The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-09-03
GENERAL .SICKLES
AND THE
UNITED STATES COURTS
LETTER FROM JOHN M. BINCKLEY,
ACTIsG ATToRNEY-GENERA TO
PRESIDENT JOHNSON.


PRESIDENT JOHNSON.
ATToRsEY-GESKRAL's OFFICE,
August "a, 1867.
NJ. President: * Circumstances have deVoiyed
upon me the duty OF laying before your E1cenen- ~
cy without delay matter arising within the prov
ince OF this Department which appears 10 tne uIl.
dersigned to be of great gravity and OF imminent
urgency.
Herewith respectfully submit document mark
ed from inclusively to o, in which the following
administrative difficulty develops itself for solution
by the Supreme Magistracy OF the hePuDnc.
STATEMENT OF THE MATTER.
At the repular ststed term of the Circuit Court
of the United States for the Dlstr1ct OF North
Carolina, begun and held at Raleigh on the hrst
Monday in June last, Chief Justice Chase presio-
ing, among other civil actions wmca pass9Sa 70
| Judgment were two in which parties named DAVID
and Daniel Kahnwellor were defendants of record,
as I am informed. 1 have no particulars respect
ing said suits beyond the essential Iacg tnat, IN
due course, after judgment against the deIenoants'
the proper writs OF execution were resulary is-
sued and placed in the hands OF the Marshal
Daniel R. Goodloe Esq, for the purpose Oh nsYl1g
them served against the property OF the defend
| ants. The Marshal charged his responsible depu-
ty, Mr. Nef, with that duty who oelore q etecat M Ut
in writing to that effect, by r. T. Frank, an ON,
| Ger Of the army, having command OF the United
States soldiery stationed at the military post at
Wilmington
ant Of said post. the marshal, who was at Raleigh
addressed respectful letter to the superior ofcer
of the former Major General Slckles, IN Tnicn the
marshal of the United States for that Judclai ds-
tct brought to the knowledge OF tae @ a
the process Of the Federal Courts was opstructeo
| by one of his own subordinate officers
Marshal Goodloe does not appear, nom thus ~ com;
munication, to have addressed nlmseu 10 uenerai
SicEes in the manner of ministerial ofhcer OF JUS
tce on the occasion Of riotous or otherwise ror.
midable resistance to civil process, demanding OF
an officer Of the army the necessary mlntary sup
port, as, it seems, might have been done with per-
feet consistency, and with unquestlonaDie oohga-
ton upon the officer to respond, whether the Of
| tenders were or we're not troops OF the Uni
ted States under his command; put MI.
Goodloe appears to have anticipated with CONT
aenco the prompt interposition or General Slckes
for the yindication of the law, the supreme OBJ
ject Of his allegiance. he also reported ms action
to this Office, with copies Of the several papers
Upon receipt Of these reply was made to the
Marshal to the effect that no further acrton would
| be had here in the absence of information from
| General Sickles. It was confidently, beheged IN
this Office that the obstruction would be promptly
removed by command of General Sickles, or that
if he thought fit to hesitate in that duty he would
NOT knowingly suffer his authority TO fall into col
lision with that of the national judiciary without
irst communicating with the seat OF Government.
Under dale of the 9Th instant, however, some ten
or eleven days after the obstruction OF process De-
gan, the Marshal reported that ne nsd receSed no
response to his communication to General Sickles
referred to- and had seen it announced as fact IN
the newspapers that the action OF Colonel Frank
had been formally confirmed by General S'ckles.'
Hereupon, it was deemed unbecoming 1or TINS
branch OF the public service to appear longer IN
sensible, in any degree, to the paramount nSnty
of the civil authority, and, accordingly, such IN
structions were communicated TO the Marsnal,
7,nder date of the 18th instant us shouSd comport
With the statutes in force for the protection OF the
;,-d;c;ol mower of the government. He was further
Instructed that, in the opinion OF TINS once, the
military authority impaired by the statutes IN
force for the reconstruction Of the Southern States
did not extend 4 any respect % sne UGSrs Ta .d
the same words by the Chief JUSTICE OF the united
states. on the solemn occasion OF his opening the
co,,rt whose authority is thus contemred. UnqeE
date of the 20th instant, q report was recelyeu
of the following communication, addressed W LIS
deputy; MOI
August IL, 1867.
