The Charleston daily news. (Charleston, S.C.) 1865-1873, September 03, 1867, Image 1

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VOLUME rv. HO. 463._CHARLESTON, S. C., MONDAY MORNING-, FEBRUARY" ll, 1867~ " mjrr* XITTTT* Oui' Cable Dlapati-iica. Pawn, Houtonibor 9.?The Miniatura! Poroigi alluno Iidk issued a noto to the diplomado repro ecutativus regaidifig Nettili ovontn ; dudaros Dui tlio auspicious meeting al S il/bm g should bor?, ?arded oh a fresh plcdgo for Hie mainton- M,.,. ,. tuo peace of Durone. Berlin, Hoplerubor 2?Tao oity olectinua resiti, ted id Die choice oi radical itiombcre lo tho new Parliament. wJZSSSl '1?'? ,<"",,(>?? '??Noon.?Consols !?;;. Bonds 73|. * tomo*, Septombor 9-9 I>. M.-Consols dorm t?.o cro"s! IU,"Kere4 Weather delightful for Litmipool, Septombor 2-Noon.-Cotlon quid B'-JstnlTs unchanged. Vo! . r'I,l??.ro0L' Septombor ?>.?a p. M.?Corn de clined 35s. Tallow declined 44s. Enroptaii Vein Ver Htrnruct-. ..^E?. ? .? -V'S"?1 2?Arrived, Mio Manhattan Si i t.v 1{?3,?11 fl?"' L'uropo, with dales totho -?a. Harvesting had tmiuaeuoed with favorable noatlior. rim heaviest tlmnder storm evor kuuivn dono""0 { ??",, "? Thcro "*? ,nilcu itaMage ?uTuol?uror.ni r'l'?S"o celebr?lod tho imssago of the act by a b?umtet. S?ll and Bright wrutS let tersurging Ilio League hi demand tlio ballot, spreadingSouthern Italy is violent and Sr. Thomas, August 93.?Aniurioaii products dull, supplies liberal. ? Washington Nt\>?. p1* m*31lrn,NOTON'-.i!ol>lol"Upr 2?? dispaldi from iort Hays Bays tbsl the cavases in that section do not wnut peace; will kill the Coniniiseionore if tbev can. Phey sre driving all the bulTalo toward tkoii villages on Ilio Republican River. Thov attacked o train near Fort Smith, and vvero* repulsed. Twenty Indians, one ot??cer ami four soldiore vvero killed. The- Secretary of the Treasury has ?eceived u dispatch from special ucont Boll, startup; thatonlv ? custom honao official* were on dutv.' iho Secretary ordered tho eustoin house fni?ior down tho vor. outside the cilv. -Maiimillinii has adopted as his heir voung Ilttr bh 1.0, now with his graudmotlior on tlcorcetown Ilovtjhts. T\io ohango in tho colion lax from 3 to 21c. por pun m. I, gnes into effect te-dav. Nino regular army surgeons died within Um laut thrco vcoka. Simon. Comoren favors itnpcachraont. Tho internal rovcuuo to-dav amounts to $1,500 - 000. Grant isjia ordered tho discharge sovonty-ono of the ono hundred and fort clerks of tlio l'a Department._ Prom Rlcliiuanil. Bioitmond, Septombor 2?.Tuo. Cod , a soldier A tho 11th United Statos Iufantry, cut ilia throal t'jia morning nt Headquarters." Ho was from Newark, N. J. Tho applications for baukruptoy iu Virginia dur ing tho lost week have oxcocded tho total number aiucc tho Bankrupt Law was passed. From Cincinnati. Cincinnati, Heptomber 2_Jones is comfort sVlo; attributes bis dofeal to fracturo of tbc xibo, which occurred at the 29th round. Tim in juries about tho hoad aro noi serious. York New*. New Your, Soptombor 2.?Arrived, tho nenry Chauncy from Aapinwall. Shu bringe $1,103,001). Loans decreased $2,820,000 ; Specie iucroascd $1,243,000 ; circulation decreaeod $21,000; doposits increased $2,143,000 ; legal tenders incrensod $2, .972,000. ft'rvr Orleans ffevva. Nkw Orleans, Septcmbor 2.?There word thirly interments from Yellow Fovcr hero yeslerdav. Among thorn Tom King, tho pugilist, and Lieut. - McCormick, of tho iron clad Malaska. Tho official order relieving Sheridan was received this morning at Headquarters. Uencral Orinili has been telegraphed for, and upan his arrival General Sheridan will tako his dopartnrc, Colonels Fora t he Mooro and Sheridan accompanying him. From sondi America. ..Panaria, August 23.? rorolution lo rcstoto JfaX ??uoiv has been discovered and tho leaders ur reskOd. TttO choloYft is dying out at Nicaragua, but is Uli rv, tin;.; in ? .mi e districts. The Koruvian O.ongrcss will allow Spaniards to romain itt tho . , the approhonsion oi the ro tura of a* Spanish 3?.?* Vo1"? ?"""? ?????? Tho woih. ui? t?v batt?tes UN? beou suspeudod. Thero had beou a fur.'.ius utomi uS Valparaiso, in which the shipping anil' dwellings wore 4.aui aged. Ono bark was irrcckcu and ten lives wcrs lost. Mosquera will he tried for treason. Domestic Markets. noon niBPATcn. New Yuue, September 2.?Stocks strong. Money 4a5 por "ont, Gold 14|. Storling OAaOi. '62 coupons 11 lj : Virginia ti's cx-coitpoiiR 50|. even I no DISPATCH. Stocks heavy. Oold 41|. Sterling iijaOL fJ3 oupone 114]. , Cotton eteady and unchanged; sales 80O bales at 27a. Flour quiet;Southern $llal:l. Wheat dull and favt r" buyers. Corn quiet; mixud Western $1 ICa $11 '? Oata heavy and declined 2a3e.; .Southern 65a7b c. Fork heavy at 23Je?. Lard heavy. Whis kev ? 'tive at 40o., in bond. Sugar firm and in good deinat'd: "Porto Bico 12c; Muscovado $11 50al3 60. Rico" d Coffoo Quiet. Turpentino steady, 58a Saje Rosin steady. Froigh'.s dnll. Bat/ '.1'iiOBE, September 2.?Cotton quiet and nnmin? t? Middlings 2(1. ColVeo dull and unchang ed Flo V duU- Wne;l1 "r",cr; Ordinary- to Fair. ?o~o on" \ od to Prime, ?2 4Sa2 55; Inferior Red soldat'?l' '?>? t-'o?lllrm; White, $1 lOal 13; Yol low $1 18 ' Ok '8?largo Males o! fair to dioico, 58? 65c' Rio' ^ ?aah-' Hccoipts fair. Sngar steady and ? ' p. xivisv"'1"8 stoai,-v- Moas Pork $2150. Lard-^itv 13 VVes Or" 13i- Whiskey-no sales. 8r, \ >eptomb:ro2.Lsnpe.?ne dour $7.00. Cora LOOai.ia. Mees ?<>rk ?i?- Shoulders 134 1^1^1 ^0 2.- -F^rir-neban^nd in moderato domi , Cora ^,? ???:, "fio ?" Whiskey steady. aleas Port Ja? dom.^? \* * 9.S-.25, but littlo o? iirod below ?"23.50. . ???on nel?? .Shonldorel3. Cli ?ar sides I04. Lara .' ? WttatiKaroN, S eptomber 2.? Turpoti."?0 qniel at 62a62 . Rosin . Ittl?t at $2 85a? SO. Mobile, Scpton. ilier 2.--Cotton nominal; eaios 100 bales. Low 1 tid.lUngs 22J els. Heceiplif 10.? bales. ? New Obleanb, Kuguvt 2.?Suloa of Cotton 300 bales. Low Midi llings 24Ja25c. Receipts 2S8 bales. Sugar and klolaeso.v quiot and unohangod. Flour dull. 8 > rflno $8 75; dioico $11 50al2 50. Corn dull; suppl r lieht. White fl 23; yellow $1 274. Oats awl at 70c. Pork in good demand at $20 50. Baevx.i wild as fast ae rccoivod. Should ers 18Jc.; clear -sides 17<il8c; fow 01; 110 ribbed sides in markijl. Laro' in request?in tiorcoe 13| .; in kege 15e. On Id ckmod at 40Ja-lOj ; sterling 153a 155; Now York sight exchange J per cont. pre mium. 8a a a . Soptamboi- 2.?Cotton quiot; Mid u lings hold nl 25c, offered 2-i?c. No sales. Rc cov'pts 27 baiali. Recoipls of U10 year 217,652. Ex not Is of tho voar 217,011. Slock 511. llocoipts of Sen .Tsland 15,337- Eriiorte 15,115. Stock 122. \Vo. ?thor hot and cloudv. 1 Acut ""?ta, Se/ptomber 2.?Market dull, balee 41 balea. Middli nga 23}a24?. Weathv , '? asnnt and clear. State Items. Rain, < ?R01 s, &o_For tho past feiv dove wo havo beo ? vi?itod with occasional abowcrs ofrain, bnt not o oou??1! to injuro tho growth of the crops. And while 1 wo t oad or heavy rains in different parts of tl ?0 cou. itrv, and the damage dono to tho crops, it i t gralif.viiig to us to stato that the inju ry to the lorn and' cotton crop in thie Distriot ia vory sligb ,t. Wo ti*ust that the injury to tho oiops througho nt tho cottntry aro not 00 serious as won at first nt iticipatod. Tho com and cotton crop in tho uplan /la of this section of the Pee Deo conutry is doing 1 vimarkabry woll, and Iho fanners have ovory Tea ton to bo encouraged. \\ o lenni thai the river has risen three or four feet at Society Hill Fernr in oonaenueivco of Iho lato raina in dir. up-conntr y. Tho river is not; in excellent ordei for navigt itinn.?f?ennellsvil?e Jownnl. Abbest; OB' an Lmishmiy.? A colored man, call ing himB?lf Rev. Not. Williams, has been arrested by tho toK'itary authorities for proaohliiB incen. diarv doetrKTe* 10 tll? 110611 pooplu of this District Ho wab carria u 10 Hcadquartors at Darlington Itisi WednosdoA' b> a dotachiiiont of eoldiors sont hmt forthat pu'rp?Ha ? w,lcro ho wi" bo ,.rtoa t,M MUitary Court.?'t Journal. Re?istbatton nf?.T?inN?v-'f.h0 foUowing oro tin rogistralioii relurus . for Marlhorough Dialnct fo the threo first dayH : ??^.? * WnfTES. BennetUvillo. . Adamavilto. i?J Breton's Fork.??? }\f Granfa Mill.'.. ?? \fi Clio. ? Red Hill. 7,. Brownsville. 71 Total.7 \ .? . cdoi Ae will be seen by tho foregoing 1 * bk ??_ ,? coJ?i ed people have 337 majority in tho Disu '"-n": white citizens havo not regtitorcd as prov, ? . they ehonld havo dono. Tlicy sbfiuld do . BU once?Bcnnclisoihc Journal. The Oar Wobks.?Wo sro Iroly glad lo lea. " tuot thoro is everv probability that in a fow weolo the Qaa Works will again be in successful opora tlon. Negotiations in rcferonco ealo thereo havo been ponding Tor several days .and wo holiovt they are now completed, by wluoli thceo works fal into tho handa of two euorgeiic ritizona, who wi! eoon "lot their light shine" fm thn benofit of tin commttnity.?