The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1867-08-06
WooDsFIELD. MONROE COUNTY, OHIO. AUGUST 6, 1867


divided inte Judicial Districts for the
holding of District and Circuit Courts oi
the United States, as Statessof the Union
only can be districted. The last act on
this subject was passed on July %, 1866
by which every one of the ten States was
arranged into districts and circuits.
] They have been called on by Congress
to act, through their Legislatures, upon
at least two amendments to the Constitu-
ltion of the United States as States. They
have ratified one amendment, which re.
lquired the vote of twenty seven States Of
the thirty.six composing the Union, ,wher
the requisite twenty-seven votes were
i given in favor of that amendment, sever
of which were given of these States, and
it was proclaimed to be part of the Con.
Istitution of the United States, and slave
lry was declared no longer TO exist within
the United States, OF in any place subject
to their jurisdiction. If these sever
States were not legal States to the Union
lit follows, as an inevitable consequence
that in some of the States slavery yet
exists. 1t does not exist in these sever
States, for they have abolished it also in.
their State Constitutions; but Kentucky
not having done.so, it could still remain
in that State.
| But, in truth, if this assumption thai
these States have no legal State govern.
ments be true. then the abolition of sla-
very by these illegal governments bind nc
one, for Congress now denies these States
1.-THE power to elect legal State Legisla-
ture, or to frame State Constitution for
|any purpose, even for such purpose as
the abolition of slavery.
As to the other constitutional amend
ment, having reference to suffrage, it
Happens that these States hove not ao.
|cepted it. The consequence isit has new
er been proclaimed or understood even
by Congress to be part of the Consti-
tuition of the United States.
| The Senate of the United States has
repeatedly given its sanction to the ap.
lpointment Of judges and district attor-
Ineys for every one of the States; yet, il
they are not legal States, not one Of these
Judges is authorized to hold court.
i So, too. both Houses Of Congress have
passed appropriation bills to pay all these
Judges, attorneys and officers of the
j United States for exercising their func
Il tions in these States.
Il Again, in the machinery of the Inter.
nal Revenue laws all these States are de-
scribed, not as Territories, but as States
j So much for the continuous legislatiy,
recognition. The instances cited, ho#
ever, fall far short of all that might b,
j enumerated. Executive recognition, a
; lis we'll known. has been frequent and un
I waveriDg. The same may be said as t
i judicial recognition through the Suprem
j Court of the United States. That au
gust tribunal from first to last, in tn
administration Of its dutiessin bank an,
f upon the circuit. has never failed to rec
lognize these ten communities as lega
Il States Of the Union. The cases in tha
3 court upon appeal and writ of error, frol
, these States where the rebellion began
have not been dismissed on any idea Q
/ cessation Of jurisdiction. They wer
: carefully continued from term to teri
: until the rebellion was entirely subdue
and peace establish he'd, when they wer
! called for argument and consideration, q
: if no insurrection had intervened. Ne
t cases, occurring since the rebellion, b
: writ Of error and appeal, and even b
/ original suit. These cases are entertain
/ ed by thai tribunal in the exercise Z
acknowledged jurisdiction, which coul
: not attach to them if they had come frol
f any political body other than a state Q
9 the Union.
VI Finally, In the allotment of their Gil
D cults, made by the Judges at the Decen
e Der term, 1865, every one of the State
s lis put on the same footing of legalit
0 with all other States. Virginia an
9 North Carolina being a part ofthe Fourt
s Circuit, are allotted to the Chief justice
It South Carolina, Georgia, Florida, Al,
e bama and Mississippi constitute th
Fifth Judicial Circuit, and are allotte
e Ito the late Mr.. Justice Wayne. Louis
n ana, Arkansas and Texas are allotted
Il 1.-THE Sixth judicial Circuit, in which is
a vacancy on the bench. The Chief Ju
! tice, in the exercises of his duty, has r.
9 GENTLY held Circuit Court in North Ca
a olina. If North Carolina is not Sta
d Of this Union the Chief Justice had +
J. authority to hold court there, and evel
,e Judgment and decree delivered by him
,rfthat court was eoram non judice and vol
Is Another ground on which these recoi
f, struetion acts are attempted to be sustain
"a led is this: That these ten States are CO.
% quered territory that the constitution
a relation in which they stood as Stat
l. toward the National Government pri
a to the rebellion, has given place to ne
II relation, that there territory is conquer'
ct territory and their citizens conquer'
d people; in this relation Congress can go
il ern them by military power.
re- A title conquest stands on Gle
lylgrounds. It applies only to territory,
goods or movable things regularly ca
is tured in war, called booty, or, if taxi
elby individual soldiers, plundcr. The
re is not foot Of the land in any one
re these ten States which the Utited Stat
ce holds by conquest, and only such land
of did not belong to either Of these State
cy or any individual owner, I mean su
n LANDS as did belong to the pretend
"A Government called the Confederate Stat
en- these lands we may claim to bold by co
MS quest As to all other lands or terrific
It's whether belonging to the States or Z
e. dividuals, the Federal Government f