The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-07-22

Tics Of which, perhaps tho. .ortant in @
State. is altogether unfamiliar.
This bill says hu shall not be bouh> 'cion
by tho opinion Of any civil officer OF itcd
Stntes. Tho duties of tho Office nro alt Sthcr
civil but when lio asks for all opinion he can only
nsk the opinion OF another military officer, who,
perhaps, undcrstauds AZ litto Of hIs duties az he
does himself; and as to his faction" ho is answer
able to the military authority, and to tho military
authority alone. Strictly no opinion Of any civil
officer, other than q Judge, has binding force.
But 'hcso military nppointccs would not bo bound
even BY Judicial opinion. They might very well
Supreme Court of the United Statcs ''that Court
is composed OF civil officers of tho United states
and wo not bound to conform our action TO any
opinion Of any such authority"
Tho bill and the acts to which il is supplemon-
tary aro all founded upon tho assumption that tho
listing Eovernmcnts arc not legal. Throughont
tho legislation upon this subject they arc called
rebel States, nnl in this particular bill they
illoEalit is declared to perratlG NIL OF them. Tho
obligations OF consistency bind the Legislative body
as we'll q, tho ndvidu ulls WIN compose it, 1t is
munities orc not States uf this Union.
Declarations To tho contrary, made in ihosc their
acts, arc contratictcd again and again by tho re-
pc:;cd acts Of legislation enacted by Congress-
from the year 1861 To tho year 1867. During that
period wliilc those States were in actiyc rebel
lion, md after That ro.,con wns brought 10 n
close. they have been again and again recognized
AZ States Of the Union. Representation has been
9pportioneL To them ns Statos. They hnye boon
district anl circuit courts OF tho United States as
Stat Of tho Union can only b, distributed.
The last act OH this subject was passed July %,
1866, by which eyery ono of those Ten statos was
arranged into districts aud circuits, They layo
bcen called upon by Congress to net through Their
Legislatures upon at least :wo amendments TO tho
they havo ratified ono amendment, which required
the vote Of twonty-scr1n States OF tho tlirty-sx
then then composing the Union. Whom tho requisite
twent. -seycn rotcs wcrc gron in favor OF tint
anondncnt-soyen of which votes wero given by
soren OF these Slates-it was proclaimed to bo a
prrt OF tho Constitution of tho United statos, and
slavery was declared not longer TO oxist in the
United States or any placo subject to their juris.
diction. If thcao seven Stutcs wcro not legal
consequence that in somo of tho States slavery
yet exsts. 1t docs not exiat in these acyon States
for they have abolished it aBo i'll their own State
Const tutio,s hut Kentucky not having iono so
il would still romnin in that State But, in truth,
il this resumption that these States havo no LEGAL
Slate Governments bo true. then tho abolition Of
one, for Congress now tonics tn these States tIc
power to elect legal Slate Losisa:uro is' or To 10
such purpose tho abolition of slnycry
As to tho othor consti utional amendment having
reference to suffrage it happens that these States
has mover been proclaimed or understood, oven by
Congress, TO be part OF tho Constitution of tho
United 81. les. Tho Scnnto Of tho United States
has repeatedly Eiyen it's sanction to Tho appoint
mcnt Of Judges, district attorneys and niarslals
Tor every ono OF these States and yet if they nro
not legal States not one of these judges is author.
iZcd To hold court. So, too, both Houses of Con-
:ress havo passed appropriation bills TO pay oil
these judges attorneys and officers ot the United
States for ,xercising thoir functions in these
States. Again. in the machinery of tho internal
revenue laws all Of these States nro dislrictcd moi
rs Territories but as "Statcs."
SO much for continuous legislative recognition
The Instances cited, however, fall slort of all that
might be enumerated.
