New-York tribune., 1867-09-02
TnE REMOVAL OF SICKLEo.
r,11r pprs1nENT,S DETENsH.


~. pprsrpRNT; Circumstances have deY0lved upon
- ,, dntv ~ layine before your hxcellency without
de., matter arising within the province Oh 'his De.
partm.nt which appears TO be o great GfaNI! anu %
imminent urgency Herewith respectfully supnn'
documents marked from A, inclusvey, 20 o. IN which
the following administrative difficulty develops Itself Tor
s,lu., nv the sulreme magstracy OF the Republic Inc
Announcement then recapitulhes the facts OF tHe
ca, that in obedience to Writs issued by the OH.oU
states Circuit Court Of North Carolina, Marshal 0oouoe
et,emnted TO serve them against the property OF 4
PENDANTS in civil suit. but forbidden 10 90
O Frank. whose action was lndorsed Dy
aud wrote a note TO sckes, TO which he received no
answer He then again referred the "hole t'o' " ~
gHns The matter stands Although II does not IN the
hunpe eish1 1yn ~ d unoues}onable principles OF legal
olisatiOn the relation which Gen oches anu m is' ir.
ordinate officers and soldiers bear To the resated Jaws
NTuch are in force the punishment OF persons Wo %
obsruct the administration OF Justice Ia ne us " tbat
United states Yet 1t may be JuSt 70 nensio. scr au
fhs remarkable action Of that distinguished oleeI ,, az
pears have been prompted by the ae ~ S fpom man an
nfical copy quote entire the paragraph that ouc ~
% ri{rce n i'm its largest construction In defiance
of the Constitution ana statutes a' laiso' "0
for the payment q S money G 90 s s'uis s Of My
arising ggsen the @ Sp e property or persons the defend
Proceedings in such causes Of action now - mmsneed f
.S9 .S9 .a,b ?" '-s coss ss o giSS sctos
Of o courts United States Certainly s4e an e&ceI
ton must have appeared giS States for exam
ole The judicial power Of the United states vested an
tss HoUsnon n similar grant of jurisdiction by Gen
sokes must have appeared iidcu9us, nau % se h ia
inserted his order for the enranchlsement OF tne fea
-sral courts. Much more absurd would II nave up
pearcd had the privilege been hhpa,va p, Dy EeneI a
to the United states TO lnstituts ! sun, ana
realize upon execution against defaulng pubic agent
or debtor where the of action had arisen between
the 10Th OF December 1860 and the 18th OF May 1865 But
the eNpediency of criminal prosecutions Is at leasl
in tho district that Of collecting debts
II to lie understood that the punishment 3 e1nnedd
f.tsor fba robbers
States mail etc. through the lnstrumentalty OF tne Ma
tOusl Courts in the Car0' rs eo9Seceo OF
executive agents. There seems to be no pr0ba6illy
that the order IN question contemplated ., "a
usurpaton so gross, and so PEI H,edTiltSus TO the
good name Of loyal officer. Could II have been been
promulgated by military officer, charged within CIR
cumscribed locality with anomalous ciyi duties unoer
provisional system of restorative legislation the judicial
establishment of the Republic TO conceive Itself
9SS Of @ gTsa s ss it e%pSSed sa the
Judges. in consequence OF such an implication, wOuo
,istice II seems not The construction which aP
plies the order IN question to the Courts OF the Union
on 9th Chief Justice opened the Court in
the information OF all parties concerned the occasion
of seating himself the bench that was Incompatible
military authority existed which could impede Us pro.
