The Charleston daily news. (Charleston, S.C.) 1865-1873, September 03, 1867, Image 2
VOLUME rv.
HO. 463._CHARLESTON, S. C., MONDAY MORNING-, FEBRUARY" ll, 1867~ " mjrr* XITTTT*
Our Cubil,- Diaimittil-?.
Pauli, Houtombor ?.?. I hu Minister i-Woim
affairs has untied a noto lu Um diplomatiti repr?
scutativus regaining rooeul ovont* ; due laro* thai
Ilio impiotai* meeting u( Stl/biitg should bo la
garde.l as a fresh pledge for lue maintenance b!
chu peace of Europe.
J?kiii.in. iiepicmbar 2.? Tho city elections rcsul
tud, ? Iba'Choice oi raili.-ul inombora to tbu now
Parliament.
Uotida1?^: Po',,embcr - Noon.?Coinwla llij.
tf*n% *M>tenu>r2--2 P. M.-Colinola down
thu cro"s ,"'!ll,u-''J- Weather delightful fui
,,,??,V.>;n,.00, ? s,?I,tcii>"<-'r 2 -Noon.-Cotton quid
TWc?wvjf * ******** unehangoil. ?, -
JnfgffgP^&V iftiepWr ??3 P. M. Com du
vtiued?\.s. allow declined-Ma.
European Kevro Her Rttamw.
}"??n' ," " 1 ''? Arrived, the Manhattan
anil GUp ol Boston from Borono, with dates lolbo
-ai. liai vest me, had comuioiiccd nilb favorable
weather. 1 bo heaviest ihundcr ?torni ? known
done at I o"a""- 11,ero *? * imieb damage
The Reform League celebrated the paa?.igoor
thc.net by n banquet. .Mill IUII| Bright \vr..te.lut
ters urging tbo Itairne to demand (ho ballot,
preadin n 8 " , Ual.v k violent and
?SF' ,'l',IC|Mls,..1 u>;"?,! American products
dull, supplies liberal.
Washington n.vv*. *
\? ' <,:,'? ?ept?Ml?r -?- dispaici! from
tort Han says that tbo t'avages in that suet iou do
uot Ttnut peace: imi bili ih,. Commissioner? if I bey
can. rhey arc drlvllin oil Ihe buffalo toward their
villages on ihe Republican lllvor. Tli?r attacked
train .near i on Smith, mid wero' repulsed.
Twenty Indians, one officer and four soldiers wero
Killed.
Tbc Secretary of ilio Treasury has ipccircd u
dispatch from special agent llell.'Htatiug that only
three of the custom llOUSO officials were on dut v."
ibo Secretary ordered Ihe i-ustoin bouse further
down the river, outside Iii? Ollv.
Alaximilliuu has adopted as his heir voting Itur
bt, 1.0, now with bis graiidinotbor on (Icoroptowit
Heights.
Tvieclmugo in (be cotton lax from il tQ 91c. por
potimi, Roca into effect te-dav.
Nine regular army surgeons died within the last
thrco veoka.
Simon Cameron favors impeachment.
Tbo internal revcuuo to-tluv amounts to $1.000 -
l)0U.
Urani iijia ordered the discharge of aeventv-onc
of the one hundred and forty clerks of the a
Department. _
"??? Richmond.
I'.ieniio.vn September 2. - ,lno. L'odv. a soldier
iuf tho lllh t/liiled Slates Infantry, cui his throat
t'.'ie morning nt Headquarters.' He was from
Newark, N. J.
The applications for bankruptcy in Virginia dur
ing tho last week have exceeded tho total number
since tho Bankrupt Law was passed.
i-Vani Cincinnati.
Cincinnati, September 2.?Jones is co infort
itilo; attributes his (lufciit to fracturo of the
m?ai, which occurred at the j.Ub ronniL The in
juries about the bead are nut aurions.
Auw York %'?wj,
New VoUK, September 2.?Arrived, ihe Henry
.Chauncy from Aapinwall. Shu brings f-l.103.o5j
Loans docrcascd i'v.'n cr,'.i ; Spccio increased
{1,243,000; circulation decreased I21.U00: deposits
increased $2,113,000; legal tendoni iiicrcnaod $2,
?72,OU0.
V'll Orlruin \>\v1.
New Orleans, September 2.? Thero wore thirty
intermonts from Yellow Fever here yesterday".
Among them Tom King, the pugilist, and Lieut.
McConnick. of tho iron ciati Mainak*.
Tho official on1 er relieviog Slieridon was received
this morning st Headquarters. Ueneral Oriniti
baa been tclcgraphrd fur, and up in bis arrival
General Sheridan will tako his departure. Colonels
Foravi lie. Moore and Sheridan accompanying him.
From Sonili Amcricn.
.Pana.ua, August 23.?A revolution lo lost
ii?at'iqueiv"4 has hern discovered mid Ibo leaders ar
rest*'d. . ,
TiV choleva is dying out nt Nicaragua, but ia
alili rSvTing in e.'mio districts.
The Peruvian -JJongroaa will allow Spaniards lo
remain ivi lhocoiiu.vy, the iipprchonsioii ot the ro
timi of at Spanish 3??' rtlstelpjlsjl. Th?
worh, u. tu.. but Ut lea h v> neon suspended.
Tliero hod been ?.'? " utonn at imparano,
in which the shipping am.' dwellings were uani
oged. One bark was wrerkeci a,,d ? **> '??* ,roriS
lost.
Mosquera will be tried for treason.
Domestic Markets.
noon mbpatvu.
New , September 2.?Htocks alrong.
Monoy 4o5 por "eut. Gold ll?. Sterling Sjaoj.
'G2 coupons lili : Virginia i)'m ev.-eunpnim nOJ.
matura iuni*ATou.
Stocks heavy, Gold 41|. Sterling !l?ail?. 'G?
(*; ? 114L
, Cotton steady nuil unchanged; aales t?OO bales nt
>7o ? Pleur quiet : Southern i'.laKl. Wheat dull mid
fave ra huyere. Corn ajnlet; mixed Wost?m il ?a
$1 '? O*1* heavy and declined 9s3c; Kotllheru
C5a7Ci '?? porli heavy at 23le. Lard heavy. Wbis
kev at 'tive at 40c., io bond? Siignrtirm and In good
dernaL'd: Torto Biro 12c; .Muscovado HI BOalS -r>0.
Rico* idi. Coffee quiet. Turpoiitina steady, (IBs
5gjc Rosin steady. Preighi? dull.
Bal' "*i swnE, Scpfombcr 2_Cotton quiet and
nomina H Muldlings ;. ;. Collo
lee dull and unehang
ed. Flo V du"' "* ?*' arn,ori Ordinary to Fair
lard?Ci'lvia ? Wcs'cr? 13-1? Whiskey?no sales.
Corn LOCai.13. Mesa "?- Shoulders 194?
C1?sa^fe;ltcrnber 2.- -F^ unchanged and
in modeiato dem: invi. Corn v.No. 1 ?loL05.
Wniskoy etendy. aleas Porle h. ^nmul et ?la
23.25, but little oft ired below ?'23.nU. . ? ?<>" nel ivo.
Shoulders 13. CU VX eidos 1 ?4. taro .?? ?
balee.
New OnLEAXa, Augiivt 9.?Salea Of Colion 300
bales. Low Midi Bings 24?a2So. Itcccipl? 238
bales. 8tigar and Woliisse.x tpiiot and unchanged.
Flour tliilT Ulne $ 7 : choice ?li a ? SO,
Corn dull; SUppl:f liebt. White fi SS; yellow
1 27A. OatH tli'il'/at 70 ?. Pork in good demand
nt ?2t? 50. Baeai.i hold as fast ne received. Should
ers lSJc; clear -unies 17ial8e.; few or UO ribbed
sides in muik-.-t. l. nn' in reqiiost?in tieruOS 13<c.;
in kegs 15c. I in Id el?nod at 40 Ja 10J ; sterling 153a
155; Now York eight exchange i percent, pre
mium.
Sav&nnau, Bcptanbor 2.?Cotton quiet ; Mid
Alinga held at 98c, offered 24'c. No sales. Be
co, 'Pis 27 baioM. UecoiplH of 1 he year 247,059. Ex
pci ts or tbo year 247,011. Stock BU. lloceipts of
?tea jBland 15,i37. Rxporie 1*>,115. Stock 139.
\\? itbor hot. nnd cloudv.
Adui ! A? September 2.?MOrkot dull. Sale? 41
balea. Middlings 23Ja24c.
Wcatkv,r P'9 uBant nnd clenr.
s?m; Items.
Rain i 3ku1 s. A-c_For Clio past fe>v day a WO
have b?o ft vi A ited with ncc.iaioiuil ftbowors of rain,
but not o noiigi'i to injnro the growth of tbe crops.
Andwhiliiwo road of heavy rains in different
parts of tl 10 cou. itrv, and the damage tifino to tbo
crops. It i grotir/.ii'g to us to alato that the inju
ry to tbo f lorn colloti crop in this District is
very oligli it. Wo trust that the injury to tho ci ops
ihrongho ot tho couutry are not ur? serious as w??i
nt ?ret nt iticipalciL Tbo corn and cotton crop m
tho uplan /Is of this section of the Pee Dec country
ib doing 1 nmnrknbly v.oll, und Ilio farmers havo
every rea tonto bo encouraged. Wo learn tb&t
tho river lias risen three or four feet at Society
Hill Fen- r in conscqiicitco of tbo laie raina in rhu
up-countT5'. The river is now in excellent order
for navigi ttmn.- HenneU?ViHe Journal.
Aubest-of an I'.MisBAiiv.--A colored man, call
ing himsolf Bev. Nnl. Williams, has bi-ntt arrested
by t?io niJ.'itarv authorities for preaching inoen
\a doctrKTo? to the treed puo?iloot this Districi^
Ho w.ia carria d to Headqiiarlora at Darlinglon lust
Wednesday hi u iloluchiiicnt of soldiers Hunt hcio
for that ' ???* ? where he will bo Iried by tho
Mihtary Court.Ut Vi-'uif/rst'i/iV ./ /?/ /.
