Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1867-06-12
Chief Justice Chase. at Raleigh. NJ

Chief Justice Chase arrived in Raleigh, n
c., on Thursday last, to hold session of the
{ $ Circuit Court He was well and even
enthusiastically received by the citizens, and
at the opening of the court. the next morn
ing, large number of distinguished mem
beers Of the Bar were present Before pro
ceeding to business Chief Justice Chase made
the following remarks to practitioners
GENTLEMEN oF TIE BAR: Before proceed
ing to the regular business. think it proper
to address a few observations to Won. For
more than four wears the courts Of the Mon
were excluded from North Carolina by the
rebellion. Whcn active ho>tilitic> ceased in
1863, national military authority took the
place Of all ordinary civil jurisdiction, or
controlled its exercise all courts whether
state or national were subordinatcd to mill
tarv supremacy, and acted when they acted
az all, under such limitations and in such
eases as the commanding general under the
direction Of the President thought fit to pre-
scribe Their process might be disrcgarded.
and their judgments and DEGREES set aside by
military orders.
ndcr these circun> tanccS the Justices Of
the supreme Court allotted to the circuits,
which include the iusurgcnt states, ah>tained
:
the circuit courts Their attendance was
unnecessary. for the district Judges were fully
authorized hv law 10 hold the circuit courts
without the Justice of the superior court. and
to exercise complete jurisdiction III the trial
OF all criminal. and almost all civil cases, and
their attendance was unnecessary for another
reason The military tribunals nj that time.
and under the existing circumstances. We're
competent to the exercise OF all jurisdiction .
criminal and civil. which belongs under or
binary circumstances t. civil courts. Being
unnecessary. the Justice. thought that their
attendance would bc improper. and unbecom-
ing, they regarded it as unfit in itself and
injurious in many ways To the public inter
e-ts that the highest officers al the judicial
department Of the Government. should cXer-
else their functions under thc-upcrvisiou and
control of the executive department.
At length, however. the military control
over TIE civil tribunals. was withdrawn ~
the President The writ Of hott1> rorpt>
which had been suspended. was restored. and
the military authority in civil matters wa
abrogatcd This was effected partially BY
the proclamation Of April > and partly by
the proclamation If August both. lNG6.
These proclamatiou> rcin~tatcd the FUN au-
thority of the national courts in all matters
within their jurisdiction. and the Justices of
district intrc. II hol.iin.e thc ,ircuit ,n,,rt.
5nr;n,, He interval between tie r,~ms NJ
Wasbington. ON the o3d IF July. 1880 How
,.c,. ~, ct ~. Co.,..s reduced ,l,e ,,,,.,Io,.
~ Tho ,.ircnits md ,.t.,,..,.j ,,,,+eri,II,- H.
I;.tr;l,. ,ry,Ii.h +bo ~onTle,r .;r,.nit. ,,..,.
,,,,,,sod ,,;thon+ ,oati'. Il. ,,r,,,;,l-,,.[ ~
-, aIlGr,,,.,,+ IF H.. mi etL. So.
- - ~ - ~
aIotmcnt The insticoe or that C,,,rt have ~,
,.ir,.lit jurisdiction The cfr;..- nr H. acr
thercf,r, y.,. ~ .n.,,c,,J rh, antb.rit,-.. rthc
;rsti..es r.. INA the ,.ir.uit Counts il, t,c I'LL
tered cir,.uit.
This sus,er,sio, ,..,. removed l.,- rl...,..t IF
N,rc, ~ ilsf- ~, vb;.L o., Row, iii. .t-,o,t
,'. i,tLn~i,cd r.i.r tI,is + tl,,, ;,,.+i.as
II tbc ~,,rcn C,,lrt t,,,.. loe, ,'.,,, as.;.-,,-
cd 70 circuit duties and tb. C6icf Justice
10. loo, allo.toJ =, XIII ,,;+l, +La IL.
- ..;,l -, ''''