and that II was solely In consequence OF te isS,
willing 20 hold that Court, was rendered notorious ny
general publication III the newspapers at the time The
ton OF certain suits. The Court was held, after
referred to, and the suits in question herein were
ne dtbe al 6rs IN oGR endng to Hinder the
Iuual independence of the Judiciary 1et untll aIer
the departure OF the presiding from the locality no stops
as far as have information taken to enforce this
in the premises With the validity OF the olde as
operating upon the judeaes OF the states whose Tesus
citation has been cOnded TO the management OF Major
Gen Sckes and especially with the expediency OF ~ me
fully submit that the is one of those which lie within
punishment @ of persons who obstruet process of
the United States. and is simply 1he put case Sc
view OF the respectabty Of the principal offender and
the corresponding danger TO the higher dignity OF rue
law understand that ii is deemed necessary III thus lay
ing before your Exceency the facts and documents 10
annex to the foregoing statement some csuoS n ana re
grave of ncpient attack by arms upon the
Department Of 1t is respectfully suggested as
tIcipated IN tins country, that there is no rghtfu
CONSTITUTION and laws of the United States
1t would seem to be highly inpertinent to attempt 10 es
tsblish that proposition, ana almost as Ipe'eht 70
argue this necessary result viz that all military suthoI
G m% ne uDo UT t6e civil anhoTy Action by
military persons therefore which Is OUTSIDE OF tn pin
that principle, embodied in . the Consti,
tntion and statutes such action % overt Ded hed
States Military power is but form on ,,.sf %lfh IN
action conflict therefore between the civil and the
military authority OF the same sovereignty Is IogcV
Impossible through the fault OF public agents
either civil or military. The laws OF country must and
the ministers OF those laws he in harmony but they
tives These principles Of the utmost Importance TO
public order and have been so recognized by pontclas
OF every school and partisans OF ever laSto VI no.
from the foundation Of the Republic. surely no po-
ltica party will repudiete. vs. none can Si3
person would hesitate to accept their substance as u
puabe and we may thus elnnate AT tne ote'9 ~ nT
OF the eXtraneous matters tehuhg 70 sOlnl to @
fortunate collision which has occurrec ana may DC war
ranted think in nqurng whether IT anything IN law
but isdemeanor In violation " the laws IN force Tor
tSSf fS Of e pecp G ode as before suggested and
the saIuary public objects TO which his ex9rbant action
would probably be ascribed no less than ts great na
nude OF the power with which he could support MS
stances which give the occasion an eXtaoronary hara
ter and inspire the undersigned WIN mat sSnse Do ~
its dehcacy and Importance when ueiahHs 'ne ino @
ductOn here of the principles OF the SUBJECT 40 Pio
nOunced by standing authorities. ,,...o oor,,,.r,
20 show the sphere Of the authority Of the Judlay
taking the ground that the power OF the Legislato
cannot 20 beyond modifying and CHANGING roih tHe 70
time their mission may seem expedleht tne gan
cation OF the Courts and the divisions OF the c9ly i
judicial provinces But having once VesIeu tIo Jd hnd
power whch,as are instructed, Congress was oQuu
TO do that body cannot have the power 10 Nacate JUL
cia tract. But tits otherwise with the dl5l Io
nue OF other purposes The Constitution has not inhD-
tied total abolition at the pleasure OF Congress Bnt
the judicial districts OF United States, though they
may, and frequently do change their boundaries INC
all criminal prosecutions the aceused shall enjoy the right to
% sPss ~ Ne pan a wa sh. S.Se @ beeD committed shall
nover 10 abolish all iud cal districts would therefore,
he apOwcr abolish all criminal JufIsucliVh vi tuo
limited states which would defeat the aw-making power
Itself The judicial provinces OF the nation are then,
somethng more than revenue provinces or recohsIuc
Observation-Disclosures the latter term for cearness VI dis
fIncton Though subject TO the modification OF thell
boundaries may be expedicnt the territory emDces
them cannot be either eXOneraIed rom Ine PVmS oii
nor deprived OF the right TO she national machinery oI
Justice except indeed when violence prevents te opcd
ton OF that machinery but thea only While thS hIcrIul
ZION Continues 10 prevent the regular judicial slttm
violence cannot, Of course, come from INC Leslss
laturc itself least OF all through mere colst n ~
"A purpose What, then, IL the status Ci tnat yt. az
rrfl