The New York herald., 1867-07-20

staee and the a disgaU,y s declared 10 peryade
legislative BODY a. wei, as the individuals who compose
Is TOO late 10 say that these ten communities
are States OF this Union Declarations 70 the con-
rary made IN these three conadced again and
again by repeated acts OF legislation enacted by Con-
gress from the year 1851 to The year isc' pofns I'd
afler THAI rebellion was brought 10 close. ,s ~
have been agaiu and again recognilea ss ,sases of
the Union. Representatives have been app rtIcnad ~
.reis for Tie holding Of Dse. aud O ,'i ta r,a as :,
The United ssss fss Tis'' s. as Union only
subjoc. was passed July %. lssS by w ubrs ,ns
every ne Of the States was arranged into districts
and crcsa They have De- called on by conaress 70
ACT Through Their Legssur upon st least two amend
the constitution Of the United States Az states
IN ~ have ratified oHe amendment which required the
Vote oil twenty-sevon States OF the thirty SIX then CON-
'Josng the unton. When The requisite twenty seven
votes were given In favor Of thai amendment seven Of
which voses were gwen BY sev o. .hsss zen states :
United States. and slavery was declared no
longer to exIsi within the United States or any
place subject 10 Jurisdiction. II these seven
States were not legal states OF the Union
il follows inevitable consequence thai ~ some OF
States tney have abolished also their
State ccBetltons but Kentucky not, having dono So
would sii!i remain in thai slate bas N y an, .ns
mens be true then The abolition OF slavery BY hess
Illegal governments binds no one for Congress now de-
MES to these states the power TO abolish slavery oy
denying to them the power 10 elect leGal state Legisla
ture or TO frame constitution for any purpose even TOR
As 10 the other constitutional amendment, having
reference 10 suffrage 1t happens that these States have
not accepted i. The consequence - ihsi y has never
part OF the constitution OF the United States The
Senate Of the United States has repeatedly given ITS
sanction TO tho appointment OF judges cistrct attorneys
and marshas Tor every OF these States; and ye II
they not legal States OF The Judges is
thorzed 10 hold court So too both houses OF Con-
gress have passed appropriation bills 20 pay all these
judges attorneys and officers of the United States for
exercising their functions IN these states Again, In
oapinu Of MT Ro Law n
States described not ~ Territories, but as States
SO much for continuous legislative recognition.
might be enumerated Executive recognition, as 10
wei! known, has been frequent and unwavering The
the supreme cour, q The United sate- Ths. aSsast
tribunal from 1rs ts ast in the administration Of It's
duties in bsnco and upon sle circuit, has never
failed 10 recognf,e these ten communities a.
legal States OF Tho Onion. rhe cases dependi ns
IN that court upon appeal and writ Of error from hess
States when the rebellion began have not been dismissed
any idea OF cessation OF jurisdiction. They
carefully continued from term 10 term until the rebel
lion was entirely fubiued and peace established and
then they called for argument and consideration
u no insurrec.on had n,eryened New cases occurring
The rebellion have come from these States before
that court by writ OF aud appeal aud by ora
nal suit These Eases are entertained by that tribunal
in tho exercise Of acknowledged jurisdiction, which
CO ud not attach 10 them n they mad como from any
political body other than State OF the Onion Finally,
~ the allotment Of their circuits made by the judges
at the December term 1855, every of these States
is put the same footing OF legality with all
the other States OF the unlon- Virginia and
sns ~ Una par s1 ,rr
Florida, Alabama and Mississippi constitute the Fifth
Innis,sna Arransss and reYas are an,,ed IN Tho
JudcisI Circuit A. 10 which there 10 vacancy on ths
bench The Chief Justice in ibe exercise Of his Circuit
Nor,h Carona if Nnrth Coro,ina :. not Sta,a ~ fh,s
Union, the Chief Justice had authority hold
v him n, ths, cour, ere ooa no., ;,,,,rs ~, vo,d
Another ground which these reconstruction
are territory that The relation
in which thew stood as states towards The FEDERAL Gov
ernment nrior 10 IN. reheon has v;ven pl.cs n nay
reiaou-tbs ia their territory Is CONQUERED terrtorv
ana their citizens CONQUERED neopc and thai in ,his
new rsa,i"s cnnoress can gorern thsn, ~. ,,,,.r. ~
power title bv Couarcss stands on clear ground Il
s new title aconred 6y war IL applies oniy 10 terri
Tor. -, ror roods nr oyahis tb;ngs rogn,a, csn,ras
in war called sbooty" or n taken by Individual sol
diers .slpunder', There is not foot of the laod
in any one Of these ten States which the United
States holds by CONQUEST save oniy such and
AZ aid not belong TO either OF these States or TO any in
dvidual owner-I mean such land ~ did belong 70 the
pretended government called the Confederate States
hcse lsnds We may claim 10 hold by az 10 ali
Others lands or territory. whether belonging 70 the
States individuals the federal government has
lion Oar own forts, arsenas, navy yards custom
houses and other federal property stuated in those
states We now hold not by the title o. Congress- but by
old title acquired BY purchase or condemnation for
public use with compensation 10 former ownersL We
have conquered these plsces but simply "repress
ed them. II We require moro sites for forts, custom
houses and other public uses We must acquire tho title
to them BY purchase or Appropriation 10 the regular
In the acquisition OF sites ior NATIONAL cemeteries IN
these States, acquires te IN the same way me fed-
era courts SIT 10 court houses owned OF leased ny the
United Staes not IN the court houses OF the states Tho
United states pays eacn OF tness Sses Tor me use OF It's
Jas Flnay, tne 'nHea ots'es ie'ies H uirect taxes
and its internal revenue upon tue property IN these
states, Includng me pIooucsions ., me anos within
their territorial limits not oy way oI levy snd contri-
buon ID ne cnaisete OF conqueroi put 10 tne resu'
iar way o' .aAanon. ohae. sns ssno @ws shcn Apply
70 all as o.nsr ssees ., .ae .usn @ aon IN nst 70 ast
during tne feoehon aIu snce .ne ie o eacn OF tnese
States 10 inc ianas sue Puonc ouags owned " tncm
mas never oeer us'uioeu, anu nos ioo. VI nas ever
peen acquired py tne On.eo states; even unoer uue
OF conhscauop, MOI 'So' u ~ n"s ever oeen taxed
unaer IeosrA law
IN conciusion must spe'uuis ahk 'ne Atehton OF
congress- 70 .ne vvnsoera.ion '" one nore question
arising unde! 'n's pm Nesls h me niltafy CON.
manaer supjs, oIy " rue appsosA m me eeherai OF
.ne srmes o. .me onteu S'asss' az unieu power 70
remove from ouce any o'.,i VI .ssy oncer ~ eacn
OF tnese Ten -tNef anu uie 'urncI power suoJect 70
tne same approval 20 ue'an " sppoin. any mu'ery
oncer ., soiGeI .iie en.os ,se W psrvTnl .ne uu-
ues OF the omcer 70 Iemosee 81" W MI az vacancies
>tAeS ,chkuhliou or