Holmes County farmer. [volume] (Millersburg, Ohio) 1857-1926, 1865-12-14
From the Chillicothe Advertiser
The Legal status OF the Rebel
state Authorities During the
Rebellion.


state Authorities During the
Rebellion.
a gentlemen Of this city has been fur.
nshed by X W. Taylor, Comptroller Of tho
Treasury, with a copy Of his report. made
Aug. 10. 1868, to the Secretary ofthe Treas
ury, upon the Texan Indemnity Bonds. "
X. w. Taylor was Republican Senator
from Mahoning county, from 1856 TO 1860:
then Auditor Of State, which position he
resigned for his present one on the death Of
Elisha Whitley. During the last two
years Of his Senatorial career, Mr. Taylor
was the acknowledged leader Of his party in
the Legislature; and while known TO be. in
politics man Of the Chase school was re-
c0gnized by all who knew him as one Of the
ablest men in Ohio. These Texan Bonds
bad been issued by the L. :. to that State
prior to the Rebellion. The State had
agreed to negotiate part Of them for rail
road purposes, and 1Jier the Rebellion and
attempted secession Of Texas. this agree.
ment was completed by the rebel State off.
cials, who indorsed the bonds to the pres
cnt holders. Among others the question
then arose, whether these holders had such
title as rendered the U. s. liable to pay the
bonds and interest to them. We are per.
mitted to copy the following from Mr. lay
ler's report. The italics are ours. From
page IL to 10 Mr.. Tayler says:
besides, it seems TO Inc the disloyalty Of
the State officers did not deprive them Of
their local powers--of their power to dis
charge their duties as officers Of the State
affairs 1t will not do to hold that the act, Of
these officers in conformity to law, up to
the date Of the ordinance Of secession, are
legal and binding, and that all such acts
done after that date arc null and void; that
by such act Of rebellion the State officers
abdicated the Government If this was to
prevail as law, and the official acts of Off
GERS Of the States are to be held a. illegal
and void, it is equivalent to holding that
Texas was in a state Of anarchy, and the
official acts Of every officer deriving his
power from the state also illegal and void
\ moments 5 consideration will show how
untenable and inadmissible such views
must be. II the fact that the Governor
and legislature, in whom were vested the
highest powers Of the State, and through
tchODi all local and inferior powers were de-
rived, were in Rebellion, made null and
void the acts Of such Governor and Legis-
ture, then must the acts Of all other Off
GERS deriving their powers through such
disloyal Governor and Legislature be null
and void also, whether such other officers
were or were not themselves disloyal. So
that the laws Of the State by which her
people were governed; the acts of the Ex-
ecutiye in preserving and promoting order
and happiness, the judgement ofthe Courts
in administering law, and the execution of
those judgments by the recognized officers:
all conveyances of real estate, rtea the
decd icaS acknowledged by Stats oticer,
and all marriages solemnized under the
laws of the State by disloyal or even a
loyal justice or minister, would be null and
void. Children born in what was deemed
lawful wedock would be illegitimatc, and
illegality would prevail over everything and
! over every interest, social aud material,
| throughout the whole State. But such i,
not the law. The regular discharge of 10.
cal powers, not directly connected with the
Rebellion, must III aRy cceAf, be recognized
as legal and proper. Itwould be 50 through
the local Government were an usurpcd one,
and the officers pers-rhtch McY 'reTc
not; the Government and the officers lcere
such as the people IF Teas chose for theme
SclreS; to whom they gave power over their
common property, and in whom they vested
the conduct and management of their State
affairs. Neither the State, no the people
Of the State, can now object that the acts
purposes, it would be the same had the
Government been an usurped one that was
finally overcome and expelled by the right
ful one. Tile latter could not tredt the far
mer as roid The history of the civilized
world is full of instances where Govern
ments held to have been usurped were yet,
when put down, held to have been Govern
ments, in fact, and their acts, except when
they troubled the prerogativcs Of the crown
or the form of Government, raid and bind
iRq on the Government When the Govern
ment Of one nation seizes upon that Of an
other, it, for the time being. becomes pos
sessed of all the porer and rights of the ex-
ncled Government, lawfully takes its rev.
enues aud property, and dsposes Of them,
and executes the laws; and its acts, when
it has again surrendered its possession to
the righttul Government are binding upon
/ the latter. This is part of the law of ma
| tions, and applicable not merely to the case
Of invasion and expulsion, but to usurpa-
tion and restoration also. Governments
must exist and be recognizcd-laws must
I be executed; and this can be done by those
only who have possession of the powers OF
/ Government, for the time being Lord Reed
er Whitelock, though friendly to Charles
accepted his position from Cromwell attel
much hesitation, because, the business to bt
undertaken by him was the execution o
law and justice, without which men couls
not live one by another; a thing of abso
lutte necessity to be done. So with Sir Mat
=, thew Hale, who was a royalist, upon hi
appointment to the Bench by Cromwell, h,
at first refused, because, he was not salts
fed with the lawiulness of the Protector
authority. Cromwell answered that he
had possession Of the Government, anC
would keep it, but still that it was his de-
size to rule according to the laws of the