REOisrnATioN Br. rmiNS.- 1 he following nro (be
regiBtratiui, returns . for Merlborongll District for
tbe three Oral days: f??l?? roI.ollKI,.
Benuottsvillo. . ?25 :U-r
Adamavillu . . }J! !;;
Bruton'sFork. " \}? ,S
Grant's Mill.?? ?S ?S
Clio
152 142
Red Hin. '%\ 'fS
Brownsville.. 71 '
Total.77?' , -? (| ?coi..r
As will be seen bv tbe foregoing I a ? ?. . 0
ed people have 337 majority in tbo D.'aV , 0,iv ?,
white citizens have not registered ns pvoi.. ? .
thoy should have done. They should do . BD B
once.?Vcniicttsoihc ,/ounial.
Toe Oar Wonka.?Wo are tniiv clad to lea.'1
that there in every probability tba't in a fow wecU
tho Qm Works will nguin be In succeeatnl opera
tien. Negotiations in reference sale thereol
bave bcon pending ror soveral days . and wo bolieve
thoy are now completed, bv which theso works fall
into tho hands or two enorgeiie ritlzens. who will
soon "let their light shine" for tho benefit of the
comminity. - Wrt-ii.uiiie UownfMiMMr.
Homicidc-Oii Wodncsday last, a difficulty in
curred on the plantation or Col. Hubert Boat of
thia District, lietucon John Lowe and l'rinco lTcv
wood, freodmcn in which tho latitcr was el abb?d
and lnsUntly killed. Ixiwe wns arrested and com
mitted to jail.? Umonvi?e Tima.
The c?icial cens?a of l8(!G flives a total ol
110.12C Torcigli residents tn Paris, which is, nc
doubt, considerably under tho roa rk. Of tho vari
ous nationalities the most import: nit are tho Ger
mans, Belgians, and Swiss: the two former o
11.0
?
bici! probably ?xcoel 3 >, 0 , the latter being up
ard of 30,000.
UtiAjtiKAlj SICKLES
AND ?HK
UNITED STATES COURTS.
LETTES it KHO.vi JOHN M. IUM.K1.1SV
ACTtMC *TTI!HXBV.?EXEKA1., TO
I'nESIDKV'l' .11)11 \.SO*.
AnoiiNF.Y-GtNcit.o.'H Omet, I
? _ August 21, 1867. I
Air. Pr?munit?Circumstance* have iicvolvcil
upon mo the duty or laying beforo vour Excellen
cy, wit bout delay, matter arising vvitlim tho prov
ince of thm Department which appoani to the un
dersigned to bo of great gravitv and of imminent
urgency.
llerewitli I respectfully submit documents mark
ed from A inclusively to O, in which tbo following
administrativo dift'iculty develops itself lor solution
by Ihe Supremo .Magistracy of the Republic.
btatl'ilENT THE .11.
At tbe regular stilted term of (be Circuit Court
of the United Stales for the District or North
Carolina, begun and hold at Raleigh on Uto llrst
MoMay in Juno Inet, Chief Justice C'liaae presid
ing, among other civil actions which passed to
judgment wero two in which parties nuuicd David
ntid Daniel liahnwoHcr wero d?fendant? of record,
as I am informed. I have no particulars respect
ing aahl miitn beyond the caaential fact that, in
duo course, alter judgmcot against tbe defendants,
tho proper writs of execution wero rognlarlv is
sued nnd piacod in the bands of Ibo Marshal,
Daniel R. Goodloo. Esq., for tho purpose of having
them sorved ngainst the proport of the dofoud
aiits. Tho Marshal charged his responsible depu
ty, nr. Neff, with that duty, who, beforo execut
ing tbo process, was expressiv forbidden so to do,
m a writing to that effect, by R. T. Frank, au oftl
cer of ilio army, having command of tho United
Slates soldiery stationed at the military post nt
Wilmington.
U|Kin information of the action of tho command
nut oC-eud post, tbo marshal, who wan at Raleigh,
addressed a respoctfui letter to tho superior olltcor
of the fonnor, Major-Uenoral Sickles, in which tho
marshal of tho United States for thai judicial dis
trict brought to tho knowledge of the commanding
oflicor of that reconstruction district Ilio fact that
tho procoas the Foderai Courts was obstructed
by one of his own subordinato officers.
Mnrahnl Ooodloo doca not appear, from this com
munication, to have addressed himself to General
Sickles in tho manner of u ministerial officer of Jus
Ce:; on tho occasion of a riotous or otherwise for
midable resist aneo to civil proross, demandine; of
nn officer of tho nrnry tho necessary militare sup
port, as, it seems, might have boon done with per
fect consistency, and with uiuinestionahln obliga
tion upon tho officer to respond, whether the of
fendere were or were not troops of the Uni
ted States under his command; but Mr.
Gooilloe appears to havo anticipated with confi
dence the prompt interposition of General Sickles
for tho vindication of tho law, as tho supreme ob
joct or his allegiance. Ho also reported his action
to this office, with copies of the noverai papers.
Upon receipt of theso a roply wob inado to tbo
Marshal, to the affect that no further action would
be bad here in tho absenco of information from
General .Sickles. It was coulldontlv believed in
Ibis ofllce that tbo obstruction would be promptlv
removed by command of Gcnurnl Sickles, or that
if he thought fit to hesitate in that dutr, ho would
not knowingly suffer his authority lo fall into col
lision with that the national judiciary without
llrst communicating with the seat ol Government.
Under dalo of tbo 8th instant, however, sonio ten
or el von days after the obstruction of process be
gan, tho Marshal reported that ho bad received no
responso to Iiis communication to General Sickles
referred to, and bad aeon it announced as a fact in
the newapapera that the action of Colonel Frank
had been formally confirmed by Gonoral Sickles.
Hereupon, it was doomed unbecoming for tin
branch of tuo public ecrvico to apponr longer in
sensible, in any degree, to the paramount dignitv
nf the civil authority, and, accordine!}-, such in
structinns were commuoicatod to the* Marshal,
under date of the 13th imitant, as should comport
with tho statutes in forco for the protection of the
judicial power of the government. Ho was further
instructed that, in tho opinion of this office, tho
military authority imparted by tho statutes in
forco for tito reconstruction of tbc Southern Stales
did not extend in any respect to the Com is ol tbo
United States. The eamu had beeu eaid, in nearly
the samo words, by tho Chief Justice of tho United
States, on the solemn occasion of his opening the
court, whoso authority is thus coutenuicd. Under
date of tho 20th instant, a report was received
from Marshal Goodloo, iuwhicn hocuclosod copy
of tbe following communication, addrosaod to hi's
deputy :
Headq'B'j Po*p of Wilmikuton, N. C, I
Mr. , . . \ ? , Deputy VH^ST'taaiei^Sarthai.
Wibningtf/n, '. C:
Sin : action in auspeudiirg, until furlher or
dere, tin execution of certain decrees of the Unitod
Staigs Courts in North Caroliua, attempted to be
anformen m violation of General Ordor No. 10. cur
tent series f'nm tho Headquarters Second Mili
tary District." haV^'B ?><*?>.approved by tho Major
Ueucral commanding. 1 "?" "ot Por??-. ul*11" '
receive further ordore, tbr, lud?niont or decree of
any Court to bn ouforeed in Violation or exist illg
.nidore, and shall use the ueceaaary :orie "? ln<=
vtMd it.
Verv respecllullv, vour obd't nerv't,
R. T. FRANK.
Ilrovot Lieut. Col. and Captain Hlli Infantry, -
manding Post. . . .
The Marshal adds Hint, in obedience to Ins in
stnictioiia of tho 13th instant, from this ofUec, be
will report the caso to tho DiBtrict Attorney rol
lila action under tbo criminal Ittwa o? tue Uniteti
States, which bo says, is all that can be done in
tho presence of an ovorpowering military force,
until the Government interposes. Uy this lime it
ia presumed that tho proper Dietrict Altornoy
baa received due information of thooffenco. As
vet no express instructions have been issued to
that officer in Ibo premiaes. Ho ie, of courso, ex
pected, and will bo required to act with whatever
resolution tho occasion may call for.
In Ihe lotcat report rocoived from tbe marshal,
which boars tbo date or tho last mentioned; ho
anuouucci that tho letter which, in tho first in
stance he addrcaeed to Major-Gonoial Sickles,
ond to' which ho has reccivod no roply, bambeen
Wim ned to him through tho post commandant at
WUmington. He montions an endorsement there
on of Beverni inquiries addressed, as he is under
stood to aay, to bini, dated at Charleston,.August
12? but he docs cot stato whether or not any signa
ture wne subjoined to them. Ho furnishes no full
transcript ni these endorsements, but reporta a
copy of his own, mide i? responso to theso rc
forrcd to, on the wiwie Jotter, .la his endoraemont,
tho marshal reciten, apparently, timui or ...bo ror
mi?r: ''Whoro and when tbu Bovcrei pauses ?r
nctioir accrued : whether the actione wero for
uVjbt or other causes; when tho suits wore begun;
When Judgments wero givon, nnd when final pro
cesa ivas isauod," ote. Ii the object or theso In- 1
terroRotories woa to elicit data upon which Gene
ra] Sickles could determine whother or not tbo
proceedings wore regular and valid which bad
been conducted to judgment' according to law, un
tici'the presidency of tbo Chiot Justice or tho
United Stutoa, I must aay, th?.t it would bo diffi
cult to imagine a more proposloroue affront to tbe
Bench of Jnstico, legally considered, than to thu j
attempt to constrain, or to invito, tuo nmiislpriul
Officer Of tho court to inqujio into tho validity of
ilk ircocese m his hands. Tbe marshal, with duo
propriety, dechned to engago in theinvestigation.
l-'innhv bv a communication of the 22d instant,
a copv oVw?ich is herewith nuuoxcd, ilio approval
of t?o Law Department is communicated to Mar
shal Goodloo, with instructions substantially to
the effect that ho shall continue toese^euto proMsa
in conformity to tho authority of the Comi; that
bo is not bound to expose tua porson to manifest
lieril; that whou menaced by force, as in tho pres
ent instance, bo shall report the particulars ond
names of all offenders, with their aiders and abet
tors, to the District Altornoy, ho has dono in
the present case; tuet ho is required to dc-poi t
i'mself as iuoffeuaivoly ai possible, bin. fliat bs is
noi authorized to compromise lie digwly of the
Court ffboso servant he is, by descending to ue
goiiat? wlt'i? any porson, however reepectablo, for
Tkus the matter stands.
