The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-09-02
Important Opinion of the Acting
Attorney General.
Armed Defiance Of the Supreme
Court Process.
The Action PrOnOunceda High
MisdemcanOr.
IT'S LIABILITY TO PUNISHMENT.
Power and Responsibility Of the
Executive.

wAsHsGroS, Sept. I, 1907
The following communication has been sent 70 the
Rsesldent from the Attorney Generals ofnce:-
ATTORNEY GENERALS OFFICE August a. 1867
Mr. PRxsIpESI-Crcumsiances have devolved upon
duty OF laying before your Excellepcy without
DELAY matter arising within tho province Of this De-
psrment which appears TO be Of great gravity and Of
imminent urgency. Herewith respectfully submit doc
nnents marked from inciusively to O. in which the
following administrative difficulty develops itself for
solution by the supreme magistracy Of the republic
STATEMENT NATTER
AT the regular stated term OF the Circuit Court Of the
Untd States for The district Of North Carolina bosun
and held at Raleigh on the nrst Monday Of Juns st
Chef Justice Chase presiding among other civil actions
which passed 10 Judgment were two IN which parties
arned David and Daniel Kahnweer we're defendants OF
record AN informed Ihave particulars respect
ing said suits beyond the essential fact that 10 due
course after judgment against the defendants the
wrs OF execution were regularly issued and placed
she hands OF Tho MARSHAL. Daniel R. Goodioe Esq., for
the purpose OF having them served against the property
Gble deputy, Mr.. NeY with that duty who before exc
cutting the process was expressly forbidden to do In
the army having ,commsnd Of the United States
soldiers stationed at The military post Of wii ngtou
Upon information OF the action Of the commandsn, Of
End post the Marshal, who at Raleigh, afdre ssed
respectful letter 70 The superior officer Of tho former
Mayor General sickies, in which the Marshal of the
United States for that Judicial district brought to the
knowedge OF the commanding ocer Of that reconstruc
ton district the fact that the process Of federal
courts was obsirueted by one Of his own subordinate
Marshal soodos does not appear, from this communi
cation, to have addressed himself to General sicklss
abe manner oil nj terial officer OF justice
mon Of riotrus OF otherwise formidable resistance
civil process. demanding Of officer of the army the
Necessary military support Il might have been
done with perfect consistency and with
obligation upon the officer TO respond whether
DATED states under his command; but Mr. Goodioe
appears TO nave anticipated with confidence the prompt
n,eposton Of General sckss for the vndicaton of The
h~ as the supreme object OF bis allegiance. He Also
pspsred bis action TO this office with copies Of the
sni papers CO. Upon receipt Of these, reply
made TO the Marshal to the effect that further action
would be bad here in the absence Of information from
General Scklss d. II confidently believed In this
sface that the obstruction would be promptly
by command Of General sickes: that il no thonght
m 10 hesitate In that duty. be would not knowingly
suffer mis- authority into collision with that OF the
nstiona judiciary without first communicating with the
seat OF government Under date OF the 9Th instant
h0ssver Some ten or eleven days after the obstruction
OF process began the Marshal reported that he had
ooved no response to his communication General
ssckss referred to. and had seen it announced
been formally confirmed by General sickies (FD
Hereupon, was deemed unbecoming for this branch
q public service TO appear longer iusensble in any
degree TO the paramount dignity Of the civil authority
and accordingly such instructions TO
sbe Marshal under date Of the 18th instant should
eomport with the statutes In for the protection OF
the Judicial power OF the government He further
instructed that the statutes in force for the
OF the Southern States did not extend in any
respect TO the courts Of the United States (G The
same had been sad, 10 nearly the words BY the
Chef Justice OF the United states on the solemn occa
sion Of his opening the whose authority IL thus
condemned III Under date Of the 20 instant, .
seport received from Marshal GoodOe in which he
ssciosed copy OF the following comm unication,
addressed 70 his deputy
HEADQUARTERS Posr or WILMINGTON c.,
NJ, II; Nrr, DepuiyUnited States Marshal. Wilmington,
sfSq IN WIN fssss .: .Tas 4s
s &c from The n
sso"na Military dsric, having been approved BY The Major
ther orders the Judgment or decree OF any court to be
secessary force to prerent Very respecfully ODE
srevet Colonel and Captain ESl.S inf.n try
Commanding Post (k.)
