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

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VOLUME V.NO. 635. CHARLESTON, S. C., MONDAY MORNING. SEPTEMBER 2, 1867. PRICE FIVE CENTS TELEGRAPHIC. Our Cable Dispatches. ' PASOS, September 2-Tho Minister of Foreign arfiarsnas issued* note to tho diplomatic repre? sentatives regarding recant events ; declares that tbeanapioiou? meeting at Silzburg should be re? garded cs a fresh pledge for the maintenance of the peace of Europe. , JBSBLIN, September 2.-The city elections resul? ted in the choice ol' radical members to the new Parliament. LONDON, September 2-Noon_Consols 91i. Bonds 73$. LOUDON, September 2-2 P. M_Consols down 1-16. Bonds unaltered. Weather delightful fe' the crops, LTVERPOOL, September 2-Noon.-Cotton quiet and unchanged. Breadstuff's unchanged. Pro? visions heavy. LrvxRPOOL, September 2-2 P. M. -Corn de? clined 35s. Tallow declined 44s. European \ewi Per Steamer. Naw YORK, August 2.-Arrived, the Manhattan and City of Boston from Europe, with dates to the ?2d. Harvesting had commenced with favorable weather. The heaviest thunder storm ever known occurred at London. There was much damage done. The Beform League celebrated the passage of the act by a banquet. Mill and Bright wrote let? ters urging the League to demand the ballot. The choiera in Southorn Italy is violent and spreading. ST. THOMAS, August 23.-American products dull, supplies liberal. ' Washington News. WASHINGTON. September 2_A dispatch from Port Hays says that the savages in that sect ion do not want peace; will kill tho Commissioners if thev can. They are driving all the buffalo toward their villages on tho Republican River. They attacked a train near Fort Smith, and were repulsed. Twenty Indians, one officer and four soldiers were killed. The Secretary of the Treasury has ?eceived a dispatch from special agent BolL staring that only three of the custom house officials were on duty.* The Secretary ordered tho custom house further dovn the river, oulaide the city. Maximillian has adopted as his heir young Itur bide, now with his grandmother on Georgetown Heights. The change in tho cotton tax from 3 to 2?c. per pound, goes into effect to-dav. Nine regular army Burgeons died within the last three weeks. Simon Cameron favors impeachment. The internal revenue to-dav amoun* s to $1,500 - ooo*. Grarft has ordered the discharge of seventy-one of the offs hundred, and forty clerks of the Pay Department. From Richmond. RICHMOND, SepttVUber 2.-Jno. Cody, a soldier j of the Ilth United States Infantry, ont his throat ' this morning ti Headquarters.' He was from Newark, N. J The applications for bankruptcv in Virginia dur ing the last woek have exceeded the total number since the Bankrupt Law was passed. From Cincinnati. CINCINNATI, September 2.-Jones is comfort? able; attributes his defeat to a fracture of the ribs, which occurred at the 29th round. The in? juries about the head are not serious. Sew York News. Nsw YORK, September 2.-Arrived, tho Henry Chauncy from AspinwalL She brings $1,103,000. Loans decreased $2,820,000; Specie increased ; $1,243,000 ; circulation decreased $21,000; deposits increased $2,143,000; legal tenders increased $2, 972,000. _ Sew Orleans Nowt. Nsw ORLEANS # tom ber 2.-Thoro were thirty interments from Yellow Fever here yesterday. Among them Tom King, the pugilist, and Lieut. Mc Cormick, of the iron clad Malaska. The official order relieving Sheridan was received " thia morning at Headquarters. General Griffin has been telegraphed for, and upon his arrival General Sheridan will take his departure, Colonels Porsyihe, Moore and Sheridan accompanying him. From South America. PANAVV, August 23.-A revolution to restore Mosquera has been discovered and tho leaders ar? rested. The cholera, is dying out at Nicaragua, but is still raging in siiWO districts. The Peruvian Cd?gress will allow Spaniards to remain in tbe country, the apprehension ot tho re? turn of a Spanish fleet being dissipated. Tbo work on the batteries has been suspended. There had been a furious storm at Valparaiso, in which the shipping and dwellings were dam? aged. One bark was wrecked and ten fives were lost. Mosquera will be tried for treason. Domestic Mar "?et:,. NOON DISPATCH. ! ( Nxw YORK, September 2.-Stocks strong, i Money 4a5 per "ent, Gold 14f. Sterling 9$a9*. j *C2 coupons 114j : Virginia C's ex-coupons ?TOi. t XVEXTNG DISPATCH. 1 Stocks heavy. Gold 41$. Sterling 9ja9?. '62 Coupons 114}. ' Cotton steady and unchanged; sales 800 bales at ' 27c. Flour quiet ; Southern $9al3. Wheat dull and favors buyers. Corn quiet; mixed Western $116a $117. Oats heavy and declined 2a3c.; Southern ? 65a70c. Pork heavy at 2S$c. Lard heavy. Whis- J key active at 40c., in bond. Sugar firm and in good 1 demand: Porto Rico 12c; Muscovado $11 50al3 50. ? Bice dull. Coffee quiet. Turpentine steady, 58a * 584c. Rosin steady. Freights dulL J BALIXXORE, September 2.-Cotton quiet and i Dominai; Middlings 26. Coffee dull and unchang- * ed. Flour dull. Wheat firmer; Ordinary to Pair, 1 $2y?2n;Gooi to Prune, *2 45a2 55; Inferior Bcd < sola *X $175. Oom firm ; White, $1 lOal 13; Yel- 1 low, ?1 18. Oats-large sales of far to choice, 58s 1 ?5c. Bye, 35a4G; Receipts fair. Sugar steady avid firm. Prorisioas stead v. MeBS Pork $24 50. 1 Lard-City 13; Western ?3j?. Whiskey-no sales. * Sv, Lours, September 2.-Superfine dour $7.00. ? ?Corn l.Qftd.13. Mess Pork 24*. Shoulders 13^. < Clear Sides i<5*al7. I CINCINNATI, September 2.-Flour unchanged and ' in moderate demand. Corn easier, No. 1 $lal.0?. < Whiskey steady. Mess Pork in demand at $2.ta f 23.25, but little oL^red below $23.50. Bacon active. 3 Shoulders IS. Cle\r sides ISL Lard 12}. WILMINGTON, September 2.-Turpentine quiet < atfi2a52?. Rosin quiot at $2 85a6 50. < MOBILE, September 2.-Cotton no rainal; sales 1 100 bales. Low Middlings 22$ eta. Receipts 105 * bales. I Nsw ORLEANS, August 2.-Sales of Cotton 300 j t hales. Low Middlings 24ia2?c. Receipts 288 ( hales. Sugar and Molasses quiet and unchanged. * Flour dull. Superfine $8 7C;.choice $11 50al2 50. c Corn dall; supply litfht. \Vhite $1 25; yellow 1 $1 27$. Oats dull at 70c. Pork in good demand > at $2b 50. Bacon sold as fast as recoived. Should- I era 13|c; clear sides 17$aJ8c.; few or no ribbed ? sides in market. Lard in request-in tierces 13?c.; c in kegs 15c. Gold closed at iOJo40i; sterling i^Stt * 155; flew York sight exchange * per cent, pre- c mi um. 1 SAVANNAH, September 2.-Cotlcn quiet; Mid- J dling8 held at 25c, offered 24?c. No sales. Re- < celpts 27 bales. Receipts of the year 247,552. Ex- i pcrVof the year 247,041. Stock 511. Kooeiots of l Sea Island 15,237. Exports 15,115. Stock 122. Weather hot and cloudy. 1f AUGUSTA, September 2.-Market dull. Sales 41J( bales. Middlings 23ia24c. I ' Weather -jleasant and clear. 11 State Items. RAIN, CBOPS, &C-For che past few dava we have been visited with occasional showers of"rain, but not enough to injure .he growth of the crops. And while we read of heavy rains in different parts of the country, and the damage done to thc crops, it is gratifying to us to state that the inju? ry to the corn and cotton crop in this District is ? very slight. We trust that the injury to the crops throughout the country are not BO serious as was at first anticipated. The corn and cotton crop in the uplands of this section of the Pee Dee country ia doing remarkably well, and the farmers bav? every reason to be encouraged. We learn that the river has risen three or four feet at Society Hill Perry in consequence of the late rains in the up-country. The river is now in excellent order for navigation.-Bennettsvilte Journal. ARREST OF AN EMISSARY.-A colored man, call? ing himself Rev. Nat. Williams, has been arrested by the militar; authorities for preaching incen? diary doctrines to tho freed people of this District. He was carried to Headquarters at Darlington last Wednesday, by a detachment of soldiers sent hero for that purpose, whore ho will be tried bv the Military Court.-Bennettsiulle Journal. REGISTRATION RETURNS.-The following are tho registration returns for Marlborough District for the three first days : ' , ._ WHITES. COLOBED. Bennettsville. 105 349 AdamsTille. m 65 Button's Fork.115 (52 Grant's Mill. 125 150 Clio.152 142 Bed Hill. 74 222 Browns rille. 71 130 Total. 773 mo _ka wi? be seen by the foregoing table, the color? ed poodle havo 337 majority in tho District. Our white citizens have not registered as promptly as thev shouivd have done. Thev should do so at o noe.-Benntiftsvilie Journal THS 'JAS WORKS.-We are truly glad to learn that thure is every probability that in a few weeks the Qati Works will again be in successful opera? tion. Negotiations in reference to a sale thereof have been pending for several days, and we believe thev are now completed, by which these works fall into tho hands of two energeiic citizens, who will aoon "lit their light shine" for the benefit of the community.-Greenvi?e Mountaineer. HoinciDR.