(/rvendue Mounttuneei: Hoiuctde.?On Wotlncsday last, a difficulty oc cut od on theplatitalion of Col. ltobcrt Boaty o this District, botv oon John Lowo and Prlnco Hoy wood, froodmen in which tho latter was etebbc and InatanUy killod. Lowo was a rrested and com nutted to jail.? Untonvitle Times. The official cansas of 186G ftlvcu a total < 110 120 Torelgn r?sidante in Paria, which la doubt, considerably undor tho ina rk. Of tho var oua national i tien the most important aro tho Ooi mane, Belgians, and Swias: tho two former < which probably oxcco.l 35,000, tho lattor being ui >anl of 80,000. AND THE ! UNITED STATES COURTS. LETTEK FKOM JOHN M. llIf\cKI.aS V, ACTIS? ATT?RSEV-?i?REKAl,, TU l ul?NlllKVi .TOlIrVSON. ATTOHNEY-GCNXHAl/s OrricE, / ? _ August 24, 18G7. ? Air. President:?Circumataucce havo dovolvotl upon tuo tho duty or lay lug beforo your Excollon py, without delay, a juattorarising within tito prov ince or tliia Department which appoam to the un dersigned to bo or great gravity and of imminent urgency. ? ficrowith I respectfully submit documente mark ed from A inclusively to O, in which tho following administrativo difficulty develops iteolf for solutiou by thn Supremo .Magistracy of Ilio Republic:. state iient OF the matter. At Ilio regular staled tenu of Ilio Circuit Court of tho Uuitcd States for tho District of North Carolins, bugun and hold ot ltaleigh on tbo llrat Monday in Juno last, Chief Justice Chaso iirosid , among other civil actions which paasod to judgment woro two in which parties named David mid Daniol Kohiiwollor woro defondauts of record, os I am informed. I have no particulars respect ing said suits boyoud tho essential fact that in duo course, after Judgment against tho d?fendants, tho proper wrilH of exocution woro rogtilarly ia Kucd and piacod in tho hands of tho Marshal, Daniel It. Goodloo, Esq., Tor tho purpose of halving them sorved against tho property of the dofond sots. Tho Marshal charirod his responsible depu ty, Mr. NclT, with that duty, who, beforo oxocut ing tho procose, was expressiv forbidden so to do, in a writing to that oftoct, by It. T. Frauk, bu offl cer or thn army, having command of (ho United Slates eoldiory stationed at tho military post at \\ llinington. Upon information of tho action of tho command ant of said post, tho marshal, who wan at Ttaloigh addressed a rospoctful letter to tho suponor officer or tho former, Major-Gonoral Sickles, in which tho marshal of tho United States for that judicial dis trict brought to tho knowledge of tho commanding officer of that reconstruction district tho fact that tho process or tbo Foderai Courts was obstructed by one of his own subordinato office . Marsbal Ooodloo does not nppoar, from Hi in com munication, to have addressed himself to- Q m?o ral HicklOB in tho manner of u ministerial officer of jus tice on tho occasion of riotous or othorwiso for midable rosistanco to civil process, demanding of an officer o? tho army tho necessary militan- sup port, as, it Booms, might have hoc done with per fect consistency, and with unqWestlonalilo obliga tion upon tho officer to respond, whether tho of fenders were or were not troops of tho Uni ted Hintes under his command ; but Mr. Goodlce appears to havo anticipated with confi donco tbo prompt interposition of donerai Siokles for tho vindication of tho law, as tho supremo ob Joct or his allegiance. Ho also reported his action to this office, with copies of tho eororal papers. Upon rocoipt of those a reply was mado to tho Marshal, to tho effect that no further action would bo had here in tho absenco of information from Ocnoral Sickles. It waa ooondontly boliovcd in this office that tho obstruction would bo promptly removed by command of Gouural Sickles, or that ir ho thought fit to hesitate In that duty, ho would not knowingly ou Our his authority to fall into col lision with that of the national judiciary without first communicatiug with tho seat ot Government. Undor dalo of tho 8th instant, howovor, soriio ton" or cloven days after tho obstruction of procose bo gan, tho Marshal reported that ho had recoived uo responso lo his communication to Gonaral Sickles referred to, aud had seen it announced as a fact in tho newspapora that tho action of Colonol Frani: had boon formally confirmed by Gonoral Sicklus. Hereupon, it was doomed unbecoming for this branch of tuo publie service to appoar longer iu sensiblc, in any degree, to tho paramount dignity of .tho civil authority, and, accordingly, such in structions woro communicated to tho Marshal, under dato of the 13th instant, as should comport with tho statutes in forco for the protection of tho judicial power of the government. Ho was further insinuici! Ihat, in tho opinion of this office, tbo . military authority imparted by tho -statutes in forco for tho reconstruction of the Southern Stales did not cxtoad in any respect to tho Courts of the United States. Tho sarao had boon said, in ne.ixlv tho samo words, by tho Chief Justico of tho United Statos, on the solemn occasion of his opening tho court, whoso authority is thus c?ntomnod. Undor dato of tho 20th insinui, a report was recoived from Marshal GooiUdo, in whieiihe enclosed copv of tho following communication, addressed to his deputy : Headq'rs or WlLMXNOTON, N. C, I Air. .1. il. titfi, Deputy VnMV'?Meia'}Sar3hat. , , -V. Cl Sut : My action iu suspending, until furlhor or ders, ths oxoontion of certain decrees of the Unitod States Courts in North Carolina, attempted to he enforcen >n violation of General Ordor No. 10, our lent s?ries i""?m tho Headquarters Second Mili tan- District, ha>i'?B been approved by tho Mojor Gebcral commanding", 1 ,not ""?}. ???"? \ recoivo farther ordore, tbri Judgment or docrco of any Court to bo onforcod in tiC.'ation or oxiBt.ng ,'irdors, and shall use tho necessary forco to pr? vint it. Ycrv respectfully, vour ohd't scrv't, IU T. FRANK, llrorot Liout. Col. and Captain 8th Infantry, Com manding Post. Tin> Marshal adds (hat, in obodiunco to his in structions tho 18th instant, from this oflhio, ho will report tho cade to tho District Attorney rol lile action m k tho criminal laws of the United States, which ho says, iu all that can be dono In tho presence or an ovorpoworing military force, until tho Government interposes. By this time it is presumed that tho proper District Altor-noy hae received dnu information of tho offenuo. As yet no express instructions baro been issued to tbot officer in tho premiers. Ho is, of course, ex pected, ond will be rcquirod to act with whatever resolution tho occasion may call for. In tho latest report rocoived from tho marshal, which be aro tbo date of tbo last montionod; bo announces that tho lettor which, in tho first in stance, he addressed to Major-Gonoral Sicktes, and to which ho has receivod no roply, ha%bcon returned to him through tha poet commandant at Wilmington. He montions an endorsement there on of several Inquiries addressed, as bo U under stood to say, to him, dated at Charleston,.August 12- but he does not stato whothcr or not any signo, lure was subjoined to thom. Ho furnishes no full transcript oj' these endorsements, but reports a copy of hU own, madd in responso to those re tened to, on the same tetter. Vx bi? endorsement, tho marshal rooitea, apparently, brune of tho for mer ; '-Whoro and when tho eovoraa ornees of action accrued : whether the aetipps werd fat jtebt or fftlicr causes; whon tho suits were begun; when judgments woro given, and when final pro cess was issued," otc. If tboobjoctof those ln texrogojtoriea was to elicit data upon which Gono ral Sickles conld dotormine whother or not tho nrocaedinga were regular and valid which had heoa conducted to Judgmonb according to law, un der the presidency of tbo Chief Justico of tho United Statoa, I must say, that it would bo diffi cult to imagine a, more proposterous affront to tho Bench of Justice, legally considered, thon to thus attempt to constrain, or to invito, tho ministerial ofilcorof ilio court to ini|tyro into tho vaBdily or its process in hie hands. Tho marshal, with duo propriety, docuned to cngago in the investigation. Fiuallv by a communication of the 22d instant, a copy oir'wMch ia herewith annexed, the approval of the Law Department is communicated lo Mar shal Goodloo, with toetructione substantially to tho offect tbot be ehall continuo tooxecuto procesa in conformity to tho authority of Hie Court; that ho is not bound to oxposo his poraon I/o manifest peril; that whon menooed by forco, oa m tbo pres ent instance, bo shall report the particulare and names of all offenders, with thoir aiders and abot tors, to tho District Attorney, as bo has dono in tho proecnt case; that be is required to deport LimBolf as inoffensively ri? possible, but t-hat lis Is notiutliorized to compromise UiO dignity pf Jbo Court jvhoao servant he is, by d?sootiding to ne ?otiatiwliit any person, however respectable, for the privilogo { exocuting ite sath^t.io process, or ofobeying the* ?