Although it dooa not, in tho Janmble opinion of
the undersigned, qualify, In any degroo, upon es
tablishc? and unqucstiouablo principles of legal
obligation, the relation which General Sickles and
hia subordinato officers and soldiers haar to the
violated l.-.ws which aro in force for the runieli
mont of poraoiiB who obstnict tho administration
of luetico in tho Courts of tho United States, vof
it may bo Just to mention hers, that tho remarka
ble nction or that diatinguisho? oflicor appears to
havo been prompted by tiio roal perauaaion that
an order ieBuod by himself in April laat, of which,
from an official copy, I quoto ontiro tbo paragraph
that touches this question, ii Ot such uncommon
dignity that it is his duty to enforce it, ui Its
largest coustmction, in deflatico of tho Constitu
tion and Statutes nt Largo. Tho following ib the
order: ?'' -
"Judgments or docroos for tho payment of
monoy on causes of aotion arming bolwemi tho
10th of Decomber, 186 , and tbo 15th of May, 1885,
shall not bo enforced against tbo property or per
son of tho dofondout. Proceedings in such causes
of action now ponding, shall do stayed : and no
suit or process shall bo hereafter inatitutod or
commenced for any such causes of action." ?
This order does not oxproselv oxcept suits iiTor
froces? of tho courts of the United Statos. Cor
ftinlv snch sn exception must have appeared
quite unnecessary. In coso of controversies bo
tween citizons of difforent States, for example, the
judicial power of tho United States is vcBtcd, an
terior to all lawn of Congress, by express provi
sion of tho Constitution. similar grant of juris
diction by General Sickles muat havo appeared
-idieulons, had such been insortoti iu his order,
> - the enfranchisement of the Federal Court-..
?U -h moro absurd would it havo appeared had
H, riyilpgo beoii imparted by general order t<
i t ' a States to instituto suit and real i/o
tbo u. ??ytjon against a defaulting puollc ageni
upon ev whoro tho cauBe of action bad ariacr
r,r a debts ?, 19tn pf Decombcr, I860, and tho 1511
holwcoiriD? th? cxpo<i?oney of criminal prose
May, lew.?.V 1M* os taay lodged in tbe discrelioi
eutions ie ? V" IU ttuj- reconstruction district si
of ?J'ofco,?mef^jtfbte. Ia it tobo understood thai
t iBtofco lcotuii, "o t f K or lh0 DStiontt
tho punishment or CO. * , d 8l(ltM ,?,,, Ac.
I ticjpated that upon a loose implication troni
ordor promulgated by militaiy ofilcor, charge
: 4 , ."1' "?. circuiuscriboil loyalty, trilli a a
; civil MUM iunior a provisional systoiu of roston
live legislation, ilio judicial o*tabl?Bhtnonl of II
Hcpublte wan to conceive iteolf oustoil of jurisdl
' turn, stripped ?I iiuthoritv, and degraded to sul
servieney? Was it oxpeetod that Iho judges, i
g?/!*?-'quenco mieti un imphcatioii, would m
lUiitiuUy itirn (hoir back? upon petitioners fc
justice f 11 acema not. 'l'ho construction whic
aiiphes tho order tu question to tho courts or It
Union is evidently an aitor-thought. The orde
is doted lltli April. On tho ?Ih of June tho Cliii
Jualico opened tho court in Hatoigh. 'l'hat Ii
publicly announced, in substance, for tho informi
tlon of all partios concerned, on Iho occasion <
seating himself on tho honch, that it was incorc
?i.itiblu with tho authority of tho national Judiciar
to sit whero a military authority existed whicl
could unpcile its process, and that it was sololy i:
conscipienco of the fact that no such militar
authority thon existed that ho felt willing to hoi
that Court, was rendered notorious by genera
publication in tho nowsiiapors at tho time. Th
older expressly forbids tho institution or proseen
timi or certain suits. Tho Court was held afto
the solemn publication to tho bar and tho peoiil
referred to, and Iho suits in question herein wer
prosecuted, nil in open contempt the ordor am
of all othnr ordete (nudine to hinder tho conslltu
tional indi!|)cndeiice of Ilio judiciary. Yot, unti
after the departure of tho presiding justice fron
tho locality, no steps, as far as I hvvo information
were taken to enforce this order in tho promises
With tho validity of tho ordor, as oporoling upot
iho judicatures of tho States whoso rcauscitalioi
line been confided lo tho uianugpinont of Major
General Sickles, and, especially with tho expcdien
Ojr of il, the prcsonl mailer is not in thu least con
pernod.
I respectfully submit that the caen is ono ol
Ihoso which lio within tho purviow of the atatutui
in forco lor the puniehment of persons who ob
struct process of Iho United States, and is simplv
tho case of a high misdemeanor, legally conten?
plated. Hut iu viow of tho respcctabilUy.of tho
principal offender, and the corresponding dangei
to tho liighor dignity ol tbo law, I understand thai
it is deemed ueceasai-y, in thus laying bofnro vom
Excolloncy the iactH and documents, to annex tc
tho foregoing statement some citations and rotiere
tioiis, wliicb a)ipear to tho undersigned to liotlt (he
gravo occasion o?an incipient attack bvanus upon
tho De) urtine nt of Justice.
TUE pool KINK OP CIVII. SUPREMACY.
It is i-eapectfully HU-fgrstcd as principio, upon
which diflorciico of opinion cnunot ho anticipated
m Ibis country, that thoro ia no rightful authority
here which is not derived from the Constitution
and luws of tho United States.
It would scoili to bo highly impertinent lo at
tempt to establish llmt proposition, and ahuost as
impel tinelli to in gun this necessary result, viz:
tltnt ull military authority must be ie'imediatolv or
directly imparten by, ami consequently dopomlottt
upon, tho civil authority. Action, by military nor
so..b, tborofore, which ib outside of this principio,
must he unlawful, and if done with Intout to ro
sisi that principio, as embodied in tbo Consti
tution and statutes, such action, if overt aud
with arms, is troason against tho United States.
Military powor is but a form in which tbo
civil, which is tho only authority, mauifcsls
itself in actiOD. A conflict, therefore, bo
tweoa tho civil and Iho military aulhnritv
of Iho nanio sovoroignty, in logically im
possible, unless through tho fault of public agents,
vithor civil or military. Tbo laws of a rountrv
must, mid tho ministers of those laws roav, bo iti
harmony; but thoy may not; and this from inno
cent or froui culpablo 'motivee. Theso principle.!
aio of the utmost importance to public order, and
havo been so recognized by politicians of ovurv
school, and partisans of every faction of note, from
tho foundation of tho Ttopulilic. Surclv, no politi
cal part will repudiate, as nono can "exclusively
claim, theso cssontial conservativo principles. No
candid person would besitato to accept their eub
st unco as iudispomiablo; and we may timeeliminato
at tho outset most of the extraneous mutton- tend
ing to complicato the unfortunate collision which
has occurred, and may be warranted, I think, in
enquiring whether it ?b anything in law but a mis
demeanor, in violation of ilio laws in forco for the
furtherance of the judicial power?
Hut the high rank of tho principal offender, a?
beforo uuggoslod. and the salutary public objects
to which his exorbitant action would probablv he
ascribed, no less than the groat magnitude of" the
powoi with which ho could support liTS error,
simuld ho feel justified in such a course, are cir
cumstances which givo the occasion un extraordi
nary character, and inspire the undersigned with
that eenso, both of ils dolicacy and importance,
which domanda tbo introduction hero of the prin
ciples <>t thu subject, an pronounced by standard
authorities.
POWElt AND E ' . OP TUE .IUDICIAI1V,_?,
Chancellor Kent says :' ff? m" origin ami title,
mini willi tho other poivers Of Government, ami la
as ox?luaively veated iu the Courts created liy m- in
pursuance ot the Constitution, as tho legislative
porrai is vested in Congress, or . Iho I'.xcciilivc
power m the President." (1 Comm., 2!H), 2'Jl.)
The Federalist, No. 78, is an elaboralo and lu
minous oxposilion of the central idea that "the
completo independenco of the courts justice is
peculiarly essential in a limited Constitution.-'
Mr. Justice Story euye : "The imjiin-toiico ot tho
establishment of h judicial iloim intent in the Na
tional liovci'tunent lias already been incidentally
discusseti. Tlio want of it constituted ono of the
vital defects of tho Confederation. And every
Government must, iu its essence, ho unsafe ami
unlit for u free peoplo where such a department
docs not exiBt, with |Hiwors coextensive with the
legislative department. Where thoro is no judicial
department to intcrpiet, pronounce, and oxecuto
tbo law?to decido controversies, aud to enforce
l ights?tho Government must oithor perieli by iIh
own imbecility, or the other departments of Gov
ernment must usurp powers for tho purpose ol
common ling obodiotico to the destruction of
liberty." (2 Story Const., ?1, G71.
The samo authority aays, speaking of the judicial
department : "To tho people at largo such an insti
lutimi ia peculiarly valuable, and it ought to be
eminent I. cherished by them. On ita linn and in
dependent structure thoy may repose with safety,
while thov porceivo in it a faculty which is ooly
eet in motion whon applied to, but which, when
thus brought into action, must proceed with com
petent power, if required to corroct tho error or
bubduo tho oppression of tho other blanches of
Government." (Ibid, ?1 57C.)
