Evening star. [volume] (Washington, D.C.) 1854-1972, 1867-09-02
THE REMOVAL OF GEN. SICKLES.
The Report of Acting Attorney General
RinckleV,

a -.
The Report Of Acting Attorney General
Binckley.
Acting Attorney General Buckley has pre-.
pared long paper addressed to the President
submitting sundry documents in which an ad-
ministrative diff Guilty developed itself for So
lution by the Supreme Magistracy of the Re.
public He gives a statement OF the matter OF
Gen. Sickles obstructing the process OF the
Federal courts in North Carolina, saying
"At the regular stated term OF the Circuit
Court Of the United States for the district OF
North Carolina, begun and held at Raleigh on
the first Monday in June last. Ohief Justice
Chase presiding, among other civil actions
which passed to judgment were two In which
parties named David and Daniel Kahn weller
were defendants Of record, as am Informed.
l have no particulars respecting said suits be-
after Judgment against the defendants. the
proper Writs of execution were regularly is
sued and placed in the hands of the marshal,
Daniel r Goodloe, Esq, for the purpose OF
the DEFENDANTS. The marshal charged his re-
sponsible deputy, Mr.. Nef, with that duty,
VINO, before exec eating the procests was ex-
pressly forbidden so to do, in writkag to that
erect by X. T. Frank, An officer QS>tee1army,
having command Of the United Stasts 4oldlefy
stationed at the military post OF WILMINGTON.
upon information OF the action OF the COM
mandant OF said post, the marshal, who was at
Raleigh, addressed respectful letter to the
superior officer of the former, Major General
Sickles, in which the Marshal OF the United
States for that judicial district brought to the
knowledge of the commanding officer of that
reconstruction district the fact that the pro-
cess Of the Federal courts was obstructed by
one of his own subordinate officers. He also
reported his action TO this office, with copies
OF the several papers. Upon receipt OF these a
reply was made to the marshal, to the effect
that no further action would be had here in
the absence OF information from General
Sickles. Under the date Of the 9Th instant,
however, some ten or eleven days after the
obstruction process began, the marshal reported
that he had received no response to his com
munication to General Sickles referred to, and
had seen it announced as a fact in the ne VS.
papers that the actisn Of Colonel Frank had
been formally confirmed by General Sickes.
Hereupon, it was deemed unbecoming for
this branch Of the public service TO appear Ion
ger nsensihle, in any degree, to the paramount
dignity of the civil thority, aud, aceordin gly
such Instructions were communicated to the
marshal, under date of the 18th INST, as should
comport with the statutes in force for the pro-
tee Ion OF the judicial power of the Govern
ment. He was further instructed that, in the
opinion OF this office, the military authority
inc mparted by the statutes in force for the recon
structien of the Southern States did not extend
in any respect to the courts Of the United
States. The same had been said in nearly the
same words by the Chief Justice of the United
States, on the solemn occasion OF his opening
the court. whose authority is thus contemned
Under date OF Goth INST, report YVES received
from Marshal Goodioe, in which re enclosed
copy of communication. addressed to his
suspending, until further orders, the execu-
tion OF certain DEGREES of the United States
courts in North Carolina, attempted to be en-
forced in violation of General Order No. 10,
current series, from the headquarters Second
Military District having been approved by the
major general commanding, shall not permit,
until receive further orders. the Judgment or
decree of any court to be enforced in violation
OF existing Orrers and shall use the necessary
force to prevent it,"
The marshal adds that. in obedience to his
instructions of the 18th instant, from this Of
flee, he Will report the cas- to the District At
torney for his action under the criminal avs
OF the United States. which, he slys. is al that
can be done In the presence OF an overpower-
ing military force. until the Government in
terposes. Finally, by communication of the
22d instant, the approval Of the Law Depart.
ment is communicated to Marshal Goodloe,
with Instructions substantially to the eject
that he shall continue to execute process IN
conformity TO the authority of the court: that
he is not bound to expose his person to mani
fest peril; that when menaced by force, as in
the present instance, he shall report the par
tIculars and names OF all offenders with their
aiders and abettOrs, TO the District Attorney,
as he has done IN the present case; that he Is
required to deport himself inoffensively as
possible, but that he is rot authorized to COM
promise the dignity of the court whose SER
want he is, by descending TO negotiate with any
person, however respectable. for the privilege
ofesecuting its authentic process, or or obey
ing the laws: and that the whole diffic ulty is
to be promptly submitted to the Executive.
Thus he matter stands.
The Acting Attorney General discusses the
doctrine ef civil supremacy. reviews the re.
legislation, and concludes as fol-
lows:
Gail process of the Federal Courts runs in
the name OF the President of the United States,
because the mandates of the Court call him 10
action as they do all to submission, and he
must execute them as laws of the highest
sanctlty by the whole power of the nation if
necessary. Is your Excellency in a state of
collision with the National Judiciary! II not,
since the whole executive power is thus in
vested in you by the organic law and can be
diverted by nothing but change Of that or
eanic law during your incumbency, it must
follow that the collision OF authority which is
the subject thereof, Is the mere misdemeanor
OF q contumacious and unfaithful executive
agent, who having offended against the lawful
power Of the judiciary has rendered himself
lIa BILE to prosecution according to law. But
the responsibility which appears to me to ARISE
on such an occasion, where the physical
power of the offender is great, is that for the
sole Executive to suffer the judiciary to be
oyerthrown in any case, would be potentially
to overthrow himself and therefore, l am
impressed with the belief that unless
the President promptly represses the contu-
macy thus disclosed to him, he Will be exposed
to the just inputation OF q culpable insensi-
bliity to the coordinate dignity and para
mount sanctlty of the National Department Of
] Justice Contempt Of law INDUCED. speedily
grasps at the heart strings OF public order. So
teaches history"