Council Bluffs bugle. [volume] (Council Bluffs, Iowa) 1860-1868, 1867-08-08

stats Al % ~ App9tn1e1 . govefuQ3
Slats. be IL 10 exeeats ths dali< ~
provided hy che lava of that State, ~
fpr ths time being. hSs milat&xy eh&r
1 ser isSe b suspended In his n49 III
| capacity. lf be h appoiatsd v IL
Treasurer be must 81 oncs sssau3 -
eassady and dlsharseGsaet og The faEz ~
she Stkfs, and must psrform those i
pfeal1siy assordiax 10 tbs I&w1 a -
State, for be IL intrusssd wish NO t1ler
laiasial dasy eT osHsr ei6siaI poser. n1i6
| ing shs otsss Of Treasurer, ard sx1ro16
| VIM fands, II happess that be Il yeougt
| by sha gtata ls&a 20 enter iass -
wish ssearisy aa3 10 take an cath on
asss res, frem tbs bsgiasias sf shs1&lll
10 the end, thern ID no proyisian f0s31ey
bond or ossh 0k olhcs, az for ssy i ~
Qualification required under she ~
lIaw, sash ~ rssidsnes, eisizsns hip, E. -
thing else. The qnix aelh II H.
tcany eisiI ohcs 10 the State ID requffed
TO ssks and 90 subscribe 20 the cath OF OF
Gee prescribed by Lac for sfkeers of the
Unised States. Thas, an oaeeY OF the
army oF the United States detailed TO 9ll
a civil ofhcs in one OF those States, gives
nc ofkaiai haad, and takes no Official oath
Tor the performance sst his new duties,
bus as civil olhccF Of the State, only
lakes tha same oath which be has already
taken as military officer Of the Unssed
States. us In as fsass military ofkeeF
performing civil duties, and shs eu.hoFi
a. .uA - Z. x a. 4 Rh,m
| ity only, and the inevitable result is that
the Federal Government, by the ;eney
OF It's own swoEu eiieers, 10 effsfss, as.
samss the eisil government OF the State.
A angular contradiction Ia apparent
here. Congress declares these local State
GoseFnmenss 90 be illegal Gossruments,
aud then provides that these illegal Gov
eFnmenss shall be carried 90 by Federal
ofhcers, whe are to psEforrn the very da-
lies Imposed on It's ewn efaeegs by this
illegal State authority, Ii certainly
would be q novel spectacle If Congress
should attempt 70 carry ca legal Stats
government By the agency Of its osn Of
hosrs. Ii 10 Jet mors strange thas Oon-
gresa attempts 30 sustain or carry on an
Illegal State goverumsnt By the same Fed
eral agency. In thls connection must
call attsption 60. tha 10th and lib Sec
sioas of ths bill, which provide that
'snone of the officers or sppointees OF ihsse
military com manders shall be bound in
hia action by an apiuion Of any civil OH
- OF toe Unised States, and that sll the
pfosisions of the get shall be construed
liberaily, 20 the end that all the insents
thsreoE may bs faily and carefully sarri
ed oas." It seems Dongress supposed
thai this bill mighs require oesstspstion,
and they tx, thersfors, the rule 70 be ap-
piled. But where ia lhs construction TO
come from Certainly no Gao be more
lin want of iassraesi9a than . soldier on
an ofSeer OF ths army detailed for civil
sefvies-perhaps the moss important IN o
State with the duties Of winch be 10 al.
together unfamiliar. This bill says hs
shall nes be bound in his aetian by the
opiniea Of any eivil oikser OF shs Uaissd
States. The duties OF the ofhee are alto
gether civil, bat when be asks for 50 opin.
ioa be can only ask she opinion oFlaHofh-
Ter military officer, who perhaps under
lssands a. little Of bis duties as be doe,
himself aud as 10 his aatiou, he 10 an.
seerahle 70 the military authority and Il
the military sathoFisY alone. Strictly
| ne opinion Of any eiYii ofsoer other shaz
indee has q hindiss force, bat thes'
military appoinsess wcald not DO bounS
even by Judicial opinioa. Thsy nigh
very veil cay, esen when their action Il
in eonaics with the Supreme Court Of thl
Unised States, thai Court is composed d
ossil eGieers OF the Unised States, and vi
are aot bound to conform our action u
any sRlnion OF aay such authority. Thi
dill and the acts 10 which it 10 supple
| mental are all foanded upon the assamp
tioa that thess ten communities are no
States, and that their existing govern
mentsk are nos legal. Threughoas th,
legislation upon this subject they are call
ed '.Rebsl SsatesH and ia this particnsa,
they are desomiaassd 80. called States,
and the vice Of illegslisy 10 declared 81
pcrvads all OF them. The obligations o
lsaEsissEncy bind legislative body q
Rell as the individuals Rho compose u
Ii 10 nov too late 10 say that these ssl
somma6isies ara not States Of this Unien
Ueelasaiiers 10 the contrary, made Ii
shsss thres asss, ars censssdicssd sgsil
asd egaia BIZ repeated aess aE legislslipl
enacted By Congress, from the year l85l
10 the year 1867. Daring thai period
while TOE States wers 10 actual rebellion
and after that rebellion was hroughs ~
| elsss, thsy have been again and agail
recognized - States Of the union. Rep
Ireseasatives have bssa appoinsed 10 shss
j | States; they have been divided into Ja
siicial Dissrieae for the holaing Oh Dis
Il s@icl and Cirogis UoaFss af The unlses
States Rs States OF the Eafan e0iy can b,
| districssi. The lass aos ca this subjse
was passed Jaiy Is, 1865, By which sve
one Of the ten States vas arranged lat
Districts aad cireaiss. They hass bear
called 90 by Coagress TO aes thyeush shsi
| legislatures Epaa - lsast swo amend
msnss 10 tho Conssisusion Oh tho Unises
i ssssss. As States they hare sAtiasd on.
| smendmeet which ssqaked the vees of q
| States of the 50 then composing the Un
liaa. Whsn sss requisite 81 votes wef,
given in favor Of shas ansaadmsns--seysi
Of whish votes wsrs gwen By seven Q
shsse Ten esases- ID was rysolaimed TO b
o part uf shs Csnskisasion ef tbs Unite,
states, snd slavery wss declared no lon
ger 30 sxist withia sha uaised 6Eatss D
any plasa ahb jses 10 shair jasssdissisn i
i these sesSn 8sssss wsrs NOT legal Stats
| of she unioas is follsxs ~ IN insyiss6i'
| esss<aasree shak = ssms oE shs Gsass
siayerY yss sxists. Il does nos exist Il
1 sasss sasss States, fos they kavs AbsiisA
i 81 sk also 10 their Etata sonssis4tions
| bnt KsnkaaSy nes kassae desc -, \