And further: "The tramer? of the Constitution,
having those great principles in viow, adopted two
fundamental rulos with entire unanimity: fli-st,
thot a national judiciary ought to ho established;
aocondlr, that the ustionai judiciary ought to pos
seas powers coextensive with tho loglsliitivn de
partment." (Ibid, W, fv77.) , , ,
Iho convention whiob framed the Constitution
voted unanimously for tho porpetuol and invinci
ble independence of the judicial department,
(chm.j; of tho Convention, Kd. 1808, pp. 100,
1 ?uureme l?oCtf the Unitod States saya :
? The object of tho Conat:tntion was to establish
three gwut departments of ucve'nmput : tbo
legislative, the exoeutive, aud the Juu.Cl?? de
partments. The first-.vos to pass laws, the. se
cond in approvo and exocnU. them, and Ibo third
to expound and enforce them, tofsriin us. Hun
ter, I Whcaton 320.) ? .,.?
Authority on this poiut is so uniform, that the
above mav conclusively establish tho sanctity, tho
dignitv, and tho authority of tho national dopart
mont Of justice. Troatdeut Washington "con
Bider.-id tho judiciary tho .chief pillar upon ?hieb
our National Govonimont must real," arid irono
diutcly upon the organization of tho Bupreste
Court, addressed to tho justices a respectful lettor,
having previously addressed .each ouo separately,
in which be oxpressed his sohse of the value of
their independenco of operation, and solicited
tboir instruction- (See vol. 10. Sparks' Writinge
or Wushington. pp. 35,8C). I could not with groater
humilitv concludo this psrticulor topic, with my
own gcnorol impressions couecioing it, than hy
ollering them iu tho unimpeachable counsel of
Judge Sjorv :
' N ibbig,'' fcsye that great minister of juatlca,
"ie moro f .icile in republics than for demagogues,
under art tut protonces, to stir up combinations
against the rogular exorcise of syibority. Their
solasi', purpoece are too often interrupted by tho
fliuinoes sac) independenco of upright magistrat.9,
not to niake Hit-in nt all times hostile to a power
which rebukes, aud an impartiality which con
demns them. Th?r ludlclery, i? tho weakest point
in the Constitution on which to make on attack,
is, therefore-, constantly that to which thov direct
thou- assnults; sud o triumph hero, s'ded by any
momentary oncouragemont, echio ces a lasting vic
tory over the Constitution itself, Honce, in re
publics, thoso who aro to profit by public commo
tions or the nrovalonco of faction, aro always tho
nnomios of a regular nnd independent administra
lioii ol Justice Th?y sprcod all aorta of doluaiona
in ordir to nimicati tuo pnblio mit-il end oxcito the
public prejudices. Thoy know lull well t-hat with
out tho aid of ibo pooplo tboir " schotiios musi
provo abort!?--: and 'hoy, Ihnrofore. employ ovory
art to undermine fbo pubh'n confidence and to
make tho p?onlo tho .'.'uHrtiraaiii? of subverting
their own rights and lihort'Se. (?? "??T Conel.,
?1<in-> , .1 m t
Wo must, thou, an wo aeo, recognize tbo Judici
ary as tho third part of tho Government; and loi
us now inquire what iu the sphero of its authoi it.vl
This i the canin as the question, in what brand
of ilio public business is tho judiciary tho supremi
power of tho nation ?
Tho Constitution ordains:
"Tho judicial power of tho United States sha)
bo vested in one supremo court and Id auch infori
or courts ns tho Congress may from timo to iimi
ordain and establish." (Art. OI. ? 1.)
"Tho judicial powor eball extend to all eases il
law and equity arising undor this Constitution
the laws of tho United States, and troatiot made
or which shall bo mudo, under their authority; L
all eaaoa affooting ambassadors, othni public min
intera and consols: to all caso* of admiralty an
- maritime jurisdiction: to controversies to whicl
tho United Stales shall lie a party; tocontrovornio
botweon two or more Staton; botweon a State an
I citlzons ot another State; between citizens of dil
forent Staton: botweon citirons of tho samo 8tat
claiming lands under grants of dureront State
- aud between a State, or citizens thereof, and foi
eign States, eitizeuH or subjects." (Ibid, ?2.)
We eoo here that whenever, within tho torritor
- of tho Unitod States, irrespectively of persona c
of oircnmstancfls, mutter of controvorav arise
which is distinctly comprehended undor any on
L of the clauses above quoted from tho CouBtitutioi
I and which is in snch a posture to bo Huacopl
, hlo of judicial actioii.it must go without udJuJ
cation, or olso it must bo adjudicated by tbo cour
- of tho Unitoti States. Tbl? provision being o
f game, it Is not lo the power even of tlio Nation
- legislature. If (bit body could be aopposod eti
>> I to have madn the attompt, io refer the adjmlio
1 I lion of any ope of euch cases, against tije nonio]
-1 of the pwtles, or in derogaran of the power
tho ju M?tely, to the oxocutivo power, or to any
power or agency whatsoever, l'or esemplo, m con
,OTimeV ^"L'?"; ? a contract between citizens
or ??iaeieiit matos. Undor Mils orgauie provision,
thopartios bav<, a light to put ilio l-ViLral judi
cial^ m motion lur the seltloinent or their dini.nl.?.
und il is obvious that Ibi* righi cannot lie im
paired without tin amendment of tho Constitution.
Ilm 'Judicial powor or the Uuile.l State.-." is u
unit, lu tuo t.imstiti?ion it is mentioned in the
Hingulur numbor; ami the masoning of Ilio Su
premio court in the cano ot Mortili tut, Hun tor, is
to the oftect thai no mucii of it as Ilio Constitution
eft CougrcsH to vest in inferior courts was incapa
bio of aentecation. nnd eon> jqiientlv vest d ni a
wholo in tho Judicial establishment. '(1 Whoatoii,
830). As a power, tltou, it in to bo concoivod of as
oiniiiproeeut within its Constitutional Rphero. nuil
consequently, with respect to tho dignity of lawful
Judicial procoss, Ilio sonico of tlio namo is uol of
tho lcaal mgniHcance, ai,d the laws forbidding ob
struction of it, maku, sccordinglv,no distinction,
rbo contumacy, there fore, whicli would be inoro
nilgar if offered to a writ boni in the hand of tho
Chief Justice of the Supremo Court, would, in re
spect to the consolidated judicial power und dig
nity, bo of the santo logo! quality us irtho lii;i> writ
wad despised in the uuuiis of ?lio humilient sor
vaui of a court of Ibu lowest grade in tho avatom.
IliiH miieh as to the paramount authority of the
Judiciary mall uinttor.4 to which their power is ox
tenuedby iho Conslitutiou, acting through the
courts and oflicors, who aro the orgnn.s the
po ver. To rosist that power anywhere, and m
any matter, within itn constitutional sphere, ?n to
resist the wholo or it, and to aspire to an insuo
with tho Judicial Dstpartniont of the Government.
It might occur to seiae minds thut if this power
over tho subject m-tiers oontldcil to It by the
organic law lie atiprcVio over Hie Legislature ami
thu Esecutivo, and, of rounm, over the military
branch of .ho Kxeontivo, il might, in any given
caso, tie misapplied by the error or the crime of
Ilio judge. Hut tie... liko very other evil with
Which wo may lawtutlv cope, without. In sreord
nnco.witli its piovtH?ti"s, amending Ilio Cottalitlt
tion, has hern untieipiited uiid provided against
iu that iiiHtr.nneut. Eor misconduct, it- peach
nutiit is provide,! ; and for error, the right '. anil
nil uecoaaary tacihlm? for appeal to anotUc. ourt.
The Supreme Comi, it is true, cnniiot be HUpor
visud; but it hon no originili Jurisdiction, with two
exceptions only. Buch in the character of Un
judicial power,' as the only and tinit resort for
the soltlcmont of u class of eases nini contro
versies enumerated in -.ho Constitution. ? tauch,
177, 178.)
liut tho action of the judiciary would liewboUv
m,'fi.vinal, aud Ilio |K>wCT would not lie co-m di
luite, Hillens tho renidt, in a pro|>er Cane, was con
clusive aod binding upon the other brunches of
tlio Government and (lio cutir? people of the coun
try; for all tho proceedings of a court are con
ducted for tho uako of tbo result, which is the
Dual process. A control, then, over the filial pro
cess is a control over tho wholo proceeding, iiut
u eonlrol over tho wholo proceeding is ii control
over tho court, tho judges, and tho parties. This
would not bo controling, but abolishing tho court,
whether bo who abolished it did or did not cou
tume to employ its joilgtii and methods of busi
ness for the admiimtrationof his will. That lu
did ho in ono ease is tho nsmo in offect as. if
ho had done eu iti all cases, for if he did
it by permission of thu court, it was the court,
and not bo, that ?xertod the powor; if he did
it without ponnis aud beoiimi, in his opinion
it was right for In... io do so in (hat cano, lia uiay
do no in any other ease in which bo formt* u simi
lar opinion ; and as it cannot be foreseen what
opinion a man may foira, it cannot lie foreseen in
what case he may think ho ought to interfere; and
ir any case in lia bio to interference, uu ruse ie cer
tain or roaehing a judicial result, and, under euch
circumstances, there can ho no legal iidjudieatiou,
and, consequently, no court. Thm shows the real
necessity or a judicial authority which is soourelv
fortified agaitiht all possible int'erforeuee while the
state of society admite of judicial sessions.
Ruch being tho nature or the judicial fund ion,
and Ilio powers in the Federal (ioveruinent, it is
obvious that the terrltoriU Holds of its operation
is co-oxtensivo with tbo ustionai domain, which,
with respect to tho judicial power considero.1 as a
unii, is a single territory, iiubieet to lie divided
into ulaecH of jurisdiction un may lie most con
venient for the purpose of aduiin?sterinu: justice.