*?; end that tho whole dlffl . ealty hi to ho promptig eubmitted to tho Exocutiyp. Tkue the matter stands. ., , AlUiough it doos not, in tho jiumble opinion of , tho undersigned, qualify, in any dogroo, upon cs , tabliehod and unquestionable principios of Jegal ! obligation, the relation which General SioklcH and his subordinato offlcara and Boldiers boar to tho violated lawa which are in force for" tho punlsh ' mont of porsons who obstruct the administration 1 of Justico In tho Courts of tuo United Btotee, yet " it may bo Just to montion here, that tho rcmarka ? bio action o? that diutiuguiahod officer appears to 1 havo beon prompted by tho rool persuasion tUat 1 an order issued by himself in April laat, of which, ' from au officiai copy, I quote ontlro tho paragraph that touch?e this question, ! ? of such uncommon ) dignity that it is his duty to enforco It, in ita r largest construction, in deflanco of tho Constitu tion and Btatntce at Largo. Tho following is the "Judgments or dooroes for tho paymont of monoy on causes of action arieing between tho 19th of December, 18G0, and tho 16th of May, 18G6, shall not bo enforced against the property or per son of tho defendant. Proceedings in suoli canaca of action now ponding, shall do stayed ; ond no anit or procosa shall bo hereafter instituted ot -commenced for any such causes of action." ja. This order doea not oxprosely except suits irTor r- procese of tho courte of tbo United States. Ger ir tainly soeb an exception must bare appeared ni quite unnecessary. In caso of controversies bo lt tweon citizens of difforent States, for example, the judicial power of tho United States is vcatud, an .n torior to all lawn of Congress, by oxprcss provi " si?n or tho Constitution. A eltnil at grant of j uri.? diction by General HiiUoa moat have appoarot ridiculous, had such been inserted in bis order f J. 9 tho enfranchisement of the Fcdoral Courts > ih more absurd would It have appeared bat I 7, Hylic go beon imparted by genoral order U I |"? P. niicd Slates to instituto suit and realizo s ? "?cuticm against a defaulting pnollo agon upon r?. whore tbo cause of action had arlsei j or a debtv ? Jgj f Decombor 1??0( ??i tho 15tl f a? eiea? But tho cxpodlonoy of criminal proae - ?? 18 Vast as folly lodgod in tbo discreUoi cationi ? * MJ* * tlu) reconotruction distriot a - ^eA^?^S^?t^m I? it tobo understood tha tbatofcoUeoung; uo of tlio PonUbmont of fo\4 ^ Bu ? ? currency, robberi> ? *^ ^, of the national court if Jbruugh the hrstrumontaTBO tribunate iU o in tho ^S?SSStMuSPSa th/forbe?ranoo o i- riving thoir JeWBaUgUfroggwp^ r- Exocutivo ?.gente ? lTier > ooona. ^ECyjJvj 3r hllltythattEo ordor So p- ueurpation ao groas, and ?o perilotu. to miW nomeof ?loyalofficer. Oonld It ba?* been ac . ?f? 1 f$T*\$i ' . , : - . ? ?' ' ti ? ' ??<.??.?? ' t . ' ?., , .? I ilcipatod thai upnn r, loose implication from ai onlorpromulr?atod by a militaty officor, charged . within a circumscribed lovalt)-, with aiiomsloru j civil diu ios undor a prorislooal ? systom of rostora ' livo IoKielstioii, tho Judioial eslsblishmont of tin Ilepubliu was Ut conceive itsolf uuslod of jurisdic tion, stripped ol authority, and dograded to sub aervicncy I Was it oxpoctod that tho Judges in SS?SSWWt?' euci1 ?n implication, would mi. lUUuuUjr turn their backs upon petitioners foi jiistico? Itaooma not. construction wliieli applies tlio ordor iu queslion to tho courts of tut Union, is oyidontly an eitor-tliouglit. Tho orde' is dated lltb April. On tbo Cth of Ju .o tlio Chi I Justico opcuod tlio court iu Italoigh. Tba* he publicly announced, iu Hubetauce, for tbc ?nf<vcia (ion or all parties concerned, on tho occasion ol seating liimsolf on tlio bonch, that it wss incom pntiblo with .tho authority ox' tbo national Judiciary to eit where a mUitary authority existed whicti could mipodo its process, aud tbat it was sololy iu coneequonco of tho fact tbat no such military authority then existed that bo felt wUling to hold that Court, was rondorcd notorious by goneral publication in tho newspapors al tho timo, Tho order expressly forbids tbo inalitutlon or prosocu I on of certain auits. The Court wss held aftor the solomn publication to tho bar and tbo pooplo roferred lo, nnd tbo suits iu question horolti were prosecuted, nil in open contonirit of tho ordor and of nil other ordere tomling to binder tho constitu tional iudopendenco of tho judiciary. Yol, until after the departure of tho presiding J umico from tbo locality, no steps, as far as I havo information, were takou to euforco this order in tho promisee. Willi tho validity of tho ordor, as operating upou tho judicatures or tho 8tatca whoso rcsuscitatiou has been confided to tlio management of Major Oenoral Sioklos, ami. especially with tbo expedien cy of it, tbo prceent mailer is not in tho least con cerned. I respectfully submit that tbo caso in ono of those which lio within tho purview of tho atatntuH in f.vco lor Ibo punishment of persona who ob eri hut process of tbo Unitod States, and IB simply tho caso of a high misdemeanor, legallv contem plated. But in viow of the respeclability.of tho principnl offender, and the corresponding danger to Ilio higbor dignity ol tho law, I understand that it is deemed noccssary, in thus laying boforo vour Excollonoy the facie and documents, to annex to tho forogoing statement some citations and mil re lions, which appear to tho undersigned to be?l tlio grave occasion of nn incipient attack bv anus upon tbo Doparini?-} , * Justice. THE SOOTItlHt. OP O mi, SUPBEtlAOV. It Is respectfully nuggested on a principio, upon which diijorouco of opinion cannot lie anticipated in this country, tbat tboro is no rightful nut limit v hero which is not derived from tue Constitution aud laws of tho United Stales. It would acorn to bo highly ?nportinoit to at tempt lo establish that proposition, and almost as impertinent lo arguo tuia necessary result, vir.: that ell military authority must bo immediately or directly import rt by, and consequently dopotidunt upou, tho civil authority. Aetiou, bv military por ao?s, therefore, whioh ie outside of this principio, must bo unlawful, ond if doue with Intout lo ro- 1 eist that principle, as embodied iu tho Consti tution and statutes, such action, If overt and with arms, is troaeon against tho United States. Military powor is but a form in which tbo civil, which is tbo only authority, mauifests itsolf in action. conflict, therefore, bo tweou tbo civil and the militan- authority of tho fumo eovoroignty, is logically im possible, unless through tho fault of publia agents, either civil or military. Tho laws of a country must, and tho ministors of those lews may, bo iu harmony; but thoy may not; and thia from inno cent or from culpablo motives. Tbeso principles aro of tho utmost import anco to public ordor, aud have bocn so recognized by politioiana of every school, and partisans of every faction of noto, from tbo foundation of tho Republic. Surely, no politi cal party will repudiate, as none can cxcluaivolv claim, these essential conservativo principios. N? 1 candid person would bceitato to accept their e ?b st ance as indisponila bio; and we may thus eliminate at tho outset roost of tbo extraneous matters tend ing to complicato the unfortunate collision which has occurred, and may be warranted, I think, in enquiring whotbor it ie anything in law but a mis demeanor, in violation of tho laws in forco for tho furtherance- of the judicial power ? but the high rank of tho principal offender, as before euggostod. and the salutary publie objects to which his exorbitant action would probably be ascribed, no less than the great magnitude of' the powci with wbicb ho could support lift orror, should bo feel justified in such a coureo, aro cir cumstances whioh give the occasion an extraordi nary character,.and Inspire the undersigned with that eenso, hath of its delicacy and importance, which demande tbo introduction here of tho prin ciples of the subject, as pronounced bv standard authorities. rOWEB AND BPBxnE OF THE JODlCTAlt.v-,,,^ ?, Chancellor lient eayeit* !f"J " origin aud titlo, equal with tbo other powers of Government, and is as exclusively vested iu tho Courts created by or iu pursuance of the Constitution, as Ilio legislativo power is vested in Congress, or the Kxeciitivo power in tho President." (1 Comm., 290, 291.1 Tbo Federalist, No. 78, is an elaborato and lu minous exposition of tho central idea that "Ilm completo independence of tho courts of justice m peculiarly esscutisl in a limited constitution." Mr. Justice Story save : "Tho importance of tho ostalilishmont of a, Judicial denari ment in tho Na tional Oovornmont baa already been incidentally discussed. Tlio want of it consti t ut ed one of the vital defocts of tho Confederation. And cvery Govcnimeut must, in its essence, be unsafe and unfit fur a free people whom auch a department does not exist, with powers coextensive with the legislativo depart ment. Whore thore is no judicial department to interpiot, pronounco, and oxocuto tho law?lo decido controversies, aud lo enforce rights?the Ooverumont must either perieli by its own imbecility, or the other departments of Gov ernment must usurp powere Tor tho purpose of commanding obodionco to the destruction of liberty." ? (3 Story Const., ?1. o74. ._,,?, , The samo authority says, speaking of the judicial department : "To tho people at large such an insti tution is peculiarly valuable, ana it ought to bo eminently cherished by thorn. On ite firm and in dependent structure they may reposo with safety, -ahilo they poroeivo in it a faculty which is only eet in motion whon applied to, but Which, whon thus brought into action, must proceed with com petent power, if required to correct tho error or Bubtluo tho oppression of tbo other branohos of Government," (Ibid, ?1 676.) And further: "The fremere of the Constitution, having these greet principles in viow, adopted two fundamental rules vrith entire unanimity : first, that a national judiciary ought to bo established; Bocondly, that the national judiciary ought to pos sess powors coextensive with tho legislative de partment." (Ibid, ?