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


ma Is not a State Of this Union, the Cniei JUS,
t;co has No authority TO hold COURT there ana
80 o,ler Indictment. and decree rendered oy
~, 4, tbot court were corau' non JUDGE and
void. La .hoso roo0,s,rrc-
80 arc attempted to be sustained IS this
11I .bese ten States are conquered territory
- Ne constitutional relation in which they
- ~ states toward the Federal Government,
,'-ior 10 the rebellion has given place to new
s.I,tiop: that their territory is = conquered
country aud their citizens a conquered people,
ana that in this new relation Congress can go
vern them by military power.
A title by conquest stands on clear ground
Il is a new title acquired by war IL apphes
only to territory; for goods or movable things
regularly captured in war are called ,'oooty'
or If taken by individual soldiers, 'plunder.
Tbore is NOT foot Of the land IN any one OF
,boss ION States which the United States holds
I,,. -,oouest save only such land as did not be-
Ic,g ~ either Of these States, OF to any lndl-
yi17al owner. l mean such lands as did be-
lo,., =, the pretended Government, called the
Confederate States. These lands we may clam
~ bo'I low conquest. As to all other land or
tarriforv. whether belonging to the States or to
individuals. the Federal Government has now
M moro right OF title to il than it had before
the rebellion. Our own forts, arsenals, navy
/ Yards. custom-houses and other Federal pro-
Dertv situate in those States we now hold not
bvc5nouest, but by our old tide, acquired by
purchasc. or condemnation for public use, with
conversation to former owners. We have not
conquered these places, but have simply re
possessed them.
/ If we require more sites for forts, custom
bouses. OF other public use, we must acquire
the title to them by purchase or appropriation
in the regular mode. At this moment the l.
ritcl States. in the acquisition Of sites for ma
tional cemeteries in those States, acquires title
in the same way. The Federal courts sit in
caurt-houscs owned or leased by the United
States not in the court-houscs Of the States
The United States pays eachof these States for
the rso of its jais. Finally, the United States
levies It's direct taxes and It's internal revenue
upon the property in these States, including
the productions of the lands within their terri
torial limits: not by way Of levy and contribu-
ton in the character Of a conqucror, but IN the
regular way Of taxation under the same laws
which amply TO all thcother States Of the Union.
From first to last, during the rebellion, and
since the title of each of these States 10 the
never been disturbed, and not a foot Of it has
ever been acquired by the United States, even
under title by coufscation, and not foot Of
it has ever been taxed under Federal law.
I'm conclusion, ! most respectfully ask the at
teuti0n Of Congress to the consideration OF one
more question arising under this bill. tvests
in the military commander, subject only TO the
approval Of the General of the army of the
b 2 q ! q,
from Office any civil or military officer in each
Of these ten States. and the further power, sub
itct % the same approval, 70 detail! or appoint
any military officer or soldier Of the United
States 10 perform the duties Of the officer so re-
moved. and tofll a!lyacancies occurriuginthose
States, by death. resignation or otherwise.
The military appointee thus required to per-
form the duties Of a civil Office, according tothe
laws of the State, and as such required to take
an oath. is for the time being, civil officer
What Is his character? Is he a civil officer Of
The State. or civil officer Of the United States
It Lc is civil officer of the State, where is the
Federal power. under our Constitution, which
authorizes his appointment by any Federal off
GER? IT, however, he is to be considered civil
Officer % the Uuited States, as his appointment
aud cath would seem 70 indicate, where is the
authority for his appointment vested by tie
Constitution
Tho power Of appointment Of all officers Of
.hc United States. civil or military, where not
provided for in the Constitution, Is vested in
the President, by and with the advice and con-
sent Of the Senate, with this exception-that
Congress may by law vest the appointment
of such inferior officers as they think proper in
I the President alone. in the courts of law, or in
the heads Of departments But this bill, II
these are to be considered inferior officers with
in the meaning Of the Constitution, does not
provide for their appointment by the President
. alone or 10y the courts Of law, or by the heads
Z Of departments, but vests the appointment in
ono subordinate executive officer, subject TO the
approval of another subordinate executive Of
icer. So that, if we put this question and fix
the character of this military appontee either
way, this provision of the bill is equally OPP
posed 70 the Constitution.
Take the case Of a soldier or officer appointed
d to perform the Office Of Judge in one Of these
States, and as such to administer the proper
q laws Of the State. Where is the authority to
81 be found in the Constitution for vesting in o
military or an executive officer such judicial
functions, to be exercised under State law p
ItLas been again and again decided by the SUI
P preno Court Of the United States that acts Of
Congress which have attempted 10 vest eXecu-
tive powers In tie judicial courts, or Judges Of
the United States, are not warranted by the
Constitution. If Congress cannot clothe an Of
2 Gccr OF soldier of the army with judicial duties
o. oycr citizens of the United States, who are not
2 in the military or naval service, so, too it has
( been repeatedly decided that Congress cannot
, require q State officer. executive or judicial, to
. perform any duty cnjoined upon him by a law
, Of the juitel States. How, then, can Congress
p confer power upon an executive officer Of the
luitgI States topcrfoTm such duties in State
b If Congress could not vest in Judge Of one Of
5 these States any judicial authority under the
p United States by direct enactment how can it
] accomplish the same thing indirectly byremov-
b ing tie State Judge and putting an officer Of
B. the United States in his place?
O. To me these considerations arc conclusive Of
the Uucoustj;Ctjunality Of this part Of the bill
g. now before wc, and | earnestly commend their
+ consideration TO the deliberate Judgment Of
g. Congress.
Within a period less than year the legsla-
ton Of Congress has attempted to strip the
b Executive Department Of the Government of
some Of its essential powers. The Constitu-
ton aud the oath provided in it devolve upon
p the President the power and the duty to see
that the laws are faithfully executed. The