Bui with respect to the subject mnttei of judicial
cognizance it is far ut hern ibs. A large proportion
of them pr?suppos?e, in their existence, organic
geographical divisions, an into Stales, inchoate
States, and the soat of the General Ooferameut
the District of Columbia. Those aro political
divisions. Judicial divisions exist, but they
are altogether independent of them. Three
aro adapted solely to the presumed expedi
ency or administering the Judicial power, mid
may bo altered from timo to time liv Con
gress. They iiiav and usually do coincide In
unnio .lc.nr^....*Ah.r,eii|(J.al ,a other diviaious of
coincident with siieh. 'v>ii>ar.?.
diction. Circuits are ? ? | usually of r.eveial
entire State?., end district ? aro sometimos com
posed ot parts only of diU'ereiit States. This does
not arleet Iho causen of action over which Iho judi
ciary shall exercise exclusivo control. Tor they ro
Utaln tho same ss if each Slate of the Union irta
district, aud only districts wero established, and
no circuits. When a cause of acllon, or a criminal
infract ion or a law of thu United Stales, arises fol
lile action of the Federal judiciary, iho cognizance
of Dm latter is forthcoming, and the only question
is, in which districi or circuit shall it lie taken.
The ronimoi* territory uf the nation is alno sub
divided for other purposes, as for the purpose of
collecting taxes, duties, Ac, by net of Congress,
dirortlv ur through executive agents, empowered
notado, by Congress. Sneh divisions, like tin
judicial provinces referred to, are subject to chango
at tho pleasure of Congress. The recount ruction
Military Districts in thu South are examples of
districting for specilli- mid temporary purposes.
But hero arises a most important distinction be
tween judicial geographical divinum? and those of
any other kind which have ever been created by
Congress. Until tbo 2ith of September. 1789, 11
Stat. 73, et seq.,) Iho judicial powor of the I nitod
Statcs'was not all vcatod. Unen the passage of the
celebrated act of Congress or that dato, organizing
the inferior courts of tbo Unitod States, tho whole
judicial power, not directly vested in the
Supremo Court by the constitution, vested
in tbo courts so created. This proposition
having been laid down after solemn argument by
the greatest of our judge.!, and nover since dis
finted, must bo accoptcd as unquestionable, it
allows from this that the power of tho Legisla
ture cannot go beyond modifying and changing
from timo to timo, as in their wisdom may seem
expedient, tho orgsnization of tho courts and the
divisions of the country into judicial provinces.
But having once vested the judicial power, which,
as we aro instructed, CongresB was bound to do,
that body cannot have the power to vacate a judi
?is) tract. But it is otherwise with tho districting
for revenue or other purposes. Thu constitution
has noi inhibited their total-abolition at tho plca
suro of Congress. But there is another reason
why Congress oould not abolish tho judicial dis
ti " tu of Iho United States, though thoy may, and
frequently do, chango their boundaries. Tho con
stitution pr?vidos : "In nil criminal prosecutions,
tho acousod eball enjoy tho right to a speedy
tr.'J public trial, by an impartial jury of the
State and district wherein tno crime ubali have
been committed, which district shall have been
previously1 as?erl?inr.d by law." (Amcndmont
(Jocatct?Vion, Articlo'Vl.)' A powor to abolish nil
Judicial dlBtiicle would, therefore, tor. power to
abolish all criminal jurisdiction of tho Unitod
States, which would dolcat the law-making powor
itsolf. Tbojudiciil provincoa of tbo nation aro,
tbou somotliiiiR more than rovonuo provinces, or
reconstruction provincoa?employing tho lattor
term tor tibarnoss of distinction. Though suli
joct to thomoditioilion ot their boundaries, ae may
bo oxpodlont. tho terrtor> embraced iu them
cannot bo either oxoneratod from' the power or,
por deprived or the right to, the ustionai rnauliin
ory of justice; except, indeed, when violoncepro
vonts the operation of that machinery, but then
only whilo tho ilitorrnption continues to provont
the regular judicial 6iftlhg*. A violence cannot,
of course, come from tho legislature itaoif; l?ist o?
all, iivoagb a mere construction of its acts, pass
od'with object.-, extremely remoto from such a pur
pose. , .. . ,
What, then, is the sfato? of tbat Judicial pro
vince which is designated by law the District or
North Carolina,'' with respect to the eanctit-? ol
civil process? .
By the aul cf Congress of 4th June, 17W, I ?1st.
126, it is provided;
" The said Slate shall be one district, to be called
the North Carolina District; aud the,o shall he a
district court thoroi ," ote.
By the ?et or 15th July, ls-n; (9 Stai., .13), it m
lu'vviuod, trial ."(ho circuit courts of tho United
States for tbo Distriet pf North Carolina, shall
ho hold on the first Mondvil in Juqo, ? ? and
nil actione, suits, apposi?, racognlsaucoe, pro
c?seos, writs, and proocudiiiRS wjatsoevor, pend
ing, or wliicli may ho ponding in said courts, or
roturnahlo thereto, shall Uve tUv thoroin. and
ho hoard, tried, procooded witli, and deciccd. otc.
In this sot repealed Y It will not bo protended
that en act, of ( Congress of tho United Steles
has ticen ropoalod \,y rlrciimstancos. If over
(ingress has impaired a constitutional Judica
ture, onco cstnhlibhed for tho people, it ? ? uni
by any implied ropesl; nor could it bo dono by
any liOpliMiipn, but such as could bo recon
ciled with no Other rpaspnahlo iiiterprttstion
of tho statute supposed to won* such ropet... in
Uiorprosont inattor, howevor, tho; (ipjios|lo itii
plieefion. from an aot which took eneet on tho
samo dsy with tho Bret of tho neconslrnctiou
acts, amounts' ??nQat to an ?Press provision
for tho continuance of the NorJh Osrofiris Pis
trieL in common with ?[^O&^Vj^fXL
" ? the Chief Justice of tho United States
and To Asiociate Juatlces of the Sapremo Court
ehaU bo allotted amone tho circuits now existing,
bv ordor of the court, and wlienovor a now allc-t
Tho circuits (aud er.nsequontly tho districhi
composing them) "now-existliif;," ?. ?'?. ??" "*
on tho day tho first o? tho reconstruction measures
took oftcol, wore thooxprcssbauisof the allotntciH,
to authorize whloh was tho obloet the aliove
cnoted provision. Tho possible "alteration ?
said circuits was anticipated, showing that uniti
ono or more oircuKs Bbould bo altered by law,
hey M'Oro not to bo otherwise recognized ttinti as
hcrotoforo. Aooordmgly, tho following is of ro
cord In the Supreme Court, undor dato or Moiiusy.
April ?, 1867 : . , i?
"Ordered, That tho foUowlne allotment is inailo
of tho Chlor Justice and Aasociato Justlcos of Dio
Supremo Court of the United States among ?'? I
courts, agroaablo to tho aot of Congress in such
caso mad o and provided." '
Tho assignment of the ?overa! Justices is sub
joined, among which the following, appears:
"For tuo Finitili Circuit, Salmon '. Chaw, Cliiof
Justice"
The tirsi section ot lka id of Congress ut IStb
July. 8?'.7. passed when rebellion ?a? in full head
way, thereby showing Ihat the interruption of I ho
sessions l>, rebel vtoteiije wa* the unh chungc
which fuugrcs* was willing tu retwgidxeiu tuo Ju
dicial li.uh:.-*., provides:
fli.iv.ili.?. I!..? Diatrift? ?f Mai il uni. DobtWJlY,
tirxima ami Notili Uarutiiia -hall uoiwtitulu tttu
louitll Rheidt." : 12 Slat., 57G.)
Um tiuiM mail.- .apparent, nut only bv ?arllor,
hut by ?utitoni|Mrauooua kigutkttio?, of ilio eauio
session, by tin- sanio imliviiiu.il itiombora, and al
most un tini suine day, Hint whatever, under Ihn
Constitution of the United States, oilhcr of ?
Inori tv or jurisdiction, ntlachi'U tu thu districts
and arcuila uh Uh? ?land in tito otalulo hook, was
intended to be, and must lio deemed nuil hold lo
bo, of full forco ami virtue now nu betretoforo. IJut
rro have seen timi u tract taf country, composed of
Statua or |inrte of Stateti, once brought under the
?puration the , judicial jionor, cannot, without
rovohitioiiary violoiice, be deprivod ofor exonerat
ed fmin a. Violence is tho only recognized excep
tion, und that, by Congress, us wo niiall liereofter
Nao, in leo.gm/.eil only while (ho violence Inat*,
and then as an mila?lui der igatioti from Un- ludi
cini piitvcT.
If it Ite adutlUod that Ihr judicial power is in
tact in the iliHtrict i?r North Carolina, tltoutch tho
Hiilijecl Iiiutters of its authority air limited to a
category, it is ootiatM that upon Uionu attbjoci
iiiutturH. the courts of the United States for that
districi arcllio supremi: authoritv of thu (failed
Slates.
Tlie high prerogative of Ute independent judici
ary may be well illustrated, in closing sketch of
the Mopartinoiit of .1 usi ice. In n word respect in;
Ilm conclusive anil binding diameter of a Jude*
meut at law. It may be rendered even by mi in
jchoi- court; but, if the court is competent, the
judgment may bo defined to bo Ute vorv law of
the lami for the particular mutici adjudged (
(tanjo, 280). To ",ins|>oiid" a judgment in ii man
ner iii.i pointed .on by law in. therefore, losiisncml
Uto law. Luti cmTml-iUu *,?..,? i lavs :
' Htrra is no pri-.cipln uff law tor sunn <i;n.
that every act oTn comi of aompetont jurisdiction
shall bo presumed to have been rightly ilonu till
tho contrary appears. * ' So "long nn a
judgment remains in forco, it is in itself evnlenen
of Um right of tho ptaintiffto the Illing adjudged,
Bttd gives 1 lina , rieht lu pinces* to execute Ilio
Judgment. The error? of the court, however ap
parent, min hit examined Italy liv an appellalo
power." (Vourhee* pa. Ills. II. ., Peten
472,473).
Study we need not impure whether the Legisla
ture ol the Untoti has attempted lo vest in par
ticular executive or military oMcerri uu "appellate
power" over judgment*, -'however erroneous,"'
which have been pronounced in a court of tho
United Stute?. Let the inquiry rather be whether
tho right of oxocuting process which has issuud
upon such a judgment is anything olsc but ono of
the very "rights of person a{id property" which, if
the piaiul ill Reeks to execute it Within one of tho
rceonstruction districts, the commanding ofllcor is
charged to "protect? by Ilio expr?s* terms of tho
toeouatruuti?a lawn? (Actol -2d-Match, 1 7, sec.
