The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1867-07-22


for exercising their functions in these
| States. Again, in the machinery of the
internal revenue laws, all Of these States
ere districted, not as " Territories" but as
Estates"
So much for continuous legislative re-
cognition. The instances cited, however,
fall far short Of all that might be enume-
rated. Executive recognition, as is well
known, has been frequent and unwavering
The same may be said as to judicial recog-
milton, through the Supreme Court Of the
United States. That august tribunal, from
| first to last, in the administration of its du-
ties in banc and upon the circuit, has never
! failed to recognize these ten commu-
mites as legal States of the Union.
The cases depending in that court
| upon appeal and writ of error from these
States when the rebellion began have not
been dismissed upon any idea of the ccssa-
tion Of jurisdiction. They were carefully
| continued from term to term until the re-
bcllion was entirely subdued and peace re-
established, and they were called for argu-
ment and consideration as if no insurrec-
ton had interviewed. Now cases occurring
since the rebellion have come from these
States before that court by writ of error
and appeal, and even by original suit,
where only ga State" can bring such a
suit. These cases arc entertained By that
tribunal in the exercise Of its acknow-
lodged jurisdiction, which could not attach
to them if they had come from any politi-
cal body other than State Of the Union.
Finally, in the allotment Of their circuits,
made by the Judges at the December
term, 1865, every one Of these States is
put on the same footing Of equality with
all the other States Of the Union. Eir-
ginia and North Carolina, being a part of
the fourth circuit, are allotted to the Chief
Justice. South Carolina, Georgia, Ala
bama, Mississippi, and Florida constituted
the fifth circuit, and were allotted to the
late Chief Justice Wayne. Louisiana, Ar
kansas, and Texas are allotted to the sixth
judicial circuit, as to which there is va
cancy on the bench.
The Chief Justice, in the exercise OF
his circuit duties, has recently held Cir
cuit court III the State Of North Carolina.
| If North Carolina is not State of this
Union, the Chief Justice had no authority
to hold court there, and every order,
Judgment, and decree rendered by him in
that court were co7Gm non jW,ljci and void
Another ground on which those recon
struction acts are attempted to be sus-
tanned is this: That these ten States are
conquered territory that the constitu-
tional relation in which they stood as
States toward the Federal Government
prior to the rebellion has given place to a
new relation that this territory is a con-
uuered country, and their citizens 4 con-
quered people, and that in their new rela-
ton Congress can govern them by military
power.
A title by conquest stands on clear
ground. 1t is new title acquired by war.
II applies only to territory, for goods or
moveablc things regularly captured in war
arc called /" booty" or if taken by indi-
yidual soldiers, "punder."
There is not foot Of the land in any
one Of these ten States which the United
>, States holds by conquest save only such
land as did not belong to either OF these
States or to any individual owner.
/ mean such lands as did belong to the
pretended Government called the Con.
tederate States. These lands we may
claim To hold by conquest. As to all other
land or territory, whether belonging to the
States or TO individuals, tic Federal Go
ver1nent has now 10 more title or righi TO
| it than it had before the rebellion. Our
own forts, arsenals, navy-yards, custom
houses, and other Federal property situate
| in those States we now hold, not by the
title Of conquest, but by our old title,
acquired by purchase or condemnation Tor
public use, with compensation to former
owners. We have not conquered these
places, but have simply "rposSeSSed "
| them.
If we require more sites for forts, Gus
tom-houseS, or other public use, we must
acquire the title to them by purchase or
appropriation in the regular mode. At
this moment the United States, in the ac-
quisiton of sites lor national cemeteries
in those States, acquires tile in the same
way. The Federal courts sit Ill court
houses owned or leased by the United
States, not in the court-houseS OF the
States. The United States pays each OF
these States for the Use Of its jails. FL
naIly, the United States levies its direct
taxes and its internal revenue upon the
property in these States, including the
productions Of the lands within their ter
ritorial limits; not by way OF levy and
contribution in the character OF con-
Queror, but in the regular way of taxation
under the same laws which apply to all the
other States of the Union.
From first to last, during the rebellion
and since, the title Of each Of these States
to the lands and public buildings owned
by them has never been disturbed, and
not a foot Of it has ever been acquired by
the United States even under title by
conGscation, and not foot Of it has ever
been taxed under Federal law.
In conclusion, Il most respectfully ask
the attention Of Congress to the considera-
tinn of one more question arising under
this bill. 1t vests in the military COM
mander, subject only to the approval of
the General Of the Army OF the United
States, an unlimited power to remove from
Office any civil or military officer in each
of these ten States, and the further power,
subject to the same approval, to detail or
appoint any military officer or soldier of
! tic United States to perform the duties OF
the officer so removed, and to fill all va
cancies occurring in those States by
death, resignation, or otherwise.
The military appointee thus required to
pcrform the duties Of civil Office accord
ing to the laws Of the State, and as such
REQUIRED to take an oath, is for the time
heinp civil officer. What is his char
acter? Is he civil officer OF the State
or civil officer Of the United States! ii
he is civil officer of the State, where IS
the Federal power under our Constitution
which authorizes his appointment by any
Federal officer If, however, he is to DC
considered q civil officer Of the United