The Elk advocate. [volume] (Ridgway, Elk Co., Pa.) 186?-1868, 1867-08-01

Cih"Po OhS hOS0 III pOl tdnI III OOaNCJ
with the duties of which be is altogeth'
er unfamiliar. This bill says he shall
not be bound 10 bis action by the opinion
o { any civil officer of the United States.
The duties of the office are altogeth-
er civil, but when he asks for an opin-
ion, he can only ask the opinion of an
other military officer, who perhaps un~
derstands as little of his duties as he
does himself and as to his action"
he is answerable to the military authori-
ty, aud to the military authority alone.
Strictly, no opinion of any civil officer,
other than judge, has binding force (;
but these military appointees would not
be bound, even by judicial opinion.
They might very we'll say, even when
their action is in conflict with the
Supreme Court Of the United States,
that court is composed of civil Off
GERS Of the United States and we are
not bound to conform our action to any
opinion of any such authority"
This bill, and the acts to which it is
supplementary, are all founded upon the
assumption that these ten communities
are not States, and that their existing
governments are not legal. Throughout
the legislation upon this subj ect they are
called rebel States. And IN this parG
ticular bill they are denominated So
called States" and the vice of illegality
is denominated to prevade all Of them.
The obligations of consistency bind a
legislative body as well as the individ-
ualS who compose it. 1t is now too late
to say that these ten political commune
ties are not States of the Union Dec
larations to the contrary in these acts
are contradicted again and again by
reputed acts Of legislation enacted by
Congress from the year 1861 to 1867.
During that period, whilst these States
were in actual rebellion, aud tfter that
rebellion was brought to close, they
have been again and again recognized as
States of the Union. Representation
has been apportioned to them as States
They have been divided into judicial
district and circuit courts of the United
States, as States of the Union only can
be districted.
The last act on this subject was pass.
ed July 23, 1866, by which every one
of these ten States was arranged into
districts and circuits; they have been
called upon by Congress to act thr ough
their Legislatures upon at least two
amendments to the Constitution Of the
United States as States they have
ratified one amendment which required
the vote of twenty seven States of the
thirty-six then composing the Union
when the requisite twenty seven votes
were given in favor of that amendment
seven Of which votes were given by
seven of thes ten states, it was proclaim
ed to be part of the Constitution Of the
United States, and slavery was declared
no longer to exist within the United
States or any place subject to theil
| jurisdiction. IF these seven states were
not legal states of the Union, it follows
as an inevitable consequence, that sla'
very yet exists. 1t does not exist il
these seven states, for they have abol
ished it also in their own state Constitu
tions, but Kentucky, not having done so
would still remain in that state. But
in truth, if this assumption that these
states have no legal state government;
be true, then the abolition Of slavery by
these illegal governments binds no one,
for Congress now denies to these state.
the power to abolish slavery by denying
to them the power to elect legal state
Legislature or to frame a constitution
for any purpose, even for such a purpos,
as the abolition of slavery.
As 20 the other constitutional amend
ment, having reference to suffrage, i
happens that these States have not ac
cepted it. The consequence is that i
has never been proclaimed or understood
even by Conar IS 70 be a part of th
Constitution of the United States. Th,
Senate of the United States has repeat
edly given its sanction to the appoint
nent of judges, district attorneys an,
marshals for every one of these States
and yet if they are not legal States no
one Of these judges is authorized to hol,
a court. So, too, both Houses of Cor
gress have passed appropriation bills t
pay all these judges, attorneys and off
GERS of the United States for exercising
their functions in these States. Again
in the machinery of the internal reve
nue. laws all these States are districted
not as Territories, but as. States. S
much for continuous legislative recogui
ton. The instances cited, however
fall far short ofall that might be enum
Grated. Executive recognition, as
well known, has been frequent and VI
wavering.
The same may be said as to judicia
recognition through the Supreme CouI
of the United States. That angus
tribunal, from first 10 last, in the admin
istration of its duties, in banc and upo
the circuit, has never failed to recogniz
these ten communities as legal States c
the Union. The cases depending j
that court upon appeal and writ Of orro