Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1866-12-15
PRACTICAL DIFFICULTIES ~ 'FTEE
TERRITORIAL SCaENE.

TERRITORIAL, SCHEME.
Tif New York Htoydshowsb bow COM
/ pletely the present topgress would have
I to stpltiy itself to carry out the scheme
/ of redrcing the tea 5snthern states not
represented IN Cor sress Is the condition
Of f5rribrries The difficulties which
stand ia the g.ly Of consumnating this
1 pet seheme 81. the gsslicals are such that
no ingenuity win be srgaeient to sur
mount them, Short sf tiIe most aagraut
usurpation Tie Bofd says
! One Of The first effeeisa Of ,leera.ling tbe
States into territories woad Be 10 slaiief
snd deinolish the Judicial system Of the
United Staies A. established therein We
hope to MAKE thisyery clear, bot the argtl-
ment will require the fixed attention. Of the
reader. Il Unnecessary TO premise that the
Judicial system Of the United STATES has no
| application 70 the territories Ciiier Jus
/ lice MARSHALL (American lfnranCe C0npa-
~ vs.. GAMER, ] Peters, 546 i speaking of teI-
riiorial courts thas eKpeun1ed their char
acter: These courts are not constitutional
coUns, in which che judicial power con-
ierred by ths CONSTITUTION on the general
! government can be deposited They are in
! capable ~ rroeiying t. They are legisla-
/ live oGnrts created in virtue OF the genera
right 60 overisnty whirh exists in the GOV
i ernmeui.
/ The jurisdiction with which ihey are in
sisted is not q part OF that Judicial power
which is conferred In the third article of
I the constitution, but Is conferred bv Con-
/ gress, in the execution OF those general
/ powers that body POSSESSES over the terri
tories ofthe United States" All the Judges
Of the regular Judiciary hold during good
/ behavior; bit the territorial Judges for
only four years. The United States Circuit
/ and District Courts can be held only in
States the two systems being entirely dis
/ tinct and inconsistent. The consequences.
/ then, Of reducing States to territorial
| condition, would be TO demolish all
the Judicial Courts within those States,
and introduce 4 judicial chaos. TIE
! effect would be a denial of Justice
/ 10 all Northern citizens, in the courts
/ ul the United Strtes, against debtors and
| other persons with whom they 4nay have
/ business relations IN the South. An inhabi-
/ tant Of territory has no standing in any
I n the United States Courts. The Supreme
/ Court has decided THE Corporation Of New
! Orleans a.. Winter et. al. l Wheaton, 81
4 the fact thai the plaintiff is a ei(i454r az 8
| ttfrirorg and the defendant Of STATE does
| not enable the courts Of the United States 10
take iGfisdjction.H The constitution con
| frr5 jurisdiction IN suits "betwean citizep4
Of different States" inhabitants of terri
| tories mol being included in this designa-
tion. Il therefore appears that not only
| would the courts Of the United States be
! abolislRd in the States degraded into ttt-
I ritories, bat fhey wonld Be without iuris
| diction over she inhahitanla even ii they
1ould continue to exist. :
| . 4 point Of the hr7t consequence in this
connection, is, that this very Congress, 20
| recently a. IT. last session, repeatedly re
! e1FniZpd the continued existence Of the
| saathcrn Staie-, az States, BY several laws
Il passed relating 10 the iudiciarv. Ii IS
| necessary % bear IN mind that the circuit
and district c5nrts af the United States can
nave 40 existence in Territories, bat only
IN States. la the light Of this -incontro-
yetjble truth, read the following act of the
lest session:
- ,r. cox An Act ~ ia The uamber Of Jldg.
