Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1867-08-25
HALF-MEAsUREs.

|GDEtLIhEns-
Same months since, the Chief Justice
NJ the Supreme Court Of the United
STATES refused to hold the Circuit Courts
in his Circuit, composed Of the States OF
Virginia and North Carolina, on the
Ground that these States were under mil
itarv government, and that it did not
camport with the dignity Of a judicial
Tribuual Of the United States to be held
where the military power might inter
fere with its jurisdiction, and prevent the
the execution Of its process. 1t Was a
terrible confession Of the impotence OF
the Judicial Department Of the Govern
ment to protect private rights and enforce
public Justice, in the midst Of q revolu-
ton.
AT length. however, the authority Of
the United States being completely re-
stored, and Congress not having given
the military instruments Of its mad will
spv mower to interfere with the Courts OF
the United States, but only TO annul and
destroy those Of the States, the Chief
Justice held the Courts OF his Circuit.
Process afterwards issued in due form Of
law 10 execute a judgment or decree OF
the Circuit Court Of the United States for
North Carolina; and military subaltern
named FRANK, deemiug this p violation
of an order OF DAN. SICKLEs, iRterfered
and prevented the execution Of the pro-
cess. For this act Of violence he was, by
4 Statute Of the United States, liable 10
Indictment and severe punishment.
Nevertheless, upon reference Of the ques'
ton TO DANIEL 1, he dPprOrcd the act OF
his subaltern, and since then, for some
two months or more, the matter has
been set on at Washington, without
ANYTHING definite and decisive being
Matched out OF it. Two or three weeks
ago il was announced that orders had
teen sent to His Majesty the Emperor Of
the CarOlinas, that the process Of the
Federal Courts must not be interiered
with. The State Courts were abandoned
90 his tender mereies. Then it was re-
uorted that the process from Chief JUS
tee CHAsE's Court still remained i'm
usded By the persistent Sub, and its
execution prevented by military i~nIunc,
ton. NOt7 it appears that General
sFCELEs is arguing the point, and that
the President IS " hearing his views" on
the subject Of his power 70 psralyze the
process OF the Courts Of the United
States. This we learn from the following
paragraph:
WASHINGTON, August PIT is al
ready known that instructions some
days AGO. were sent TO Gen. Slckles that
pr0cess OF the federal court must not be
ipterfered with by the military. Recent
disnafches from the south say Douwith-
standing. order No. 10 is still In force.
Vhesa facts unexplained would convey
lie impression that Sickles h disposed TO
ha coutumacIous, and to disregard orders
~ the war department but il is posi-
tivaIv EuoWn her at the instructions,
A. biz regLsst, are temporarily sus-
PENDED. ip or9er 70 hear his views on
the subject.
The military rule once was, 'O5sy trt!
protest and argue afterwards but BTevet
General SICKLEs must be allowed 10 ar
que with the President whether he shall
obey an order and cease to insult the ju-
dicial power Of the United States.
Thus rapidly events march; until the
legislative department has become 50 all
powerful that it can, If it pleases, al any
moment depose the President and vest
the Executive power in Consuls or a
Committee Of Public Safety, uith the con
sent and approval Of a majority Of the
peoDle Of the Northern States.
The President Of the United States was
not compelled 20 become = candidate for
the Vice-P Presidency. He coveted the
office. and he still more coveted the Pres
idency. He sought the position be holds.
and if he does not defend its Just and
Constitutional prerogatiyes, he will be
deemed BY history to have been unworthy
ofthe placehe held and could not I'LL To be
allowed to serve out his term, submissive
to the edicts OF his masters, and then 10
subside amid general contempt into in
significance, would be a miserable des-
tiny and if the President does not see 10
II. ii will Overtake him. He received the
Presidential office with its prerogstives
and powers not only not impaired or di-
minished, but even enlarged beyond
their former greatness. 1t viii be little
honor TO him 70 transmit it to his sue.
eessors, with it, chief powers and hon
ours shorn away, and the flowers Of the
p~rerogative Of the Chief Magistracy with
sred. Il would be far better at once 70
initiate Richard Cromwell A President
like a King, holding his Office by suffer
anee. and himself into q mere submissive
instrument Of an arrogant and imperious
legislature, is ore of the saddest sights IN
this world. He is like q noble who
nroyes unworthy Of his ancestors and of
whom his pOsterity will be ashamed.
Rat there are far higher and more Co
gsnt reasons why tbs President should
= an hazards and to the last extremity,
dafand his prerogatives and refuse 10
snoeumb 10 the uneOnstitutional ediets OF
Congress. These reasons may be found
n the passages from the Eederalish
.bich we have quoted.
The tendency Of the Legislative au-