Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1867-06-08
RALEIGH.
Opening of the United States Circuit
Characterization Of Chief Justice

Opening of the United States Circuit
COurt-ObserVatfOns Of Chief Justice
Chase. SAD @s&A 6E T.
RALEIGH, June 6.-At the opening of
United States Circuit Court this morning,
in the State Senate Chamber, large num-
Der of distinguished members were present.
Before proceeding to business, Chief Justice
Chase made the following remarks to
practitioners sr.r
Gentlemen of the Bar: Before proceed
ing to regular business / think it proper to
address a few observations to you. For
more than four years the courts of the
Union were excluded from North Carolina
by rebellion. When active hostilities closed
in 1865, the national military authority
took The place of ordinary civil Jurisdiction,
or controlled its exercise. All the courts
of State and nation were subordinated to
military supremacy, and acted under all
such limitations and in such cases as COM
manding Generals, under the direction the
President thought fit to prescribe Their
process might be disregarded and their
Judgment and decree set aside by military
order. .-... .......r
Under these circumstances the Justices
of the Supreme Courts allotted to circuits
which include the insurgent States, abstain
ed from joining district judges in holding
circuit courts. Their attendance was un-
necessary,ifor the district Judges were fully
authorized by law to hold circuit courts,
without the Justice of the Supreme Court
to exercise complete jurisdiction at the trial
of all criminal and almost all civil cases,
and their attendance was unnecessary, for
another reason, the military tribunals at
that time, and under existing circumstan-
ces, were competent TO the exercise of all
jurisdiction, criminal and civil, which be-
longs, under ordinary circumstances, to
civil courts. Ii being unnecessary. the
Judges thought their attendance would be
improper and unbecoming. They regard
ed it as unfit in itself, and injurious in many
ways to the public interest, that the Judi
cial Departments Of the government should
exercise their functions under the supervi-
sion and control of the Executive Depart
ment.
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over the civil tribunals was withdrawn by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 ID, and partly
by the proclamation of August 20, 1866.
The proclamations reinstated the full au-
thority OF National courts in all matters
within their jurisdiction, and justices of
Supreme Court were expected to join the
district judges in holding Circuit Courts
during the winter
Between the term at Washington
23d of July, kl866-howeYer, an act of
Congress reduced the number of circuits.
and changed materially the districts of
which the Southern circuits we're compes-
ed, without making or providing for the
allotment of members of the Supreme
Court TO the new circuit, and without such
allotment the Judges of that court have no
circuit jurisdiction. The effect of the act,
therefore, was TO suspend the authority of
justices to hold circuit court in the altered
circuits. This suspension was removed by
the act of March %, 1867, by which new
allotment was authorized.
Uuaer this act the Judges of the Su-
preme 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
made part.
] am here to join my brother, the district
Judge, in holding Circuit Court for this dis
trict. 1t is the first Circuit Court held in
any district in the insurgent States, at
which the Justice of the Supreme Court
could be present without disregard of the
superior duties at the seat of government,
or usurpation of jurisdiction.
The Associate Judges allotted to other
Southern courts viii join in holding court
al regular terms prescribed by Law, and
thus the national civil jurisdiction will be
fully restored throughout the Union. 1t is
true the military authority is still exercised
within the Southern courts but not now as
formerly, in consequence of the disappear
ance of local authority ana in the super
vision or control of all tribunals, State or
national. 1t is now used under the acts of
Congress, and only TO prevent illgal vio-
lence to person and property, and TO facii-
tate the restoration of every State TO equal
rights and benefits in the Union This
military authority does not extend in any
respects to courts of the United States.
Let us hope henceforth that neither re-
bellion nor any other occasion for the as
ISOLATION of any military authority over
courts and Justices will hereafter suspend
the due course of judicial administration
in the national tribunal in any part of the
country.
The remainder of the time wa con
sumed by the court in hearing important
cafes and motions