The Marshal adds that in obedience 20 his instructions
Of the 18Th inst from this ONCE, he will report the
70 The District Attorney for his action under the orim
laws OF the United States which, be says all that
force until the government in,erposss BY this time
h presumed that the proper Distr ct Attorney has
express Instructions have been issued 70 tina, officer in
the premises. He Is OF course, expected and will be
CURED TO act with whatever resolution the occasion may
call Tor.
In the latest report received from the Marshal which
sesrs the date OF the las, mentioned he
the letter which in the FIRST instance he addre TO
MAJOR General Sckles and TO which he has received
reply at Wilmington, he mentions endorsement there
on or several inquire addressed he is understood
20 say 10 him, daiedsai Charleston August IL; but
BE- does not state whether or not any
signature subjoined 10 them He furnishes full
transcript u these endorsements bt reports copy OF
his made IN response TO those referred TO the
letter. In his endorsement the Marshal rectes
several of accrue; whether the actions
for debt or other causes: when the sui we're be-
cess issued &c II the object OF The ntsrrogato
res 10 elicit data upon which General Sckes could
dtermine whether or not the proceedings were regular
and valid which had been conducted TO judgment
soog 10 sr under the presidency OF tue Chef Justice
81 the United states must say that IL would be DIM
ofjus,ce legally considered than TO thu attempt TO
strain invite the ministerial oalcer OF the to
inquire into the validity OF process in his hands
Marshal. ". d
che Investigation (hL
Finally by communication OF the 22d Instant copy
OF which herewith annexed IN. the approval OF the
Law Department comm nicaiei u Marshal Goodioe,
with instructions substantially to the effect that he shall
continue 20 execute process conformity 10 the autao
MY OF tho court; he Is bound expose his
person 70 manifest peril that when menacee by force
the present ms snce, he shsl repor the parcu
lars and Of all offenders, with their siders
abctor 10 tna District Attorney he has done In the
inorensvey az possible. but that he IS authorized
sompromse the dignity OF the court whose servant he
h. by descending TO negotiate with person, however
respectable Tor the privilege OF executing s authentic
process OF obeyng tho lava aud tha the whole diff
entity is TO be promptly submitted to tue Executive.
Thus the matter sands
Although IL does not in the humble OPINION Of the
und.rsgnef qualify In any devree upon es soshsd aud
uuquesiion be primo p e. o legal oblsasloa The 10
and soldiers bear 10 the violated laws which IN force
for the punishment OF persons wno TIE admins
rson OF justice IN the courts OF the United States yet
a. may be just 10 mention here that the remsrkab BILE
scon Of disng officer appears to have
himself in Aprl iast OF winch, from Official copy,
suoe the paragraph thai touches this question: Is
OF such sncommop dignity that u Is his duty 10 enforce
H. IN t. largest construction IN defiance % the consttg-
non and statutes large. The following the ordeF:
Judgments DEGREES for the payment OF uioney on
arising between the 18th OF December 1851
ant The ls Of Nay i shall not be sniooed sAns. tae
properly Of the defendant frocrctuss IN sueh
of aron pending shall be stayed and no sur
or process shah be hereafter lBstuied commencei Tor
coy such causes Of action.
THIS order does not expressly except suits In or pro-
cess OF the courts OF the United States Certainly such
an exception must have appeared quite unnecessary In
case OF controversies De citizens OF derept Sate
for example the judicial Of the United States 10
vested anterior 10 all laws OF Congress- by express
provision Of the constitution. similar grant juris
dction by General scscs have appeared ridiculous
had such been inserted In his order for tbs
ment of the federal courts Much more absurd
would have appeared had the privilege been impaired
BY general order the United States 20 institute
and realize, upon execution against defaultinz public
agent debtor, whers the Cause " action nai arisen
Between the lPih OF December $780, aud the 18th OF
Nsy 1855. Hut the expedieDcy o, criminal prosecu-
ons at least fully logged 10 the discretion OF the
ft.fr@ 49,