The New York Herald Newspaper, September 2, 1867, Page 6

GEN. SICKLES’ INSUBORDINATION. | Important Opinion of the Acting Attorney General. Armed Defiance of the Supreme Court Process, The Action Pronounceda High Misdemeanor. LIABILITY TO PUNISHMENT. ITs Power and Responsibility ef the Executive. Watuixaroy, Sept, 1, 1867. The following communication bas been sent to the Brevident from the Attorney General's office: — Arroxyey Guvenat’s Ormice, August 24, 1867, Mr, Presinex:—Circumstances have devolved apon the duty of laying before your Excellency without g within the province of this De- : pears to be of groat gravity and of fmmivent urgency. Herewith I respectfully submit doo aunents, marked from A inclusively to O, in which the following administrative ,cifficulty develops itself for olution by the supremo magistracy of the repabhia, STATNMENT OF THR MATTER, At the regular stated term of the Circuit Court of the Vaid for the district of North Carolina, bec: and held at Raleigh on the first Monday of June ‘ast, Chief Justice Chase presiding, other civil actions which passed to judgment were two in which parties gamed David and Daniel Kaboweiler were defendants of record, as lam informed, Ihave no particulars respect- ing said suits beyond the essential fact that, in due @ourse al‘er judgment against the defendants, the proper writs of execution were regularly issued and placed im the bands of the Marsbal, jo! R. Gootioe, Esq., for the purpose of having them served against the property ef the defendanta, The Marshal charged his respon- @ible deputy, Mr. Noff, with that duty, who before exe- cuting tho process was expressly forbidden ao to do, in a writing to that elfect (A), by RT. Frank, an officer of army, baving-command of the United States Soldiers stationed at (he military post of Wilmington, Upon information of the action of the commandant of amd post, the Marshal, .who was at Raleigh, afdressed a re-pectfal letter to the superior officer of the former, Myor Geuera! Sickies, in whieh the Marsha: of the United States for that Judicial district brought to the Keowledae of the commanding officer of that reconstruc. ton district the fact that the process of the federal couris was obstructed by one of his own subordinate emicers (1). Marshal Goodloe does not appear, from this communi- cation, to have addressed himself to Genera! Sickles ip he manner ot & m:ni-terial officer of justice on the acca ion of a riot-us or otherwise formidable resistance to Givi! process, demanding of an officer of the army the eceasary military support, as it seems might have been done with perfect consistency and with unquestiopable obligation upon the offer to respond, whetver the offenders were or wore not troops’ of tho Usited states under bis command; but Mr. Goodloe appears to nave anticipated with confidence the prompt Inierposition of General Sickles for the vindication of the Jaw, a3 the supreme object of bis allegiance, He aiso Feperied bis action to this office, with copies of the sev- erai papers (C.) Upon receipt of the-e, areply was made to the Marshal to the effect that no further action ‘would be bad bere in the absonce of information from General Sickles (D). It was contidently bolleved in this efice that the obstruction would be promptly removed by command of Goneral Sickles; or that, if ne thonght M wo hesitate in that duty, be would not knowingly sofler bis authori:y to fall into collision with that of the Rational judiciary without first communicating with the gent of werament Under date of the 8th instant, however, fume ten or eleven days after the obstruction of process bevan, the Marsbai reported that he had re- ecived no response to his communication to General Sickies referred to, and had seen it announced aga fact fm the nowspapers that the action of Coionel Frank had been formally confirmed by General Sickles (F). Herev pun, it was deemed unbecoming for this branch @f public service to appear longer insensible in any to the paramount dignity of the civil authority, aod accordingly such instructions were communicated to ‘be Marshal, under date of the 13th instant, as should comport with the statutes in force for the protection of Whe judicial power of the government. He was further instructed that the statutes in force for the recon- mruction of the Southern States did not extend in any Perpect to the courts of the United States, (G.) The game had been said, in nearly the same wi by the ‘Chief Justice of tho United States, on the solemn occa- gion of his opening the court whose authority is thus eontemned. (I) Under date of the 20h instant, a Poport was received from Marshal Goodloe, in which he eaciosed a copy of the following communication, addressed to hie deputy :— + Baapquanrers Post or Witarncton, N.C.,) Agnus: 17, 1967, "5 M. J, Nery, Deputy:United States Marshal, Wilmington, My action in suapending, until further orders, the Sxccution of certain decrees of the United States courts in orth Carolina, attempted to be enforced in violation of Order No. 10, eurrent series. from the headquarters feoond Military disirict, having been approved by the Major ral commanding, I shail not permit, until I receive fur- ther orders, the judgment or decree of ‘any court to be forced {» Violation of existing orders, and a mecensary force o prereat ik Very respectfully, your @ient servant, R, T. FRANK, Brevet Lietitenant Colonel and Captain Bighth Infan try, Wommanding Post (K.) The Marshal adds that, in obedience to his instructions of the 13:b inst., from this office, he will report the case to the District Attorney for his action, under the crimi- wal laws of the United States, which, be says, is all that can be done in the presence of an o' milit force, until the government interposes, By this time it fm presumed that the proper Distret Attorney bas re- eerved due information of the offence. (L.) As yet no express instructions bave beea issued to that officer in the premises, He is, of course, expected and will be re- quired to act with whatever resolution the occasion may call for, In te test report received from tbe Marshal, which ‘Dears the date of the last mentioaed, be announces that the letter which in the first instance be addressed to Major General Sickles, and to which he has received no Fepiy, at Wiimington, be mentions an endorsement there- on of several inquires addressed, as he is understood to say, to bim, datedgat Charleston, August 12; but be aos not’ state whether or not any signatore was subjoined to them. He furnishes no full transcript of these endorsements, but reports a copy of Risown made in response to those referred to on the same letter, In bis endorsement the Marshal recites apparently some of the former:—"Where and geveral causes of action accrut were for debt or other causes gon, When judgments were g cess’ Was issued, It the object of the inierrogato- wies wa to elicit data upon which Genera! Sickies could ino whether or Hot the proceedings were regular Jid which had been conducted to judgment ac- @ordiag to law under the presideucy of tue Cuief Justice @ the United states, | must say that it would be diiti- ult to imagine a mor prepoetoroas affront to the beach of justice, legally considered, thaa to thu. attempt to con- straiu or invite the mnisterial oficer of the court to Ynquire into the validity of ts process in bis hands, ‘The Marsbal, with