}-, 6770 Tho convention which framed the Constitution voted unanimously for the porpotual and invinci ble independence of tbo judioial department, '{?otu-Rsl of tho Convention, Ed. 1808, pp. 100, 0 a Supremo ijoSfs Of tho Unitod States says : ' ? Tho object of tho Couetjtutlon was to establish threo great dopartmonte of o?vernmont ? tho legislativo, tho executive, and thof Juu.oia! de partments. Tho first >ve? to pass b cond to approvo and execute & . and Ihd third to expound and enforce them. (Martin nr. Hun tor, J. Whoaton 839.) ;?.?; . Authority on tbie point is so umform, that tbo abovo may conclusively establish the sanctity, the < dignity, and tbo authority of tho national dopart mont of Justice, ftoefdeut W*Abiogton "con aiderjd tho judiciary tho ,chlef pillar upon which our National Government roust rest, and imme diately upon the organization of tho Supremo Court, addressed to tho Justices a roapeclful lettor, having previously addroasod ?aoh ouo separately, in which he oxpreeeed bla eohee of the voluo o? their independence of operation, and oollcitod tboir instruction. (See vol. 10. Sparks' Writings of Washington, pp. 35,80). I could uot with greater humility conclude tbie p?rti?ular topic, with my own general impressions concernine it, than by ottering them in tho unimpeachable ?opnsol of Judge'i*;ory: ' "Nothing," nave that great minister of justice, is moro facile in rep?blica than for demagogues, under art tul pretonces, to fiif up combinations against tho regular exorcise of authority. Their eolnsh purposes are too often interrupted by tho flnunorie end independence of upright mogiatraUj, not to T?fMe * 3 at all times hostile to a power which robulos, and an Impartiality which con demns them. Th?* iodiglary, w tho weakest point in tbo Constitution on ?hieb to rueko on attack, is. therefore, constantly that to which thoy direct thoir nesfiults; and a triumph hero, i'ded bV any momentary onconrsgoniopt, achiovoe a lasting' yltr tory over the Oocetltution ?taslf, Honce, jn re publics, iJioso who aro to profit pjr publie commo tions, or the prevalence of faction, aro always 1'ie onomios of a regular ond independent administra tion of Justice. Thoy ?fcjrcad all sorts of delusions in order lo mieloid tlio publie mind ond oxcito tho public prejudicios. Thoy know full well ?.hat with out tho sili of 'the pooplo tnclr sobornos runs?, provo aborl?f??! and thoy; Ihorefore. omploy ovcry art to undermine . ?0 , uubjio confldonco and to make tho psoplo Um .. ?tr?menla of subverting thoir own rights and llborilse.'' (? ?Korr Cons!., l\Vo inuat. Ibon, as'wo eoo, recognize tbo Jndlei ary oa tho third, part of tho Government; and lot us now inquire what is tho sphere of lie authority? Thla ia, tho ?amo as tho question, in what branch of the public business la tbo judiciary the suprema power of tho nation ? - Tho Constitution urdains: . "Tho judioial power of tho United States shell bo vested in ono supremo court and in such Inferi or courte es tho Congress may from timo to timo ordain and eatabbeb." (Art. m. Sii) "The Judicial power shall extend to all cases In law end equity arising under this Constitution the k.ve of the United States, end troatiee made or which shall be made, under their authority: U aU caeca a/footing ambassadors, other pabilo .min isteni and' consolo: to OU cosos o?: admiralty am 1 I mar?timo jurisdiction: lo controversies to wbicl tbo United Atales shall be a party; to controversici botwoon two or more States; bolwoon a State am citlzona cat another State; b?t weon citixena nf dif forent Slates- between citizens of the same Stati claiming lands under grants of different States and between a Stato, or citizen, thoreof, uud for olgn Slates, citizens or subjects." (Ibid, ?3.) Wo seo bore tbat whenever, within tho torritor of tb Unitod Slates, IreoapocUvoly of peraona o of oirtminatances, e> matter of controversy arise which Is distinctly cornprohendod undor any on t I of the clauses abovo quoted from tho Constitution 1 I add which is in stich a, posture M to ba susccpli bio of judicial action, it must go without adjuJ cation, or o!ao It tonnt bo adJttdio*t44 by tbo court of the Ucttod flute?;,,, Tbm provision being; - anlo. 11 is not in the power even of tbo Nation) I?K?sUtare. if QM body corj]d bo STippoeod to Lavo madn the attempt,, to . refer tbo edludio ti^ri of eny ofae of euch caso*, ligainst iiyj of thu parties, or in dorogaP.on of the { paasoi tho, juhciary, tolti* executive power, or to any power or ebener whatsoever. For example, a con troversy arising upon a contract between citizens or different States. Under this organic provision. r?T-R-lSLteT? 1 ?W** to put tho FouVraljudi ciary in motion for the Kcltloment of their dispute. S??\Si??S,m" lJlat;tuis right cannot he im pa rud without an noioudmonl n? tho Constitution. . ' Ju>"oHat Powor Of thu United State?" is a unit. In tho Constitution it is moutlimod in Ihn singular numhor; and thu reasoning of tho Su premo Lourt in tho cas? of Martin c.t. Hunter, is to too ofloot that no much o? It as tho Constitution oft Congroes to vest in inferior courte whs incapa ble of segregation, and consequently vested as a wholo in Iho judioinl ostabUshmont. (1 YVheaton, 830). As a power, thou, it is to bo concohod o? u<* omniproeent within its couetitutioual splioro, and consequently, with respect to tho dignitv of lawful Judicial procose, Iho source of tho samo is not of tho loast nignillcance, and the laws forbidding ob struction of it, make, accordinglv, no distinction. The contumaoy, theriiforo, which would bo moro vulgar if offered to a writ hold in the hand of tho Chief Jueticu of the Supremo Court, would, in rc spoct to the consolidated judioial power and dig nity bo of the samo legal qualitv as iftho like writ was deapised in tho namls {ho humblest ser vant of a court of the lowest grado iu tho system. Ibis much as to the paramount authority o? tho Judiciary m all matters to which their power is ex tended by tho Constitution, acting through tho courts and ofticors, who uro the organs of the po ver. To resist that powor nnywhore, and in any matter, within its constitutional sphere, is to resist the wholo or it, and to aspire to au issue with tho Judicial Dorpartmont of the Oovcniniont. It might occur to some minds that if this power over tho subject ru -ttore confided to it bv the organic law bo eupi oino ovor tho Legislature ami tho Executive, and, of course, ovor tho military branch of .ho Kxeoutlvo, it might, in nnv given caso, be misapplied by tho error or the crime or tho judge. Hut tilts. liko ovcry otlmr evil with which wo may lawtully cope, without, in o.-eonl aneq.nitli its provisions, unwinding tho Constitu tioh, has been ontioipntod and provided against in that inBtr.imcnt. For misconduct, impeach ment is provided ; mid for error the right , and all ntcosuary facilities for appeal to another court. The Supreme Court, it is truo, cannot bo super vised; but it has no original jurisdiction, with two exceptions only. Such is the character of thu Judicial powor,* aa tho only and last resort for tho sottlemont ut a class of eases and contro versies enumerated io*.hoConstitution. (1 Cranell, 177, 178.) Hut tho action of tho judiciary woidd be wholly ineffectual, and tho |s>w?r would not be co-ordi nnto, unlcsa tho result, in a proper case, was con clusivo and binding upon tho other brunches of tho Government and tho cut ir people of tho coun try; for nil tho proceedings of a court aro cou ducted for tho sake of tbo result, which is tho ?nal process. A contrat, then, over the flnal pro cess is a control ovor tbo whole proceeding. But a control over tbo wholo proceeding is a control over tho court, tho judges, and tho parties. This would not bo oontroling, but abolishing tho court, vfholher ho who nbobshed It did or did not con tinuo to employ Its jodgoi and methods of busi uoBB for the administration of his will. That ho did so In ono cose is the samo in effect as. if ho had done so in all cases, for if he did it by permission of tho court, it was tho court, and not be, that exerted tbo powor; if ho did it without permission, and beexuso, in bis opinion it was right for him t o do no in that case, bo may do so in any othor case in which ho forms s simi lar opinion ; and aa it cannot bo foreseen what opinion a man may forra, it cannot bo foreseen in what case ho may think ho ought to interfere; and if any caso is liable to interference, no case is cer tain of reaching a Judicial result, and, under such circumstances, Micro can'bo no logal adjudication, and, consequently, uo court. This shows the real necessity o?a judicial authority which is socurelv rortiflod against all possible interference while the state of society admits of judicial sessions. 