The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-07-22

Ii
State, is altogether unfamiliar.
This bill says he shall not be boundin his actor
by the opinion Of any civil officer of the United
States. The duties Of the Office arc altogether
civil but when he asks for an opinion he can only
ask the opinion of another military officer, who
perhaps, understands as little OF his duties as ht
does himself; and as to his saction," he is answer
able to the military authority, and to the military
authority alone. Strictly no opinion Of any civi
officer, other than a Judge, has binding force
even by judicial opinion. They mieht very vel
say, even wAen their action is in conflict with the
Supreme Court Of the United States, "that Court
is composed Of civil officers Of the United States
and we arc not bound to conform our action to any
opinion Of any such authority"
The bill and the acts to which it is supplement
tary are all founded upon the assumption that the
ten communities are not States, and that their ex.
listing governments are not legal. Throughout
the legislation upon this subject they are called
denominated ''so-called States" and the voice oi
llegalit is declared to pervade all of them. The
oblga ions of consistency bind the Legislative body
as well q, the individuals who compose it. 1t is
munities ore not States of this Union.
Declarations TO the contrary made in these their
acts, are contradicted again and again by the re-
peated acts of legislation enacted by Congress
from the year 1861 to the year 1867. During that
PERIOD while those States were in active rebel
close, they have been again and again recognized
as States Of the Union. Representation has been
apportioned to them as States. They have been
divided into judicial districts for the holding of
district and circuit courts Of the United States, as
Stats of the Union can only be distributed.
The last act on this subject was passed July 23,
1866, by which every one of these ten States was
arranged into districts and circuits. They have
been called upon by Congress to act through their
Legislatures upon at least .wo amendments to the
Constitution Of the United States. As States
they have ratified one amendment which required
the vote of twenty-seven States Of the thirty-six
then composing the Union. When the requisite
twenty seven votes wore given in favor OF that
seven Of these States-it was proclaimed to be o
part OF the Constitution Of the United States, and
slavery was declared not longer to exist in the
United States or any place subject to their juris.
diction. If these seven States were not legal
States Of the Union, it follows as the inevitable
consequence that in some Of the States slavery
vet exists It does not exist in these seven States
for they have abolished it also in their own State
Constitutions hut Kentucky not having done 80,
it would still remain in that State. But, in truth,
if this assumption that these States have no legal
State Governments be true then the abolition of
slavery by these illegal governments binds no
one, for Congress now denies to these States the
power to abolish slavery by denying to them the
power to elect legal Slate Legislature, or to
frame constitution for any purpose, even for
such purpose as the abolition OF slavery.
AS to the other constitutional amendment having
reference to suffrage it happens that these States
have not accepted it. The consequence is thnt it
has never been proclaimed or understood, even by
Congress, to be part Of the Constitution Of the
United States. The Senate Of the United States
has repeatedly given it's sanction to the appoint
ment OF judges, district attorneys and marshals
for every one OF these States and yet il they are
not legal States not Of these Judges is author
lied to hold court. So, too, both Houses Of Con-
cross have passed appropriation bills to pay ali
these judges, attorneys and officers OF the United
States for exercising their functions in these
States. Again, in the machinery Of the internal
revenue laws all Of these States are dstrioted not
as Territories but as States"
So much for continuous legislative recognition.
Tho instances oted, however, fall snort Of oil that
might be enumerated.