due propriety, declined to engage in the investigation (Mj. Finally, by a communication of the 224 instant, a copy of which is herewith apnexed (N). the approval of the cated to Marshal Good: to the effect that ance, be hall repor W offenders, with their aiders and ebetiors, to tho District Attorney. a bas done inthe be is required to deport bimself as die, ut that he ls net authorized to the pari respectable, for the privilege of exec | process or of obeying the laws, and tha hole ditti- puy submited to (ue Executive, ‘Tous the matter s.avds, ‘Although it does not, in the hamble o ed Faignet, qualify in aay decree upon ew question bie prive ty Jaciva which General Si end soldiers bear to the violaied laws which are in force for We punishment of persons wuo obs.ruct tue admin ‘tration Of Justice im the courts of the Uuited States, fi may be just to mention bere that the remarkable ‘ection of that distinguished officer appears to have been ompled by the real persuasion that ap order issued b imee.! in Aptel last, Of which, from a2 official copy, n of the dand QvoVe entire the paragraph thai touches this question, is of such uncommon dignicy that it is bis duty wo ei it, in 1s largest construction, fn defiance of the cousti tion and statutes at large. The following ia the order Judgments or decrees for the paym tion arising betwoes tbe L ow pendl | bo Bereatiet ipatiiuted or commence’ tor G07 such canes of a Thin order does not expressly except suits in or pro- cos of the courts of the Uaited States. Certainty such an exception must have appeared quite anaecessary, in case of controversies be ween citizens of difleregt , for example. the judicial power of the Caited States is vested abterior to ail laws of Congress, DY express provision of (be constitution. A similar grant of juris- @iction by General Sickles mus: have appeared ridiculous, had such beeo in-eried in bis orter, for the onfranchise- ment of the federal courts ‘Much more absurd would it bave appeared bad the vilnge been imparted by general tw the United States to institute suit, and realize, upon execution acains: a defaulting public agent or a deblor, where the cause of action had arisen Deiween the 19th of December, 1860, and the 16th of May, 1865, But the expediency ot Crimiual proseou- tions is at loaat as falty lodged in the discretion of the eowmander in the reconstruction district as that of col. Jecting debta, It ie to be understood shat the ponisn. ment of counterfeiters of the ational c! 7, cobbers of the United States mail, &*.—throagh the insirumen- tality of the national coors im tae Carolinas—ie con- ducted by tribunals deriving ee ee eee from the forvesra..ce of executive agente ere soeme to be no which the punishment of persons United States, and is simply the case of a high misdo- aeciabiliy of, spectabill Zuaks langer to t! derstand that it is deemed necessery, {1 defore your Excellency the facts and i annex to the forecoing statement some citations and reflections which appear to the undersigned to befit grave occasion of an incipient atiack by arms upon the department of justice. ‘the only authority, manifests itse'f in action. confederation; essence be unsafe and unfit for a free people where such a department does not exist, with tensive with the legisiative department, is no judicial department to interpret, and execuie . and to enforce rights—the government musi either por- ish by its own imbecility or the other departments of government must usurp powers for the purpose of com- manding obedience, to the destruction of liberty.” (2 Story Const,, 1,574.) o ernment,” © thefoonstitution, adopted two fandamen‘al rules with entire unanimity :— fir-t, that a national judiciary ought to possoss powers constensive with Ube legislative department.”” (Ibid, 1,577.) upanimously for the dence of (he judicial tive and pass ee the :econd to approve and ex*cute them and the i rately, the velue of their and solicited their instruction Writings of Washington, pp. 35, 86.) I could not with areater humility conclude this particular topic, with my dice, They therefore empioy confidence and to mako th» psopl sabverting their own rights and liberties’ Const.. 1 611.) the third part of th quire what is the sphere of its authority. acest way [rom time to time orfain ‘seo. NEW YORK HERALD. MONDAY, SEPTEMBER 2, 1867. pated that upon @ loose implication from an order gated by a military officer, charged withio a e:r- i daties, under dici Hablishment of the repablic self ousted of jurisdiction, stripped of aatboriy and de- graded to gubserviency? Was, it expected that the Judges, im consequence of such ap impiication,, wou'd vafathfully turn ther backs upon petitioners for jus- jon which applies i al the Union is evt. the orde: . ia Ovi. dently an afterth The order ts dated Ith of April, On th ne the Chief Justice opened the st he pab‘icly aunounced in sub. formation of all parties concerned, on the eceasion of ‘ng himself on the bench, that Mt was incoimpat with the authority of the national judiciary to sit where a military authority ex. tsted whic 1 impede its process, aad that it wag solely in ence of the fact that no auch military ted that be felt willing to hold thas ‘endered notorious by general pudheation in the n>wspapers atthe time. The order expressly forbids he instiiution or prosecation of certain suite The court was held, afwor the solemn publication to the bar ‘and the people referred to, and the suits im question herein were prosecuted, all open contempt of the order, and of all other orders tending to hinder the coo- stitutional independence of the judiciary, Yet until after the departure of the presiding officer from the lo cality, no s'eps, as far as T have information, were tak: w enforce this order im the premises, With the validity of the order, as operating upon the jodicatares of the States whose resuscitation has been court in stance, for th court, confided to the management of Major General Sick!es, and fog py with the expediency of it, the present matter is not in the least concerned. I respeeitaiy, sulimit that the case is one of those witbin the purview of the statotes in force for obstruct process of the contemplated. the principal offender, higher dignity of ents, to the It te respectfully suggested, as a principle upon which difference of opinion cannot be tating im this coun- try, that there is no rightful anthority here which is not rived trom the constitution and laws of the United States. It would seem to be highly impertinent to attempt to esiablish that prop sition, and almost as im- Pertinent to arcue this necessary result, viz:—Tnat ail military autbority must be mediately or directly imparted by, and consequentiy dependent upon, the civjl authority. Action by military persons, therefore, which ia outside of this principle mast be unlawful; and if done with intent to resist that principle, as embodied im the constitution and statutes, such action, if overt and with arms, i treason as the United states. Military power is but a form im wilich the civil me confi therefore, between the civil and the military authority of the game sovereignty is logically impossible, unless through the fanit of public a-ents, either civil or mill- tary. The laws of a country must, and the minister: of ‘those laws may be, in harmony ; but they may not—and this from innocent or frem cuipable motives, These