tho
United Statos I must say, that it would be diff
cult to to thus
citizen ofss%ps Of z lie into ths validity 3
propristy, declined to engage in the jnySstigaton
Finnlly' by q communication OF the 22q instant
a COPY of wSich IL herewith annexed, the aPpS9ya
| of ths Law Departmspt is communicated 10 Mar
sha1 Gooaloe. With instructions substantially t.
the effect that he shal continue 70 eIecnto process
in conformity to tho authority oi tne touao; ;t ths
=
nerii. That whom menaced by force, as in tho pres
ent instance, he shall report the particulars ap
names Of all ofIentLrs With their aidcrs and nbet
tors to the District Attorney, as no mas dono
the present case; thst he is roquEcd 20 d9por
;mseH as inoHonBysly as poss6ie, DUE t3at es Il,
not authorized to compropifes the ol8ny y -
Court. Yhose servant he is, by Gescennn4 70 Y "
ootiate wlsh any person, however respoctaolo, ~
the privilege pf executing its suthentiS procos:
or of obeyifig the laws; and that tho whole dith
Guilty is to be promptiS submitted to the Executive
rfHus the matter stands. -,
Although II docs not, in the humble opinion {
tho undersigned, qualify, In any degree, upon es
tabIshe6 and unquestionablo principles of legf
obligation the relation which Genera! Sickles an
his subordinate officers and soldiers bear to tn
violated laws which are in force for tho punish
ment OF persons who obstruct the adnifDistretio
of Justice in tho Courts OF the United States, yf
it mny bo just to mention here that the remarks
= bio action of that distinguished officer appears
have been prompted by tho real persuasion thS
an order Issued BY himself in April last OF Whioi
from en- official copy quote entiro tho paragrap
dignity that IL is his duty to enforce II, IN u
iargest construction, in defiance OF tho ConstitI
ton and Statutes nt Largo. Tho following ls II
/. ordor: , y, 7 u
"JudRments or decrees for tho payment (
money on causes OF action arising between q
18th Of December, 1860, and the 10Th OF hay, lS6
shall not ba enforced against the properly or pc
son Of the defendant. Proceedings In such cansl
Of action now pending, shall Do stayed and
suit OF proces1 shall be hereafter Instituted
I.commenced for any such causes Of action. II
This order does not expressly except suits M
r process Of the courts Of the United states. Ce