Evening star. [volume] (Washington, D.C.) 1854-1972, 1867-07-19

provide that none Of the officers or appolntses-
OF these military commanders shall be bound
T OF the United State8" and that all the pro.
VISIONS of the act ssshah be c1astrus tfiberaliy
to me END that all the iQlea. seeryo} me0 be
II seems Congress, suppo4ag kIthis bill
mi xnt req uire Construction, t4d they az. thsre-
fore the rule TO be applied. But where tdehe
moss n IL
der officer OF theN 1fmy dstals4 Or d
civil service, perhaps the most Important In
State, with the duties Of which he ,s alto
gether unfamiliar. This bill says he shall not
ks bound in his action By the opinion or any
civil ofKcer OF the United States The duties
OF the, Office are altogether civil, but when he
asks fer an opinion he can only ask the opin-
ion OF another military officer, who, perhaps,
understands as little of his duties as he does
himself; and as to his :. actor" he is answer
able to The military authority, aud, II the mill
tary alone. Strictly no opinion Of any civil
officer, other than Judge, has binding force.
But these military apo intees would not be
bound even by . judicial opinion, They
might very well say, even when their action
IS in conflict with the Supreme Court OF the
United States. eTnat court Is composed OF civil
officers of the United States and we are not
oo1na 70 conform orr acfioh 70 any opinion OF
This bill and the acts to which it is supple.
mentary are all founded upon the assumption
that the ten communities are not States. and
that their existing govern ments are not legal
Throughout the legislation upon this subject
they are called "rebel States." and Id this par
ticular bill they are denominated $50 called
States, !" and the vice of iilegality is declared
to pervade all of them, The obligations Of
consistency bind the legislative body as we'll
as the individuals who compose it. Il Is now
too late to say that these ten political cOmniu.
mites are not States Of this Union gDeclara-
tons to the contrary made in these three acts
are contradicted again and again BY the re-.
peated acts OF legislation eaacted By Congrass
from the year 1S6i the wear 1897.
During that period whilst these States were
in actual REBELLION, and after. tina. rebellion
and again recognized as States OF the Union.
Representation has been apportioned to them
az States. They have been divided into Judi.
Cal districts, for the holding OF district and
clrcnit courts Of the United States, as States
OF the Union only can be districted. The last
act on this subject Was passed July 23d, 1855,
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
two amendments to the Constitution Of the
one amendment which required the vote OF
twenty-seven States of the thirty.six then
composing the Union When the req uisite
twenty-seyen, woes were. gwen in favor OF
that amendment-seyeno OF which votes were
given by seven Of these tan States it was
proclaimed to be o part OF the Constitu-
ton OF the United States, and slavery was
declared NOT longer to exist in the United States
or any place subject to their jurisdiction II
these seven States were not Legal States Of the
Union II follows as the Inc it BILE CONSEQUENCE
that in some OF the States slavery vet exists.
It does not existin these seven States, for they
nave, abolished 1T also, in their own State
constitutions, but Kent neky not ma wing done
SO II would still remain in that State. But, in
truth, II this assumption that these States have
no legal State governments be true then the
abolition OF slavery by these illegal govern
lntnfs binds no one, for Congress now denies
TO these States t he power 10 abolish slavery hy
I'm al IaDo
Stare legislature, or to form a coustitu ton tor
any purpose, even for such pRrposs as the
abolition OF slavery.
As 70 he other constitutional Amendment
having reference to suffrage Il happens, thar
these States have not accepted il. The consA-
quenee is. that 1t has never been proclaimed
OF the Constitution OF the r nited States. The
Senate Of the United States has repeatedly
Rivehits sanction 10 the appointment Of judges,
district attorneys. and m arshais Tor every one
of these States; and, YET, If they are NOT legal
States, not one OF these Judges is ao 1horized to
hold court So, too, both Houses OF Congress
nave passed appropriation bills % pay all
these judges, attorneys, and officers OF the
uniteu STATES for exercising their functions in
these States. Again, IN the machinery of the
internal revenue la VS., all of these States are
distrIcted MOI as Territories" bur as"Sta:es.'
So much for continuous legislative recogni-
ton. The instances cited, however, fall far
short of all that mignt be enumerated. Execu-
1--WE e cogniton, as is we'll kno WI, has been fire.
quent aud unwavering The same may, be
said as 10 Judicial recognition, through the
Supreme Court OF the United States That
august tribunal, from first to last, IN the al.
mlnistrarion OF its duties in baac ana upon the
eircnlt, has never tailed 20 recognizs these fen
communities as legal States OF the Union
The cases depending in that; Court,
upon appeal and writ OF error from these
States when the rebellion began, have not
been dismissed upon any idea OF the cessation
OF jurisdiction. They were carefully con-
tiuusd from term 10 term until the rebelIion
was entirely subdu ed and peace re-esta plished
and hey were called Tor arg um snt aand con-
sideraiion as il 60 instruction had terven-
ed. New cases occurring SINCE the rebellion
have come from these States before hat courf
by writ Of error and appeal, and even by
original suit, where only "a State can bring
sach SUIT These cases are entertained by
that tribunal IN the exercise of its acknowi.
edged jurisdiction, which could not attach to
them IL they had come from any political BODY
o,her than State of the Unions Finally, In
the allotment OF their circuits, made by the
Judges at the December term, 1855. every
one of these States is PVT on the. same
footing 81 OF e ssa with al the other
North Carolina being a part of the fourth
Circuit. are allotted to the Chief Justice South
Carolina, Georgia, Alabama. Mississippi, and
Florida constituted, the fifth circnit, and were
alo ted % Inc late Cher Justice WAYNE
Louisiana. Arkansas, aud Texas are allotted
to he SIX Judicial circuit, as 10 which there
is 3 vacancy or ths bench.
The Chlef ustlce in the exercise OF his cir.
cut duties, has recently held a Cirenit Court
In the STATE OF North Carolina. Ii North Caro-.
Inns Is not a State OF his Union the Chief Jus-
iIca la d no aushCri ~ to hold court there, md
every order, Judgment, and decree, rendered
oy hlm In that court, were Gofaa4 non 5udsci
ana So.a.. AIothsr ground on which those
recon tructloH acts are attempted to be sus-
IL Iled is this, That these ten States are con.
GueEed territory; that the constitutional rela.
tion II which hey stood as States to ward the
Federa! Government. prior to the rebellion,
mas given place 10 q new Tslatlo sl laat this
1eTIitor' Is CONG uered conntry:q ard their
cltiz' ms con,anered people, aud that In there
NV relation Congress can govern them by
military power. -. -
Ante by conquest stands on clear ground
II is new TILE acquired by war 1t applies
onlv 70 territory. for goods or rnoreaSie things
regularly captured in war are called booty.'.
or II taken by individ cal soldiers. plun6er-
There Is not foot OF the land in any one Of
these ten STATES which the UnIred States holds
by conc uest. save onlys n IN land as aid moi
dividuaI owner. = =. = Eatf3 " F-N'@
mean such lands as did bsiong 10 the prs.
tended Government, called the .Coufs darata
5 ases These lands we may claim 10 hold Inv
conquest. As to all other land or itsrritory
whether belonging 10 he Statas' or 20 IN ri yjds
uals, The Federal Goye.nmeat has now ne
more title or right to IL tha N Ii kad before tne
rebellion. Our own forts, ar senals ,ayv
yaIdk,S cns1m-houses, and other, Fedarsi
property. situate in those States vsea ~ Nod
NOS BY the title Of coz uest but by chr old tile
eLulreC byEpufchAse. cot.dnt 80