principles are of the utmost importance to public order, and bave been so recognizd by politicians of every” school, and partisans of every faction of note, from the foundation of the republic. Surely no litical party will repudiate, as none can exclusively claim, these essential conservative principles. No can- did person would hesitate to accept their sibstauce as indisputable; and we may thus eliminate at the outset most of the extraneous matiers tending to complicate the unfortunate collision which has occurred, and may be warranted, 1 think, in inquiring whether it is any- thing in law but @ misdemeanor in violation of the laws in force for the furtherance of the judicial power. Bat the high rank of the principal offender, as beforo ‘suggested, and the salutary public objects to which his exorbitant action would probably be ascribed, no less than the great magnitude of the power with which he could support h's error should be feel justified in such a course, are circumstances which give the occasion an ex'raordivary character aed inspire the undersigned with that sepse beth of ita delicacy and importance which demands the introduction bere of the principles of the subject, as pronounc d by standard authorities. POWER AND SPUKRE OF THE JUDICIARY. Chancellor Keot says:—“The judicial power of the United States is, in paint of origin and title. equal with the other powers of governmont, and is as oxclusively vested in the courts created by or in pursuance of the constitution as. the legislative power is vested in Cov- fa or executive power in the President.” 13 i Conner, e Federalist, No, 78, is an elaborate and Inminous exposition of the central idea that ‘the complete inde- eared of the cours of justice 1s peculiarly essential ty a limited constitution." Mr. Justice Story says:—‘‘The importance of the establishment of a judicial department in the national government has aifeady been incitentally discussed.* @ want of it constituted one of the vital defects of the and every government must im its wers Coex- here there Pronounce controversies the laws—to decide ‘Tho same authority says, speaking of the judicial de- partment:—'‘To the people at large such an institution 1s peculiarly valuable, and it ought to be eminently cherished by them. On ita rm and independent etruc- ture they may repose with safety, while they perceive in. it a faculty which is only set in motion when apphed to; bat which, when thus brought into action must proceed competent power if required to correct the error bdue the oppression of the other bravehes of go °- (bid, 1,576.) And further “The tramers ing these great principles in view, ich framed the constitution voted tual and invincible Indepen- (Journal of the Con- ‘nited States says:—“The ernment—the egeisties the execu- deoartmenta. first was to The convention te of 5 to expound and enforce them,” (Martin os, Hua- ) Authority oo'this point is so upiform that the above ter, 1 Wheaton, 329, may conclusively establish the sanctity, the dignity and the authority President Washington “considered the judiciary the chief pillar upon which our natior rest,”’ and of the national <e it of justice, I government must immediately upon the organization of addressed each one Ly pressed inaependence of operation (See vol. 10 Spark's Supreme Court in which he nerui Impressions concerning it. than by offering the unimpeachable counsel of Judge Story :— “Nothing,” said that great minister of justice, “ts more facile in republics than for demavogues. under artful pretences, to stir up combinations against the regular ‘exercise of authority. often interrupted by the firmness ang iodependence of upright magistrates not to make them at ali times hostile to 2 power which rebukes and an impartiality which conde! These sclfish purposes ara too thom, The judiciary, as the weakest point in the constitution on which to make an attack, is, therefore, constantly that to which they direct their assaults; and a triumph here, aided by any momentary popular encouragement, achieves @ lasting victory Over the constitution itself. Hence, in republics those who are to profit by public jone or the prevalance of faction are always the enemies of a regular and {udependent administration of jastice, They spread all sorts of delusions in order to misiead the public mind and excite the public pre)! ow full well that without the sid npn people their schemes must prove abortive, and they every act to undermine the public the instruments of (2 Story, We most then, as see, recognise the judiciary as eroment, And lot _us now in- This is the fain9 as the question in what branch of public business is the jadiciary the supreme power of the nation, The constitution ordains:— The judioal power of the United States shall be vested in one supreme court and io such inferior courts ae the Con- ‘and establish. made, oF which nde all cabes affecting ambassadors, o poblis uiuistera and. consuls; tall tases of samtrall maritine jurisdiction; to controversies to which all be m party; t ¢ citlaonsor subjects. (Art. 3, wee. 2) We soo here that whenever within the territory of the United States, irrespectively of persons or of circum- stances, & matter of coutroversy arises which is dis- tuncily comprehended under any one of the classes above quoted from the constitution, aad which ts in euch « posture as (o be susceptible of judicial action, it must ‘without adjadication, or ise 18 must be adjudicated the courts of the United States, This provision organic, it ia not fh the power evea of the Legisiature, if that body could be su ever to have made the attempt to refer the adjudication of any en of such cases against the consent of the a, derogation of the power of the judiciary to whe Exec tive, or to any poWer or agency whatsoever. For ex- ampic, ® controversy arising upon a contract between citizens of different States, wader this organic provision, the parties bave e right to put the federal judiciary in motion for the settiement of thelr dispuic, and it is obvious that this cannot be impaired without an amendment to the constitution. Tho ‘judicial power of the United States” is a unit. To tbe coustitution it i¢ mentioned in the sogular cum. ber, and the reasoning of the Supremo Court in the case of Mariin va Hunter, isto the effect that so much of it as the constitution lef Congress wo vest in inferior courts was incapable of regation. and, Soares. vested as @ whole fo the jodicial estadiianment (1 Whee ton, 330.) As @ power, thea, it is to be conceived of as om- pipresomt Within ils constitutional apbere, and, conse- quently, with respect to the dignity of tawfn! judicial process, the source of the game is aot of the least sig- ‘ance, and the laws forbdiddiug obsituction of it & ake, aceordil hu distinction. coutnmacy, theretore, a be more vulgar if offered to a writ held in the band of the Chief J the “upreme of & court at the lowest grade in the system, Thus oye aathority of the jadiciary in ai) matiors to ne by the cou- the organs of the power. To resist that power any- where, sud im any watter within its constitutional sphere, 6 to resist the whole of it, and to aspire to au issue with the judicial department of the government, 1: wigdt ocour to some minds that if this power over the subject matters confided to it by the organic isw be Supreme over the legisiature aud the executive, and of course, over