--On Wednesday last, a difficulty oc? curred on the plantation of Col Robert Beaty of this District, between John Lowe and Prince Hey? wood, freedmen, in which the latter was stabbed andinatan?y killed. Lowe WSB arrested and com? mitted to jail.- Fmonville Tmies. The official census of I860 giyes a total of 119126 foreign residents in Paris, which is, no dcubt considerably under the mark. Of the Ten? ons nationalities the most important aro the Ger? mans, Belgians, and S\riss: the two former or tfhich probably exc?cl 35.00?, the latter being up? ward of 30,000. GENERAL SICK! AND THE ?XITED STATES COI LETTER FROM JOHN M. BINt AC TI 5! G ATTOR\EY-GK\ERAl PRKSIDK.VT JOHNSON. ATTORKET-GENKRAX'S On August 24, 181 Uv. President:-Circumstances bare < upon me the duty of laying before your I cy, without delay, a matter arising within 1 inco of this Department which appears to dersigned to be o? great gravity and of ii urgency. Herewith I respectfully submit documeu od from A inclusively to 0, in whioh tho f administrative difficulty develops itself for by tho Supreme Magistracy of the Bepubli STATEMENT OE THE MATTER. At the regular stated term of th/ Circu of the United States for tho District ol Carolina, begun and held at Raleigh on Monday in June last, Chief Justice Chase ing, among other civil actions which pa judgment were two in which parties name and Daniel Eahnwellor were defendants of as I am informed. I have no particulars i ing said suits beyond the essential fact due course, after judgment against the defe tho proper writs of execution were regul sued and placed in the hands of the Id Daniel R. Goodloe, Esq., for the purpose of them served against the property of the c ants. The Marshal charged his responsibli ty, Mr. Neff, with that duty, who, before i ing the process, was expressiv forbidden sc in a writing to that effect, by R. T. Frank, cer of tho army, having command of the States soldiery stationed at the military r. Wilmington. Upon information of the action of the con: ant of said post, the marshal, who was at R addressed a respectful letter to the superior of the former, Major-General Sickles, in whi marshal of the United States for that judie mct brought to the knowledge of the commi officer of that reconstruction district the fa? the process of the Federal Courts was obst by one of his own subordinate officers. Marshal Goodloe does not appear, from thu munication, to have addressed himself to G Sickles in the manner of a ministerial officer < tics on the occasion of a riotous or otherwisi midable resistance to civil process, demand an officer of the army the necessary militar port, as, it seems, might have been done wit feet consistency, and with unquestionable c tion upon the officer to respond, whether ti fenders were or were not troops of the ted States under his command ; but Goodloe appears to have anticipated with < denco the prompt interposition of General Si for the vindication of the law, as the suprem ject of his allegiance. He also reported his a to this office, with copies of the several pa Upon receipt of these a reply was mada t< Marshal, to the effect that no further action \ be had here in the absence" of information General Sickles. It was confidently belief this office tbat the obstruction would be proi removed by command of General Sickles, or if ho thought flt to hesitate in that du tv, hov not knowingly Buffer his authority to fall inte lisien with that of the national judiciary wit first communicating with tho seat of Governrj Under date of the 8th instant, however, som or eleven days after the obstruction of proc?s gan, the Marshal reported that he had receive response to his communication to General Si? referred to, and had seen it announced aa a fa the newspapers that tho action of Colonel F bad been formally confirmed by General Sioku Hereupon, it was deemed unbecoming for branch of tbe public service to appear longei sensible, in any degree, to tbe paramount die of the civil authority, and, accordingly, suet s tractions were communicated to the Man ander date of thc 19th instant, as should com frith the statutes in force for the protection of judicial power of the government. Ho was fur instructed that, in the opinion of this office, military authority imparted by the statute* force for the reconstruction of the Southern St lid not extend in any respect to the Courts of United .States. The same had been said, in ne the same words, by the Chief Justice of the Un States, on the solemn occasion of his opening ;o"rt, whose authority is thus contemned. Ur. late of the 30th instant, a report was rocei rom Marshal Goodies, in whicnhe enclosed a c >f the following communication, addressed to lepnty : HEAPQ'BS POST OF WIEMINQTON, N. C., i August 17, 1867. Mr. J. II. &Tejj, Deputy United States Mars) Wilmington, if. C.: . SIR : My action in suspending, until further lers, th 3 execution of certain decrees of the Uni J ta tas Courts in North Carolina, attempted to ?nforced in violation of General Order No. 10, c ont series, from the Headquarters Second M wry District, having bow approved by the Maj General commanding, I shall not permit, unti .eceive further oidora, the judgment or decree rny Court to be enforced in violation of exist? >rders, and shall .use the necessary force to p rent it. Very respectful Iv, your obd't serVt, R. T. FRANK, Brevet Lieut. Col. ?pd Captain 8th Infantry, Co; mantung Post. Tho Marshal adds that, in obedience to his i . tractions of the 13th instant, from tu? office, rill report the case to the District Attorney j ns action under the crin anal laws of the Unit states, which ho says, ja all that can be done :ho presence of an overpowering militan- fon inti! the Government interposes. By this timo a presumed that the proper District Attorn :as received due information of the offence- J ret no express instructions have beeb issued ; :hat officer in the premises. He is, of coarse, c iccted, and wiii be required to act with whatevi resolution the occasion may call for. In the : atest report recs ired from the marshs irhicb heirs the date of the' last mentioned, t mnounefs that the letter which, io tho first i; itance, lie addressed to Major-General 'Sicklei md to which he baa received no reply, has bee ??turned to him through tbe post commandant : iVilming :on. He mentions an .endorsement then in of He caral inquiries addressed, os be is undei itood to say, to him, dated at Charleston, Augui .2 ; but he does not state whether or not any sign* ure was subjoined to them. He furnishes no fa xanscript of these endorsements, but reports ?opv of hid own, made in response to those rt erred to, on the asme lotter. In his endorses; em .he mar dial recites, apparently, some of the foi nor: ''Whore and when tbs s?Veral causes c ??tion accrued : whether tho actions were fo lebt cr ether causes; when the suits ?ero begun Then judgments were given, and when final pro ?ess was issued," etc. If the object of these in .errogi'tories was to clici.t data upon which Gene al Sic.--.es could determine whether or not tin irooeecbigs were regular and valid which hat leen conuicted to judgment according to Jay, un 1er the presidency of the Chief Justice of tut J ni ted States, I must say, that it would be dirri ult to imagine a more preposterous affront to thc 3ench of Justice, legally Considered, than to thu: ittempt to constrain, or to invite, the ministerial ifficer ol' the court to inquire into the 'validity ol ts process in his hands. The marshal, with due iroprioty, declined to engage in the investigation. Finally, by a communication of the 22d instant, i copy of which is herewith annexed, the cpp.roval >f the Law Department is communicated to Mar ,'ital Goodloe, with instructions substant.ally to he effect that he shall continue to execute process n con?