The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-09-03

justice 1t seems not Tho construction ,vbic
apphes tho order in question to tho courts OF th
is dated 11th April. On tho 9Th 81 June tho CHI Oh;
justice opened tho court in Raleigh, That h
Publicly @ announced, in substance, for the info fmn
ion or all parties concerned, ON tho occasion q
: seating himself on tho bench, that it was incom
patible with the authority OF tho national judicar
could impede its process, and that II was sooIy Il
consequence Of the fact that no such miIiiar
authority then existed that he felt willing to hol
that Court, WAS rendered notorious by genera
order expressly forbida tie institution or ou prosecu
ton of certain suits. The Court was hold afto
the solemn publication to the bar aud tho peopl,
referred TO, and tho suits in question horel were
prosecuted all in open contempt Of tho order mt
all other orders tending to hinder the cOnstita
after the departure of tho presiding Justice from,
the locality no steps, as far as have information
With tho validity OF tho order, as operating upoI
tho jnlicatures OF tho States whose resusctatiou
has been confided TO tho management OF Major
denorai Siokos, and especially with the expedfcp.
cerned. WIZ
i respectfully submit that tile csse in ono nj
those which lie within tho purview OF tho statutes
IN tcrco ior Tho punishment Of persons who OBJ
str'rt process Of the United States, and is simply
| tho case OF high lnisdemeanor, legally contoIn.
plated. But in view OF the rcspectnbility,o OF the
principal offender. and the corresponding danger
to tho higher dignity OF tho law, understand that
| Excelency tho fncts and documents, to annex 10
tho foregoing statement some citations aud reticc-
tlons which appear to the undersigned to bcht tho
the Department. ~ Justice : =
TEE DOCTRINE. cF oIyu. SUPREMACY.
II 10 respectfully suggested principle upon
which diference OF opinion cannot be anticipated
this o1 cSn1ntry that there is no rghtfs authority
and laws Of tho United States.
II would sGom to bo highly. .impcrtine,t to at
mpertnon 10 argue this necessary T result S viz: b
TINT all military authority must bo irimedat or
directly impartod by, and consequently dependant
so:e, therefore which is outside Of this principle
must be unlawful, aud il done with intont to 70.
| sist that principle, as embodied in the Consti-
| tuition and statutes. such action, IL overt and
with nrms, is treason against tho United States
Military power is but q form in which tho
sy which aoo, il tho only nnras. authority nsufess
tweon the civil and tho military authority
OF tho SAME soyoroignty. is logically i'm
tithor civil or military. Tho laws Of a country 3
must, and tho ministers OF those laws may, DO in
| harmony; but thoy may not; and this from inno-
arc OF the utmost importance to public order aud
s have been so recognized by politioiana Of every
tho foundation Of tho Republic. Surely no poIiti-
cal party will repndiate, ga none can exclusively
claim, these essential conservative principles. No
candid person would hcsitate to accept their sub
stance Us indispensable; and We may thus eliminate
at tho outset most Of the eItraneous matters tend
ing to complicate the unfortunate collision which
Shoho anytSar ns n % think in
lenennor in violation OF tho laws in force for tho
furtherance Of the judicial power2
before suggosted, aud the salutary public objects
to which his eIorbtant action would probably he
ascribcd, no less than the great magnitude Of the
should no feel justified in such a course are cir
cumstanccs which give the occasion an eItraordi-
nary character, and inspire the undersigned with
0f ifQ n Nd
which demands tho introduction here Of the prin-
clpies OF the subject, as pronounced by standard
authorties. - tIf E't. =
POWER AND SPHERE OF THE JuDIeIAnJ... -.
=. Chancellor Kent says .9'; 81, origin and title,
equal with the other powers of Government, and is
exclusively vested in the Courts created by in
pursuance OF the Constitution, as the Legislative
power is vested in Congress-, or the Executive
Tho Federast, No. 7s, il an elaborate and lu-
minnus exposition of tho central idea that "tAe
complete independence OF the courts OF Justice is
peculiarly essential in limited constitution"
MIR. Justice Story BAYS ''Tho importance of tho
establishment OF judicial department in tho Ma
discussed. Tho want OF it constituted one Of tho
vital defects Of the Confederation. And every
Government must, in its essence, be unsafe and
does does not exist, With powers coeItonaiye with tho
Legislative department.. Where there is no judicial
department 70 interpret pronounce, and execute
tho law-to decide controversies, and 10 enforce
rights-the Government must other perish by ita
own imbecility, or the other departments of Gov
ornment must usnrp powers Tor the purpose OF
commanding obedience to the destruction OF
liberty "a Story Gonst., 81, 574.
The aarne authority says, speaking Of the Judicial
department: "To the people at large such an insti
eminontly cherished by them. On its firm and in
dependent structure they may repose with safety,
shile they porceiyo in 1t faculty which is only
| thus brought into action, must proceed with com
petent power, if required to correct the error or
ubduO tho q the other branches Of
"A And further: &The trainers Of tho Constitution,
having these great principles in view, adopted tTo
that national R Judiciary ought to be- estsbiished;
sess powers eoextensiye with the Legislative de-
Tbs eonvenoh oia 4boh S framed the Constitution
voted unanimously for the perpetual and invinci-
lie independence OF tho Judicial department.
! i2ousFel of she Convention, Ed. 1903, PIP. 1oo'
The Supreme doc,s Of tho United States says:
sTLe object OF Tie CONSTITUTION was to establish
great 81 tSe aae dc
partments.i Tho first wAH TO pass laws, ING se
cond to approve and execute them, nnd The thlrd
TO e1pound and enforce them (Martin ps. Hun
"a Authority % on ' tits point is so uniform that tho
above may conciasiyey establish the sanctity, the
hS 81 hS
| oiir National Government must rest" and impQe-
diately upon the organization OF the Supreme
Court addressed to the Justices respectful letter,
having previously addressed each one separately,
their independence OF operation, and collected
their instruction. taee vol. 10, Spurks' Writings
Of Washington, pp 49, sG). could not with greater
humility conclude this particular topic, With my
own 'gonoral impressions concerning 1t, than by
offering them in the unimpeaohsble eqppsel oi
Judge Story:
''Nothing.r Eays that great ministor Of iustics,
sis more facile In republics than Tor demsgogues
} under artiul pretonces, to ettr up combinations
solfish purposes are too often interrupted BY the
flrnlnoss and independence Of upright magistrates
not to msKe tilsm at all times hostile to power
| which robukos. and sp impsrtiallty which con-
ienns them. The judiciary, aR the weakest pon
in the Constitution on which 10 make On Attack
is therefore, constantly that to which they direct
their assaults; and triumph hero, atdea ~ anJ
momentary encouragement, achieves lasting VIC
| tory over tho Constitution itsalf Hence, in 70
tons, or tie prefalence OF faction, elws5a III,
! enonies OF q regular md independent adminintra
,op OF justice. They skyead all sorts Of dclusions
In order TO misload tho public mind and excite thu
public prejudieos They know full well that with
out tho aid OF the people their schemes mus
provo abortiSas and they therefore. employ eyery
i ART tn undermine tbe public confidence, and Ia
, mako tho people tho i.istrnrnents 81 subyertint
: thor own rights and libert!ss.H l2stoTy Const.
> s16l1.}
airy as tho third part OF tho qoyernH,ent; and 10
inquire what 10 the sphere Of It's authority
This is the samo as. the question, in what brsncl
of the public buHinoss is tho judiciary the snprem
power OF tho nation 'lE-s r..ls. d! - p tl.