Executive recognition, as ia well known. has
been frequent and nnwnvorng. Tho same NAV
be said as to the Judicial rccogiti-n, through tho
Supreme Court of the United States. That august
tribunal from first to last i'll the administration
Of its duties IN Gano md upon the circuit, has
legal States Of tho Union. Tho cases depending
IN that court upon appeal and writ OF error from
these States. wicn the rebellion bognn, have not
been dismissed upon any dea Of tho cessation of
term to term until tho rebellion was entirely cub
ducd and peace re-cstabished, and thoy wero call.
rection had intcrrencd. Now cascs, occurring
since the rebellion, llnvo como from these States
boorc that court by writ of error and appeal, and
oven by original suit whcro only Slate can bring
such \ amt. Those cases Gre entertained by tia
tribunal in the exercise of its ackt owlcdged nrs.
diciion, winch could not attach to them il thoy
sao Of the % Union Fn"y in D0 to 0net aeent aean ai
Der tcrm 1865 orery ono Of these States is put on
States Of tho Gon rsns and II Noi;l ahs etasr cars
lina being part Of tho Fourth Circuit nre ailol-
ted TO the Chief Justice. South Cnrolina, Georgia,
Alabama, Mississppi and Florida, constituted tho
Fifth Circuit, and was allotted 10 tho late Mfr
Juatico Wayne. Louisiana, ArAansas md Texas
aro allotted to the Sixth Judicial Circuit, as TO
winch there tB vacancy on tho bench.
The Chief Justice, III tho exercise OF his circuit
duties. has recently held circuit Court In tho
State Of North Carolina. II North Carolina is not
authority to hold court there, and every ordor,
Judgment and dccrce rendered By him in that court
we're coram non JUDGE and void.
Another ground on which these rcconstrucion
acts arc attempted to be sustained is this: That
thcso ten States are conquered. territory; that the
constitutional relation in WI Sli they stood M
States towards the Federal Government prior to
The rebellion has given place to n new relations
that this territory is conquered country, and
their citizens conquered people; nnd tha In this
now relation Congress can govern them by military
title by conquest stands OIL clear ground II
is now little acquired by war. II appes only to
territory, for good. or no,cablc things regularly
Individual sol'ors p!nnder.n
There ii not foot OF land in anv ono Of these
ten States which tho United States holds by con-
quest, savo only such land as did" not belong to
either or these States or to any individual owner
mean such lnnds as did belong to tho pre-
tended Government called tho Confederate Slates.
lbese iands wo may claim TO hold by conquest. AB
to all other land or territory, whether belonging
to 20 State or to Individuals tho Federal Govern,
mont has now no moro tlte or right to il than IL
navy yards, custom houses nnd other Federal prop.
erto situate in thcse States wo now hold, not hy
the tit OF conquest. but by our old title acquired
by purchase or condemnation for public uso witt
compensation to former owners, Wa have not
conquered these PLACES, but havo simply "rcDos-
Hessed' thom. II wo require moro sites for forts
custom houses or other public use Mo must nc
9uirc tho tito to them by purchase or appropria-
ton in tho regular mode. At this moniont tho
United stntes, in tho acquisition OF sItea fur ma
tonal cemeteries in those stutss, aoaureo tito in
tho aaple way, Tho Pedoral courts sit In conrt
houses owned or leased by tho United States, not
in tho court houses OF tho States Tho Unilod
States pays oach Of these States for tho tse Of s
lalls FINALLY, tho United Staies loyiea its direct
IN thoa9 States, including tho productions Of the
lands within thGir territorial limits-not by way Of
levy and contribution in the character Of a con.
guorer, but in the regular wny OF taxation unlor
the 81 same laws which apply TO all tho other States
From. GTst to last, during tho rebellion and
since, tho title OF cach Of theso States 10 tho lands
and public buildings owned by thon has mover
becn disturbed, and NIT foot u it has over becn
acquired by tho United States oven under q title
py eonfsratlon, md not foot OF il has over be.
taxed under Federal law.
ln conclusion must respectfully ask tho alton
ton OF Congress to tho consideration or one more
question arising under this bill. It vests In tho
military commander, subject only 10 tho approval
OF the General OF the army of tho United States
an unlimited powor to roniovo from offico any civil
tho further power, subject to tho eamo approval
70 detail or appoint any military ofccr or sodior
OF tho United Statos TO Pc, foIm dutioy of tho
ptfceF 80 removed and TO I'LL oil tho vacancies oc-
css!onta IN those States by death, resignation or
otherwise. .g'II III
IL -