^rmitj to the authority of the Court; that ie is not bound to expose his person to manifest leril; that when menace} by force, as in the pres? ent instance, he shall report the particulars and tames cf all offenders, with their aiders and abet ora, to the District Attorney, as he hes .done in he present case; that he is required to deport limself ?8 inoffensively as possible, but that hs is lot authorized to compromiso tho dignity of the ,'ourt, whose) servant ne is, by descending to ne otiate with any person, however respectable, for he privilege of executing its authentic process, r of obeying the laws; and that the whole diffi ult y is to be promptly s abm itt ed to the Executive, 'hus the matter stands. Although it does not, in the humble opinion of ho undersigned, qualify, in any degree, upon est? ablished and unquestionable principios of legal obligation, the rotation which General Sickles and us subordinate officers and soldiers bear to the iolateci lawB which are in force for the runish nent of persons who obstruct tbe administration if justice in the Courts of tho United States, yet t may be just to mention here, that tueremarka ile action of that distinguished officer appears to lave been prompted by the real persuasion that n order issued by himself in April last, of which, rom an officia! copy, I quote entire the paragraph hat touches this question, . i of such uncommon lignity that it is his duty to enforce it, in its argest construction, in defiance of the Coustitu ion and Statutes at Large. The following is the irder : '.Judgments or decrees for the payment of noney on causes of action arising between the 9th of December, 1860, and the 15th of May, I860, hall not bo enforce*! against the property or per? on of ;he defendant. Proceedings in such causes if acti m now pending, shall o stayed ; and no ?nit or process shall bo hereafter instituted cr ommenced for any such causes of action." This order does "not expressly except suits in or >roces8 of the courts of the United States. Cer ainly such an exception must have appeared ?uit? unnecessary. In case of controversies be ween citizens of'different States, for example, the judicial power of the United States is vested, an? terior to all laws of Congress, by express provi? sion of the Constitution. A similar grant of juris? diction by General Sickles must have appeared ridiculous, had such been inserted in his order, for th* enfranchisement of tho Federal Courts. Much loore absurd would it bavo appeared had the privilege been imparted by general order to the United States to institute suit and realize, upon execution against a defaulting puulie agem or a debtor, where the cause of action bad arison between the 19th of December, 1860, and the 15th May, 1865. But the expediencv of criminal prose? cutions IB at least as fully lodged in the discretion of tho commander m the reconstruction district vs that of collecting debts. Is it to be understood that I he punishment of counterfeiters of the national currency, robbers of the United States mail, Ac, through the instrumentality ot the national courts in tbe Carolinas-is conducted by tribunals de? riving their j uriadiotion from tho forbearance of Executive agents ? Then seems to be no proba? bility .that thff order in question contemplated a usurpation so gross, and so perilous to the good name of a loyal officer. Could it have bsen ai ticipated that upon a IOOBO implication from order promulgated by a military officer, chan within a circumacfibed loyalty, with anomal civil duties under a provisional system of reste tare legislation, tho judicial establishment of Republic was tu conceive itself ousted of jurist tion, stripped ot authority, and degraded to s serviency '! Was it expected that tho judges, consequence of such an implication, would faithfully turn their backs upon petitioners justice ? It seems not. The oonstruction wh applies the order in question to tho courts of Union, is evidently an af tor-thought. The on is dated 11th April. On tho 6th of Juno tho Cl Justice opened the court in Raleigh. That publicly announced, in substance, for the inion tion of all parties concerned, on tho occaBioi seating himself on the bench, that it was ince patible with.the authority of the national judici to sit where a military authority existed wh could impede its process, and that it was solely consequence of the fact that no such rniliti authority then existed that he felt willing to h that Court, was rendered notorious by gene publication in the newspapers at the time. 1 order expressly forbids tho institution or pros? tion of certain suits. The Court was held ai the solomn publication to the bar and the peo referred to, and the suits in question herein wi prosecuted, all in open contempt of the order a of all other orders tending to hinder the conseil tional independence of the judiciary. Yet, ur after the departure of the presiding justice frc the locality, no steps, as far as I have mformatit were taken to enforce this order in the premisi With the validity of the order, as operating ap the judicatures of the States whose resuscttati has been confided to the management of Maje General Siokles, and, especially with the exp?die cy of it, the present matter is not in the least cc cerned. * I respectfully submit that the case is one those which lie within rife purview of the statut in force lor the punishment of persons who o struct process of the United States, and is simr. the caso of a high misdemeanor, legally contei plated. But in view of the respectability of tl principal offender, aud the corresponding dang to the higher dignity of the law, I understand tn it is doomed necessary, in thus laying before yo Excellency the facts and documents, to annex the foregoing statement some citations and retie tiona, which appear to the undersigned to befit tl grave occasion or an incipient attack by arms upi the Department of Justice. THE DOCTEJJTE OF CIVIL SOPBEMACV. It is respectfully suggested as a principle, upc which difference of opinion cannot he anticipate in this country, that there is no rightful authort here which is not derived from the Constitu.de and laws of the United States. . It would Beera to be highly impertinent to a tempt to establish that proposition, and almost t impertinent to argue this necessary result, vi: that all military authority must be immediately ( directly imparted by, and consequently depender upon, the civil authority. Action, by military pe: so..s, therefore, whioh is outside of this principli most be unlawful, and if done with intent to r< Bist that principle, as embodied in tho Const tution and statutes, such action, if overt an with arms, is treason against the United State* Military power is but a form in which th civil, which ts the only authority, manifest itself in action. A conflict, therefore, be tween the civil and the military authorit of thc same sovereignty, is logically im possible, unless through the fault of public agente either civil or military. The laws of a countr must, and the ministers of those laws may, be ii harmony; but they may not; and this from inno cont or from culpable motives. These principio: Eire of tho utmost importance to public order, ani have been so recognized by politicians of over 3 c hool, and partisans of every faction of note, fron the foundation of the Republic. Surely, no pohti :al pert y will repudiate, as none can exclusive! :laim, these essential conservative principles. Ni :andid person would hesitate to accept their sub stance as indispensable; and we may thus elimina ti at the outset most of the extraneous matters tend ing to complicate the unfortunate collision whict oas occurred, and may be warranted, I think, ii enquiring whether it is anything in law bat a mis letncanor, in violation of the la wa in force for thc furtherance of the judicial power ? Bat the high rank of the principal offender, ai nofore suggested, sod the salutary paoli? object! :o which bis exorbitant action woola probably b< ?scribed, no less than the great magnitude of tl? rawer -. ith which he could support his error mould he fee! justified in such a coarse, aro ck' rumstances which give the occasion an extraordi ?ary character, and Inspire the undersigned witt hat sense, both of its delicacy and importance vhich demanda the introdacti??i here of the prin? gles ot the subject, as pronounced by standard iuthoritie8. POWES AND SPHERE OF THE JUDIOIABT. Chancellor Kent kays : "The judicial power oj he United States is, in point ot origin and title, iqual with the other powers of Government, and is a exclusively vested ia the Courts created by or in lursuance ot the Constitution, as the legislative lower is vested in Congress, or the Executive lower m tho President" (1 Comm., 290, 291.) Tho Federalist, ho. 78, is an elaborate and lu uinous exposition of the central id ?* that "the complete independence of the^ouxts of juaneo is peculiarly essential in a limiten constitution." Mr. Justice Story says : "The importance of tho istabhshment of a judicial department io thu Na ional Government has already boen incidentally lincnssed. The want of it constituted one of the ital defects of the Confederation. And every Jbverivment must, in its essence, be unsafe and milt for a freo people where such a department toes not exist, with powers coextensive WUh tho egislati ve department. Where there is no judicial lepartment to internet, pronounce, and execute he law-to decide controversies, ana to enforce ?ghts-the Government mast either perish by its i wu imbecility; or the other departments pf Gov? ernment must usurp powers for the parp?se of ommanding obedience to the destruction of ?berty." (2 Story Const., ?1, 57*. The same authority says, ?peaking of the jadieial lepartment : "To the people at large such an insti ution is peculiarly valuable, and il ought to be minentlv cherished by them. On its firm and in Lependent structure {bey may repose with safety, (bile they perceive in it a?aculty which is only et in motion when applied to, But>bjch when has brought into action, moat proceed with com? petent power, if required to correct the error or ubdoe the oppression of the other branches of rove?ninebi." (Ibid, 61576.) And farther: "The framere of the Constitution, laving theBo groat.princnp?ea in vjsw, adopted two imdamental rules with entire Unanimity: first, hat a national judiciary ought to be established; eeondjy, that the national judiciary ought to pos? esa powers coextensive with the legislative de? triment." i Ibid, ?1, 577-) The convention which framed the Constitution oted unanimously for the perpetual and inrin ri? de independence of the judicial department. Journal of thc Convention, Ed. 1808,,pp. 100, 88.) The Supreme Court of the United States says : ? The object of the Constitution was to esta blish bree great Apartments of Government : tb? agislative', the executive, and tho judicial de lartments. The first was to pass laws, the se ond to approve and execute them, aud Ibo third 0 expound and enforce them. (Martin vs. Halt? er, 1 Wheaton 329.