3.) It must ho beyond dispute, if the authorities
anil (he statutes ivhioh hare been introduced are
accepted, that thu rigid of litigating in tho federal
courts, and the right of being Intu? in thetn for
violations ol Ilio criminal codo of the United
Stales, and. of coulee. Ihn duo conservation of
(heir authority in every form, lit! part of Ihe
rights a be protected and Ilio duties to be per
formed by the respective commander* of iho rp.
rniiiiiIldiim districts. In this view, the error >?
finterai Sickles reaches the fall atatuni of ? per
version of authority, which, it persisted in must ,
immediately acquire Ihe character ol the crime of
levying war against the United Status, un under
taking which would not for s moment ho imputed
10 the deliberate intention of an ottici r h.ral.lv ?
itetinquhwirtl for Iiis gallantry in defence of the ,
Constitution.
Hut, it ion lit be said, may there not have been
t doubl es) to jurisdiction ? Certainly in Ibi*, as
in ailV other matter there may h ive been u doubt,
mit it ironld insult tho intelligence of the com- !
Tianiler of the Second R.'construction District to !
Inquire ?holliei or not bo supposed himsult an
ihorlzcd by lavi to forbid the Supreme Coin! of
the Uuitod Statoi from hearing cansen fleet im; 1
aei'.-.oiis inhabiting the Stat.u North end South 1
Jarnvitu, without hin consent, Naturally no per- ?
ion cottili hed?ale whothi r be batlMteh a newer, ?
aithoiii coii-idei'iiig whether it Wa? imi lim duly
0 coerce liti? Court by arms ir ii should resist ?
lint ? We must lake it to bo certain that it could 1
liavo been m ihe oiileitiplatiou of liciterai f
UekkM, when issuing his Order No. 10. to dis- j'
iute with his sword (lie authority of the .Supiomo
tench. Vot? it i* equally certain, that If be had J
icen disposed to aseertiiiti his authority, through
. atMiidH'?lioa by a comp?tent court, ? decision 1
night ", ui???**}*lth the greatest l.icili- 1
? judgment tvas then adverse to Ihe power ol
lenirai Sickle., it must liave liecn easy to pro- J
uic a hunt und cotwllteive d?cision ni the .
''iiprenin Coltri on a writ of error. If
hat oilii er had a dbiiut on this subject (hen, he
IMSt have known IllC only lawful cnur.se Itti
?liitiou. When- a difference arises between u
iiihtji v agent and iiioiirtns I.? the jurisdiction {
if the lattei-, and the former presume* to decide
t for himself in his own favor, the act can hear '
tat iti Iter natie' ll.uii usurpatimi. Itili it in: Im
IlliUgllt he did s.) Only as to the infermi' omi t, und - ?
ml it.. lo Hie Supremo Court. .Nine, though he 1
nay not have snsp.eled Ihe fact, a moment's re- ,
lection must show that the iutei lereneu which in 1
inder coiniider.itnn. was an interference\liV lien- ^
rial Sickles with the judiciary, including tlic Su- *,
iremo Court of the United States,ns a whole, and .
he toree which, through his Hiihor.liiiite, Colonel .
'rank, was threatened against the proi?aa of the !
?lCllit ('outi. caituot] think, be distinguished '
11 Ii.vv from a similar thieal, rudely ilireot- ;
d, to the imlgt-rt of thu BnurooMCourt ut Wash- *!
ngtoii. ?> pi-ocess, which was in Marshal ?
loodlne'a hands might, and, indeed, lor j'
ught that appears here, may hate bocu process !'
>sued m pursuance of a tnamlate from theSupieme '
!cnrt, remanding a cause with directions for *
urther piOccedingr. in conformity to the decision l?
filial court. A control over such process, as he
iiro remarked of any final process, would bo a con- ?
rol over tuo whole proceedings, and the conrl il- 1'
ell. \t? august judges of (heir judicial will. More
ver. if final process may be controlled by the ;
rdcr in quoatlon, so may mcsnc ]>roceas. or any S
top in luigation ; lor the order oxprcaaly com- H
lands that ccttaiu suit3 be stayed, and thnt liko
nits, not yet initiated, shall not be instituted. If .
he interference ol process which is now in hand J
oil.l be justified, so rould an effectual interference, q
t any stage, and in any case, at his pleasure, in '
ho Carolinn districts, be inailo by liciterai H?cLIch
prevent all appeal to the .Supr?mo Comi. This, T
oteiilially, is ousting Ihn jurisdiction of tho Su
reme Court itsell, abolishing thu l'olerai COUrta
s such in tho locality, separating his district in
tie vital particular from tho national body politic, |
ud depriving Congress, tho Executive, and the 1
eoplo. ot all mcanu of onforcing his subordination '
a tuo United Statod, except by torco ol arms. Tho
irtiiiHofnr.iimiiii.iv bo permitted to autborixo I
im to aspiro to so daugoroua an iiidepcndouco of
lis fellow- .'itizens.
Ho, if tL?ro had boon a doubl who the r tho pow- l
rn of tho Unitod States Courts woro nffoctcd by
ho iccuiistriietloii lawd, the proper way to solvo it i
vas the very thing which would bo totally ucclud- |
d by tho violent action which has becn'takou in
ho promises. Hut is there so much au a doubt V J
THE llECOKSTnrCTIOM STATUTES. .
Three acts of Congress pass under the doeigna
ion of tho reconstruction laws, viz.: thoso ol tho
id March, tho 23d March, and iho llllh July, 18fJ7. ?
1 ie picamblu ut the Ursl doctores u alato or politi- t
:al and asciai dissolution to bo impending or s
tcluallv oxistiiiR In sovural States of tho Union, c
ind that, in conscqucnco of their condition, and r
[or tho purpose of effecting their restoration, the 1;
ironoatid UgiiiaUf.n km. Ucouio necessary'. Sup- i
[losing Iho conditions to bo as doclarcd in tuo c
preamble of (he erst act, theso statutes t
iro to bo treated as eminently remedial and t
-onscrvative. Hie Slates being" prostrato, in (j
ihe opinion of Congress, the ohicct was to restore ?
them. But tho legislative snu esecutivo depart- ?
ment? of tbo Government, partock in no degree
3l the prostration, as wonld bei'conceded; and how
much did tho judicial doparltncnt partak? or it?
If (h? object was \o r'econstnicl what bad fallen 1
into min, so that it should bo restored ?.& good
order, skull that which is in ntvy* order bo over
turoi'V Ontl?na?V, WtUti was left of order w.ae to
bo conserved, and what was in diserdev was to
ho roatorotl In roapoct to tho revenue, tho mails,
etc.. I have hoard, of , sudi dostructivo inlerfer
once; but in respect to tho courts, tho disposition '
is exhibited to dostroy. Yet the whole ? of
provisions in the aororal acts contains nothing in I
which I can percei vo a attorce for euch on astonish
ing misconstruction. Un thocontrap tbo follow- I
tng cet, which, like Ihn act rotatimi to, ilio nllnt-,
ment of Justicie, look etfuelOn Iho ?. u o ilaty ?Hb i
tho carlieet of tlie reoousti aotlon acts, appears to
tloniniiatrato tho opposite view: ?
"An Act lolallnc to Appeals and Writs of Error to i
tho ?upromo 'Court.
" lie it euaeitd, ?tc? lliat whero any appeal or 1
writ of error has been brought to tho Supremo (
Court from an Anal judgment or decree of an
Inferior court of tho Unitod States, for any Judiaial I
ili h t riet in which subsequently to tho roiuhtioai of
mich judgment or docrco tho regular sessions of i
aqch ooqrt a, honn suHpnudcd or interrupted by '
insili r? ii.m -1 ci.clii,m, such appeal or writ of
error shall ho valid and effectual, notwithstanding
tip- timo limited by law for bringing tho same may
havo previously expired; und in cases4whoro no
appeal or writ of error baa been brought (rom any
Bu,ch judgment or decroe, such apposi or writ of
orror may be brought within ono year from the
passage of (his act. Tho provisions of this act
shall not apply to any caso in Trhich tho right to
bring an apponi or writ of orror had expired before
auch snspoobion or interruptions of the rogular
ncsiioiis of tho coprt." (Section 1, Act of Mm ? h 9,
1867.) ? , .
Tbio tri. if regard be had to its special object. |
may bo lakon to bo in pan inaterin with the re
oonslniclkiu laws, and to the like extout, undor
tho rulo, tliev nro all to bo road as ono law. I.iko
tho three acts above mentioned, tho object of Iliin
was to remedy miseliiof, whirli bad anseu out of
the rcboliion, bot for tho purpose of this remedy
the judiciary, aud not tho district commander
woro to bo tho instrumentality, lltghto ol appeal
which had not ypt expired by lapso timo ?ero
cut off by circumstances. 'iVso circnutatuncos
continusa uujil Hi" limitation oxptrod, and with it
tho t ight, after which they i caacd. 1 ho object,
now, was to revive said righta. Tho circum
stances which had intervened, and which, had
now ocaaed. are denoted In tho a?l. Thoy aro
thne doflned |n It ?, "T/bo regular sessions of tho
court havo hoop suspondc^ pr interrupted
by insurrection or rebellion." Thlu *0t by
unmistakable. Implication, aho'ws, on Iho day
ot passing tho principal reconstruction stallilo,
that with the exception of the suspension or iu
torniptioii . h,, legulnr sesamiia ..i Ilm court Im
rebellion, ote., u,,. ludi?la! utlnbHahiiieiil iraMuor
arti} i'ii i. t. as ii Ibero i,.?i in ? mi ri-bollino uml
no ov?mmhi loriest.ii.itn.? I. gisl?tioii. 'rimi ihn
only interruption Itati, Iti the numi m (.'tingi,-.h
wholly passed away, at least, imi Ilio IM Maruli l?
uvi.lc.it tinn? in,- tari lliai lite ?et v,as omuuh?