8uch being tho nature or tho Judicial function, and tho powers in tho Fcdoral Government, it is obvious that the territorial Holds of its operatiou is co-extensivo with tho national doni a in, which, with respect to tho judicial power considered as a unit, is a single territory, subject to bo dividod into places of jurisdiction aa may he most con venient for the purpose or administering justice. But with respect to the'eubject matter of judicial cognizance it is far otherwise.. A largo proportion of them pr?suppos?e, hi their oxistenec, organic geographical divisions, as iuto States, inchoato tates, and the seat of. the General Government the District of Columbia. Theso aro political divisions. Judicial divisions exist, but thoy are altogether independent of tbem. These are adapted aolely to the presumed expedi ency administering tho Judicial power, sud may bo alterod from timo to time bv Con gress. They may aud usually do coincide in arano^?y*^gttt\f^tUM iu? other divisious of cotnoldcnt with stich. "'Kil,?i. -.- - diction. Circuits are componed usually of ricreisi entire States, and districts aro sometimes com posed of parts only of diff?rent States. This does not affect Iho causes of action ovor which the judi ciary bball exercise oxclusivo control, for they re main thu same sa if each State of tho Uuion was a district, and only districts wore established, and no circuits. Who'ti a cause of action, or a criminal infraction of a law of the Uniteti States, arises for tho action of tho Federal Judiciary, the I'ognizsncn of tho latter is forthcoming, and Uie only question is, in which district or circuit shall it be taken. Tho common territory of the nation is also sub divided for other purposes, ae for Iho pnrpose or collecting taxes, duties, Ae., by net or Congress, directly or through executive agents, empowered so to do, by Congress. Such divisions, liko tho judicial provinces ref/orrod to, are subject to change at the pleasure of Congress. The reconstruction Military Districts in the South are examplos of districting for specific aud tempo ran- purposes. But hore arises a moet important distinction be tween Judicial geographical divisions and those or anv ptner kind which have ever been created by Congrone. Until tbo 21th September. 1789, (1 Stat. 73, ot acq.,1 tho Judicial powor or tho United States wia not all vested. Upon the passsge of the celebrated act of Congress of that date, organizing the inferior courts of tho Unitod States, tho whole judicial power, not directly vested in tho Supremo Court by the constitution, vested in tho courta so created. This proposition having been laid down after solemn argument by the greatest or our judge3, and never since dis puted, must bo accopted as unquestionable. It follows from this that the powor of tho Legisla ture cannot go beyond modifying and changing from timo to timo, os in their wisdom may seem expedient, the organization of tbo courts and tho divisions of the country into judicial provinces. But having onco vested tho jndicial power, which, ae we are instructed, Congress was bound to do, that body cannot have the power to vacate a judi cial tract. But it is otherwise with tho districting for rovonue or other purposes. Tho constitution has' nut, inhibited their total-abolition at tho plea sure of Congress. But there Is another reason why Congress could not abolish tho Judioial dis tricts of ^ho United States, though thoy may, and frequently do, chango their boundaries. Tho con stitution provides : "In all criminal prosecutions, tho accused ehall enjoy tho right to a speedy ted publio trial, by an impartial Jury of the Stato and district wherein the crimo elioll havo been committed, winch district ahall havo been proviousiy ascertained )iy law," (Amendment Constitution, Axt?elo'VI.)* A powor to abolish all ludi?la! dlstricto would, tho'roforc, to a power to abolish all oriminal Jurisdiction of tho Unitod States, which would do to at the law-making powor itsolf. Tho Judicial provinces of tbo nation are, thou "somotaing moro than revenue provinces, or reconstruction provincoe?oraptoying tho latter term tor closruosa of distinction. Though sub ject to thomodlnoiJion of their boundaries, as may bo expedient, tho terr tetri embraced in them cannot bo either oxon'eratod from' l ha pbworor, nor deprived of tbo right to. tho national machin ery orj?atlce; except, indeed, when violence pro veuts tho cpwotion of that machinery, but then only whilo tho hitermption continu?e to provont the regular judicial sittings. A violence cannot, of course, como from tho legislature itaulf; lotst of sil, tfjyongh a mero construction of its acts, pass ed with objects extromelyrenioto ffoln euch a pnr P?What, then, is the sfafur of that Judicial pro vinco which is designated by law the "District or North Carolina," with respect to the sanctity or eivil process? _ ? ?.. . By tho aot of Congress or 4th June, 179?, 1 ?tet., 126, it is provided t . ? "The said State shall be one district, to bo called the North Carolina District; and there shell l>? a district court thoroln," etc. By tho ?et of 15th July, 1846 (9 8tat., 88), it m Divided, (hat -"the oircmt courts of tho United ?Utos for ?10 aisu-iot pf North Carolina, ahall boheldonthetlretSiojidsVln June. ? ? ana all actions, suits, appoile. lecognlsauooe, pro cesses, write, and proceedings waatsoevor, penn ing, or which may l>o pontling in eeid courts pr roVuriiablo thore t?, shall hayo day therein, and bo heard, tried, procooded with, and fUcltol, etc. Io this act repealed V It will 1^ \?% &* that an act of fho Congress of tbo United Sta tee has been ropoalod by c rcumstanoea. If ovor Congress has impaired a CQnsjltnti.qna! Judlca-. turo, onco established for tho people, ft e?s not , by any Implied repeal; nor oould It be dono by any t Imr.liMlipn, but suoh as oould bo recon ciled wilTho Other IPiW>}>to *&2?Pk ot tho statute supposed to work euch rppeal. In the fpresont rnslter, however, tho. opi)oe|to mg plhiat?on. from an aot which took o&ect on tho s "mo day with tho *?* ot &? Tleconstmction acre" am? njW to an #*g*J & tor tho cont nuance of the N?***> Garouns Pis trfoUn coramosTwith ail the others, as fcWt ''iW tho Chief Justice of tho United S ates and the Aaiociate Justloes of tbo Soprcmo Court eludi bo allotted among tho circuits now ?Mttf, iiv ordor of the court, and whenever a now allot , .TM? circuits (and consequently tho districhi oomi^siog them) "now: existing," i. e, UM?"? on tho day the first of tho reconstruction measures took nTcot, were tho express basis of tho aliatili , , , to authorise wbloh was the obloot of the abovc qnoted provision. Tho poeslble 'alteration o| raid ciroults was anticipated, showing that until ono or more circuite ebould bo al-ored by law, lljoy were uot to be otherwise recognized than as heretofore, Acoordingly, tho foUowing is ol.ro cord in the 8upreme Court, undor dsto ot Monday, Aprils, 1867 s . , "Ordered, That the following allotment is raado of the ChioV Justloa and Aasoclato Justices ot tbo Supreme Court or the United States among tho courts, egreeablo lo tho act of Congress In euch case made and provided.** ..... v Tho asaignment of the several Justices le sub joined, amoix bleb the foliovrine ?ppeare: "For tho Fourth Circuit, Salmon P. Chase, Chiol JuHtico." Tho first section of the act of Congress ol 15tb July, 1 .7, passeil ivhou rebellion was in full head way, thorcby showing that tho interruption of the sessions by rebol violence was Hit- only change which COM?H waa willlug to roOUglllliO III tho Ju dicial biiaiucas, provides: "Ilorealtor the Districts of Maryland, Delaware, Virginia sndNoith Carolina shall constitute tho Fourth GbeuhV (12 Stai., 37G.) It Is H im made apparent, not only bv oat li. , but by coutomp.)raueous legislation, of tho samo session, by the same individuili inombora, and al most on tho Humo day, that wbatevor, under tbo Constitution of the United States, oilhor of au thority or jtirisJictlon, attaches to tho districts and circuits as they aland in tho statute hook, wnn intended to bo. and must bo doomed and hold to bo, of full forco and virtue now as heretofore. Cut wn bavo soen that a tract of country, composed of Slaton or parts of States, once brought under the ope iati on ?judicial power, cannot, without revolutionary violoiice, bo deprivod of or exonerat ed from it. Violence Is tbo only rocoguized excep tion, ami that, by Congress, ai wo shall lieroaftor hoc, ih recognized only while tbo violcucu laats, am! then us un unlawful der igatioti from the judi cial power. If it be ail milt ed that the Judicial power is in tact in the district of North Carolina, though tbo Hiibject ni.ilt i's of ita authority are limited to a category, It ,s certain that upon Uiomo subject matters, the courts of the United Slates for that district aro tho supremo autboritv of thu Unitod States. Tbo high prorogative of tho independent judici ary may bo well illustrated, in closing; a el,cieli of th?? l>0]i:irtiuont of Justice, bv a word respecting tho conclusivo and binding character of a judg ment at law. It may bo rendered even by an in ferior court; but, if tho court incompetent, tho judgment may bo defined to bo tho vary law of tbo laud for tho particular mat tor adjudged (4 Itnwlo, 289). To suspend" a jndgnietu in a inoii nar not Dolatod imi by law is, Inombra, ro nupond 1 tho law. Ibo Oupiiauu Onnr? ? ? : I "Thero is no principio of Inw bctif-r sunnciui..... that overy act or a court of competent jurisdiction shall bo presumed to have boon rightly dono till tho contrary appears. * So 'long an a judgment remains in form, it is in itself evidence of tho right of tho plaintiff to thu thing adjudged, and gl? es him a right to pi uccum to execute the Judgment. Tbo errors of the court, however ap parent, can be examined unly bv an nppelluto power." (Voorheea te. Ilk. U. 