} % Authority on this point is BO uniform, that the hove may conclusively establish tho sanctity, the iignity, and the authority of the national depart - lent of justice. President Washington "cpn idered tba judiciary the chief pillar upon whioh ur National Govemmont most rest," and imme liately upon the organization of the Supreme /ourt, addressed to the justices a respectful letter, living previously addressed each one separately, a whiaqi he expressed his sense bf the value of heir independice of operation, and solicited heir instruction. (See vol. 10, Sparks' Writings f Washington, pp. 85,86). 1 could not with greater iumi)ity conclude this particular topic, with my wn general impressions concerning it, than by ?tiering them in the unimpeachable counsel of udge Story: "Nothing," says that great minie ter of justice, 'is more facile in republics than for demagogues, inder altin) pretences, to stir up combinations gainst tlie regular exercise of authority. Their elfish purposes are too often interrupted by the xmnoss arid independence of upright magistrates, st to make them at all times hostile to a power rhich rebukes, and an Impartiality which con? emus them. The judiciary, as tho'weakest point 1 the Constitution on which to make an attack, i, therefore, constantly that to which they direct heir assaults; and a triumph here, aided by any loraeutarv encouragement, achieves a lasting vic ory over the CoEstitaiion itself. Hence, ju re luhlics, those who are to profit by public commo ions. or thc prevalence of faction, are always the neiiii;..-. of a regular and independent administra ion of justice. They spread all sorta of delusions u order to misload the public mind and excite the lublic prejudices. They know lull troll that with luttboaid of the people their sohemo3 must irove abortive; and they, therefore, employ every ,rt to undermine me piblio confidence, ?ind tb nako thu people tho iosiruraonts ol' subverting ; ?nea* own rights and liberties." (2 Story Const., 1 ?1611.) We must, then, as wo see, recognize tho Judici iry as the third part of the Government; and let | is now inquire what is the sphere of its authority? , L'liis is the same as the question, in what branch ( >f tho public business ia the judiciary the supremo | jower of tho nation ? The Constitution ordains: , "Tho judicial power of tho United States shall ? >e vested in one supreme eoui t and in such infer?- j ir courts as (he Congress may from time to time | irdain and establish." (Art. III. ? 1.) "The judicial power shall extend to all cases in .aw and equity arising under this Constitution, | be laws of the United States, and treaties made, ; jr which shall be made, under their authority; to ? ill crises affecting ambassadors, other public mia- ] sters and consuls; to ali cases of admiralty and i maritime jurisdiction; to controversies tp which ( ho United StatoB shall be a party; to controversies i eetweentwo or moro States; between a State and ; litigeos of another State; between citizens of dif? ferent States; between citizens of the same State , ?laiming lands under grants of different 8tates, ( iud between a State, cr citizens thereof, and for- j eign StatBB, citizens or subjects." (Ibid, ? 2. ) 1 vVe see here that whenever, within the t?rrjtory , af the United States, irrespectively pf persons or i ?f circumstances, a matter pf coptroversv arises ? which io distinctly comprehended under any one i of the clauses above quoted from the Constitutipn, j and which is in such ? postura as to be sascepti- i ble of judicial action.it must gp without adjudi- . cation, br else it must be adjudicated hythe courts of the United States. This provision being or- < ganic, it is hot in the power even of the National ? Legislature, if that body could be supposed ever < to have made the attempt, to refer the adjudica- < tion of any ono of such cases, against the consent of tho parties, or in derogation of the power of j the judiciary, to the executive power, or tc power or teeney whatsoever. For example, a troveray arising upon a contract between cit of different States. Under this organic provi the parties have a right to put the Foutrai dary in motion for the settlement of their dis and it is obvious that thia right cannot be paired without an amendment of the Conatitn The "judicial power of the Unitod States" unit. In the Constitution it is mentioned ir singular number; and tho reasoning of the preme Court in the case of Martin os. H tink to the effect that so much of ii as the Conatitn left Congress to vest in inferior courts was inc ble of segregation, and consequently vest^ whole in the judicial establishment. (1 Whet 880;. As a power, then, it is to be conceived c omnipresent within its constitutional Hphere, I consequently, with respect to the di^nitv of la judicial process, the source of the same is ni the least significance, and the laws forbidding a traction of it, make, accordingly, no distincl The contumacy, therefore, which would be i vulgar if offered to a writ held in tho hand of Chief Justice of the Supreme Court, would, ii spect to the consolidated judicial power and i nity, be of the same legal quality as if the like was despised in the hands of the humblest vant of a court of the lowest grade in the syst Thia much as to the paramount authority of Judiciary in all matters to which their power is tended by the Constitution, acting through courts and otfitjers, who aro the organs of po ver. To resist that power anywhere, am any matter, within its constitutional sphere, i resist the whole of it, and to aspire to an is with the Judicial Department of the Governm* It might occur to some minds that if this po over the subject matters confided to it by organic law bo supreme over the Legislature : the Executive, and, of course, over the milit branoh of the Executive, it might, in any gi case, be misapplied by the error or the erinn the judge. Bat this, like every other evil w which we may lawfully cope, without, in acco ance with its provisions, amending the .Consti tion, has been anticipated and provided agai in that instrument. For misconduct, impea ment is provided ; and for error, the right of, a all necessary facilities for appeal to another cot The Supreme Court, it is true, cannot be sup vised; but it has no original jurisdiction, with t exceptions only. Such is the character of I judicial power, as the only and last resort the settlement of a class of cases and cont versieg enumorated in the Constitution. (1 Crane 177, 178.) Bat the action of the judiciary would be who ineffectual, and the power would not bo co-or nate, unless the result, in a proper case, was cc elusive and binding upon tue other branches the Government and the enti? people of the cot try; for all the proceedings or a court are oe ducted for the sake of the result, which is t final process. A control, then, over thc final pj cess is a control over the whole proceeding. ? ? control over the whole proceeding is a-conti over the court, the judges, and the parties. Tt would not bo controling, but abolishing the cou whether he who abolished it did or did not co tinuQ to employ its judges' and methods of bu. ness for the administration of his will, That J lid so in one case is the same'in effect as de had done so in ali oases; for if he d it by permission of the court, it was the com ind not ho, that . exerted the power; if he d it without permission, and because, in his opink t was right for him to do so in that oase, he mi io so in any other case in which he forms a sim Ar opinion'; andas -it asnnot bo foreseen whi opinion a man may form, it cannot be foreseen : ffhat case he may think be ought to interfere; at if any case is liable to.interference, no case is- ce ?in of reaching a judicial result, and, under sue jircumstances, there cat be no legal adjudicado: ind, consequently, no court. This shows the re lecessity of a judicial authority which is socuroi fortified against all possible interference while tl itate of society admits of judicial sessions. Saoh being the nature of tho judicial fanctior tod the powers in the Federal Government, it i rimons that the territorial fields of its operatio s co-extensive, with tba national domain, whicl with respect to the judicial power considered as mit, is a single territory, subject to be divide Uto places of jurisdiction as may be most COE renient for the