Kiantlngti thing l.t I..? .tono mm dm Ihil oturota
cumini ili-.1 It) auch litici itptiou il cuulil noi bava
boni itono form-rly. at-d icimring iim it be dono
williiii t>m- yen- belici', :ts ollierwiHO the Uniti
whi.'h, tu ilio alMOtiuoof interruption, rana again*!
Ilio light. Kltall run in Iba disti iris ivboro the tu
ber lo til." effect, a? il runa elsewhere.
Midi, in respect tu its digiiity, ita poorer, ami
tbc unimpaired Inlogrity of ils iiiaotiiiioiy, is tim
judicial iiiliiblisbmuut taf Ilio Uniteti Wales. Tu
guard tu airpromacy in Ilio sitaiinini ration o? jua
neo, Congress baa provided storti laws.
l'CNIHUUEXT FOtl IinslS 1 - 01 . AUTIIOlirrV.
Tho following provisions, among otbors, beloni'
Itero :
If' any p?mon or peraotta shall knowingly ami
wilfully o Mttroet, resist, or oppose anv officer ol
Ilio nit. il States in sorvitig, or attempting lo
?orvii or execute, any iiiostic process or warrant
ur any rttki or order of any or tbe Courts of tin.
Uniteti States, or anyotlior legal or Judicial writ
or process whatsoever, tir sitali assault, boot or
wound any OtUcor or Other person ihilv uiithorizoil
in serving or executing any writ, rule, order, or pro
cesa or warrant nloreaniil, over* peraou so Itnow
Inifly anil wilfully offending in tho promises, Hbull
on conviction thereof, bo imprisoned Dot exceed
ing twelve montbs, and lined tint evcc'diii" I bree
hundred dollar*." t Act .Will April. 17!?t), section 23. >
Tho offence of obstructing process eousists, Hayn
Mr. Sttatico Washington, in refaaing to givo up
possession, or in opposing ?>r obstructing ihnoxo
culion of Ilio writ, by tbrcaU of violunec, which it
ia m tbu power ol thcnnitv lo enforce. (United
Hiatos vii. LO wry, 2 Wash.. MO.) Anv obstruction
to tho free action of Ilia oflicor, or bla lawful us
sistniits, wilfully plaeetl in Inn way, for tbe pur
noso of alattrtteting him, la sufficient. (9 Curtis,
C. C, 39.) Ami what is "procesa" undor
leni *8ri T,'?, r0,,r'11 "??>>' >' embraces a ??,??
cofcu. t ??onT^OT?! S?fUl0 mai-iHlmlc, o,
cmiimisHiiuicr, acting 111 tuo duo administration of
nui' law of tho Unilnd States. (United Sluice VH,
Lubina, :i Waah.. 333.1
Again :
"if any pci'snu or norotiiM aliali, oomiptly or by
lineate of force, endeavor to induoiieo, intimidate",
or impelle any juror, witness, or oflicor in any
court ot the United Stales, in the iliachnrgc of his
duty, or aliali, corruptly or by threats of force,
obstruct or impede tbc duo mlmiliislratinn of
justice therein, every pcraun or rentaos so offend
ing shall be liable In prosecution theiofor, by in
dict tuoni, ami shall, upon conviction thereof, bo
punished by lino not exceeding Ilvo hundred dol
lars, or by imprisonment not exceeding three
months or'hoth, according lo tbu nature ami ag
gravation of tbc uQoitcc." " (Act of 2d March, 1831,
section 2. 4 sut., 488.)
Those laws ore in force. If tbu President could
he supposed tobo willing to suspend them, it is
certain that be ban not tbu power. Ilo must, how
ever, execute tbe Inns. What, then, abat? bu
tlonu with these? 1 aliali consider, before con
cluding, tbc peculiar energy with which tbc oxeen
livo department ia bound to act where tbu prurog
ativea of tho unarmed but majestic judiciary are
inaiiltod. The oxocution of tho criminal laws of
the UuitoJ States, unit especially till such as aro
iuteiitlud to guard judicial authority, belongs, un
der the l'rcaiilant, to the supervision of the Attor
uoy-Ucnoral. It happons thus lo devolve upon
Ibis office to rotteci the indignation which the law
ell COO rages in .bo judicial breast against an insub
ordination ?hielt, when it refuses reverence, des
troys power, unless tbe department to which tho
national sword is oontlilcd puls itself in inutiou
lor tbe vindication of Ilio constitutional ministers
af justice.
tuipoxaiMLiTT or the rxccmtvr.
It is not u bont diflidcnce Unit tbc Importance
d tbe occasion evokus a further autl limit lemark
ouchiug Id- legal rcspotiRibility beruln of the
i'residont of the United States.
Whatever bceomea a law, contouipluteu for itself
list it shall bo executed. It U tbu- with tho
evenne laws, the postal Iaws, the criminal lana,
mil tbe military lawa; and it is ihm. with tbu ru
'onstruetiou lawn, which tbo pruacnt executive
eels bound to carry into effect, in their (rue intent
mil meaning, ascertained UIHMI lllOMO pi incip'.ca of
nterprctatioti wbictt are tbcmaelves a tacit but
.iibstautivo pait of till stalutua wbutsnevcr. Ilm
ill Hit lawa of any country must bu prosuiued to
.ein harmony w'ith each other, und, tberofoie,
honid they appear to cunUtct with oacb other,
he rueoiiciliatiou of tliom is a judicial work, if,
indcr the conili lions of the caso, lito discrepancy
s capable of Judicial action. If not, still, as the
nM) WnoinUBt oTncifio' musi nino, 'to m?t cxient,
ulorpreithu law?. If lito Cotodilutiou Ite on* ?
be laws in t}Ucstioit, the principle is, of course,
lio aamo, uiilesa, indued, it lie of stronger appli
aliotl. (Ubiof Justice Marshal, 1 Orancb, 177, 178.)
Vat the purpose of Hi?h cxeeiilkMi of tlm la?a,
lOwcver, there must be an executive power. This
muer must bu veatcil, or olao tbo country has no
bnatitiitiou. It may bo treated, aa the judicial
aiwer iiuderour tlovernmuiit is, in soroial pel
ona or ilopartm?nta; or, as m sowe i^iiitiiea, in
largo aaaoittbiy; ot it may lie vested in 11 single
iiilividiial. Whorcvur it ta vested, Iberp ia the
orrcsponiting respoiisitiilily. If tbo courts of
natica aro to be protected from tlegradation, it
an only lie Ibrougb the executive power of tho
ilute, it cannot bu by (lio luw-niuking power, lu?
anse ila lawa nro 'iuuurctual without cxeeit
ion, and that ia impossible, against ?.-si.-t
nco. without phrsieal force. This, then, ia a
aac for BxeoUtive intprveiilion, which, considering
bu trauscendaut valuo of an inucpeiideut judici
rv, iaof tho utmost sanctity of ubligatiou, uiilesa it
hall appe:.r that tbo independence of tbo judiciary
not attacked, but only that the elocution of a
tv.-, by nit executive agaul, involves a contlict will,
be protcnaioiis of the judiciary. The Inltor would
com lo tie tbc viow of the officer charged with tho
xccution of tho reconstruction of tho Carolinas :
ud bo ia au executive officer. Out jurisdiction it.
judicial question, and one which tho judiciary
a?, 111 this iualnncc, decided, and decidrd against
he oxocutivo officer. Tbo laitcr, not ncquicscing,
he caeo would resolve itself into c.iso of a
oUisiou between tho Executive, and tho Judicial
lopartmonts of a common government. That dc
iucs a revolutionary rehtiou between them.
But has that revolutionary relation arieen? I
liink not. If the Ei.eculivo 'power of the United
Itatea n.i>iRlB tho judicial power of tho Uuitcd
li?tes, there ie, indeed, such a ?olation. But the
'mint limimi of tho United States pr?vidos?
"Tito Executive power oliali bo vested in a
?resident of the United Status of America. " Art.
I., sec. I.
All powem of tbe Federal Courts run in the
me of the President of tbo United St.it??.., be
tauso the mandates of tbe court call him to notion,
is tin", do all, to Kubmissioii, and ho must uxocutc
hem as laws of the highest sanctity by tbu whole
lower of tho nation ir necessary.
Is your Excelloncv in a atalo of coiliaiou with
bo national JudiciaryV If not, aiuco tho whole
ivcciitivo power is thus vested in you by tho or
inole law, and can bo divested by nothing bui a
ihango of that organic law during your incein
Mitioy. it must follow that tho "collision of uuthor
ty" which is the subject hereof, is tho moro mis
lomoanor of a contumacious and unfaithful oxocu
ivo agout, who having offended against tbu lawful
tower of the judiciary, has rendered himeolf liablo
o prosecution according to law. But thu groat
ceponsibility which appears to mo to ariso on
luch on occasion, whore the physical powor of
ho offender ia great, is this : that for tho
iole Executive to aufler the Judiciary to be
iverturottn in any case would bo poteutially to
iverthraw it himself, and, therefore, I am solctun
V impressed with tbe belief, that unless tho Pres
ident promptly represses the contumacy thus die
losedto him,, he will bo exposod to tho just impu
at ion of a culpablo insensibility to tho co-ordinalo
Ugniti" and paramount sanctity of tbo national
l?partment of justice. Contempt of law indulged,
pecdilv grasps at tbo heartstrings o? public order,
to teaches history.
Very respectfullv. your obedtont servant,
* JOHN M. BINCKLEV,
Acting Attoraey-Qenersl.
Akobew JoHxaoN, President of the United
State*.
The Iuiltituy.
In Ina testimony betoro tho Tudt?n Commission
iiiwiat tbo West, Ueneral Hancock aaid :
Thero was no aecuri. .vlutuvor for transporta
ron ami travellers on my part of tho Plains.
leraon is liablo to bu uttacked ovenifhobaHa
tuiujted moa with him. Vigilance is tho only
lately. 'Hie Indians nro making 1 aids constantly
11 small or largo bodies. It hi bcliuvod iboro aro
10 Indian familias botvic. tho Piatto and tbu
xrkansas, They aro oithoi north of tho Inatte or
u.utli of tho Arkansas.