sra ln the supreme GouIt Of the Uaited States
J
Bc II enacted by the Senate and House If Re
pTesentatb07 Of the United States 81 America
IA Congress assembled, That no vacancy in the
obicUoi associate justice Of the Supreme Court
1ail be iilel by appointment until the number
OF associate Justices shall lie reduced 10 siX: and
thereafter tue said Supreme Court shall con7ist
u lL'hief Justice Of be Emitted States and ak
assorialc lu11iceS any taHf ct whom shall be q
ga0rgH. and the 5att court shall hold one term
aiiHdailS pa he gelt Of government and such
adjourned or speciai tatlns ~ u may Gni ueoss ]
9arF-i9r the dlspgteh n bnsiRep
Sec. z. And te II tuFtheI enacted. Thar the
hrt and 7ecdhd fifGnus shall remain a. now
cnstttotei thgtths Districts OF PeRnsyly ania,
New JERSEY, shd Delaware hail constitute The
third circuit; that the districts Of Maryland,
West Virginia, Virginia, North Carolina and
SWih Car1lins shall constitute the fourth cir
.uit that the districts Of aeoTeia Florida Ala
'salnl. Mississippi, Louisiana, and Texas, shalt
Constitute the iiflh cireait that the districts Of
ono, Michigan, Kentucky. and Tennessee, shall
constitute the SiEih circuit; that the districts of
ludiaua, illinois. and Wisconsin shaiIconstiiute
the elenth cireult and the districts of Mime
aota, Iowa. Migouri, Kansas, and Afkansa7
ehall constitute the eighth eirruirS and the dis
ttieia OF california, Oregon, and Nevada shall
Constitute the ninth circuit
Approved, July q. 1850.
II viii be seen thai. every one of the ten
excluded States is here mentioned by name
and recognized as State in the Union.
since IL is only in States in the Union that
these courts can be held. Congress has
therefore estopped itself from denying their |
Statehood now II they have lost their
standing As States, il must have been either
hy their acts of secession, or by the COM
pleilon Of our conquest. IN the surrender of /
the Confederate armies; certainly hv |
nothing that has taken place since the pas /
-oge Of The above recite,l act Of Congress.
Tut By that act Congress virtually declared |
thU, m spite Of the acts OF secession. and in |
spite Of the surrender, they were, at this /
date, States in The Union. The act for pre-
scrihing the time Ct holding the Circuit
Courts in Virginia implies q similar adj
mission. The. famous civil sights bill Is
full Of such admissions, inasmuch As the
Circuit and District Courts OF the United |
States are the piyols ON which the whole
local machinery turns for It's execution.
Another confederation Of the first mag
nitude involved Ia this controversy. respecty
the corporate property and pecuniary obi
cations of the depo,ed States. The pnhlic
building, records, and other property win !
cease 70 belong 10 the States when they he
cdine extinct and will, Of necessity, accrue
"a the cOnJneror. In pursuance ofihe same
Priniple, the United States will assume all
the Southern State debts. Il is an estab.
lishtj principle Of public Law thai the con
queror becomes liable for all the iasl pecn-
mary obligations Of conquered State. This
flluvs from the laCI that the conquered
Stale, by losing it, sovereignty, loses lie
Control over the property Of the citizens, and
witltita ability tosahsfy the Just demands
5fPublic creditors. 1.-THE saidthat the mo-
peuy uf the territories may beheld for The
debts Of the defnuct States. he assertion
ais5redits de intelligence d. him who
makes H. For how will the taxes 10 pay
the State debts be- collected? II mast be |
.ilhet by DE aulh0Fity Of the territorial
OF By she authority Of Con. |
sfels. No other il possible, But territorial |
.eejslatstes ihFss &il be meme, for the
dmple TeasaR thal the people will refuse 10
'hoose snY legislatures nHdeT il And even |
{ they Nere 30 cheese lee islatures, the3
4 ou!d Iehi7e 10 tax their constituents 10 |
py debts which had legally davoIyed upon
De Federal government Bot what, It may
y . ked, shall prevent ConErea5 from i'm
loing taxes ON the property 10 paw the
iebt incurred when il was 3 State The
oi the United States prevents
IS -1Elplelcly iorhidding it, We copy It's
anguaEe
All dutie.. imPo-t~ s,l exci8ra ehau be uu-
otu throughout the United State,
No uPiiauon, OT other direct tax shall he iaii |
iule in proportion - the eensHs or enumsga
i1n herein hetore Directed e. be taken.
The bulk Of Southern property consist
nF "a land snd The lmproy emeBts upon a.
he pilbir debts of the States would neces-
aHl, he nei, Il paid bY themselves, chiefly I
~ faxes Ga real estate. But Congress ia
eFf.Al-fs q, Law any fay ON vaol --fafa go I 9