The Hancock Jeffersonian. [volume] (Findlay, Ohio) 1857-1870, 1867-07-26


: vote of % States OF the SO composing
e the Union. When the requisite p
votes were given in favor of that
e amendment, seven votes of which
e were given by seven OF these States,
E it was proclaimed to be part of the
| Constitution of the United States, and
slavery was declared no longer to ex-
? ist within the United States, or any
: place subject TO their jurisdiction
If these seven States were not legal
States of the Union, it follows as an
inevitable consequence that in someof
the States slavery yet exists. Il
loes no exist in these seven States,
i. Tor they have abolished it also in their
lown State Constitutions, but Ken
lucky, not having done so, it could
still remain in that State. But in
truth, if this assumption that these
States have no legal State govern
ments be true, then the abolition of
slavery by these Illegal State govern
ments binds no one, for Congress now
denies TO these States the power to
abolish slavery by denying to them
the power to elect legal State Leg
lislature or frame constitution Tor
any purpose, even for such purpose
is the abolition of slavery.
AS to the other Con stitutional
amendment having reference to suf-
frage, it happens these States have
not accepted it. The consequence
is 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 its sanction to
appointments of Judges and District
Attorneys for every one OF these
states. Yet if they are not legal
States, not one of these Judges is
authorized to hold Court.
So, too, both Houses of Congress
have passed appropriation bills to pay
all these Judgas, Attorneys and OIL
GERS of the United States for exer
cising their functions in these States.
| Again IN the machinery of the in
ternaI revenue laws all these States
are described not as territories but
as States.
So much for continuous legislative
recognition. The instances 4cited,
however, fall far short OF all that might
be enumerated. Executive recogni-
ton, as is well known, has been fire.
quent and unwaverIng. The same
may be said as to judicial recogni-
tion, Throughout the Supreme
Court of the United States, that au
gust tribunal, from first to last, in
the administration of duties, in oanc
and upon the circuit, has never failed
to recognize these ten communities
rs legal States of the Union. The
cases is that Court upon appeal and
writ OF error from these States when
the rebellion began have not been
! dismissed, on any idea of cessation
of jurisdiction. They were carefully
continued from term to term until
the rebellion was entirely subdued
and peace established. They were
called for argument and considera-
tiOn as if no insurrectiOn had inter
vened. New cases, occurring since
/ the rebellion, have come from these
States before that Court by writ Of
error "nd appnnl and even by Or
Iiginal suit. These cases are enter
tained by that tribunal in the exer-
else of acknowledged jurisdiction
which could not attach TO them if they
had come from any political body,
other than 4 State of the Union
| Finally, in the allotment of their cir
cuits, made by the Judges at the
\ December term, 1865, every one of
4 these States is put on the same foot
ing of legality with all other Statse.
I Virginia and North Carolina being a
! paIt of the Fourth Circuit, are allot-
ted to the Chief Justice South Car
olina, Georgia, Florida, Alabama and
Mississippi constitute the Fifth Cir
cult. and are allotted to the late Mr..
Justice Wayne. Louisiana, Arkan-
sas and Texas are allotted to the 9th
|, Judicial Circuit, IN which there is a
vacancy on the bench. The Chief
Justice, in the exercise of his duty,
has recently held q circuit court in
North Carolina. Ii North Carolina
is not State of this Union the Chief
Justice had no authority to hold a
court there, and evry judgment and
decree delivered by him in that court
was coram non Judice and void
). Another ground on which these re-
construction acts are attempted to be
sustained is this, that these ten States
are conquered territory, that the con-
stitutional relation in which they
stood, as States, toward the National
: Government prior to the rebellion,
has given place to new relation:
that IS, the territory is conquered
territory, and their citizens are con-
quered people, and in this new rela
ton Congress can govern them by
will power. A title by Congress
stands on clear ground. 1t is a new
one, acquired by war. 1t applies only
to territory. AS for goods or move
able things regularly captured in
war, they are called booty, or if taken
by individual soldiers, plunder.
: There is not foot OF the land in
any one of these ten States which the
United States holds by conquest, and
only such land as did not belong to
either of these States or any individ
ual owner, l mean such lands as did
belong to the pretended Government,
called Confederate States; these lands
we may claim to hold by conquest
AS to all other lands or territory,
whether belonging to the States or
individuals, the Federal Government
has now no more title, or right to it,
than it had before the rebellion. Our
own forts, arsenals, navy yards, Gus
I tom houses, AMI other Federal prop
erty, situated in these States, we now
hold, not by the title of conquest,
but by an old title acquired by pur-
chase, or condemnation for public
use, with compensation to former
owners. We have not conquered
these places, but simply repossessed
them. If we require more sites for
forts, custom house, or other public
uses, we must acquire the title to
them by purchase, or appropriation
in regular mode. At this moment
the United States is engaged in the
/ acquisition of sites for national Gem
eteries in those States. 1t acquires