the miltary branch of tue executive, It rather be whether the maht of executing process which has issued upon such judgment is anything else but one of the very ‘rights of person and property,” which, if the plaintiff reeks to execute it within one of struction districts, the commending officer is “provet,” by the express terme of Jaws (act of 24 Maren, 1867, section three) ? bev: ud dispute if tne authorities and the statutes w might, in auy given case, be misapplied by the | have been introduced are accepted, that the right of error or the crime of the judge. But this, | Mtigating tn the federal courts, and the riclt of Nike every other evil with wnicb wo may lawfu'ly | being tried in them for violations of the orminal cope, wi hout, in aecordance with its provisions, a nend- ing the constitution, has been anticipated and provided against in that insteoment, For misconduct, impexch- Meut ia provided: and for error, the matt of, aod a'l necessary facilities for appeal to another court, The Supreme Court, it is trae, cannot be supervised; but it bas no oriioai jurisdicion, with two exceptions only. Sueh is the cter of the judicial power, as the only anil last resort for the settlement o° a class of cases and 1 code of the United States, and, of course, the due conservation of their authonty in every form, are a par: of the rights to be protected and the duties to be performed by the reapective commanders of the 1° construction districta, In of General nickles reaches the full stature of @ perversion of au- thority, which, if persisted in, must immediately the character of the crime of levying war United States, an undertaking which would moment be imputed to the controve enumerated im the constitution, ( ! leliberate intention of an Craoon ) o'ticer honorably distinguished for nis gallantry in de- But the action of the jndiciary would be wholly inef. | fence of the constitution, But it might be said, may there not have been a doubt as to jurisdiction? Certainly in this as ia any other matter there may have been @ doubt; put it would in- sult the intelligence of the Commander of the Second Reconstruction district to inquire whether or not he sup- posed himself avthorized by law to forbid the Supreme Court of the United State: from hearing causes affecting fectual, and the power would Bot de co-ordinate unless the resuit, in & prom *r esse, was conclusive and bind- BZ wpon the other branches of the government and the entire people of the countre; for all the Proceedings of a court are conducted sake of the result, which in the dnal A control, then, over the foal process the whole proceeding. But a control over the whole pro- | persons inbabiting the States of North and South Carol na ceeding is @ control over tne court, the judges and tie | without bis consent, Naturaliy no person could hesital parties. This would not be controlling but abolishing | Whether be bad such a power, without consideri the court, whether he who abolished tt did or did not continue to employ ite judges and methods of business for the administration of his will. That be did so ia the cases; for if he did it by the permission of tl was the court and not he that exerted the pow aid it without permission, and because in bis opinion it was right for him to do go im that case, be may do so In any other case ip which he forms a similar opinion; and as ft cannot be foreseen what opinion ae of jurisdiction in nvarly any case at the term, @ man may form, It cannot be foreseen in what case if the judgment was then adverse to the power of General may think he ought to interfere; and if anv case cickles, it must hare appeared casy to ure @ final Mable to interference, no case is certain of reaching and conclusive decision iu the Supreme Court on a writ jadicial result; and under such circumstances there can | 0! error. If that officer had @ doubt on this subject be no legal adjudication, and prenly no court, | then, he must have known the lawful course for its so- ‘Yrs shows the real necessity of a judicial authority, | lution, Whea a difference arises between @ military which is securely fortified azainst all possible interfer- | azent and @ court as to the juriddiction of ence wiiile the state of society admitsof judicial sessions | the latter, and the former presumes Such being the nature o1 the judicial fgnction and its | to decide it for himself in his own favor, the act can power ia the federal government, it is obvious that the | bear ne other name than usurpation. But it may be territorial field of its operation is coextensive witn tne | thought he did so only as to tne imferior court, and not whether it was not his duty to coerce the court by arm! if it should resist him? We must take It to be certain that it could not have beea in the cratemplation of General Sickles when tasuing bis Order No 10 to dispute with his sword the authority of the Supreme Bench. Yet, it is ‘equally certain, that if be had been disposed to national domain, which, with respect to the judicial | as te the Supreme Court, Now, though he may not power, considered as a unit, is @ single territory, | have si the fact, a moment's reflection must subjest to be divided into places of jurisdiction | show that the interference which is under consideration as msy be most convenient for the purpose | was an interference by General ~ickles with the judi- of admintatering justice. But with respsct to | clary, including the Supreme Court of the United States, the subject matters of judicial cognizance, it is far other- wise, A large proportion of them presuppose in their existence organic geozraphical divisions, as into states, inchoate States and the seat of the general government. the District of Columbia These are political divisions, Tuaicial divisions exist, but they are altogether inde- pendent of them. These are adapted solely to the pre- | 3" sumed expediency of administering the judicial power, and may be altered from time to time by Congrexs, They may and usually do coincide in somo degree with political and other divisions of the national domain. But they are pot necessarily coincident with such. Tuey are places of jurisdiction. Circnits are com; a usually of several entire ~tates, and districts ,omefmes composed of parts only of different States. This does not a‘fect the causes of action over which tne judiciary shall exercise exclusive control, for they remain the sarne as if each State of the Union was a district, and only districts were established, and no cireuits. When acanso of action, or a criminal infraction of a law of the Unived Stares, arises for the action of the federal judiciary, the cognizance of the latter is fortticoming, and the only question ts, in which district or circuit shall it be taken, The common territory of the nation is also subdivided for other purposes, as for the purposes of collecting taxes, duties, &c., by act of Congress, directly or through executive agents empowered so go do by (Congress. Such divisions, like the judicial provinees referred to, are subject to change at the pleasure of Congress, The Teconstruction military districts in the South are examples of districting for, specific and tem. porary purposes, But here arises a most important distinction between judicial geographical divisions and those of any other kind which have ever been croated by Congress, Untifthe 26th of Sentemb>r, 1789, (let