Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1867-07-25

I'm ono al these States gives no official bond and
takes mo- official oath for the performance Of
his new duties rs q civil officer Of the State;
le only takes the same oath which he had al
ready taken as q military officer OF the United
STAT lie js a, least, military officer per
forming civil duties, anG the suthoyity under
which he acts Is Federal authority only; and
the inevitable result is, that the Federal Gov
cruwcnt by the agency Of its own sworn ON
GERS, In effect, ASSUMES the clvi, government u
ttl State.
A singular contradiction is apparent hc'e'-
Congress declares these local State go'e4'''i
20 be illegal governments and then PEo'" '.5
that .acse Illegal governments sAal Uc V"l'',1
,,, r- Federal officers. who are % perform the
rs-v Irti.s imposed on los own officers by tins
.rr.-.l State authority. 10 certainly would be
...,..1 s7s,tscle II Congress should attempt
.,--r IN a IsyIl state Government 10y the
.-.--,' oE It's own officers. IL is yet more
..r,rr, Tint Congress attempts % sustain and
..5rv ou au Wsgll State government by the
same Federal agency.
Iu this connection, I must cal, attention %
che 10th ana 18th sections of the bill, when
provide that none of the officers or apI1inteeSs
Of these military commanders shall bc bound
I'm his action by any opinion Of any cis-. OH
Ger of the United States. and that all the pro
visions Of the act shal, be construed hoeTa.t
G, the end that all the intents thereof may De
fully and perfectly carried cut. SEQ,
II seems Congress, supposed that TINS OH
ht-reluire construction, and they FIX, there
fore the rule o. be applied. Bu. where Is the
construction O. come trom2 Certainly no one
GA. be more I'm want Of instruction than SOL
bier OF an officer Of tie army detailed for a
civil service. perhaps the most Important IN
Sate With tie duties OF which Le Is altogether
unfamiliar. This bin says he shall not be
bound in his action by the opinion of any civil
..r-er Of the United States. The duties Of the
Office are altogether civil, but when he asks
f,r an opinion hc can only ask the opinion Of
another military officer, who, perhaps under
stands as little of his duties as he does himself;
ana. as Co bis faction, hc is anSwcrable 90 the
military authority, and 20 the military author
i,y alone Strictly, no opinion Of any civil
officer, other than Judge, has o binding force
But these military aPpoiutccs would not be
bound even by q judicial opinion. They might
very wen say, even when their action isin con-
1ict with the Supreme Court Of The United
States. THAT cour, is composed Of civil OH
ce-s of the United States, and we are not
bound o. conform our action to any opinion OF
any such authority
This BIZ and the acts 20 which it is supple
ucuary are al founded upon the assumption
that these ten communities are not States, and
chat their existing governments are not legal
Throughout the legislation upon this subject
they are called "rctc States, and il this par
scuar i.,l they are dcuom.aatei s5-ca..ed
States. and the wee 0f i,.eEl,ity is declared 20
rervale al. 0f them The obligations Of con-
s.s-aucy bind the legislative body as well as
the individuals who compose 1t. lt Is now too
late % say that these ten political communities
are not States gf this Union. Declarations 70
the contrary made in these three acts are con-
tai.c,cj again and again by the repeated acts
Of legislation enacted by Congress from the
ylar 1861 70 tie year 1867
During that period whilst these States We're
I'm actual rebellion and after that rebellion was
br-ugd; % q close, they have been again and
l-a.. recognized us States gt Tie lui1u. Rep
-escU,at.1H has been appa-Uoned O. them as
States. They have tc-. divided into Judicial
districts ~ tie holding Of district and ci-cut
courts 90 che n.-ci states as states ot The
Union only can De Distracted. The last act on
Chs subject was passed July 2al. 1866, by
which every one oi these ten States was ranged
.u.. districts and circuits.
They have been called upon by Congress to
l.. through their Legislatures. upon 90 least
tul amendments O. the Constitution Of the
CatcI States. As States, they have ratified
ono amendment, which required the vote Of
tvely--cveu States " the tliTty-sjT then
composing the Union. When the requisite
twenty votes were given IN favor Of that
au1ldmut-scy Of which votes We're given
lv seven Of these ten StStCs-itwas proclaimed
OBJ De q part Of the Constitution Of the United
States, and slavery was declared no longer %
exist In the United States or any place subject
Co their jurisdiction. IftheSe seven States were
not legal States Of the Union, it follows, rs the
inevitable consequence, that in some Of the
States slavery yet exists. Il does not exist in
these seven States. for they have abolished IT,
also, in their own State constitutions, but Ken
ucLy not having done 50, it would still remain
iu that State. But, in truth, If this assump-
ton that these States have no legal State gov
crame1t5 De true, then the abolition of slavery
by these Illegal governments binds no one, Cor
Congress now denies Co these States the power
90 abolish slavery, by DENYING 70 them the
power o. elect legal State Legislature, 90 to
frame o constitution FOR any purpose, even fox
such o. purpose as the abolition Of slavery.
Asto the other constitutional amendment
having reference o. suffrage, it happens that
these States have not accepted it. The c5asc-
n-egCo is. chat DC hssUevcr been proclaimed o.,
understood, even hy Congress, 10 he a part Of
Che Constitution of the United States. The
Senate II the United States has repeatedly
given its sanction t7tae appointment Of Judges
district attorneys, and marshal, fox every one
% these States; and set. if they aye not legal
States. NOT one of these Judges Is authorized %
l-.I court So. too. both Houses OF Congress
0-.o passed. appropriation ba,st pay MI these
u'-.s attorneys. and officers Of the United
STATES .r exercising tn.ir functions IN thgs.
states. Again. a Tire machinery 90; t'c inter-
u. r-vraue laws, a'l 0' the, States are dis
Or ..' u- as " Territories. mt as States.
y" much .H- continuous Legislative. rgr.Eui-
t01. T.r Instances otaf. however. fan far
short o., All tlatuI-it De- enumerated. Ike
ru-Ee PRO-. -ri..1n, as is well known. has Iecn
frequent anl uuU.raring The Same may Doe
' a- 'H judicial r.e. -a.,i.u. lraugl the Sill
prone C.r-t .' tha United States. That qu-
gust tribunal from first t1 last. .u che admin
..lH.nH. It's .r..s. j bare anal urlv Che
..r-.t. '1s never failed trr. sr.Ta these ten
communities ass legal States ut Tho Dutn.-
IHe cases depending u that court upon app
r.r. audi WRIT nc error from these States when
rebellion began. have NOS been dismissed
..r.r ANS. ri.1 .f Gle CESSATION nf r.~t lt.-f.r