purpose of administering justice Bat .with respect to the subject matter of jud icu cognizance it is far otherwise. A large proportio )f them presupposes, in their exis&uce, organi geographical divisions, ss into States, in ch oat states, and the seat of the Gen oral Governmon ?he District of Columbia. These aro politics livisions. Judicial) divisions exist, but the ire altogether independent of them. Thee ire adapted solely, to the presumed exp edi moy of administering the judicial power, am maybe alterad from- timo to time by Con jroas. They may and usually do coincide ii tome degree with poHfioej. and other divisions o the national domain-, ' Bet they aro not' noce saar il; ?oincident with such. They are places of juris liction. Circuits are compooed usually of severa intire States, and districts are sometimes com losed of parts only of different States. This doe: mt affect the os us?s of action over which the judi liary shall exercise exclusive control, for they re nain the same aa if each State of the Union wai ? district, and only districts were established, ant io circuits. When a cause of action, or a criminu nfrao?on of a law of the United States, arises fbi he action of the Federal judiciary, the cognizance if the latter is forthcoming, and tho only quostior s, in which district or circuit shall it be taken. The common territory of the nation is also sub ivided for other purposes, as for the purpose ol ollecting taxes, duties, Ac, by act of Congress, irectly or through executive agent?, empowered 0 to do, by Congress. Such divisions, like thc idicial provinces referred to, are subject to change t tho pleasure of Congress. The reconstruction [illcary Districts in tho South are examples ol Istrioting for specific and temporary purposes, ut hore arises ? most important distinction be? reen judicial geographical' divisions and those of ny other kind which hare ever been created bv ongresa. Until the 21th of September. 1789, i l tat. 73, et seq.,) the judicial power of the United tates'was not all vested. Upon the passage of the slebrated act of Congress or that date, organizing ie inferior courts bf the United States, the whole idicial power, not directly vested in- the upremo Court by tho constitution, vested 1 the courts so created. This proposition iring been {aid dqwn siter solemn argument by ie greatest of our judges, and never since dil? ated, must be accepted aa unquestionable, lt illowa from this that the power of the Legisla? te cannot go beyond modifying and changing om time to time, as in their wisdom may seem tpedient, the organization of the courts and the U'iiicn'i of the country into judicial province?. ut having1 once vested the Judicial power, which, ) we arc Instructed, Congress Was Bound to do, ut body cannot have the power to vacate a judi al tract. But it is otherwise with the districting tr revenue or other purposes. The constitution as not inhibited their total abolition at the plea ire of Gong*ssa, But there is another roason by Congress could not abolish the judicial dis icts of the United States, though ?hoy may, abd equontly do, change their boundaries. The con :i tu tion provides : "lu all criminal prosecutions, ie ac(iB*od shall enjoy the right to a speedy nd public' trial, by aft impartial jury of the tate abd district wherein the crime shall have e?n committed, win eh district shall have been reviuusly ascertained by law." (Amendment onstitution, Article VI.) ' A power to abolish all iJi^ial districts wimbi, therefore, be a power to bobah sJl crim?hil ?srl^?Ct?on of the Unitod tates, which would defeat the law-making wrTf? ?elf. TbeJudiojal provinces of the nation uro, iou, something moro than rpyenpe provinces, or ?constnietion prov?noos-employing the latter arm for clearness of distinction. Though snb ?ct to the modifie it ion of their boundaries, as may 0 expedient, the terr tory embraced in them a nu ot be either exonerated from the power of, ordeprived of {he. right to, the national maehin ry of justice; except, indeed,, wh?R violence pre outs the operation of that maohineyy, cut then nly while the interruption continues to prevent ie regular judicial sittings. A violence cannot, f coarse, come from the legislature itself; least of ll, through a mere construction of its acta, pass 1 with objects extremely remote from sqeh a pur What, then, is the stilus Qt that judicial pro inco which is designated by law the " District of iorth Carolina," with respect to the sanctity of i vii procesa ? M . _. . By the act of Congress of 4th June, 1790,1 Stat-, 26, it w provided: _ ... "Tho said State shall ho one district, to he called ae North Carolina District; and there shah bo a istrict court therein^ otc. . . By tho act of 15th July, 184C (9 Stat., 38), it is rovided, that "the circuit courts of the United tates, for the District of North Carolina, Bhall 8hold on the first Monday in June, * * and actions, suits, appeals, recognizances, pro eases, writs, and propeudings whatsoever, pend ig, or which may ne pending in said courts, or Bturnable thereto, shall have dav therein, and e heard, tried, proceeded with, and decided," etc. Is thin act repealed? It will not ho pretended hat an act of tue Oopgreas of the Uqited States as been repealed hy circumstances. If ever ?otigreas has impaired a constitutional judica ure, once established for the people, it was not y any implied repeal; nor could it be done by ny implication, but such as could bo recon il?d with no other reasonable interpretation f the statute supposed to work such repeal. In : he 'present matter, however, the. opposite im ilication. from an act which took effect on the i ame day with the first of the Reconstruction i eta, amounts almost to an express provision ; or the continuance of the North Carolina Dis- i rid, in conamon with all the others, as follows: i "That the Chief Justice of the United States i nd'the Associate Justices of the Supreme Court . hall be allotted among the eire nita now existing, i ?y order of the court, and whenever a new allot- I neut shall be required or found expedient, by i eason of alteration of one or more circuits?. Qr of i he new appointment pf a Chief Justice or Asso- \ late Justice, or otherwise, it shall be the duty of he court to tpake tho same," etc, (Act of 2d j &ch,'lB67.) a i The circuits (and consequently tho districts 1 :ompoaing them) "now oxiating," J. e., existing j m the day the first of the reconstruction measures \ ook effect, were the express basis of tho allotment, \ o authorize which was the object of the above- ( .noted provision. The possible "alteration" of \ laid circuits was anticipated, ahowing that until \ me or more oirouiU shQuJd ho altered by law, < hoy were not to be otherwise recognized than as ( leretofore. Accordingly, the following is of re- j ?ord in the Supreme Court, under date of Monday, i Vpril 8, 1867 : , . " i "Ordered, That the following allotment is made j if the Chief Justice and Associate Justices of tbe 1 Supremo Court of the United States among the < iourte,' agreeable to the act of Congress in such j :ase made and provided." . The assignment of the several Justices is sub- < oined, among which the following appears: t "For the Fourth Circuit, Salmon P. Chase, Ol Justice." The first section of the act of Congress of 1 Joly, 1867, passed when rebellion was in foll he way, thereby showing that the interruption of I sessions by rebel vi?lense WM the only chai which Congress ?ras willing to recognize m the die i al business, provides: "Hereafter the Districts of Maryland, Delawa Virginia and North CarcJiua ?hall constitute i Fourth Circuit." (12 Stat, 57S.). It is thus made apparent, not only by earli but by contemporaneous legislation, of the sai session, by the same individual members, and most on the same day, that whatever, under 1 Constitution of the United States', either of ? thority or jurisdiction, attaches to the distrii and circuits as they stand in the statute book, v intended to be, and must be deemed and held be, of full force and virtue now as heretofore. I we have seen that a tract of country, composed States or parts of States, o;u s brought under t operation the jiudicial power, cannot, withe revolutionary violence, be deprived of or oxonen ed from it. Violence is the only recognized exec tion, and that, by Congress, as we shall hereat! see, is recognized only while the violence las! and then as an unlawful der iga tion from the jut cial power. If it be admitted that the judicial power is i tact in the district of North Carolina, though tl subject matters of its authority are hmited to category, it is certain that upon those subie matters, the courts of the United States for th dis tried are the supreme authority of the Unitt States. The high prerogative of the independent judie arv may be well illustrated, in closing a sketch the Department of Justice, by a word respectii the conclusive and binding character, of a judi ment at law. It may be rendered even by an ii ferior court; but, if the court is competent, ti judgment may be defined to be