Stat. 73 et arq.,) the judicial power of the United states was not all vested. Upon the passa-e of the cclebrated act of Congress of that date, organizing the inferior | — Three acts of Congress pa-s undr the designation of courts of the United states, the whole judicial power not | the reconstruction taws, those of the 2d March, the directly vested in the Supreme Court by the constitution, | 25d March and the 19:h July, 1867, The preamble of rested in the courts so created This proposition having | the first declares a state of political and social diseolu- been Mid down, after solemn argument by the* greatest | tion to be impending or actually existing in several of our jadges, and nover since disputed, must be accepted | States of the Union, and tbat, in consequence of ther as unquestionable. condition, and for the purpose of effecting their restora- It follows from this thet the power of the lecis'ature | tion, the proposed legisiation has become necessary. cannot go beyond modifying and changing, from time to | Supposing the conditions to be as declared in the pro- time, a8 in their wisdom may seem expedient, the or- | amblo of the first act,, these statutes are to ization of the courts and the division of the country | be treated as eminently remedial con- into jndicial provinces, But having once vested the judi- | servative. The States being prostrate, im the cial power, which, as we are instructed, Congress was | opinion of Congress, the object was to restore them. bound to do, that body cannot have the power to | But the legisiative and executive depariments of the vacate a judicial tract, But tt is otherwise with | government partook in a0 degree of the prastration. as the districting for revenue or other purposes. The con- | would be conceded; and how much did the judicial de- Stitution bas not inhibited their total sbolition at the | parunent partake of it? If the object was to recon- Pleasure of Congress, Bat thore {s another reason why | struct what bad fallen into ruin, so that it should be ‘ogress could not abolish the judicial districte of che | restared into good order, shall that which is in good United States, though they may, and frequently do, | order be overturned? Obviously, what was left of order change their bonndaries. The constitution pr vides:— | was to be conserved, and wnat was disorder was to be “In all crimival prosecutions the accused shall enjoy | restored. Ip respect to the revenue, the maiis, kc, I the right to a speedy and pubhe trial by an impartial! | have heard of nosuch destractive interference; but in jury of the State and district wherein the crime shall | respect to the courts, the disposition is eghibited to have been committed, which district shall have been | destroy. Yet the whole series of provisious in the Previously ascertained by law.”? (Amendment Const., | several acts contains nothing in which I can perceive a Art. vi.) A power to abolish all Jocictet districts would, | source for such an ing misconstruction. On the therefore, de a power to abolish all criminal jursdiction | contrary, the following act, which. like the act relating of the United States, which would defeat the law. | to the allotment of justices. took effect on the saine day making power itself. The judicial provinces, of | with the carliest of the Reconstruction acta, appears to tho nation are, then, something more thao demonstrate the opposite view. 4 nue provinces or reconstruction provinces—employitg | aw AcT RELATING TO APPEALS AND WRITS OF ERROR 10 THE the latter term for clearness of distinction. Thoueh SUPREME CovRT. sgurject to the modification of their boundaries, as may » That where any appeal or writ of er- be expedient, the territory embraced in them cannot bo J To! has been brought to the Supreme Court from any final either exonerated from the power of, mor doprived of | {udement of terre ot eet in which, subseqmentiy, (0 the right to, the national machinery of justice, except, | to the rendition of such judgment or decree, the regular indeed, whon violence prevents the operation of that machinery; bat then only while the interruption con- | by insurrection or rebellion, such, apneal or writ of, error tinues to prevent the regular judicial sittings. A vio- | s! ted lence cannot, of course, come from the Legislature itse!f; | dy law for bringing the kame may have previously expired; least of ait through ‘& mere construction of its acts, | S04 1p eases where no Ce or writ of error has been bi he fr uy it or decree, such appeal passed with objects extremoly remote from such a pure | STOcaht from uny suc) dee e me eithia one year from the as @ whole, and the force which, through ite subordi- nate, Colonel Frank, was threatened agaiest the process of the Circuit Court, caanot, I think, be distingnished in law from a similar threat, radely directed, to the Judges of the Supreme Court at Washington The process, which was in Marshal Goodloe’s hands, and, indeed, for ht that appears here, may have been ‘eeued in pursu- ance of a mandate from the Supreme Court, remanding acanse with directions for further proceedings, in con- formity to the decision of that court. A control over such process would bo @ control over the whole pro- ceedings, and the court itself ite august judges of their Judicial will, process may be controlled by the Moreover, if final order in question, 60 may mesne process, or any step in tiligation; for the order expressly commands that cer- tain sats be stayed, and that like suits, mot yet imitiated, shall not be instituted. If the inter!erence with process which is now in hand conld be justified, so could an effectual interference, at any stags, and in any case, at his pleasure, in the Carolina district be made by Gene- rai Sickles to prevent all appeal to the Supreme Court, This, potentially, is ous:ing the jurisditeion of the Su- preme Court itself, abolishing the federal courts as such, in the locality; separating his district m one vital par- ticular, from the national body politic, and depriving Congress, the Executive and the peonie of all means of eniorcing bis subordination to the United States, except by force of arms. The virtues of no man may be per- mitted to authorize him to aspire to so dangerous an io- dependence of bis fellow-citizens. So, if there had been a doubt whether the powers of the United States courts were affected by the reconstruc- tion laws, the proper way to solve it was the very thing which would bo totally excluded by the violent action which has been taken in the premises. But is there so much as a doubt? THR RECONRTRUCTION S™ATOTES. ‘year pose. ‘of thisact. The ‘ions of this act shall not ao- What, then, ie the stator of that judicla) province Bly tos case whch “errighte Bring ah appeal or rit which ls designated by law the “aistrict of North Caro- | peas ption lina” with Tepeot to the sanctity of crvil ? ne 2 hers sessions of the court. (Heetion 1, act of By the act of Congress of the 4th June, 1790 11 Stat , 126), it is provided “chat said Stal iM be one district, to be cailed the North Carolina district, and there shall be a District Court therein,” &c. By the act of 15th July, 1946 (9 Stat., 38), itis pro- vided that “the circuit courts of the United States for the district of North Carotina shall be held on the first Monday in Jane * * * and all actions, suits, appeals, re- cognizances, procesees, writs