Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1867-07-24

perform the very duties imposed on its own
officers by this illegal State authority. 1t
certainly would be a novel spectacle if Con-
gress should attempt to carry on legal State
Government by the agency OF its own oihcers.
1t is yet more strange that Congress attempts
to sustain or carry on an illegal State uoV-
eminent by the same Federal agency.
In this connection / must call attention to
the tenth and eleventh sections of the bill,
which provide that none of the officers or
Apprentices of these military commanders
shall be bond in his action by an opinion OF
any civil officer of the United States, and
that all the provisions of the act shall be
construed literally to the end that all the in
tents thereof may be fully and perfectly car
ried out 1t seems that Congress supposed
that this bill might equireconstruction, and
they fix, therefore, the rule to be applied
But where is the construction to come from
Certainly no one can be more in want of in
struction than soldier or an officer of the
army detailed for a civil service, perhaps the
most important in State, with the duties of
which he is altogether unfamiliar. This bill
saws he shall not be bound in his action by
the opinion of any civil officer of the United
States The duties of the Office are altogether
civil, but when he asks for an opinion he can
ONLY ask the opinion of another military Of
ficer, who, perhaps, understands as little OF
his duties as he does himself, and as to his
action he is answerable to the military au-
thority and to the military authority alone.
Strictly no opinion of any civil officer other
than a Judge has binding force, but these
military appointees would not be bound even
by judicial opinion. They mi ght very well
say even when their action is in conflict with
the Supreme Court of the United States, that
the court is composed of civil officers of the
United States. and we are not bound to con-
form our action to any opinion OF any such
authority.
This bill and the acts to which it is supple
mental 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 subject
they are called rebel states, and in this
particularly, they are denominated IS So
called states" and the vice of illegality is
declared to pervade all of them. The obli-
cations of consistency bind Legislative body
as well as the individuals who compose 1t.
1t is now too late to say those ten commune
ties are not states of the Union. Declarations
to the contrary made in these three acts are
contradicted again and again by acts of leg
islation enacted by Congress from the year
1861 to the year 1867. During that period
while the states were in actual rebellion, and
after that rebellion was brought to a close,
they have been again and again recognized
states of the Union. Representatives have
been appointed to these states. They have
been divided into Judicial districts for Cir
cult Courts of the United States states of
the Union can only be Distracted The last
act on this subject was passed on July I'D.
1866, by which every one OF the ten states
was arranged into districts and circuits.
They have been called on by Congress to act
through their Legislatures. As states they
have ratified an amendment which required
the vote of twenty-seven states OF the thirty
six then composing the Union. When the
requisite twentv-seven votes were given In
favor of that amendment seven of which votes
were given by seven of these ten states, 1t
proclaimed to be part of the Consti-
tuition of the United States, and slavery was
declared no longer 10 exist within the nj
ted States or any place subject to their )urls-
diction. If these seven states were not legal
states of the Union, it follows an inevita-
BILE consequence that in some of these states
/ slavery still exists. 1t does not exist in
these states, for they have abolished it
also in their State Constitutions, but Ken
lucky not having done SO, it would still re-
main 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
states the power u abolish slavery by deny
my To them the power 10 elect legal state
legislature or frame a constitution for any
such purpose as the abolition of slavery.
As to the other Constitutional Amendment,
having reference 10 suffrage, IT happens that
these states have not accepted it. The con-
sequence is that it has never been proclaimed
OF understood even by Congress 10 be a part
# he. If The I-pftef n, ps
Congress has repeatedly given its sanction to
the appointment of judges, district attorneys.
and marshals for every one of those states,
and vet if they not loyal states, not one
of the Judges is authorized to hold. a court.
50, too, both Houses of Congress have passed
an appropriation bill to pay all these judges,
attorneys and officers of the United States for
exercising their functions in these states.
Again, in the machinery of the Internal
Revenue laws all these states described
not territories but as states. So much for
continuous legislative recognition. The in
stances cited. however, fall far short of all
that might be enumerated. Executive recog-
milton, as it is well known has been frequent
and unwavering. The same may be said of
Judicial recognition through the Supreme
Court of the United States That august
tribu nal, from first TO last IN the admins
tration of it's duties, in banco and upon the
circuit has never failed to recognize the ten
communities legal states of the Union.
che cases depending in that court upon APP
peal and writ of error from these states when
The rebellion began. have not been dismissed
any idea of cessati) IN of juris llction
They were carefully continued from term t.
term until the rebellion was entirely subducd
and peace established, and then they were
called for argument and consideration, as if
no instruction had interviewed. No cases
occurring since the rebellion have come from
these states before that court by writ of err
ror and appeal, and even by original suit.
These cases are entertained by that tribunal
/ in the exercise of acknowledged jurisdiction
which could not attach to them if they had
come from any political body other than a
state Of the Union. Finally, in the allotment
of their circuits made by the judges of the
December term, 1865, every one of the states
is put on the same footing of legality with
all the other states of the Union. Virginia
and North Carolina being part of the 4th
circuit, allotted to the Chief Justice !;
South Carolina, Georgia, Florida, Alabama
and Miss SSH pi constitute the 9Th circuit and
are allotted to the late Mr.. Justice Wayne
Louisiana, Arkansas and Texas are allotted
to the 9th judicial Circuit, as to which there
is vacancy on the bench. The Chief Jus
tice in the exercise of his circuit duties has
recently held a circuit court in the state OF
/ North Carolina. If North Carolina is not a
state of the Union, the Chief Justice had nc
authority to hold a court there, and every or
der, judgment and decree rendered by him
in that court were cOrdna non JUDGE and void
Another ground on which the Reconstruc-
/ ton acts are attempted to be sustained in
this That these ten states are conquered
territory that the constitutional relation in
which they stood as states toward the Fede-
raj Government prior to the rebellion has