The south-western. [volume] (Shreveport, La.) 1852-1870, 1867-06-19
Opening Of the United States Circuit Court
NORTH I, A RnI

At the opening Of the United States Circuit Court
at Raleigh, on the 9Th inst, ii the State Chamber
, large nuinber of distinguished members of the ba
were present. Before proceeding to business, Chic
Justice Chase made the following remarks to the prac
1 ttioners
Geutlsme,. of the Bar-Before proceeding to regu
lar business, think it proper to address few obser
Fatons to you. For than four years the courts
of the Union were excluded from North Carolina BIZ
the rebellion. When active hosties closed, in 1865
the national military authority took the place of the
ordinary civil Jurisdiction, controlled its exercise
All the courts State and national subordinate to
the military supremacy, and acted when they acted
under all such limitations and in such cases, the
commanding Generals under direction Of the Presi-
dent thought ct to prescribe Their process might
be disregarded and their judgment and DEGREES set
aside BY military order. Under these circumstances
the justices Of the Supreme Court allotted to circuits
which include the nsurgent States abstalnec from
joining the district judges in holding circuit courts.
Their attendance was unnecessary, for the district
Judges we're fully authorised by law to hold circuit
courts without justice Of the Supreme Court, and to
exercise complete jurisdiction at the trial of all crimi-
nal and civil cases Their attendance unnecessary
for another reasonmilitary tribunals at that time,
and under existing circumstances, competent to
the exercise Of all jurisdictions criminal and civil which
belongs under ordinary circumstances, to the civil
courts. 1t being unnecessary, the justices thought
that their attendance would be improper and unbe-
injurious in many ways to the public interests, that
the highest officers of the judicial department Of the
Government should exercise their functions under the
supervision and control of the Executive department
At length, however, the military control over the
civil tribunals Withdrawn by the President; the
writ of habeas corpus which had been suspended was
restored and military authority in civil matters was
abrogated. This was partially effected by the proela-
nation of April g. and partly by the proclamation Of
August 90 1866 These prochmations reinstated the
full authority of the rational courts in all matters
within their Jurisdiction, and the justices of the Sa
preme Courts consented to join the district judges in
holding circuit courts during the winter, between the
terms at Washington. On the ed of July, 1866,
however, an act of Congress reduced the number OF
circuits and changed materially the districts of which
the Southern circuits were composed without making
or providing for an allotment of the members of the
Supreme Court to the circuits and without such
allotment the justices of that court have no circuit
Jurisdiction. The effect of the act, therefore, to
suspend the authority Of the justices to hold circuit
courts in the altered circuits. The suspension
remedied by the act of March 3 1857 by which new
allotment was authorised Under this act the justices
Of the Supreme Court have been again assigned to
circuit duties and the Chief Justice has been allotted
hold with the district judges the national courtsin
the circuit of which the district of North Carolina is
nadea part
lam here to join my brother, the district judge, in
holding the circuit court fer this district It is the
States at which justice of the Supreme Court could
present. without disregard of superior duties at
he seat of Government, or usurpaton of jurisdic
ion The associated justices allotted to the other
Southern courts will join in holding court at the regu
ar terms prescribed by law, and thus the national
ivil jurisdiction will be fully restored throughout the
Union
It is true, military authority is still exercised within
he Southern circuits but not now as formerly, il
consequence of the disappearance of local authority,
nd in supervision control Of all tribunals, State
ational. 1t is used under acts of Congress, and
nly to prevent illegal violence to persons and prop
rty and to facilitate the restoration of every State
quail rights and benefits in the Unien This military
uthorty does not extend to to the courts Of the Uni
ed States.
Let US hope that henceforth neither REBEL lion nor
ny other occasion for the establishment of military
uthority the and justices will to
end the due course Of Judicial administration in
onal tribunals in any part of the republic.
The remainder of the time consumed by the
ourt in hearing important cases and motions.