'S., 10 l'etera. 472,473). Surely wo ncod not inquire whether the Legisla ture ol'the Union hai attempted to vest In par ticular esecutivo or military officers an "appellate power" ovor judgments, ''howovcr erroneous," which have been pronounced in a court of tbo United States. Let the inquiry rather be whether tho right of executing procesa which has issued upon such a judgment is anything oleo but ono of tho very "rights of person und property" which, If the piaiul ill seeks to oxecuto it within one of tho reconstruction districts, tho commanding oDicor is charged to "protect" by tho express terma of tbo recnnsti nein ni lawB ? (Act of 2d March, 1? 7, hoc. 3.) It must ho beyond dispute, if tbo authorities and tbo statutes whioh hawi boon introduced aro accenti il. ihat tbo rig ut of litigating in the Federal colitis, and the right of being tried in them for violations of tho criminal codu of tbe United Stales, and, of courue, tho duo conservation of their authority in overy form, aro a part of tho rights to bo p! elected and tho duties to bo per niimeli by tho respective commanders ibo re construction districts. In this view, Ilio error of General Sickles reaches the full stature of a per version of authority, which, if persisted in. must immediately acquire the character of the crime of levying war against the United Statos, an under taking which would not for a moment bo imputed to the deliberate intention of an oilier ir honorably diitini inshed for his gallantrv in defence of the Constitution. Dut, it might bo said, may there not bavo hem a doubt an to jurisdiction ? Certainlv in this, aa in h other matter thero may h ivo been a doubt. But it would insult tbo intelligence of tbe eom mandor-of ihe Second Reconstruction District to iiiqulre whether or cot ho supponi himself au thorized by law to forbid the Suprum^ Court of the United States from hearing canses nnccting persons inhabiting the St ate j of North and South Carolina, without bis consent, Naturally no per son could liu-utato whether he bad mull a power, without considering whether it wuh not Ins duly to coerce tho Cram by arms if it should resist him We must lake it to bo certain that it could not bavo been in tho contemplation of Honorai Sickles, when issuing his Order No. 10, to ilia- j pute with his sword the authority of tho Siipieroo Hen.-li. Yet, it is equally cortain, that If be bad ' been disposed to ascertain Ii?h authority, through in adjudication by a competent court, a iluciaiou mlKWjSSto??Mf ^" ?'0 '111 tu0 ?"?alCht facili- 1 ?lio judgment was then adverse to tbe pownr of Menerai Sickle*, it must bavo been easy to pro sino a tinsi and conclusive decision in the Supreme Court on a writ of error. If thai olliecr had a doubt on this subject then, he inn it In.vi- known the only lawful course lor its , solution. Where a difference arises between a military agoni and a court as to the jurisdiction of the latter, nud the former p?a sumes to decide it fur himself in bis own favor, the act can bear no other nunin than usurpation. ISul it may bo thought lie did ao only as to the inferior court, and not aa lo tb? Supremo Court. Now, though In nen not have anspcclcd tbo fact, a moment's re- ' ller'tioii must show that the interference which ia under runaideraUoii was an Interference by Qon ural Sickles with tbo judiciary, including tun Su pre me Court of the United States, as u whole, and Ihn force which, through bis subordinate. Colonel I'nnik, was threatened against the process of tho Circuit Court, cannot, I ihink, be distinguished ' iu law from a similar threat, rudely direct ad, to the judges of tho Suprome Court at Wash ington. Th* process, which was in Marshal Uoodloe's hands might, aud, indeed, lor aught that appears hero, ma have been process issued in pursuance ol a mandate from tbe Supi erne Jourt, remanding a cause with directions for further proceedings in conformity to the decision }f that COIUt. A control over such process, an he "oro remarked of any final process, would be a con- ! .rol over tho whole proceedings, and tbo court it- : iolf, its august jndges of thoir judicial will. Mere - jver. it" final process may bo controlled by tho jrdor in quostion, so may' mcsuo process, or any 1 itcp in litigation ; for the order oxprcssly com- ! nands that certain suit] bo stayed, and that liko mils, not yet initiated, shall not bo instituted. If Ibo interference ol process which ia now in hand . -mild bo juaiiflcd, so could ou effectual interference, : it anv stage, and in any case, at his pleasure, in ' :ho Carolina districts, bii mado by General .Sicklea to prevent all apposi to the Supremo Court. Ii?h, aotcntiallv, is ousting the jurisdiction of tho Su premo Court itself, abolishing tbo Federal courts is suoli in the locality, separating hia disi riet in me vital particular from tbo national body politic, lud depriving Congress, tho Executive, and the acoplo, ot all moans of enforcing bis subordination to tuo United States, except by force ot arms. Tho virtues of no man may bo permitted to authorize him to aspiro to so dangerous an iudepondonco of bis fellow-citizens. So, if thero had been a doubt whothor tho pow ers of tbo United States Courts woro affected by tho reconstruction laws, the proper way to solvo it was tho vory thing which would bo totally occlud ed by tho violent action which bas boon taken in tbo promises. But is there so much ou a doubt ? tue KEcosarnrcTioN statutes. Throe acta of Congress pasa undor tho designa tion of tho ra co us traction laws, viz.: those oi tho 2d March, tho 23d March, arid tho 10th July, 1807. The pi cambio of tho first declares u stato of politi cal and social dissolution to bo impending or actually existing in noverai Hintes of tho Union, and that, in conaequenco oi* then- condition, ana for tho purpose of effecting thoir restoration, ino proposed lcfe?ilatiqn hau bccomo necessary'. Sup posing tho conditions to bo 'as declared In the preamble of the first act, these statutes aro to bo treeted aa ommentl - remedial and conservative. The Stales bung prostrate, in tho opinion of Congrees, (he object iras to rostore ttiem. But tbe legislative ana ezecativo depart ments ot the Government, partook in no dcg?oe Of tho prostration, as would he conceded;' and, how much did tbo judicial department partake of ft? tbe objeel ww \6 reconstruct what had fallen into ruin, so that it should bo restored to good order, BhftJI that which is in eon* ordor bo over tnrniSr Obvl?tie?y, wqnl was loft of order was to bo conserved, and what was in distaler was to bo roitpred. In roapoo^ tq tho revenue, the molls, etc',, I have hoard of no snch. destructivo intorfer ence;but in respect to tbo courts, tho disposition Is exblmto'l to1 doatroy. Yet the whole eorioi of provisions in tho several acts contains nothing in which I can porceivo a soni co for such an astonish ing mlsconatriiotion. On Ilio contrary, tho follow ing cet, which, h'kp the, act; relating tq tho ftlloU ment of justices, tQ0R- cn*ool on lha gqmo d>y with theearliest of the reconutruction acts, appears to domoiislrato tho opposite viow: "An Ant, rolatlne to Appeals aud Writs of Error to tho Supromo ("'ourI, " Be it enacted, etc., That whoro any appeal or writ of error has boon brought to the Supremo Court from anv final Judgment or decree of au Inferior court of tho Unitod Statoe. for any iudislal diatrlot in which subsequently to the rondition of mich Judgment or decroo tho regular scsslona of mieli poqft he/ye boon suspended or interrupted by insurrection or rebellion, such appeal or writ of error shall bo valid and effectuai, notwithstanding tipi timo limited by law for bringing tho same may bare previously expired; and in casos*whoro no appeal or writ of error bos been brought from any I such judgment or decree, such appeal or writ of orror may bo brought within ano year from the passage of this ant. The provisions of this act shall not apply to any caso in which the right to bring an appeal or writ of orror had expired before Buch suapooHion or interruptions of the rogular sessione of tho court." (Section 1, Act of March 2, 18d7.) ? Thio act, if regard be had to its special object, niay l>0 taken to bo in pori materia wilh the re construction laws, and to the liko extent, undor tbo rnle.'thof are all to bo read as nno law. Ljk? the throe acts above mentioned, tho obloot of this wae to remedy mlsohief, which .a.4 orison out of the rebellion, bqt for the *?? of this roincdy the Jufyon?ry, and not the district commander, woro to bo the instrumentality. Jtight? of appeal which had not yjt expired by lapso of timo wero ?nt off by circumstances. 