the very law i the land for the particular matter adjudged i Ba wie, 289). To "suspend" a judgment in a mai ncr not pointed out by law is, therefore, to suspen the law. I he Supremo Court says : "There is no principle of law better settlodrtha that every act of a court of competent juriadictio shall be presumed to have been rightly done ti the contrary appears. * * 8o long as judgment remains in force, it is in itself ovidenc of the right of the plaintiff to the thing adjudgex and gives him a right to procesa to execute th judgment. The orrors of the court, however ai parent, can be examined only by an appellat power." (Voorhoes vs. Bk. U. 8., 10 Peten ?72,473i. Surely we need not inquire whether the Legisu ture of tho Union has attempted to vest in pat ti cu lar executive of* military officers an "appellat power" over judgments, ''however erroneous, which have been pronounced in a court of th United States. Let the inquiry rather be whethe the right of executing procesa which has issuei upon such a judgment is anything else but one c the very 'Tights of person and property" which, i the plaintiff seeks to execute it m thin one of th reconstruction districts, the commanding officer i sharged to "protect" by the expres3 terms of th reconstruction laws ? (Act of 2d March, 1867, sec ?.) It must be beyond dispute, if the authorise ind th9 statutes which have been introduced ar ?eeepted, that the right of litigating in the Federa jourts, and the right of being tried in them fo delations of the critninal code of the Unite* States, and, of course, the dos conservation o their authority in every form, ari? a part of thc rights to bo protected and the duties to bo per formed by the respective commanders of the re jon.-?ruction districts. In this view, the error o 3-eneraI Sickies reaches the fall stature of a per rersiou of authority, which, if persisted in, mus mmediately acquire the character of the crime o evying war against the United States, an under .akinq which would not for a moment bo imput?e a the deliberate intention of an officer honorohlj iistinguished for his gallantry in defence of th? Constitution. But, it might be said, may there not have beer i doubt as to jurisdiction ? Certainly in this, ai n any other matter there may b we been a doubt Sut it would insult the intelligence of the com nander of the Second Deconstruction District to nquire who ther or cot he supposed himself au horizod by law to forbid the Supreme Court ol he United States from hearing causes affecting: lersons inhabiting the States of North and South Carolina, without his consent, Naturally no per? on could hesitate whether he had such a power, Yithout considering whether it was not his duty o coerce the Court by arms if ft should resist tim ? We moat take it to be certain that it could lot have been in the contemplation of General sickles, when issuing his Order No. 10, to dis mto with bis sword the authority of tue S upi erne tench. Yet, it is equally certain, that if he had leen disposed to ascertain his authority, through tn adjudication by a competent court, a decision night have been procnr?d with the greatest fooili y. A defendant could "Tiavff rafBWl tho question >f jurisdiction ii nearly any case at the term. If he judgment was then adverse to the power of jenerai Sickles, it must have boen easy to pro ruro a final and conclusive decision in the ?upreme Court on a writ of error. If hat officer had a doubt on this subject then, he unst have known the only lawful course for its lolution. Where a difference arises between ft nihtarv agent and a court as to th? jurisdiction if the latter, and the former presumes to decide t for himself in his own favor, the act can bear io other nanni than usurpation. But it may be hought he did so only as to the inferior court, and lot as to the Supreme Court. Now, though he nay not have suspected tho fact, a moment's re lection most show that the interference which in mder consideration waa an interference av Gen ral Sickles with tho judiciary, including the gu iremo Court of the United States, as a whole, and he force which, through his subordinate, Colonel tank, was threatened against the process of thu hrcnit Court, cannot, I think, be distinguished Q law from a similar threat, rudely direct d, to the judge* of the Supreme Court at Waeh rigton. The process, which was m Marshal roodloc's hands might, and, indeed, for Ught that appears here, may have been process ssuod in pursnance of a mandate from the Supreme lourt, remanding a cause with directions for arther proceedings in conformity to the decision tthat court. A control over such process, as be >ro remarked of any final process, would be a con roi over thc whole proceedings, and th? court it elf, its udgust judges of their judicial will. More ver, if final process may be controlled by toe rdor in question, so. may* mesne process, or any tep iii litigation ; for tue order expressly corn' lands that certain suits be stayed, and that like aits, not yet initiated, shall not be instituted. If [ie interf?rence of process which is now in hand raid be j ust i lied, SQ could an effectual interf?rence, t any ?tage, and in any case, at his pleasure, in ie Carbhna districts, be made by General Sickies > prevent all appeal to the Supreme Court. This, otontially, is ousting the jurisdiction of the Su reme Court itself, abolishing the Federal courts i such in the locality, separating his district in ne vital particular from the national body politic, ad depriving Congress, the Executive, and the aoplo, of all means of enforcing his subordination > thc United ?tates, exoept by force ot arms. The ?rt?es of no man may be permitted to authorise ira to aspire to so dangerous an independence of is fellow-citizens, So, if them tyid; been, a doubt whether tho pour? ra of thc United States Courts were affected by ie reconstruction laws, the proper way to solve it as the very thing whioh would be totally occlud 1 by the violent action which has been taken in ie premises, But u there so, much as a doubt ? THE BECOHSTBPCTJON STATUTES Throe acts of Congress, pass under tho designa on of the rocomatrnction laws, viz.: those ol the d Marah, the 23d March, and the 191b July, 1667 he pieamole of the first declares a state of politi il and social dissolution to be impending or otualiy existing in several States of the Union, nd thaf, in consequence of their condition, and, jr the purpose of effecting their restoration, the ropoaed legislation, has become necessary. Sup osmg tbs conditions to be as declared in rn? re?nible of the first act, these statutes re to be treated as eminently remedial and onservative. Tho States b-emg prostrate, in he opinion of Congress, the object was to restore t>em. But tiie legislative ana executive depart? iente of the Government partook in po degree f the prostration, as woald be conceded; and how ?uch did the judicial department partake of it .' f the object was to reconstruct what ha.d fallen ito ruin, so that it should be restored to good rder, shall that which ia iq good order be over? timed? Obviously, what was left of order was to e conservad, and what was in disorder wa? to e restored. In respect to the revenue, the mails, tc., I have heard of no such destructive interfer tice; but in respect to the courts, the disposition : j exhibited to destroy. Yet tho whole aeries of ravisions in thc aaveral acta contains nothing in rhich I can perceive a source for such an astonish ig misconstruction. On tho contrary, the follow ag act, which, like the act relating to the allot? ment of justices, took effect on tho same day itith : he earliest of the reconstruction acta, appears to : emonatrato th? opposite view: 'An Ant relating to Appeals and Writs of Error to i the Suprome Court. * " Be it enacted, dc, That*wbere any appeal or Tit of error has been brought to the Supreme i lourt from any final judgment or decree of an ? iferior court of tho United States, for any judicial ; iatrict in which subsequently to the rendition of uch judgment or decree the regular sessions of : uch pourt haye been suspended or interrupted by ' asurrcction or rebellion, such appeal or writ of : rror shall be valid and effectual, notwithstanding tie time hmited by law for bringing tbe same may ave previously expirad; and in cases where^no ppeal or writ of error has been brought from any ' uch judgment or decree, such appeal or writ of : rror may be brought within ono year (rom the assage of this act. The provisions of this act hall not apply to any case in which the right to ring an appeal or writ of error had expired before uch suspension br interruptions of the regular eastons of the court." (Section 1, Act of March 2, 867.) This act, if regard be had to its special object, nay be taken to be in part materia with the re onstruction laws, and to the like extent, under he rule, they are all to be read as one law. Like he three acta above mentioned, the object of this rae to remedy mischief, which had arisen out of he rebellion, but for the purpose of this remedy he judiciary, and not the- district commander, rere to be the instrumentality, nights oi appeal f hieb bad not yet expired by lapse of timo were :iit off by circumstances. These circumstances unturned until tho limitation expired, and ??