H.. u Ne6 Dep,uu Unaed States Marshal,
SR: NV action in suspending, untll Iafe9er :s or,
ders thu execution Of certain DEGREES OF the pteu
States Courts in North Carolina attempted 10 10
enforced in violation OF General oraee cond No a. Mill
tayy District, having been approved by tne Malof
General commanding, shall not permit, until
receive further orders, the Judgment OF 9eciee ",
any Court to be enforced in violation OF e1sting
orders, and shal use the necessary force to pre-
vent it.. LII. ,,r,,st
ssss 'esp'''''' ''' R. T. FRANK,
Breyet Lieut.. Col, end Captain 9th Infantry COM
manding Post.
structions Of the 18th instant from this Office ne
will report the case to the District Attorney Ior
his action under the criminal laws OF the Unlteo
States, which he says, is sll that can be oone IN
the presence OF an overpogerng ,nrs t,s +ime
is presumed that the proper DstrlcS Atteinsy
has received due information ct the onence. as
vet no express instructions have beeu issued 70
pected, and viii be required TO act WITH Whatever
resolution the occasion may call for.
IN the satest report recsiYed from the marsnal
vl;ch hears the date Of the LAST mentioned, he
announces that the letter which, iR the nrst IN
stance, he addressed to Major General Slcfss;
returned to him through the post commandspt at
Wilmington. he mentions an endorsement there
on Of several inquiries addressed, az ne is under.
etood to say, TO him, dated at Charleston, August
trre was subjoned to them, He furnishes no fuh
transcrirt OF these endorsements, but reports
oony OF his ogp. made in response to those re-
ferred to, on the ssme letter In his endorsement
the marshal recites apparently, some OF tne Iors
mer sWnere and when ae seYeral CAUSES e o.. y.
debt CT ether causes; when the suits we're psggn;
whsn judgments we're given, and when nnat pro-
cess was issued" etc. If the object OF these IN.
terrogrtories was to elicit data upon which Gene
nroceedlngs were regular and valid which had
beea conG1cted to judgment according to lay, m
der the presidency Of the Chief Justice OF the
United States, must say, that it would be DIM
cult to imagine more preposterous anront 70 @ sne
attempt to constrain or to invite, the ministerial
officer or the court to inquire into the validity OF
its PROCESS in bis hands. The marshal, with que
propriety, declined to engage ID the nDestgauon.
g. copy of which is herewith annexed, The Hpproval
OF the Law Department is communicated TO Mar
shal Goodloe, with Instructions substantially 10
the Nfect that he shall continue to execute process
in conformity TO the authority OF the Court; tnat
be is not bound to expose his person to manifest
peril: that when menace] by force, as in the pres,
ant instance, he shall report the particulars and
naSues Of an offenders, with their s,ders anu aDet-
tors, to the District Attorney, as ne has aone IN
fhs nfesent case; that he is required TO neport
himself IS inoensiveiy possible, but that rs Is
NOT authorised to compromise the dignity OF the
Conrt whose servant he is, by descending to ne
gotiate with any person, however resPectsple Ior
the privilege Of executing its authentic process
or of obeying the laws; and that the whole dlfn'
Guilty is to be promptly submitted 20 the EAecuI's
Thus the matter stands.
Although it does NOT in the humble opinion OF
the undersigned, qualify, in any degree, upon es,
tabtshed aud unquestionable principles OF legal
obligation, the relation which General Sckles and
his subordinate officers and soldiers bear to the
violated laws which are in force for the puniaa-
ment OF persons who obstruct the administrator
of Justice in the Courts of the United States, yet
it may be just to mention here, that the remarka-
bic action Of that distinguished officer appears to
have been prompted by the real persuasion that
an order issued BY himself In April last, OF which,
that touches this question, is Of such uncommon
dignity @ that it is his duty to enforce it, in its
largest construction, in defiance Of the Constitu-
ton and Statutes at Large. The following is the
Judgments or DEGREES for the payment of