The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1867-07-31

10y .llAAAvASS NJ ~ 49,
States and the voice of illegality is de-
clared to pervade. all of them. The obi
cations of consistency bind the legislative
BODY. as well as the individuals who CON-
pose it. lis now too late to say that
these, ten political communities are not
Statcs of this Union. e.
Declarations to the contrary, made in
these their, acts, are contradicted again
and again by the repeated acts OF legisla-
ton enacted by Congress from the: year
1861 to the year 1851 During that
period, while those States were in active
rebellion, and after that rebellion was
brought to q close. they have been again
and again recognized as States OF the
Union: Represen has been appor-
toned to them as States. They have
been divided into judicial districts for the
holding of frdistrict and circuit courts OF
the United States, as States OF the Union,
can only ysbezdistributed.s
1.-The last acton this subject was passed
July %, 1896; byswhich every one Of
these ten States was arranged into dis;
tricts and circuits. They havebecn called
upon. by Congress;to act through their
Legislatures pom at least 4tw O. amend
.ments to, the Constitution of the United
States States they have ratified one
amendment, which required the, vote Sot
twenty-seven States of the thirty six then
composing the Union When the requi-
site twenty-seven votes were given in ia
vor Of that amendment-----seven Of which
votes were given by seven of these. States
twas proclaimed to be q part OF the
Constitution of the United States, and
slavery was declared not longer to exist
in the United States or any place subject
to oitheirjurisdiction. Ifthese seven States
were not legal States of the Union, it fol-
lows as the inevitable consequence that
in some of the States slavery yet exists.
It does not exist in these seven States,
for they have abolished it-also in their
own State Constitutions; but Kentucky
not having done So, it would. still remain
in that State. But, in truth, if this as
sumption that these State Governments
be true, then the abolition of slavery by
these illegal governments binds no one,
for Congress now denies to these States
the power,to abolish slavery by denying
to them the power to elect a legal State
Legislature, or to frame constitution for
any purpose, even for such purpose as
the abolition of slavery.
Asto the other constitutional amend
ment having reference to suffrage, it hap
pens that these States have not accepted
lit. The consequence is that it has never
proclaimed or understood, even by Con-
gress, to be a part Of the Constitution of
the United States. The Senate of the
United States has repeatedly given its
sanction to the appointment Of judges,
district attorneys and marshals for every
one of these States; and yet if they are
not legal States no one of these judges is
authorized to hold court. SO, too, both
Houses Of Congress have passed appro-
priation bills to pay all these judges, at
torneys and officers Of the United States
for. exercising their. functions in these
States. Again, ,.in, the machinery Of The
internal revenue laws all Of these States
are districted not as Territories but as
estates"
So much for continuous legislative re-
cognition. The instances cited, however,
fall short of all that might be enumerated.
Executive recognition, asis we'll known,
has beon frequent and unwavering. The
same may be said as to the judicial recog-
milton through the Supreme Court of the
United States. That august tribunal,
from first to last. in the administration OF
it's duties IN banc and upon the circuit has
never failed to recognize these ten com
munities 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 cessation
of jurisdiction. They were carefully con-
tinued from term to term until the rebel-
lion was entirely subdued and peace re-
established, and they were called tor
argument and consideration as.-if no
insurrection had intervened. New 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 State can
bring such a suit. These cases are enter
tanned by that tribunal in the exercise of
it's acknowledged jurisdiction, which could
not attach to them if they had come from
any political 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 le-
gality with all the other States of the
Union. Virginia and North Carolina,
being a part of the Fourth Circuit, are al
lotted to the Chief Justice. South Caro-
lima, Georgia, Alabama, Mississippi and
Florida, constituted tho Fifth Circuit, and
was allotted to the late Mr.. Justice
Wayne. Louisiana, Arkansas and Texas,
are allotted 10 tho Sixth Judicial Circuit,
as to which there is a vacancy on the
bench.