and proceedings whatscever pending, or which may be pending, in said courts or re- turnabie thereto, shali have day thereia, and be heard, tried, proceeded with and decided,” &c. Is this act repealed? It will not be pretended that an act of Congress of the United States has heen repealed by circumstances, If ever Congress has !mpdired a con- slitational jadicature, once established by the people, it was not by an implied repoal; nor could it be done by any implication but such as could be reconciled with no other reasonable interpretation of the statute supposed to work such repeal In the present matter, however, ‘This act, if regard be had to its special object, may ‘de taken to be in paré materia with the Reconstruction laws, and to the all to be read as mentioned, the object of thi which had ansen out of the rebellion; but the por pose of this remedy the judiciary, and not the district commander, were to be the instramentality. Rights of appeal waich had not yet expired by lapse of time were cut off by circumstances, These circumstances con- tinced until the limitation expired, and with it the right, after which they ceased. The object now was to revive said rights. The eircumsiances which bad intervened, and which had now ceased, are denoted to the act, ey aro thus defined in it-—* regular sessions of the court have been suspended or interrupted by insurrection or rebellion.’ This act by unmistaka- ble implication shows, on the day of passing the Reconstruction that with the ex- statute, posi ication, ft ct which took effect | ception of the suspension of .interruption of ca tee ame ae: “ith the frst, of the reer otrwetion the regalar sessions of the court by rebellion, &c.. the acts, amounts almost to an express provision for the | judicial establishment was perfectly intact. as if there had been no rebelion and no occasion for restorative continuance of the North Carolina district, in common with all the others, as follows:— That the Chief Justice of the United tates and the Associaie Justices of the Supreme Coart sball be ‘a lotied among the circuits now existing, by order of the Court, and whenever a new allotment shall be required or found expedient by reason of alteration of one or more circuits, or of the new appointment of a Chief Justice or Associate Juntice. or otherwise, It be the duty of the court to make the same, (Act of 24 March, 1887, The circuits (and consequently the districts composing them). now existing %. «, existing on the day the | "Such, ta respect to its dignity, ite power, and the ua- first of the reconstruction measures took effect, were | irepaired integrity of its machinery, ts the judicial estab- fon the chien ot msg nse antet pavien tae lishment of the United Staten, = To guard wpe aor nf ‘e qu stor ministration of justi Congress vi Possible “alteration” of euid circuits was anticipated, Se Mish: ne showing that until one or more circuits sbould be PUNISHMENT POR REMISTING JUDICIAL AUTHORITY. alored by law they were not 4 be otherwise recogn nized | The following provisions, among others, belong bere:— me nevetatore, | Accerdingty, the, Collvwing 1 knowingly and wilfully record in the Supreme Court, under date of Monday, | ,,!f say Person or persous shall Knowingly, end vine April 8, 1807:—= . chara Fein or opine serve or execule, any meene . That _ only interruption had, to prot of Congress, wholly passed sway, at least, on March, is evident from the fact that the act was passed gravting a thing to be done now on the express ground that by yh interruy it could not bave been done formerly, aod requiring that it be done within one year ag nn eis interraption, runs run = whore the rofl ts to where. legisiati Ordered—That the following allotment is made of the | cose or warrant, or auy rule or order of aay of the CMef Justice and Associate Jrtices of the Suprease ‘Court | of the Uniied slaten, of any otber legal or Jadicsat it or of the United Stateas among the courts, agreeably to the acts | proves whatsoever, or shall assau! or an: of Congress in such case made and provided. Ofloer of other person duly authorized in serving or order or or warrant aforesaid, offend ia Se Secrets cating any writ, rale. every person a0 bo tyr twat ‘montha, and fined, Bot exceeding $300. (act The assigninent of the several justices is ep among which tbe following appears:—For the Lay cirenit, Salmon P. Chase, Chief Justice. ‘The first section of the act of Congress of July 15, 1862, passed when the repollion was in fall headway, th showing that the int ion of the session by ange which Congress was wiil- violence was the only or in jug or obsructing the execution of the writ to recocnize in the judicial business, provides, | oy sureate ef violence whien it ie in the power of the “Hereafter the dis-tricts of Maryiand, Delaware, Vir- te enforce, (United States va. Lowry, 2 Wash., pe Seaoen aball constitute the Fourth | ig9) any Nereis peel a ke cop ae rout’? (1 lawful easstanta, Placed way Te is thos made apparent, mot only by earlier, but by | fe marpose of obstructing him, iesumficieat (2 Curis, contemporaneous legisiation of the same session, by the | ¢ ¢., ’ game individual members, and almost on the same day And what 1 process under this act? The cogrts say « mnder the s--x:itation of the United | jg embraces every legal provess whatsoever, whether cireuits as they stand in the statute book, Nemtower, acting io the due administration of was intended to nad mot be doomed aad held te be, ino the (United Staten, United States va Lakin, 3 we | Wash. 336.) coantry, composed of States or ie or shall, corruptly or drought under tne operation of the judi- | py a o 4 Weteaver so guhavecn, intimidate or jonary violence, be | impede any juror, witness of officer in any court of the Violence 1 the only | United States in the disebarge of his duty, or sail, cor- + ad supe 00 tp eiinanle ot Sees, <aswens o2 Saeco , stice therein, persons the jodioial bye = rs every person: ~~ (he jedietat power tasotect in | LeMematl, C8, See, ee ee rE tapeoom at j in od by fine, ot or <0 the district of North Carolion, though the subject mat- = exceeding three monn orben ‘according to the tere ited to a category. it ie cor. | ature and aggravation of the offence.” (Act of 2d tal subject matters the courts of the | paren, 1831, section 9, 4 Stat., 48.) ia’ con! execu aes ma where woot the f & the \ . (4 | Unived States, and especially all euch as aro intended Rage, 280). To “saspend’’ s jndgment ia @ Manner oot quard juaicial authority, telonan, inted out by law is, therefore, to suspend the law. | to the supervision of the Attorney General. It g i Supreese Geese cays: thus to devolve upon this office to reflect the indignation ‘There te mo principle of law battor settled than Bhat every | which the Iaw encourages ip the judicial breast against rt Sp aay jurisdiction shall Be preeume: an igsubdordination which, whom it refuses reverence, ann hyde destroys power, unless the department to whieb the na- soccer tecright of the pial Hons! sword t@ confided pats itself in motion for the oa Se rahe 40) . Vindication of the conetitutiona: ministers of justice, errors ortee cowrt, rer apparent, em! e ined only RESPONSIMEITY OF TER RERCUTIVS. the Ly aura cited (Vooraees ve. Bk. U. 5., 10 Peters, It fe wot without diffdence tha: the impo’ e 3 tanee of occasion evoker @ furtber and final remark