& ft he right, after which they ceased. The object, : low, was to revive said rights. The cirenm itances which, had intervened, and which had low ceased, are denoted in the act They are hus defined in u : "The regular sessions of the i tourt have boen suspended or interrupted i >y insurrection or rebellion." This act by i liunistakable implication, shows, on the day 1 >f passing the principal reconstruction statute, i hat with the exception of the suspension or in- j 1 terruption cf the regular Bfiesions of the court by rebellion, etc., the judicial establishment wu per? fectly intact, as if there bad beer, no rebellion and no occasion for restorative legislation. That this only interruption bod, to tho mind of Congress, wholly .passed away, at least, on the 2d March, is evident from the fact thai the oct was passed granting a thing to bb done now on the express ground that by snch interruption it could not havo been done formerly, abd requiring that it be done within ono year hence, as otberwiso the timo which, in th? absence of int irruption, runs against the right, sholl run in the districts where the re? lief is to take effect, os it nins elsewhere. Buch, in respect to its dignity, its power, and the unimpaired integrity ol' its machinery, is the judicial establishment of the United Stetes. To guard its supremacy in the administra lion of jus? tice, Congross has provided stern laws. PTTSTHHUEHT FOB RESISTDOi JUDICIAL AUTHOBITV. The following provisions, among others, belong here : "If any parson or persons shall knowingly and wilfully o Detract, resist, or oppose any officer of the Unitod States in serving, or attempting to serve or execute, any mear e process or warrant, or any role or order of any or the Courts of tho United States, or any other legal or j idicial writ or process whatsoever, or H hail assault, boat, or wound any officer or other terson duly sui" in serving or executing any writ, rule, orde: eera or warrant aforesaid, every person inply and wilfully offending in the prem: on conviction thereof, be imprisoned not exceed? ing twelve months, and fined not exceeding three hundred douars.'' (Act 30th April, 1790, section 22.> The offence of obstructing process consists, s&ys Mr. Justice Washington, in refusing.,to give up possession, or in opposing or obstructing tb J exe? cution of tho writ, by threate af violence,' which it is in the power of the party to enforce. (United States vs. Lowry, 2 Wash., 169.) Any obstruction to the free action of the officer, or his lawful as? sistants, wilfully placed in his way, for the pur? pose of obstructing him, ia sufficient. (2 Curtis, C. C., 689.) And what is "process" under this oat? The court? say it embraces every legal process whatsoever, whether issued by a court ui session, or by a k dge, or magistrate, or commissioner, acting m tho due administration of anv law of the United States. (United Stetes vs. Lukins, 8 Wash., 335.) " Lfany person or persons shall, corruptly or by threats of force, endeavor to influence, intimidate, or impede any juror, witness, or officer in any court of the United States, in tue discharge of his duty, or shall, corruptly or by threats of force, obstruct or impede the ibis administration of justico therein, every person or T#rsons so offend? ing shall be liable to prosecution therefor, by in? dictment, and shall, upon convict-m thereof, be punished by fine not etceodiug flr? hundred dol Lra, or by imprisonment not exceeding three months or both, according; to the nature and ag? gravation of the oSence." (Act of 2d Marah, 1831, : section 2, 4 Stat., 488.-/ These Iowa ore in force. If the President could be supposed tobe willing to suspend them, it is certain that he has not the power. He must, how? ever, execute the iawA What, then, shall bo done with these? I sholl consider, before con? cluding, the peculiar energy with which the execu? tive department is board io oct where the prerog? atives of the unarmed but majestic judiciary ore insulted. The execution of the criminal laws of the Unitod States, and especially all such os ore intended to guard judicial authority, belongs, un? der the President, to the supervision of the Attor? ney-General. It happens ?hus to devolve upon this office to reflect the indignation which the law encourages in the judicial breast against an ins uh . ordination which, when it refuses reverence, dee-1 5 boy s power, unless the department to which the j national sword is confided puts itself in motion Tor the vindication of the constitutional ministers of justice. BESPONHEBrLITI OF TZX Trrr/'ir|'|yy, It is not without diffidence that the importance of the occasion evokes o j5prthei and final remark touching the legal responsibility herein of the President of the United States. Whatever becomes + law, contemplates tor itself bot it shall be. executed. It is tbns with the .evonne laws, the postal laws, the criminal laws, md tho military laws* and it is thus with the re? construction Iowa,, which the pr?sent executive 'eels bound to carry into effect, in their true intent md meaning, ascertained upon those principles of nterpretation which ore themselves a tacit but mbstontive port of all statutes whomever. But ill the lows of any country must be presumed to ie in harmony with each omer, ana, therefore, should they appear to conflict with each other, be reconciliation of them is a judicial work, if, wder the conditions of the case, the discrepancy a capable of judicial action. If not, still, as the ronflictinfc laws- motrtrbrr*MU?Crued, so they must >e remodelled, and, consequently, in such ? case, hoso who must execute, must also, te that extent, ntarpret the laws. If the Constitution be one of he laws in question, the principle is, of course, he same, unless, indeed, it be of stronger appli i al ion. (Chief Justice Marshal, 1 Crouch, 177,178.) For the parpase of this execution of the laws, io wo var, there must be on executive power. This lower must be vested, or else the country bas no Constitution. It may be vested, oe the judicial wwer under our Government ia, in several per? ons or departments; or, aa in some countries, in ? large assembly: or it may be vested in a single ndmdool. Wherever it i* vested, there la ute erre^pqnding responsibility. If the courte of uatice are to bo protected from degradation, it ran only be through tho executive power of the itate. It cannot he by the law-making power, be :?use its Jswa are .ineffectual without execu ion, and that is impossible, against resist? ?aos, without physical force. This, then, is a ?se for Executive intervention, which, considering he transcendant value of on independent judici iry, is of the utmost sanctity of obligation, unless it i hall appoor that the independence of the judiciary s not attacked, but only thai the execution of a aw, by an executive agent, involves a conflict with he pretensions of the judiciary. The Utter would leem to bo the view of the officer charged with the txecuban, of the reconstruction of the Carolinas ; .nd he is on executive officer. But jurisdiction is i judicial question, and one which the judiciary ios, in this instance, decided, and decided against he executive officer. The lotter, not acquiescing, he caae would resolve itself into a case of o oUifiiou between the Executive and the Judicial (epartmenta of o common go von.mont. That de? ines a revolutionary relation between them. But has that revolutionary relation arisen? I hink not. If the Executive power of the United (tates resists the jnthoial power of the United I tates, there is, indeed! such a i elation. But the lonstitution of the United Stetes r TO vides "The Executive power sholl be vested in o Tesichint of the United States of America." Art. L, sec. L All powers of the Federal Courts run in the lame of the President of tho United States, be ause the mandat?e of the court call him to action, s they do all to submission, and be must execute bern as laws of the highest sanctity by the whole lower of the nation if necessary. Ia your Excellency in a state of collision with lie national judiciary? If not, since the whole xecative power' is thus vested in yon by the or anic law, and can be divested by nothing but o bongo of that organic, law during your inevm ency, ;t must follow that the ."colusi?n of author :v '' which is the subject hereof, is the mere mis emoanor of a contumacious and unfaithful execu ivo agent, who having offended against the lawful ewer of the judiciary, hos rendered hims* If liable 0. prosecution according to low. But the great Esponsibility whjuh appears to me to arise on ach an occasion, where the physical power of oe oflender is great, is thia: that for the Die hxecutive to suffer the Judiciary to be verthrown in any case would be pot?n dally to verthrow it himself, and, therefore, I azo. solemn r impressed with the belief, that unless the Pres 1. ent promptly represses the contumacy thus dls losed to bim, he will be exposed to the j is t impu? tion ot a culpable insensibility to the cu-irdinate ignity and paramount sanctity ot tho national Apartment of justice. Contempt of law indulged, peedily grasps at the heartstrings of public order, o teaches history. Very respectfully, your obedient servant. JOHN M. EIN C KI .EY, Acting Attorney-Gt neral. 