Tho exponaos ou the decorai Department have
icon those of a poaco oaiabJishment, with tbo
!xcoptioit ot a small qnantity of forago sent to
iliacos where they had none, and with tbo excop
llwi also of Tour hundrod Kansas voluntoers, who
ivillnotbo paid untd Congress appropriate? the
Tunde Our troops bavo had no remount this year.
exponse of transporting goiala tbia yoar la
muoh loss than ever boioro.
Of battilo warriors tbo Oonoral estimated! thai
the Cboyonnea uumbor about torn hundred the
Arapaboes fear hundred, the Kiowaa tlvo hundred.
Thero aro bat fow Apaches of tho Plains, probably
four or ftve hundrod. Fifteen hundrod or two
thousand will cover all engaged botwoon tho Ar
kanaaa and the Piatto, that is, loaving out Iho Co
manchP9, who number about throo thousand,
Thero Viaa one case, in October, I8Cti, where
anus were furnishod to tbo Indians by our agent,
after being officially notified that they wore inclin
ed t<> hostility. Mr. Bogy, tho Indian Commis
sioner, gavo authority to sell arms, after ho was
notified that tUo Indians were hostilo, and defend
ed the right. Tbo universal tebtimouy is that tho
Indiana are well armed with pistols and rides.
Tbo Iudiaoa always plcrco the bodies of whito
persone they kill Witti arrows. Tho friends of
persona killing him, all put an arrow into him.
Thev never h?rn powder whon tboy Can use ar
rows. In ambuscades thoy uso arrows. Tho
principal mon ato armed with Aro arms, and tho
others with bowa and tnowa. The Indiana do
not light oflou, unless they aro of very eupcrior
numbers. Thoy do not ftght without an advan
luitu- Whciiover thoy dud their enemy propared
they givo up,
Tho Jndiina avo now corryuiH on tho war with
all tho now improve monts. Thoy have flold glass*
os. We found a gloss at Fort Wallace They
conio up like a rogiment of cavalry, and appear
like a, regular regiment. Tho chiefs stands with
a mirrili* and throw rctlcctious as signals which
tbo men obey. They have signal men all around.
.a. xviW^ V LY J-j OJliiN TS
ittT 'Mie ttnlutlvrs, I irmi? und Acquimi)
uecHOl Un. Uie Sir?, J. WARD SIMMONS, and ut ,.?
?Marli, Mr'. H. T. RoaWSuN and Mrs Kiciunu !.. uiik
are iiiv'teit lu allenii Hie Funeral Service? of Uiu lui tuj
ut Kl. Philip-? church /?.? AJUnmm, stbalfpajt t'i?
" el'jC. September t
LOOK OUT!
OR VOI' \ , LOSE FORTUNE.
"Ii: HALE tu- TICKETS. OHOItUIA STATE LOTTE.
KV, in the (intuii Extra Settata? ol September Mb, CAI'i
TAL PIUSE ?vo.ntw. Tickets only Ono Dollar. Ctase*
THIS DAY, at ? P. M. Ottico No. 20 BIIOAO STREET.
Septcuibor ,
ONE PRICE
CLOTHING vtr^Tjam
MAGULLAR. WILLIAMS i PARKER,
Mann Invi urer.s, Jobber.h & Retailers
or
Fi NE AND M ED FU AI
CLOTHING.
WHOLESALE
AND
RETAIL DEALERS
IN
GENTLEMEN'S
mm wm.
pORNEIi OF HISEL STREET,
3 I-I A li I. S ON S. C ;
August 30 4uni
S E C I Al M OT I C EsT^
??T LOOK OUT, OU YOU NULL LOSE A FOR
UNE. THE SALE OF TICKETS, OEOROIA STATE
OTTERV, lu the (Jrand Extra Schema of September
lb, CAPITAL PRIZE ?20,000. Tlcketa only Ona DoUar.
loses TAii Day, at P. II. OfBce No. 20 BIIOAD
riti ET. 1_September 3
?ir FINAL NOTICE.?ALL PERSONS HaY
^kl demands ngafust the Estate of the lato JONA1I M.
ENSTMI are requested to render the same, aud tboia
?epi' ml er II tulliiuS?_Executor.
?3- CHARLESTON AND SAVANNAH RAIL
OAD BONDS AND COUPONS.?By decree of the Court
' Equity, on '.16th of Jauuary last. It ss infer alia or
?red, "That the said Trustees, lasse W. a , Eo
AUU SenRiNO, and Joun E. C.vncw, do forthwith pn>
e.l lo call, by public advertlseuieut In uno or more
?..pip?is iu Ibis State and elsewhere, upon all persons
.idilli; Hund? and Coupon? of Bonds secured by tbu
Irst Mm t ru,,.-, to pre scut and provo th?lr demanda ou
r before the first July next." This order having, beau
implied with, no Bonds or Coupons not hitherto prv
mteU will be received, sud pu ilei who have heretofore
resented Bonds and Coupous, without Itaring tht i,me
tar Amid* of Ihr Trutttti, am hereby outlaid that uu
is they are bmii?hl forward on or bel oro the Utili day
r S. plomber, Ibcy will not ho received.
1. W. HAYNE, )
ED. SEBRIN?. J TrusUos. '
JNO. E CAREW, I
September a _ _tul s3
ST CONSIGNEES PER STEAM SHIP MArT
[ A arc notified of ber cargo lietng Tt.it. Day dls
tiarged at Adgcr's South Whsrf. All geoda uncalled
ir at sunset will bo potitirtly stored at risk and cx
enac of ormcrc-. STREET BROTHER9 A CO.,
September 3_1_Amenta.
tSrNOTICE_CONSIGNEES PER STEAMSHIP
E . are hereby to titled that aho le this day
((charging cargo at South Atlantic Wharf. All goods
naming on the wharf at sunset will bo stored at ex.
case and risk of owners.
JOHN A- THEO. OETTY, Agenta.
AU freight anionnting to fifteen (15| dollars or lets
inst I.e paid on Ilio wharf botora delivery of goods.
September 'J _ _2
AST REGISTRATION NOTIOE.?THE BOARD
f Registratimi tor Wards No. 6 and 7 of tho tth preciucl.
eld at Ihn Eaglo Englue House lu Meeting t treet, will
held at that place, ou Afimifay, Ttiajday and IFednri
ay, tho 2nd, 3rd, and 4th September. Registration for
>'ards No. G and 8, will be bald at tho Washington
u gl on House, Vanderhorst atreet, on TAunday, Friday '
Dd Saturday, Iho 29th, S?lh, and 31et August, from
to 3 o'clock each day.
NATII!.. VI,I K. Hrnr.
Clialrman Boanl Registration 4th Precinct.
August 30_eng2o 27?opt3 a
~ 3" STATE OP SOUTH CAROLINA, CHARLES
ON DISTRICT.?DANIEL B. BTLCOX sit. JOSEPH T.
RAUN.?IN THE COMMON PLEAS, ATTACHHZjer.?
rborcaa tho Plaintiff did, onthe26lh day of February.
?G7, file hie declaration against the Defendant, who (as It
aald) is absent from and nlthout the Umita of Uia Stats,
ad lias neither wife nor sttorney known vit tun the
ime, upon whom a copy of aald declaration might be
rvod :
It la therefore ordered, that tho said Defendant do ap
ear and plead to the said declaration, on or before, tho
7th day February, which will bo In the year of our Lord
?C8; otherwise final and a1 ointe judgment will be given
nd awarded against him. J. W. BHOWNFIELD,
Clerk'a Office, Charleston District O. O. P.
March 2_Jane 3. sept 8, deo 3
?-THE ATTENTION OF THE FIRE DE
ARTMEN la called to lbs following regulations :
Any Volunteer Engine running on soy payment in
ltber the Upper cr' Lower Wards, where the stiestie
?ved, abati pay a fine of Fifty Dollars, sud any Ward
E?gUM) eommlltiiig the samo otfsuca their pay shall be
topped. The same rill* shall bo applicable to lbs
larlols.
Every Volunteer Ku?lue Company shall hava elthsr
ioUs or a gong attached to llielr Englue or Reel, and the
amo ahall not be muffled, either golug or returning
roui an alarm efflro. The same rule shall be applica
le to Ward Engluea, but no Engine ahall return from a
to faster llian a walk.
No two Steanirra aliaU work at tho aamo Fire, Well.
Ine Volimiecr Hand Engluo may draw water from sama
Veil where a Steamer la diuwing; aDd if two Hand Km
Ines arc at a Flro Welluo Stoamrr shall be allowed to
ise the same.
Two or inoro Slcaiiirm may dnw water from a Drain
'It. H. M. HTROBEL.
August 20 Clark aud Sup'l.
OsT CHIEF QUARTERMASTER'S OFFICE,
IECOSD MILITARY DISTRICT, NORTH AND
'AROLINA. CHARLESTON. S. ft, AUOHST 17, IMI?
IEALED PROPOSALS will be received at this office
inul 12 o'clock M. on Monday, the 101b day of Heptem
>er. 1867, al which limo Ihey will be opened, for the pur
haw of the following property, viz:
Wrock of steamer DOSION, in Asbepoo River.
Wreck of ttoamar OEO WASHINOTON, In Coosaw
illver.
Wreck ol steamer CHASSF.uK, in Scull Creek.
Wreck ol steamer RANDOLPH, Id Charleston Harbor.
Wreck of steamer ETIWAN, tu Charleston Harbot. .
Wreck of steamer KC-BY, In Light House Inlet.
Bidden will state the. amount offered for each wrei k.
The wrecks will be sold separately and to the highest
blddtr, uultaa such bid be deemed unreasonable.
Propoaala mutt bo sddressed to the nnderslgued, and
marked "Proposals for purchase of wrecks."
R. O. TYLER.
Brivet Msjor-Oeuorsl, Chief Quartermaster,
Deputy Qu arteria inter General. D. B. A.
August IV_25
ffff ARTIFICIAL EYES.?AJITIFIOIAL HU.
MAN EYES made to order and Inserted by Dra. F.
BAUCH and P. GODOT.F.MANN ifortuorly employed by
RoissONNEio, of Paris), No. ' jo H road way, New York.
a pi ti u ire '.