Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1867-07-31

is, that the officer or soldier detailed to MI
civil office must execute his duties according
to the laws Of the State.
IF he is appointed Governor OF otate,
he is to execute the duties as provided by the
laws of that State, and for the time being MS
military character is to be suspended IN his
new civil capacity. If he is appointed State
Treasurer he must at once assume the custo-
dy and disbursement of the funds OF the
State, and must perform these duties precise
ly according to the laws of the State tor ne
is entrusted with no other official duty or 9th
er official power. Holding the Office OF treas
urer and entrusted with funds, it happens
that he is required by the STATE laws to enter
into bond with security, and to take an oatn
of office, yet from the beginning OF the Dill
to the end there is no provision for any bond
or oath of Office, or for any single qaalihca-
tion required under the State law. such a. as
residence, citizenship, or anything else. Ine
only oath is that provided for in the n'ntn
section, BIZ the terms of which every one de
tailed is /" to take and to subscribe the oath
of office prescribed by law for officers Ct the
United States
Thus an officer OF the army Of the United
States, detailed to fill a civil Office in one
of these States, gives no official bond and
takes no official oath for tho performance OF
his new duties as civil officer Of The State
only takes the same oath which he had al
ready taken as n military officer of the Uni-
ted States. He is. at least, a military officer
performing civil duties, and the authority un-
der which he acts is Federal authority only;
and the inevitable result is that the Federal
Government, by the agency of its own sworn
officers, in effect assumes he civil govern
mcnt Of the States.
CONTRADICTIONS n THE BILL.
A singular contradiction is apparent here.
Congress declares these local State govern
ments 20 be illegal governments. ard then
provides that these illegal governments sh'l!
be carried on by Federal ificcg5, who are TO
perform the very duties imposed on Its o%i
officers by this Illegal State authority. 1t
certainly would be . novel spectacle it Con-
greSs sh, uld attempt TO carry on legal State
government by the agency of its own oihcerS'
1t is vet more strange that Congress at
temptS 10 Suslaiii anu S'tiIy VII q" N"
State government by the same Federal
agency.
the 10th and llth sections Of tie bill, which
provide that none Of the officers n appoinccs
Of these Military Commanders shall be
bound in his action by any opinion Of any
civil cificsr Of the United States" and that
| all the provisions Of The act "shall be con
strued literally, to the end that all the in-
tents thereof may be fully and perfectly car
ricd out" ::
It scems Congress Supposed that this bill
might require construction. AID they Tx,
therefore, the rule to be applied. But where
is the construction to come from? Certainly
no one can be more in want Of instruction
than soldier or an otliccr Of The army de-
tailed for civil service with the duties Of
which, perhaps The mos; important in Stale,
he is altogether unfamiliar.
This bill says re sel! not be bound in his
action blythe cpnion CT any ciTii ciiicc: c!
the United States. The duii&s Of The Office
arc altogether civil; but when BE- asks for an
cpi,lion lie can o.ly ask ihe opinion OF Gno;il'
er military officer, who, rcEaurs understand,
as lill!e Of bis duties as be doe. himself; ;.na
as t. his g action" he is ansv :raF!c to The
military authority, aid TO tn military ar-
thorily alone. Strictly, 10 opinion OF a!:g
civil officer, other than Il jadae, Las binding
force. But these military appJintces wou.!
not be bound even bya judicial opirion. They
might very well say, even VIXEN their action
is in conflict with the Supreme Court Of 'hp
United States, tha! court is composed O!
ci;il cGcers ort;.e United States. an. VIC arc
rot bound - s,?g;! !orm cur &ction to any op!n-
ion OF any such aG;i:onis.
STATES or MT STATES.
This bill and tie ac;s to which it is srp
! ti.,lantary are all founded upon the assump-
lion thai liz ten communities are not State
and that their existing gogcrnn1r,s :.re not
legal. Throughout the legislation upon this
subject thsy gre paiied "rebel States" and
in this particular bill they ere denominated
$50 called States" and Tic voice Of illcgal'ty
is declared 10 pcrvado all Of them. Tic CD
legations of consistency bind the legislative
body as well as the individuals who compose
L. It ig now too late to say that these ten
political communities ere not States OF this
Union.
Declarations to the contrary. made in these
three acts, arc c0ntradctcd again by the re-
peated acts of legislation enacted by Congress
from the year 1861 TO the year 1861. Dur
ing that period whilst .hose STATES we:c in &C
tive rebellion, and after that rebellion vaa
brought to close they have been again and
again recognized as States Of ta Union. Re-
presentation has been appor;ioacd 10 thein
as States. They have been divided into lu
diciGl districts for the holding Of District
and Circu;. Counts OF the United States, as
States of the Union only can he distributed
The las, act Oh this subject was passed iu-
ly %, 1866, by which cr@ry one OF these ten
States was arranged into districts and cir
cults. They have been called upon by Con.
gress to act through tfcir legislatures upon
1T least two amendments . til, Constitution
OF the United STATES. As S':.iss they have
ratified ore amendment, whicN required the
vote Of twenty seven States Of tie thiry-siS
then composing the Union.
EThen :he renni>ite,wcnty SEEN votes we're
given in favor Gl' that ancEdr.aGt- Of
wl;-h votes were given By seven Of th,:sc tan
Stu.es-it was proclaimed TO BE- n part Of the
Constitution Of tic United States, and sla-
very was declared not longer To exist in the
United States or any place subject to their
Jurisdiction. ftaree seven States were not
/ 'lcga, States of the Union, it follows as the
inevitable consequence That in some Of the
States slavery vet exists. ItGoes not eyis.
in these seven States, for they have abolished
it also in their own State Constitutions; bat
/ Kentucky not having done so, it would still
remain in that State. But. in truth, if this
| asst m Ction that these States have no legal
State governments Ge true, then the abolition
Of slavery by these illegal governments Bis DIS
no one, for Congress now denies to these
States the power to abolish slavery b. Gcay-
ing to them the power to elect legal State
Legislature, or 10 fra;.c q constitution for
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