Executive recognition, as is well known, has
been frequent and unwaverng. The same may
be said as to the Judicial recognition, through the
Supreme Court Of the United States That august
tribunal, from first to last in the administration
Of it's duties IN banc and upon the circuit, has
mover failed to recognize these ten communities as
legal States of ths Union. The cases depending
in that court upon appeal and writ of error from
these States, waep tho rebellion began, have not
been dismissed upon any idea Of the cessation Of
jurisdiction, They were carefully continued from
term to term until the rebellion was entirely SUBJ
dued and peace re-established, and they were call
ed for argument and consideration as if no insur-
r9CGlOQ uau luterSeueQ. NeW CdSeS,
since the rebellion, have como from these States
be!ora that court by writ of error and appeal, and
even by original suit, where only State can bring
such SUIT. These cases are entertained by that
tribunal in the exercise OF its acl owledged juris-
diotion, which could not attach to them il they
had come from any political body other than q
Slate Of the Union. Finally, in the allotment of
their circuits, made by the Judges at the Decem-
ber term 1866, every one Of these States is put on
the same footing OF legality with oil the other
States of the Union, Virginia and North Caro-
lina being part Of the Fourth Circuitsare allot-
ted to the Chief Justice South Carolina, Georgia,
Alabama, Mississippi and Florida, constituted tho
Fifth Circuit and was allotted to the lato Mr..
Justice Wayne. Louisiana, Arkansas and Texas,
are allotted to the Sixth judicial Circuit as to
winch there is vacancy on the bench.
The Chief Justice, in the exercise OF his circuit
duties, has recently held O circuit Court in the
State of North Carolina. IL Moth Carolina is not
q State Of this Union, the Chief Justice had no
authority to hold court there, and every order,
Judgment and decree rendered by him in that court
were coram non JUDGE and void.
Another ground on which these reconstruction
acts arc attempted to be sustained is thlsl That
these ten States are conquered territory; that the
constitutional relation in which they stood as
States towards the Federal Government prior to
the rebellion has given place to new relation;
that this territory is conquered country, and
their citizens conquered people; and that n this
new relation Congress can govern them by military
power.
A title by conquest stands on clear ground 1t
is new title acquired by war. 1t applies only to
territory, for goods or movable things regularly
captured in war arc called "bOoty, or II taken by
individual soldiers 'plunder.'
There is not fo5t OF land in anv one OF these
ten States which tho United States holds by con-
quest, save only such land as did not belong to
either OF these States or to any individual owner,
I mean such lands as did belong to tho pre-
tondod (,ovarnn,onf llad tho Ean9s1arafp Siafag
These lands We mny claim to hold by conquest. AS
to all other land or territory, whether belonging
to 70 State or to individuals, the Federal Govern
ment has now no moro title or right to 1t than 1T
navy yards custom houses and other Federal prop
erto situate in these States VIC now hold not by
tbe tit of conquest but by our old title, acquired
by purchase or condemnation for public use with
compensation to former owners. We have not
conquered these places, but have simply "roDos-
scssed" them. II we require more sites for forts,
custom houses or other public use, we must ac-
guir6 the title to them by purchase or appropria-
ton in the regular mode. At this moment the
United States in the acquisition OF sites for ma
tonal cemeteries in those States, acquires title IN
the same way. The Federal courts ait in court
houses owned or lpasqd by the United States, not
in tho court houses OF tho States. The United
States pays each Of these States for the Of its
jalls Finally, the United States leves its direct
taxes and its internal revenue upon the property
Ill tNOsc Dtutcs, P1V0uCt@luip vi
lands within their territorial linits-not by way Of
levy and contribution in the character Of o con-
qusrer, but in the regular way of taxation, under
the same laws which apply to all the other States
Of the Union.
From first to last, during the rebellion and
since the title OF each OF these States to the lands
and public buildings owned by them has never
beeu diatu bed and not q foot Jf it has ever been
acquired by the United States evon under title
by confscation, and not foot of it has ever been
taxed under Federal law.
In conclusion must respectfully ask tho atten-
ton of Congress to the consideration OF one more
question arising under this bill. 1t vests in the
military commander, subject only to the approval
Of the General Of the army of the United States,
an unlimited power to remove from office any civil
or military officer in each of these ten States, and
the further power, subject to the same approval,
to detil or appoint any military officer or soldier
Of the United States to perform duties OF the
officer so removed and to fill all the vacancies oc-
casioned in those States by death, resignation or
otherwise.