'J^eao circqmaiHncea continued un^l tliolimltatlpn oxpirod, and, with it the right, aftor which thoy ceased. Tbe object, now, was to revivo aald rights. The circum stances which bad Intervened, and which had now ceased, aro denoted In tho act. They avo thoe doflced |n It ) ?The r?gnlar. sessions of tho court W?TP been aim pended or interrupted by insurrection qr roMulon," \fhU aot, by unmistakable implication, shows, on the day of passing tho principal reconstruction statuto, that with the exception of the suspens i on or in - '?:??. '. .. ,,?.. u>?.?? .?,? ... '."?? '?? ?,-?JU4? j ?.*? , - >?-" -?.'** torniption i.r tbc regular seasinrui of Dio court bi rebellion, ote., the litdicial mUbltobnumt wan per tuftlv Intact, u* tr Ili?re liuti been no rebellion uu> woccobmmi farrestorative legbiUtsoii. That tin. only interruption hail, tu Hit- mimi of Cuugre-m wholly paused avtuy. ut luaal. on Ilm Jd Mundi It Ut'idllllt troni Ilio t'ari thai Hut act ivas psHsei KiatitliiK a thing to bailout.' now oil th? espre* ground that by ?atril inten upturn it could not tiuv. been dono i'orm?rlv. tu-tl requiring that it be dum within one yeir nonce, ns otherwise the Unit which, In tbo abietico of interruption, rims against tho right, Minili run in the distiict* A'horu the ro lief is to talco effect, ns it rime olitowhere. .such, in respect to its dignity, its power, anil I tho unimpaired iiitogrity uf itu iimchiiiuiy, is the judicial ?atablislimont ttf tlio United Stales. To I guard ila siipromac.v ?ti tbo atluiiiiiatrntion of Jus lico, Congress has provided atom Inwa. fcnibuuent FOn uf.sistiko jit3icul. A . Tbo following proviaions, among otbora, belone hero : "H uny person or poraona shall knowingly and wilfully o attract, rosisi, or oppoao any officor of the Untied States in aorving, or attempting to servo or execute, anv monne procesa or warrant or any rule or orilorOr any of the Courta of the United States, or any othur legai or judicial writ or process whatsoever, or aliali aasaiilt, beat, nr wound any officer or other person tlntv authorized in serving or executing anv writ, rulo, ?rtlor, or pro cesa or warrant n?oruHaid, ovet v person ho know ingly and wilfully offending in the promises, shall, on eonviclion thereof, bo imprisoned not exceed ing twolvo montile, and lined not oxecediu" tum? hundred dollars." lAot 3?th April, 171H), section 22.) The offenen of obstructing process <-utisLsts, aayri Mr. Juatico Washington, in refusing to givo up possession, or in oppnxing or obstructing tho exe cution of tho writ, by throats of violence, which it is in tho imwer of tbo party to enforce. (Uuitetl States vs. l.owry, 2 Waah.. ll?.) Anv obstruction to tho free action of i?3 officer, or Iii? lawful aa aistants, wilfully placed in hia wav, for tho pur pose iff obstructing hiwi, ia sufficient. ?2 Curtis, C. C, G89.J And what is "proceaa" undor Wal "riti Tl'? f^urts Bay it embraces qw;; court ? ?,^ ^^ ^JPt'Puikgisirato; or cmniuisainucr, acting in tlio duo administration of anv law of tho Unitoci HtatoH. (United States vh. ; Lubina. :i Waah.. US.) Agoin : "If any person or persona ahull, corruptly or by j throat* of force, endeavor to inlluciico, intimidate, or imped., any Juror, witness, or officer in onv court of tlio Uniteti States, in the dischargo of bis 'duty, or sball, corruptly or by threats of force. Obstruct or impelle the duo administration or justice therein, every person or persona su offend iti!: aliali bo liablo to proseoutloti tliciefor, by In dictmont, and ahull, upon conviction thereof, bo punished by ?no not exceeding tlvo hundred dol lars, or by imprisonment not exceeding tbreo months or'both, according to the nature and ag gravation of the ofleuco." (Act of 2d March, 1831, section 2, 4 SUt., 483.) These lawa arc in force. If tho Pro3idont could ho supposed to lie willing to suspend them, it is certain that ho has not thu power. must, how ovcr, execute tho lawn. What, then, aboil bo dono with theso? I ululi consider, beforo con cluding, the peculiar energy" with which tho oxecu tivo department i e. bound to act where Ilio prorog atives of tho unarmed but majestic judiciary are ineiiltod. Tho execution of tho criminal lawa of I tlio United States, and especially all such as aro intended to guard judicial authority, belongs, un der the President, to tho .supervision uf tho Attor nov-Gonorul. It happens time to devolve ii)ion this offico to retlcct the indignation which tho law encourages in the judicial breast against an iustib ordination which, wheu it refuses roverencu, dea stroys power, uniese the department to which the national a word is confided puts itself in motion for the vindication of tho constitutional miuiaiers of justice. KtapoxaiBiLirr of tue executive. It is not without dlflidonce that tho importance of the occasion evokes a farther and linai icmark touching the legal reaponaibility heroin of thu Prosident of tho United Slates. Whatever becomes a law, eontotuplatcu for itaolf that it ahall be oxecuted. It is thua with tbc revonuo lawa, the postal lawa, the criminal laws, and the military laws; and it is thua with thu re construction laws, which tho prcacnt executive feels bound to carry into offect, in their true intent and meaning, aucorttiined unon (lioso principies of I interpretation which are themselves a tacit but substantive part of all atatutaa whatsoever. Hut all the lawa of any country must bo presumed to he in harmony with each* other, and, therofoie, should they appear to conflict with oaoh other, the reconciliation of thont ia a judicial work, if, under tho conditinna of tlio case, tho discrepancy ia capable of judicial action. If noi, still, as the ru^&'wffcrrn'riBC oTCciftn' must aunVio tntt*t extent, interpret thu laws. If the Constitution beono uf tbo lawa in question, the principle is, of course, 1 [ho samo, unless, indeed, it be of atrungcr oppli atiou. (Chiof Juatico Marahal, 1 Cranch, 177,178.) Kor the purpose of thiH execution of the lana, liowevor, tbero muat he an ejecutivo power. The" [towor muat bo vested, or olso tho country has li" L'onatitutiou. It may bo vested, ae tho judicial power under our tloveriuuuiil is, in several por tons or di p. il tinelli ?; . , BS ill - ,.ino Cullili lidi, ill large naacmbly; or it may bo vcatod in a ungi? minid,ml. Wherever il ia' vessed, thorp ia tlio orre .ponding responsibility. If tho onurtn of ?m?tico aro to be protected from dogradatiou, it can imlv bo through tho executive power of tbo r?tate. It cannot bo by tho law-making power, ba callao ita lawa aro 'ino?'ccttiat without execu tion, and that ia impossible, against resist- j unco, without physical force. This, thon, is a naso for Exccutivo tntcivontion, win eh, considering tho transcendant valu? of an independent jutlici arv, is of tho utmost sanctity of obligation, unless it shall appear that tbo inilopondenee of tho judiciary ia not attacked, but only that the execution of a [aw, by an oxcculivo agent, involves a conilict with the protenaions of the judiciary. Tho latter would aoem to be the viow of tho oAiccr charged with tho execution of the reconstruction of tho Carolinas ; ind ho is an executive officer. But jurisdiction it. judicial question, and ono which tho judiciary has, m this instance, decided, and decidi ,1 against tbo oxecutivo officer. Tho latter, not acquiescing, the caso would resolve itself into a caso of a collision between tho Esecutivo and tho Judicial departments of a common government. That de fines a revolutionary relitionbotweon them. But has that revolutionary rolation arisen 7 I think not. If the Executive powor of tho United Btatos resisto tho juriicinl power of tho United States, thore ie, indeed, sucha elation. But tbo Constitution of tho United Htalea pr?vidos? "The Executive power ubali bo vested in a President of tho Uniteti States of America. " Art. II., sec. I. All powers of the l'oderei Courts ran in tho namooftho President of tho Uuitod States, bc cauao tho mandates of the court call him to action, as they du all, to Submission, and ho must execute them as laws of the highest sanctity by the whole powor of tho nation if necessary. Is your Exccllouny iu e. stato of collision with tho national judiciary? If not, sinco tho whole oxecutivo power is tuas vostod in you by tho or ganic law, sud can bo divested by nothing but a chango of that organic law during your incrra boncy. it muat follow that tho "collision of author ity" which is tho subject hcroof, is tho mero mis demeanor of a contumicious and unfaithful oxecu tivo agent, who having offended against tbo lawful power of the Judiciary, has ronderai himself hablo to prosecution according to law. But tho great responsibility whioh appears to mo to arien on such an occasion, where the physical powor of tbo offender is great, is this : that for tho solo executive to sufici- tho Judiciary to be overthrown in any case would be potentially to