548 



NORTH CAROLINA. 



so to do by Colonel R. T. Frank, the military 

 commandant of the post at "Wilmington. The 

 United States marshal then addressed a letter 

 to General Sickles, informing him that the 

 process of the Federal courts was obstructed 

 by one of his subordinate officers, but received 

 no answer from the commanding general, 

 though he was soon after informed by Colonel 

 Frank that the course of the latter was ap- 

 proved by his superior. The matter 'having 

 been reported at Washington, General Grant 

 telegraphed to General Sickles in these words : 



WAB OFFICE, WASHINGTON, August 13, 1867. 

 Maj.-Cfen. D. E. Sickles, Charleston, 8. C. : 



Paragraph two, General Orders, No. 10, current se- 

 ries, must not be construed to bar action of a United 

 States court. Authority conferred on district com- 

 manders does not extend in any respect over the acts 

 of courts of the United States. 



U. S. GKANT, General. 



Thereupon General Sickles desired that this 

 order should be held in abeyance until he should 

 give a full explanation of the case, which re- 

 quest was granted. In the mean time the mar- 

 shal in North Carolina was instructed, from the 

 office of the Attorney-General at "Washington, 

 that the military authority imparted by the 

 reconstruction acts did not in any respect ex- 

 tend to the courts of the United States, and 

 that the case should be reported to the District 

 Attorney, in order that he might procure an 

 indictment against General Sickles for violation 

 of the criminal laws in resisting the process of 

 the United States court. The marshal was 

 furthermore directed to continue to execute 

 process in conformity to the authority of the 

 court, and if opposed, and menaced with force, 

 to report the names of all offenders to the Dis- 

 trict Attorney, for his action under the criminal 

 law relating to the resistance of process of the 

 United States courts. On the 24th of August, 

 a document issued from the Attorney-General's 

 office, addressed to the President, over the sig- 

 nature of John M. Binckley, acting Attorney- 

 General, giving an account of this matter and 

 strongly disapproving of the course of General 

 Sickles in the premises. The acting Attorney- 

 General said : " I respectfully submit that the 

 case is one of those which lie within the pur- 

 view of the statutes in force for the punish- 

 ment of persons who obstruct process of the 

 United States, and is simply the case of a high 

 misdemeanor, legally contemplated." General 

 Sickles addressed to General Grant, in defence 

 of his conduct, a letter of considerable length. 

 in which he says : 



If it had been fairly said that I entertained the 

 opinion that the same reasons of public policy which 

 constrained me to determine the time and manner in 

 which collections of debts should be enforced in the 

 State courts, should equally guide me in the exercise 

 of a just and necessary discretion in like cases in all 

 courts in this military district, my position would 

 have been truly stated ; for I do firmly believe that 

 Congress, intending to secure the restoration of these 

 States to the Union, made all other considerations 

 subsidiary to the accomplishment of this end. I do 

 not believe that processes of courts of the United 

 States should override aiid set aside the orders Con- 



gress has empowered me to make for the execution 

 of its measures. 



General Sickles was removed from the com- 

 mand of the Second Military District by the 

 President, and General E. R. S. Canby appointed 

 in his place. Soon after taking command, Gen- 

 eral Canby instructed Colonel Frank no longer 

 to oppose the enforcement of civil process is- 

 suing from the United States Circuit Court. 



In a general order issued May 30th was the 

 following section relating to the qualifications 

 of jurors: 



2. All citizens assessed for taxes, and who shall 

 have paid taxes for the current year, are qualified to 

 serve as jurors. It bhall be the duty of the proper 

 civil officers charged with providing lists of jurors, 

 to proceed within their several jurisdictions, without 

 delay, and ascertain the names of all qualified per- 

 sons and place them on the jury lists, and from such 

 revised lists all jurors shall be hereafter summoned 

 and drawn in the manner required by law. 



On the 10th of August Governor Worth wrote 

 to the general commanding the Second Dis- 

 trict, informing him that it would be impos- 

 sible to make the required revision of the jury 

 lists before the sitting of the courts in October, 

 as it would not be known who had paid taxes 

 for " the current year " until the returns were 

 made by the sheriffs at the fall term of the 

 county courts. Accordingly, the above order 

 was suspended with respect to the Supreme 

 and County Courts of North Carolina for the 

 October term of 1867. 



After the accession of General Canby to the 

 command, Governor Worth addressed a com- 

 munication to him with regard to compliance 

 with the second section of Order No. 32, 

 given above, similar to that previously made to 

 General Sickles, whereupon it was ordered that 

 the jurors already drawn and summoned should 

 be impanelled for the trial of all jury causes, 

 subject to a right of challenge for non-registra- 

 tion, and that for the next term of the court 

 "the juries shall be drawn from the lists of all 

 citizens who have paid taxes for the current 

 year, and in the manner prescribed by the laws 

 of the State." 



The following is an order of Chief Justice 

 Chase with regard to the selection of juries: 



It being considered by the Court that all persons 

 born and naturalized in the United States and resid- 

 ing in North Carolina are citizens, entitled to equal 

 rights under the laws, and therefore equally concerned 

 uf the important advancement of justice, it is ordered 

 that henceforth, in selecting grand and petit juror8 ? 

 the marshal of the United States for the District of 

 North Carolina make no distinction, on account of 

 color or race, among citizens otherwise qualified to 

 serve. 



It was also ruled by Judge Fowle, at the sum- 

 mer term of the Martin Superior Court, that, 

 since the abolition of slavery by the State, no 

 disability rests upon colored persons to prevent 

 them from serving as jurors when they possess 

 the qualifications required of \vhite citizens. 



General Sickles's first order, announcing the 

 system to be adopted in registering voters qual- 

 ified under the Reconstruction Act, was issued 



