Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1867-08-16
Conflict of Civil and Military Authority
in North Carolina.

We learn that no official communication has yet
been received, directly indirectly, from Gener-
al sickes in reference to the conduct OF his SUD
altern at Wilmington, in interposng copy OF Or-
der No. 10 against the execution of q Judgment
rendered by the Circuit Court Of the United
States. We hope it is not hence to be concluded
that he sustains his deputy, although such long
silence is ominous OF fresh troubles IN that guar
ter The public press generally, Radical and
Conservative, have expressed the conviction thaL
he will order the obstruction to the execution OF
the writ to be Internationally removed. we await
his august decision with curiosity, not unmlxed
with grave forebodings National I''te4e9encer.
Our respected contemporary is Informed,
rs we have previously announced, that Col.
FRANK, Commanding this Post, IN In
terposing military force against the execu-
ton of Judgment of the Circuit Court OF
the United States, acted directly under Or
ders from District Headquarters.
We are little astonished that this con-
fict of authority should create any sur
prise at the North. 1t was nosecret in this
State at least, and found its way into the
papers, that during the simultaneous visits
of General S1cKLEs and Chief Justice CHASE
to Raleigh, this question was mooted and
the former announced then that his order
applied as we'll to process issued from the
Federal as from the State Courts. And we
cannot see that Judge CHASE has the least
cause for complaint. 1t is we'll known that
he permitted ex-President DAVIS to llnger
for two years in jail, refusing to hold Court
in Virginia on account Of the presence
merely of the military in that State. AT
the first term of the Circuit Court for
North Carolina, when the superiority OF
the military to the civil power was palpa-
BILE fact, he presides, and the whole coun-
try is astonished that the military pay no
respect to his mandates
IF the Reconstruction acts OF Congress
iustify General SICKLEs in the issuance OF
the order in the first place, and THIS Con-
gress has endorsed, it certainly justlties
him and Colonel FRANK in using the whole
force at their command in maintaining the
authority of the order. The people OF the
South have come fully to realize and ap-
preciate the fact that the military is the SUI
preme authority in the Southern States.
Our Northern friends who only see the
heorv as contained i'll the acts of Congress,
show q little FESTIVE spirit, as its rather
harsh exercise here initiates against their
interest It may prove somewhat lneom
prehensible that an execution, coming from
the highest judicial authority known to the
Constitution of the United States should
not command the respect and obedience o.
q Post Commander in one OF the Southern
districts-but to this &c complexion have We
come"
We look upon this action from dit1eren
stand point from our Northern friends
While they seem inclined to upbraid Gen
eral SICKIiEs for his reckless temerity IL
thus trifing with such august authority
we think that he acts with consistent ant
equitable firmness in paying the same res
pect-no more-to the process issued I'm
der the sign manual of the Chief Justice o
the United States as he does to that com
ing from the Magistrate Of a county In an.
portion of his district. While the Judg
NAV not, indeed, be under his authority
the citizen whose rights and property ar
sought to be affected, is. We must ad
NIT. if we look to the Constitution of tn
country, we see no authority Tor his actlo
in either case, but if we regard the acts {
Congress, the present law of the land, W
find ample justification for both, and W
have respect for the officer who exercise
mower. be it inconsistent with the Const
tuition, with @ firm and impartial hand.