overthrow it himself, and, therefore, I am solemn ly impressed with the belief, that nnloaa tho Pres ident promptly represses the contumacy thua die closedto htm. ho will be exposed to tho just impu tation of a culpable insensibility to tho co -ordinato dignity and paramount sanctity of tho national department of Justice. Contempt of Low indulged, speedily grasps at tho heartstrings of public order. So teaches history. Very respectfully, your obedient sorvant. JOHN M. BmCKiE?, Acting Attorney-Cenerai. To Ahdbxw JonsaoN, President of the United States. ili e lud tans. lu hia testimony hotoro tlio Indian Commicsiou now.at tho West, General Hahoock said : Thero was no accurity wlvatovor for transporta tion and travellers on anv part of the Plains. I person is llablo to bo attaekod oven if bo has u hundred men with him. Vigilance is tho only aafoty. Tho Indians aro inali mg < aids constantly iu amali or large bodies. It is belioved ibero are no Indian familias between tho Piatto and tho Arkansas, They are cithor north of tho Piatto or J sputh of tho Arkansas. Tho exponeos ou tho Gonoral Dopartmont havo been those of a poaco establishment, with tho oxceptinn of a. Binali quantity of foraco eent to places where they bad none, and with the excep tion also of four hundred Kansas volunteers, who will not be paid until OonKrese appropriates tho funds. Our troops havo bad no remount this year. Tho exponsa of transporting gooda this yoar is much leas than ever beforo. . ...... Of boatOi warrtore tlio Gonoral estimate*! that the Cheyennaa number abputfonr hundred, the Arap-ahoes ffw hundred, the Kiowea live hundred. Tharo are but fow Apaches of tho Plaino, probibly four or five hivdrod. Piftoen hundred or two thousand will cover all engaged bot.veen tho Ar kansas and the piatto, Ihat is, leaving out tho Co monchoa, who number about three thousand. Thero was cue case, in Ootobor. 18GQ, where anus wero furniahod to tho lu diana by oar agent, after being officially notioed that tboy wero inclin ed t?> hostility. Mr. Entry, the Indian Cornmls sioncr, gavo authority to sell arms, after bo waa notified that tho Indians wore hoatilo, ond defend ed the right. The universal testimony ia that tho Indiana aro woll armod with pistola and rifica. Tho Indiana always plerco the bodies of whlto persons thoy kill with arrows. Tho friend? of persons killing turn, all put an arrow into him. Thoy never burn powder when tboy con use ar I rows, In ambuscade* thoy nao arrows. The principal men are armed witb fire anas, and tho otbura with bows and uro us. The Indiana do not tight often, nnlsua (hey aro of very superior numbore. Thoy do not aghi without sn advan tage, wnonover they dad their enemy prepared they givo UP, < Tlio Imbwa ato now civrju.i on the war with all tho new tmpravomootfl. Ttu>y have floUl rUm es. Wo found glus at "rott Wallace. They como np liko a regiment of oavahy, and appear like , regular regiment, Tho chiefs stands, with a mirror and. throw roflocttoua as signals which tbo men obey. They have signal men all around. ita' Tue Itelutlvre, Frlenda aud Aci|uulni uTitcHOf limiate Mrw. J. WABD SIMMONS, andofL.'i ?totani, Mr/. M. T. RontsSoN ?n.l Mrs Htc?uni) L. KoatK oro invited lu tttend Ihe Funeral Serrlces of tuo tot an ni Ht. Philipp Church 7A ? Afternoon, at baH-put Ft ? o'clock. September I LOOK OUT! OR VOU WILL LOSE A FORTUNE. TDK SALE OF TICKETS, OEORQIA STATE LOTTE RY, In the Orami Extra Scheme of Soptember 4th, CAPI TAL PRIZE S2v,uuo. Ticket? only Ono Bollar. Close* THIS DAY, al a P. M. Offlco No. 20 BROAL? STREET. September . ONE PRICE CLOTHTNO nwoLs AiACULLAR, WILLIAMS 4, PARK?I,. Manufacturera, Jobbers & Retailers or FINE AND MEDIUM CLOTHING. WHOLESALE RETAIL DEALERS is GENTLEMEN'S 270 a?, CORNER OF HASEL STREET, C II A R Ls ESTON S. C 1 . AllgUSt 30_ <lnu S P E C I A L OT?iD??T" OUT LOOK OUT, OR you WILL LOSS A for TUNE. THE SALE OF TICKETS. GEORGIA STATE LOTTERY, In the Grand Extra Schema of September 4th, CAPITAL PRIZE ?20.000. Ticksls only One Dollor. Uloses TAir Day. at ? P. M. Offlce No. 20 BROAD BtBXiCr._1__September 3 ?ir IT NAL NOTICE.?ALL PERSONS HAV ING domanda agsfnit tho Estate of the late JONAH M. VENN INO are requested to render the same, and thosa "SepieiuberU _luUimS*_Exocntjr. ur CHARLESTON AND SAVANNAH RAIL* ROAD BONDS AND COUPONS.?By decree of the Court of Equity, on 2ith of January last, R was inter alia or dered, "That tho said Trustees, Isito w. Hatni, Fj> wauu SrjnniNO, and Jobn E. Cunt, do forthivHb pro ceed to call, hy public advertisement In una or niara newspapers iu this State tud ele?,where, upon all person* holding Bonds sud Coupons ut Bonds secured by lus First Mortgage, In present and provo their demands on or before, the first July next." This order having been, compiled with, un Bonds or Coupont not hitherto pre sented will be received, aud ?urtlea who have heretofore, presented Bouda and Coupoua, ? >thml leaving the tame in the handt of the Trutleet, are hereby notified that un less they are brought forward on or before the 30th diy or Septemlier, they wiU not be received. L W. 11 a NF. ) ED. H Ell ION G. } TnutecJ. ' JNO. E CABEW, J September 3_tul s3 ta- CONSIGNEES PER STEAM SHIP MAN HATTAN are notified o? her cargo being TAis, Day dis charged at AdgcrO South Wharf. All goods uncalled tor al sunset will be potitirely ctorod at risk and ex penso of owners. STREET BROTHEBS k CO., September 3_1_Agents. "o??o?TOE.?CONSIGNEES PER STEAMSHIP Mon . a, aro hereby edited that tho It this day discharging cargo tt Booth Atlantic Wharf. All goods remaining on the wharf at mutet trill be stored at ex penso and risk of owners. JOHN & THEO. GETTY, Agents, AU freight ainonnttn( to fifteen (16) dollars or lesa must be paid on the wharf bemre delivery ot goods. September 2_1 sYsT REGISTRATION NOTICE.?THE BOARD ot Registration tor Words No. C and 7 or tho 4th precinct. held at tho Laghi Engine House In Meeting 1 treat, will be held at that place, ou Uonday, Tvitday and Wednet day, tho 2nd, 3rd, and 4th September. Registration for Warda No. 0 and 8, wUl be hald at tho Woahlngtou Engine House, Vand erbori t street, on Thurtday, Friday' and Saturday, tho 29Ui, 30th, and 31st August, from U to 3 o'clock each day. NATHL. TYLEE, Senr. Chairman Board Registration 4th Precinct. August 30_Sng2fl 37sopt2 3 mr STATE OP SOUTH CAROLINA, CHARLES TON DISTRICT.?DANIEL H. rilLCOX ?. JOSEPH F. BRAUN.?IN THE COMMON PLEAS, Amrnoimrr.? Whcreoatho Plaintiff did, on the Seth day of February, 1807, file his declaration against the Defendant, who (as it la Bold) is obson t from and wUhoul the Umita ot the Stats, and hoa neither wife nor attorney known within the samo, upon whom a copy of said declaration might be served : It la therefore ordered, that the said Defendant do ap pear end plead to tho said dec Un lion, an or before tho 37th day February, which wiU bo In tha year of our Lord 1868; otherwise final and absolute judgment wTUbe giran and awarded against htm. 3. W. BROWNFIELD, Clerk's OtEcc, Charleston District. - 0. C. P. March 1_Jane 8. sept a, deo 8 Aar THE ATTENTION OP THE FIRE DE PARTMENT lo caUed to tbi following rtgulaUom :' Any Volunteer Engine running on any payment lu either the Upper cr" Lower Words, where the street la paved, shall pay a fine or Fifty Dollars, and any Ward Engine committing the same offence their pay shall bo stopped. The same rule shall b* eppUrabla to the Markola. Every Volunteer Engine Company shaB have ellhsr betta or a gong attached to their Engine or Beel, and the same shaB not be muffled, cither going or returning from an alarm of tiro. The otme rule shall be applica ble to Ward Engines, but no Engine shall return from a fire (otter than a walk. No two Steamers almi work at the tamo Fire Well, One Volunteer Hand Engine may draw water from same iVeU where a Sicamor U drawing; and If two Hand En gines are at a Flro Well no Steamer ahail be allowed to use the uine. , Two or more Steamers may draw water from a Drain Pit B. M. STBOBEL, Anglist?_Clerk and 8 up't. ?r CHIEF QUARTERMASTER'S OFFICE, SECOND MILITARY DISTBIOT, NORTH AND SOUTH CAROLINA. CHARLESTON, 8. 0? AUGUST IT, 186 .? SEALED PROPOSALS wiU be received at this office until 13 o'clock M. on Monday, the Ilm day of Septem ber, 1867. at which time they win be opened, for the pur choto or the follow in? property, Tit: Wreck of eteamer BOSTON, In Aabepoo River. Wreck of steamer GEO. WASHINGTON, In Coosaw River. Wreck of ?teamer CBA8SF.0R. lu ScuU Creek. Y>'reck of steamer RANDOLPH, In Charleston Harbor. Wreck of steamer kit WAN. in Charleston Harbor. , Wreck or steamer BDBY, In Light House Inlet, Bidders win state the amount offered for each wreik, The wrecks trill be sold eepuately and to the highlit bidder, unless such bid be deemed un ri ito nabla. Proposals mutt bo addressed to tha nndsrslgned, and, nuuked "Proposals for purchase of wracks." R. O. TYLER, Bravai Major-Oenerol, Chief Qaarterxaastor, Deputy Qutrtermaster-Oentrtd,U.S. A. Augnai it_ sxjr* ARTIFICIAL EYEfT -ARTIFICIAL H? MAN KYEH modo to order and Inserted by Dra. F. HAUCH and P. GOGOL?IT ANN (rwmttly employed by llr.ioMv.iNvati, oli --ti, Ho. VW liroodsroy. New York, * April M . ir? ?,