The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1867-06-07
CHIEF JUSTICE CHASE OPENS TIKI
CIRCUIT COURT AT RALEIGH.
HE MAKES AN ADDRESS.
States Why he had not Before Appeared in
the Court-Associate Justices or the Supreme
Court will now Join in Holding the Regular
Terms OF the Circuit Courts in the South.

RALEIGH, N. c., June 6.-At the open
ing Of the United States Circuit Court this
morning in the State Senate chamber, q
large number of distinguished members Of
the bar were present. Before proceeding
with the business Of the court, Chief Jus.
tice Chase made the following remarks:
Gentlemen Of the Bar,-Before proceed
ing with the regular business, I think 1t
proper to address few observations to you.
For more than four years the courts of the
Union were excluded from North Carolina
by rebellion. When active hostilities
ceased in 1865, the National military au-
thority took the place of all ordinary civil
Jurisdiction, or controlled its exercise.
All courts, whether State or national,
were subordinated to military supremacy,
and acted, when they acted at all, under
such limitations and in such cases as the
commanding general, under the direction
of the President, thought fit to prescribe.
Their process might be disregarded and
their judgments and DEGREES set aside by
military orders.
Under these circumstances the justices
of the Supreme Court allotted to the cir
cults which included the insurgent States
abstained from joining the district Judges
in holding the circuit courts. Their at
tendance was unnecessary, for the district
judges were fully authorized by law to
hold the circuit courts without the JUS
tees of the Supreme Court, and to exer-
else complete jurisdiction in the trial of
all criminal and almost all civil cases.
And their attendance was unneces-
sary for another reason. The militia
ry tribunals at that time and under the
existing circumstances were compelled
to the exercise of all jurisdiction, crimi-
nal and civil, which belongs under ordina-
ry circumstances to the civil courts. Be-
ing unnecessary, the justices thought that
their attendance would be improper and
unbecoming. They regarded it as unfit
in itself and as injurious in many ways to
the public interests that the highest officers
of the Judicial Department of the Govern
ment should exercise their functions under
the supervision and control Of the Execu-
tive 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over the civil tribunals was withdrawn by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 partially by
the proclamation of April I'd, and fully by
proclamation Of August 20, 1866. These
proclamations re;sserted the full authority
of the national courts in all matters within
their jurisdiction, and the justices Of the
! Supreme Court expected to join the dis
trict judges in holding the circuit courts
in the interval between the terms at Wash
ington. On the 23d of July, however, an
act of Congress reduced the number of
the circuits and changed materially
the districts Of which the southern
circuits were composed without making or
providing for an allotment Of the members
of the Supreme Court to the new circuit |;
and without such allotment the justices Of
that court have no circuit jurisdiction.
The effect oftbc act, therefore, was to sus-
pend the authority of justices to hold the
circuit courts in the altered circuits. This
suspension was removed by the act Of
March I'd, 1867, by which the 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 National courts in
the circuit of which the District Of North
Carolina is part.
am here, therefore, to join my brother
the district judge, in holding the Circuit
Court for this district. 1t is the first cir
cult court held in any district within the
insurgent States at which a justice Of the
Supreme Court could be present without
disregard of superior duties at the seat OF
Government, or usurpation of jurisdiction
The associate justices attached to the
other southern circuits will join in holding
the courts at the regular terms prescribed
by law, and thus the national civil jurisdic-
ton will be fully restored throughout the
Union.
1t is true that military authority is still
exercised within these southern circuits,
but not now as formerly, in consequence
of the disappearance of legal authority,
and in supervision or control Of all tribu-
mails, whether State or national. 1t is now
used under acts of Congress, and only to
prevent illegal violence to persons or pro-
perty, 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 the courts OF
the United States. Let us hope that
henceforth neither rebellion nor any other
occasion for the assertion of any military
authority over courts Of justice, will
hereafter suspend the due course of judi
cial administration by the national trlbu'
nails in any part of the Republic. CT
The remainder of the time in the court
was spent in hearing unimportant motions
From Washington.
WASHINGTON, June G.-The revenue
d.. ~ C.