tovcbieg Surel; bende Asada ied estat Oe euneel ——~ berein of the President of the United of the Union bas to vest in : “ over Wi becomes & law contemplates for iteeif that Indian ed m showetor arvacona etch wlye boon pro: nba be executed, “ints tba with the revenue jaws, nganeed if » court of the Ui fretes, 146 the laqary ‘the postal lows, the criminal laws aad the military lows. and it is thus with the reconstraction laws, which the present Executive feels bound to carry into effect, in sheir true intent and meaning, ascertaine Principles of inierpretaiion which ar6 themselves & tacitly substantive part of al! statutes whatsoever. But all the laws of any country must 0€ presumed to be in harmony with each otber; and, therefore, should they appear to conflict with each other, the reconc’ tioa of them isa judi Of (he case, the disc If not, still as the coulictin: they mast be reconciled, ant case those who must execu interpret the laws, If the constitution be one of laws in quesnou the principle is, of course, the unlesa, indeed, it be of stronzer application. (Ch tice Marshail, 1 Craneh, 177, 178 ) jon of the laws, how. i. oo consttintion, | power ander our govern. departue2ts; oF, as in ; oF it may be vested ic is vested. there ia If the courts of rom degradation, it executive power of law-making power, Decause ite laws are ineffectual without ex and that is impossible again: stance without phyal- cai force, Tuis, then. is a ca: executive iuterven- thon, which, considering the transcenant value of an fndependent judiciary, is of the utmost sanctity of odli- gation, unless it shall appear that the independence of the judiciary ts not attacked, bat only thit the exeon- tion of a law, by an executive agent, involves a consict with che pret of the jud-ciary, The latter would seem to be the views of the officer charged with the ex- ecution of the reconstruction of the Carolinas, and he is an executive officer. But jurisdiction is a judicial ques- tion, and one which the judiciary has this instance and decided against the executive officer. The latter, not acqutescing, the case would resolve itself into a cass of @ collision between the execitive and the Judicial departments of a common government. That defines a revolutionary relation between them. But has that revolutionary relation arisen? think not. If the executive power of the United States resists the judicial power of the United States there is indeed such a rela- But the constitation of the United States pro- oor oe executive power shall be vested in a Presi of the United States of America.” (Art II., sect ion 1) All process of the federal courts run in the name of the President of the United States, because the man- dates of the court call him to action as they do all to submission, and he must execute them as laws of the highest sanctity, by the whole power of the nation It may be vested asthe jndi went 15, in several persons Fome countries. in a }arge assem! in a single ind videal, "Wher Mf necessary. dea eancy mie meeet come with the na- judiciary? If not, since the whole executive wer is thus vested in you by the organic law, and can divested by nothing but a change of that orcanic law during your incumbenev, it must follow that the “collision of authority’ which 1 the subject. hereof is the mere misdemeanor of a contumacious and’ unfaithful executive it, who, having offended against the law- ful power of the judiciary, rendered bimeelf liable Prosecution according to law. But the great responsi to jt bility which appears to "ne to arise on such an occasion, where the phvsical power of the offender is great, is this:—That for the sole Executive to suffer the judi- Clary to be overtbrow in any case would be potentially to overthrow himself; at therefore, | am solemnly impressed with the belief that, unless the Presi promptly represses the contumacy th: to bim. he will be exposed to the just impntation of a culpable insensibility to the co-erdinate dignity and ount fe yh Biv ol ac department of ju od Con- mpt julged, speedily grasps at heart. ines Svobiin coder. 80 eat bi le ‘ery respectfully, your obedient servan’ y JOHN M. BINCKLEY, Acting Attorney General. To AxpRew Jowwson, President of the United States. THE PRIZE RING. MUI Between Bill Arnold, of Brooklyn, and Teddy Duffy, of Boston, for $250 a Siie— Sixty-Seven Well Contested Rounds ip One Hour and Twenty Minutes—Dafly Breaks Hie Wrist and Gives Up the Fight. Another fistic encousiter, in regard to which consider- able interest bas been manifested, especially in Boston, came off yesterday morning on Long Islagd, and was witnessed by about one bundred persons, the fight last- ing one hour and twenty minutes, during which time aixty-seven rounds were fought, The contest was brougnt about some two weeks ago at the benefit given to the English pugilists in this city. One of the parties, Bill Arndid—an Englishman—hafls from Brook- lyon, and is about thirty years of age. He is a Diacksmith by trade, and works for the Brook- lyo Railroad Company. The other party, Teddy Duffy resides in Boston. These two boxers met at the above exhibition and agreed to fight, but could not agree upon the stakes. They again met et Coburn’s and Rocky Moore’s benefit, when they came to an under- ‘standing, and settled apon lay as the day for the Duffy was to have the choice of ground Both at themselves into training, and reed to fight aorording "to the Wow vules “30 tho "Wag: lish ring, for & side. It was intended that the ~~ should take place at “Savin Rock,” near New ven; but, for some unkuown reason, the locality was anda quiet little spot on ‘Sound, iker's Inland, was selected in ite I i Duffy is about five feet seven inches ‘weighs about one bundred and forty pounds. Arnold is about the same height, but weighs Gfteen or twenty pounds heavier. A steam (ug chartered for the occasion left about one o'clock on Sui way quiet t 4 i i g : i iE; 5 = ti gs ge i i i : I E # : z He i 53 ¢ H 5 ry ge i ri enlaly glee i; i 2 i i 35% 3 uf i ii a 3 i ie 3 4 i § i i ie sot tans oes rome | mped into the mng. iameburg, Was chosen at ten minutes to five very careful around the Grst to send out a feelor, Daffy’s face and sent in an Duty made bim a testimonial ander the right ear and one on the a. 2.—Arnold again led off, and sent home a peeper, Ho ractind away for a but finally got a crusher over the im drop to avoid another heavy at his ribs. Het i 3 a Ain 33 re i : a wore fought cautiously. fy sent in a haummer’ blow on him of nis pias. First knock and allowed, Rocxns 9 axp 10.—Arnold down, Arnold baving been knocked down three successive rounds, made bim look sharp) When be came up he got in a blow on Dufly’s nasal organ and — Bot aren 12. ih worked very cautiously. Arnold got {a one agaia on Duffy's nose and dropped az before. Rounp 13.—Daffy tied to force the Hghting and sent im two or three cood blows; but as soon as Arnold struck him be went down. 14 —It was now evident that Arnold was going to play the drop game, 10 try to tire out his oppoaeat; — on Dufy's body heavily and went down, —Dafiy succeeded ip geting in bis tef on Mouth, which caused it to sweil considerably. Rooxy 16 —Dufty again tried to force the fight and caught Arnold in the ueck and seat him headlong into bis corner. Rox 17.—Arnold got in on Duffy's jaw and mbs and went dow: Roux Duffy got in a blow oF two, as did Arnold, hey closed avd Arnold was thrown. Rovrp 19.