Daily Davenport Democrat. [volume] (Davenport, Iowa) 1864-1874, 1867-09-02

WASHINGTON.

W,sHfSosoY. Aug 81 Special Orders
NO 429 from Gen. Grants head quarters are
as follows:
Commanders ri military districts, created
under act Of arch 2nd. 1867. wi. make no
appein, lents to civil offers Of persons who
have been removed by themselves Or their
predecessors IN command
The internal revenue receipts for the
week are f3,Gi2313; for the fiscal year 10
date, @4'.5s2. 7vs
Breyet Brig Gen. Seth Eastman is ellev-
ed of duty 81 Hasodsburg, Ky, and or,ieted
10 report 10 the Secretary o! the Interior
Bttyet Brig Gen rhns TompkiHs Of ibe
Qusrt.rmsster's Department is assigned
chief Quartermas,er of the 9th military dis
trct Capt Chas johnson of the 18th Iowa
volunteers is mustered out of the service.
Assistant Secy OF the I reasury, Chandler,
has returned 10 the city.
-Four clerks OF the higher grades in the
Interior Revenue Office, who wes discharged
to-day, have beer re-appoibicd fret class
clerks. Ii Is contemplated 10 make further
changes o! the same character in the Treas
ury Department.
Acting ATTY Gen. srincsley. under date
Of August oath. submit. Il TO the President
a very long opinion IN regard 70 General
Sickles interference with the execution al
'He judgments vi tue 1tiShftt Abu.t Oh tHt
United States, Chief Justice Chase presi-
ding, under his oriar No 10 After review
ing II, length such interference and quoting
a parae raph OF said order prohibiting the
enforcement OF judgments OF money on
causes of action arising between the 18Th Of
! December, 1850, and The 18th OF May, 1865,
| the Attorney General argues at length that
the judicial power OF the United States is
vested anterior 10 the laws of Congress by
| ex lress provision of the Constitution
similar grant Of jurisdiction by Gen. Sickles
must have appeared ridiculous had such
| been inserted in his order.
The Attorney General refers to the an
nouncement OF the Chief Justice that it
wes Incompatible with the authority OF the
national judiciary 10 sit where military au-
thori,y existed which could impede its pro-
cess. ard that it was solely in consequence
OF the fact that no such authority then exist
cd that he felt willing to hold that court
He submits that the case 10 one of those
which lies within the provisions of the stat
ute IN force Tor the punishment of persons
who obstruct the process OF the United
States courts, and is simply a case of high
misdemeanor contemplated. The Attorney
General then proceeds to argue nj great
length the supremacy Of the court under
| the Constitution, over the military authori-
ty and cites numerous authorities to sup
port this position ami define the scope and
extent OF these powers, showing by them
that whenever in any territory Of the Uni
1ed States, irrespective Of persons or cir
cumsinnces, matters Of controversy arise
which is distinctly comprehended under
any one clause Of the Constitution, and
which position is to be susceptible of ju
dicial action, it must go without adjudlca-
ton or else be acjudicated by the courts Of
The United States.
| He argues that Congress cannot abolish
the judicial districts, and that Its powers
cannot 90 beyond modifying and changing
from time To time, as their wisdom may
deem expedient, the organization of The
courts and division OF the country into
judicial provinces. Whatever, under the
Constitution of the United States, either OF
authority or jurisdiction, attaches TO dis.
tricts and circuits as they stand in the stat
ute books was INTENDED 10 be, and must be
held of full force and virtue now rs hereto
tore II it be admitted that the jndca
power is intact in the district of North Car
DINA, though the subject matter is limited
to category, il Is certain that upon thos,
Z subject matters the courts of the Uni,et
States for that district are the supreme au
: thnrity of the United States.
He argues that IN the judgment of such
"A court as to the rights oil persons and prop
erly which the commanding General of
military district are bound 10 protect ant
enforce In this view he says the error o
General Sickles reaches the full statute q
perversion of authority which If persiste,
IN must Immediately acquire character %
crime OF levy1Dg war against the Unitet
States Of au undertaking which would no
ior moment be imputed To the d,liherat,
.,,tz. ~ a
guished for his gallantry in defense of tn,
constitution. In this as In any other mat
ter there NAV have been doubt as to til,
jurisdiction, but he would not insult th,
, intelligence of the commander of tie 9nt
reconstruction disirci to enquire whe.hc
IA 81 not lie supposed himself authorized b,
law to forbid the supreme court oi tht
I uiit states from hearing causes affecting
the Inhabitants Of the. State of North Caro-
. ina and South Carolina, without his con
: sent We must take it for certain tina
. General Sickles could not when issuing thi
order havel disptt ting with til,
authority OF The supreme bench II i
, ouslly certain that il he bad been disposed
To a>ccririr his authority through the adiu
location AZ competent court "a decision
might have been procured
Tue Attorney General then proceeds I,
r | -ioN iii,h .fNha's III
d with the district courts was IN elect inter
teiiug with the judiciary including the Su
preme Court OF The United tates. II
quotes from law providing punishment. fo
: persons resisting, obstrnctug or mrodin,
r. any officer rs serving or executing pro
cess of court, DC. aud debates ira, thes
avs are slil in force and tie President
bound 10 execute them. Ii he coull b
/, supposed to be willing 10 suspend them Ii
has not the power.
:. WASHINGTON, Sept. THE Post ofio
:. department has directed inqury,to be mad,
! rejecting on the reported clrelessness an
abuse OF mail matter hy the overland mai
e. The contractor denies the allegations, AZ
promises to furnish afiidaviis exonoratin
J him from censure.