'o AHDEEW Joavsox, President of the United States. The Indians. In bia testimony bet?re tho Indian Commission owiat the West, General HANCOCK said : There was no security whatever for trans porta ion and tra vallera on any port of the Plains. A erson is liable to be attacked even if he bas a undred men with him. Vigilance is the only afety. The Indians are making raids constantly i aniall or large bodies. It is behoved chere ore 0 Indian families between the Platte and the arkansas. They are either north of the Platte or onth of the Arkansas. The expenses on the General Department hove ?en those of a peace establishment, with the xcoption of a small quantity of fange ' sent to 1 laces where they hod none, and with tbs excep ion also of four hundred Kansas volunteers, wno rill not be poid until Congress appropriates the ands. Our troops have baa no remount this year. ?he expense of transporting goods this year is auch less than ever before. Of hostile warriors the General estimatesi that he Cheyennes number about four hundred, tho Arapahoes four hundred, the Kiowas five hundred. Chere aro but few Apaches of the Plains, probably bur or five hundred. Fifteen hundred or tw? houaand will cover all engaged between the Ar? kansas and the Platte, that is, leaving out the Co nanches, who number about three thousand. There was one case, in October, 1866, where inns were furnished to the Indians by our agent, titer being officiolly notified that they were incun >d to hostility. Mr. iBogy, the Indian Commis lioner, gave authority to sell arms, ofter he wae lotifled that the Indians were hostile, and defend? ed the right. The universal teaumony ia that the indians aro weU armed with P^lsand rifles. The Indians always ;?ierce the bodies ?of white arsons they kui with arrows. The friends of persona killing hun, all put an arrow into him. fhey never horn powder when they can use ar ..ows Tu ambuscades they use arrows. The principal men are armed with fire anna, and the jthera with bows and arrows. The Indians do lotfigbt often, unless they are of ver? superior lumbers. They do not fight without on advan ;age. Whenever they, and their enemy prepared meygiveup. _ Tho indians aro now carrying on the war with ill the new improvements. They have Held glass ?. We found o Elses ot Fort WeBnce. They ?mo up like a regiment af cavalry, and appear like a regular regiment. The chiefs stands with i mirror and throw reflections os signals which me men obey. They hove signal men oil around. gpjr The Rel? tl ve i, Fr?e iule evad? Acereuetsw anees o? the lata to. J. WARD SIMMONS, sod o? h.-r sia|rs, Mri. 8. T. Bcenwoa aadKreRictuanL. Sooss are Invited to attend the Fanerai Service? ci the toaw: at St Philip's Ct arch Thi? Afternoon, ot half-past Pise o'clock. September ? ' LOOKOUT! OE VOX! WILL JLOSE A FORTUNE. ~~~~ THE SALS Ot TICKETS, GEORGIA STATE LOTTE BY, In the Grand Extra Schasse of September 4th, CAPI? TAL PRIZE $20,000. Tickets only One Dollar. Closes THIS BAT, at0 P. M. Office No. 20 BBOAl> STREET. Septembers 1 ONE PRICE CLOTHING HOUSE MAC?LLAR, WILLIAMS d P?Bi?lS, MaTiuf?ctnrei% Jobbers afc Bottlers or FINE AND MEppS CLOTRI NO. WHOLESALE AND RETAIL DEALERS IN' "( ?. _ . ttENTLEMEN'S HISS lilli 270 ?OBNEB OF HASEL ST?EET, CHARLESTON ' ? ? Si Augusta? /?so ITECIAL i?0Tf??fV IS" LOOK ODT, OB ?O? WILL LOSE A Vf?^ rUNE THE SALE OP TICKETS, GEORGIA STAT*! LOTTERY, in the Grand Extra Bcheaa <rf September 1th CAPITAL PRIZE ?0.000. Tiotiic onlv One Dotier., Sows This Doy, at ? P. M. Office No. ft) BROAD ttBEET. I --' ' September;?' ?"PINAL NOTICE.-ALL PEB30N8 HAY LNG demanda sgafnst the Estate of the tate JONAH M. TENN LNG are requested to render tho same, and tb cue astafatad tManhvertB pjesee nus? paynwaft to D. B. YENNING, Septembers tothmS* stsaomkr-. Mir CHARLESTON AND SAVANNAH BAIL* IO AD BONDS AND COUPONS.-Br decree of the Coon if Equity, on 2Mb of January last, it vac inter alia or? tend, "That ?be said Trustees. Blue W. Him, En raan Sananfo, and Jons a CASXW, da forthwith paew ?ed to call, by. public a^hertisemant ln oas nr mm lewspapers in this flute iud elsewhere upas all paraoB* molding Bonds and Coupons of Booda secured by tb? ?Tnt Mortgage, to present and pro^a their devisara? oat ?beton the first July next." This order hartog-been lomjlied with, no Bondi or Coupons nat ulberto pre? tested wffl be received, and parties who hare harsto?or? -resented Bonds and Coupons, vilhovX leaving the san? n <he hands cf thc Trustees, aro hereby notified that us? es! they a? brought forward on or before the Soin Cay ti September, they wffl not be received. ? L W. HAYNS, 1 BD. SEBBJNG. > Trastees., JNO. 3. CAREW, ) Septtmber3_ '"tel'n?' ?er CONSIGNEES FEB STEAM SHIP MAN [IATTAN are notified of bar cargo being This Day dlt : barged at Adger*s Scnm Wharf. AR gooda uncalled 'or at sunset wm be positively stored at risk and ex? pense of owners. STREET BBOTHEB8 t CO.. September 8_I Agents. ayNOnCE.-CONSIGNEES PER STEAMSHIP tfONEEA. an hereby notified that abe la this day iincharging cargo at South Atlantic Wharf. AO gootit ^maming on the wharf at sanaetwtH be stored at tu mm and risk of owners. JOHN ic THEO. GETTY, Acasta, Ail freight amounting to fifteen gs? doTan or teas nust be paid on the wharf before delivery of gooda. September 2 , _ . % aar REGISTRATION NOTICE.-THE BOARD if Bogistration lor Warda No. 5 tad 7 of ?be ask precinct, leid at the Eagle Engine House tit Meeting t tnet, w?l lehdd at that place, on Monday, Tuaday tai Wtdnu dy, tue 2nd, 3rd, and 4th September. Registration for Varda No. 6 and 8, w?l be held at the Wsahmgtoa xgtne Hvsse, Vanderhorst street, on Thursday, Friday nd Saturday, the 29th, 30th, and Stat August from to 8 o'clock each day. NATBX. TYIiBE,Benr. r^fimma Board Registration 4th Precinct Anguat 26_ aagagWsegffiS .?- STATE OP SOUTH CAROLINA, CHABLES TJN DISTRICT.-DANTEL H. STLCOX t>?. JOSEPH 9'. IR AUN.-IN THE COMMON PLEAS, AnacanODST. Vhereas the Plaintiff did, on tba Mik dey of Paka Mar. ?87, file bis declaration against the DfOndant, who (aaat . iaaid)U absent from and without the Umita of. the State, ad baa neither wife nor attorney known within the. ame, upon whom a copy of said declaration might ba, erred : It is therefore ordered, ihet'the said Defendant do ap? ear and plead to tba asid declaration, on or befare the 7th day February. whr>v wffl be tn the year of Ocr Lord 868; otherwise final atv. - '?lute Judgment will be given nd awarded against bim. J. W. BROWNFIELD, Clerk's Office, Charleston strict. C C. P. March 2_. . june a, aap? ?V dec 9 ?"THE ATTENTION OF THE FIRE 'BE 5ABTMEN r ls caHed to the ?u?owing regulations : Any Volunteer ~?g4.?* running on any pa/meat ls lither the Upper cr Lower Wards, when the atreetia ?Ted, shall pay a fine of Fifty Doliera, and any Ward ingine committing the samo offence their pey shah bo topped. The same rule aban be applicable to tba darketa. Every Volunteer Engine Company shall have either MUS or a gong attached to their Engine or Beel, and the . tame abaD not be muffled, either going or returning rom an alarm of fire. The sams rata ahall be applica? te to Ward Engines, but no Engine shall return from a In faster than a walk. Ko two Steamers ahall work at the game Pta? WeR. . 3ne Volunteer Hand Engine aaa; draw 1 ?Veli when a Steamer ia drawing; and if two ] [ines an at a Pin WeB no Steamar shell be allowed to lae the saino. Two or mor? Steamers may draw water from ?Drain ?it B. af. STBOBSL, Anguat 20_derk and Sup't S3- CHIEF QUARTERMASTER'S OFFICE" lECOND MILITARY DISTRICT, NORTH AND. SOUTH i 'AROUNA, CHARLESTON, S. C., AUGUST 17,1867.-. IEALED PROPOSALS will be received at this "lier mtil 12 o'clock M. on Monday, tin) 16th day otVtaptem icr, 1867, at walch time they wffl be opened, for the pur haae of the following property, rta: Wreck of steamer BOSTON, in Aahepoo River. * Wreck of steamer GEO. WASHINGTON, ia Coosaw tirez. . ? . . -i , U-f Wreck of steamer CHASSEUR, in Scull Creek. Wreck of steamer RANDOLPH, in Charleston Harbor. Wreck of steamar ETTWAN, m fhir?netui Barbar. Wreck of steamer RUBT, In Light House Inlet Bidden wffl atati the amount "tiered for each wreck rae wrecks wffl be sold separately and to the highest ildder, unless such bid be deemed unreasonable. Proposals must ba addressed to the undersigned, and narked ''Proposals for purchase of wrecks." E. O. TYLER, Bnvet Major-General Chief Quartermaster, .Deputv Qtnrt*rmaster-G*rsw4 TJ. s. A, Angustia_____*_} MoT ARTlflClAL MBft^imfraftrAT, grj' MAN EYES made to order arid inserted by Dra. F BAUCHandP.aotmEkLINKffcrae^ employ*!'by' B^naoanrsatj, of Parta). No, 69$ Broadway, New York. April M ?