—Duily well to work om Arnold's eyes, the latter on Durty's ribs. Roop 20,—But little work down. exebance and Arnold ment, Rowxp 22. very careful, Arnold got in oo Duffy's noe and dropped. Bern 23.—Arnold got a teller in the back of the neck, which sent bim to mother oarth instanter. Rowwp 24 —A! Boat upper cuts on Dolty's jaw and @, which told badly for him, af it soon began to close, noiwithstanding he efforts of his seconds to keep down the swoliiag. Rocxn 25. — Duffy got another over the right eye and Arnold one in the ribs, the lauer dowa, Rownp 26.-A few exchai an) > 27 —Arnold made a ru however, managed to get in a ribs. Rovxp 28 —Roth again careful of each other; Arnold in well on Dufty’s ribs again, while we latter warmed = ye OND 29 — as 8 weil fought round; both stood spe, and Yestnes tact cxhee: shed t the head, when they Spally closed and Arnold was throwm Kovxy 30 —Amoid let go his and cought Duty sa.ee meen, Dut got for hus Rocnn 31, —An exchange and Aryold down, good one oa Duffy's —E—E————EE Roowp 32 —But little fighting; an exchange again and Arnold on his kaces. Rovnp $2.—Both shy of each other, jd worked on Duffy's ribs, which tolt ly, when Duffy got to work again on. close and Arnold thrown, Re rnold got one over bis right eye ana Duffy oue in the jaw. 0 Arnold working oo Duffy's riba; the later ery time. Rovn 38.—Arnold now sent in a home out on Duttr'e aged right eye, which put st eompietely in mow a- Rorwns 99 ro 68.—The fighting was much the same, both men taking and giving punishment, bat Arno! Most freqnent!y down, Rownp 67 —This_ was the worst faneht round of alls got severety punished, when Daffy finally touche his man over tothe side o* the rons and sent out bis left- with fearful intent, It missed Arnold, who dodged, and struck one of tne stake posta, breaking his wrist, He immediately retreated to his corner suffering the m intense agony, aud being unable to fight any longer, upon the call of time hie second ‘hrew up the sponge it ioken of defeat and Araold was declared the winner, Had it not deen forthe above acortent it would have been avery long Mgbt, aud it is doubtful who would have won, The whole party returned in xafety to New York. Prize Fight on Stat ing of the “Fancy? Jersey Thirty-two ried Awny Insensible. Saturday last, by pre-arrangement, a umber of the prominent sports of the Prize Ring. residents of New York, Brookiyn and Jersey, asvembled well known sporting house in Jersey City im order to make the flual arrangements relative to @ fight to take piace between Mike Donnelly, of New York, and Bill Harrison, Jersey, for $150 aside, At three o'clock the rendezvous was crowded by friends of both parties, who, after due consultation, decided on adjourning to the neighborhood of Bergen Point, where it wasarragnod the ‘‘mill’’ should come off, The two men and their trainers and seconds wereg om hand, apd left immediately after the cround was named, They are both unknown men. although not novices ab the business, and have evidently studied the manly art’? to some purpose, as was shown in the course of proceed ings yesterday morn‘ng. Donneilo, the heavier of the two, isa blackamith, about twentv-cizht years of age, and Harrison, a miner, is onl¢ twenty-five, and of lighter weight and eplendidly built, mach better than his eppo- nent, who, although having plenty of muscle and tm- mense strength, did not show the elasticity and freédona of Harrison in parryioe and returning blows. The match originated about four *«eeks ago ine bare room in the Fourth ward, whore it was asserted by Don- nelly and his frionds he was the ‘best man” of hist weight and size in the citv—nota professional borer. Harrgon and seconds tonk up the chalienge and posited the first instalment—$25—which was met the others with an equa! amount. Both men then wen@ {nto training, and the remainder of the money was subs seribed by last Tuesday, and nothiog remained to be done but choose the ground and the time, for which: pose the persons before reterred to met together im te City last Saturday As it was and is yet supposed that one of the com~ ‘batants, Harrison, intends to adop' the ‘‘ring”’ as @ prow fession, many the most prominent gents of thas persuasion attended to witness the debut of the young neophyte and rd him the aeual honors, \ The gathering at Jersey City was very orderly, an@ each one of the initiated baving been informed of the details of the programme, they quietty scattered to take pacsage individually to the destination by either boat, railroad or “Sbanks’ mare.” A Geld within two miles of Bergen Point, just off the highroad, was selected as the baitle ground, and the fight was to come off at five o’clock in the evening; but in the meantime the resi- i HEHE au ile al i g a : bf SPECIAL TELEMAM TO THE HERALD. mm Jones Recovering from His In| e if MeCoole=shepara Challenges $1,000 and the +3 Crxcmxati, Onio, Sept. 1, 1867, ee 10 o'Clock P.M. } Aaron Jones remains at bis quarters at Shady Grove, He seemed cheerful today, and will speedily recover from his injuries, which are less severe than reported. McCoole, who remains in the city, appoars at the National thestre Monday and Tuesday pights, and haa mado @ proposition to Jones for two exhibitions, one here and one in St. Louie, the benefits to be equalir divided, Thecollection taken up for Jones by McCocle on the cars yestordav amounted to $200. Shopard (light weight) has challenged Barney Aat to fgot at one hundred and twenty pounds, for $1, a cide and the championship of light weiguis. Aaron has not yet responded, LO°G ISLAND INTELLIGENCE. XG, —Up Sunday night o& quite a tate bour Mr, William Hastings was publicly as saulted upon the highway in Fluehing by three men and compelled to surrender a gold wach, valued at $200, a dine mond pia of the value of $60 and about $40 in money. He was proceeding hom rd from the camp mesting and stopped at Fieshing wb peguenees ‘of catch- ing @ laie train to New York. Thi ts aot Sno cal se ‘that bas occurred in this neighborhood within & time. Drowwen,—-On Wednesday last a young man same® Geary was drowned while bathing im Sheepshead bay. Ho struck his head apon a rock while diving, dislocating the neck, and death ipatantly Atrewrre Rare.—Stepben Stimack, an aged man, @ glass flattener by trade, called at the boarding bouse of one Mra. Ryan, in the village of Hanter's Point, where, he bad rome time before boarded, or fie rae ry a E 10 mairs room Haee He was tot Sate he would nd a light burning, Instead of proceeding to the | floor he went inte the room witere a young was sleeping and st teropted to ow ber person. The cries of the chiid soon atiracted the attention of the mother, and upom going to the room she cought him in the act, Stimac! seeing that he was @ , fed to the ‘and was in bed, feigning sleep, in a few minutes, Am officer was immediately gent for, and Stimack was are rented, Bu pretended to Know octhiag of the affair, Om he . ‘e yr was taken Defore Squire Madden. He w an nation sod was sent to tne Queeos toawait the action of the Grand Jury. The little but two years old. mack ise married man bag) soveral children. ded this month. The mackerel are ‘an fast as they arrive, and prices have advanced the nt week. Last year ei basen tere as Bg now EST oParenae “hea eae a ‘ ag eeapon. that full two thirds of ube Oot will make but 606 CP.