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

any idea of the cessation of jurisdiction.
They were carefully continued from
term to term until the rebellion was en-
tirely subdued and peace established,
and then they were called for argument
and consideration, as if no insarrection
had interviewed. 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 could bring such
a suit. These cases are entertained by
that tribunal in the exercise of its ac-
knowledged 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 cir
cats made by the judges at the Decem-
Der term, 1865, every one of these
States is put on the same footing of
legality with all other States of the Un-
ion. Virginia and North Carolina, be-
ing a part of the fourth circuit, are all
lotted to the Chief Justice. South Car
olina, Georgia, Alabama, Mississippi
and Florida, constitute the fifth circuit,
are allotted to the late Mr., Justice
Swayne, Louisiana, Arkansas and Texas,
are allotted to the sixth judicial circuit,
as to which there is vacancy on the
bench. The Chief Justice, in tie exer~
else of his circuit duties, has recently
held a Circuit Court in 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 coram non .judice ct Uidu.
Another ground on which these re-
construction acts are attempted to be
sustained is this: that these ten States
are conquered territory that the con-
stitutional relation in which they stood
as States teward the Federal Govern
ment prior to the rebellion, has given
place to new relation that their terri.
tory is conquered country and their
citizens conquered people, and that in
this new relation Congress can govern
them by military power. A title by
! conquest stands on clear ground it is q
new title acquired by war. 1t applies
only to territory, for goods and movable
things regularly captured in war are
called " booty" or, if taken by individ-
ual soldiers, "plunder." There is not
, foot of the land in any one of these
ten States which the United States hold
by conquest, save such land as did not
, belong to either of these States or to any
, individual owner. l mean such lands
, as did belong to the pretended govern.
ment called the Confederate States
These lands we may claim to hold by
conquest ; as TO all other land or terri.
tory, whether belonging to States or to
individuals, the Federal Government
has now no more right or title to it than
it had before the rebellion. Our own
, forts, arsenals, navy yards, custom.hous.
es, and other Federal property situate
| in those States, we now hold, not by the
T title of conquest, but BY our old title
acquired by purchase or condemnation
to public use, with compensation to for,
. mer owners. We have not conquered
| these places, but have simply "repos,
sessed" them. IF we require more
sites for forts, custom houses or other
public use, we must acquire the title tc
them by purchase or appropriation in
, the regular mode. At this moment the
United States, in the acquisition of sites
for national cemeteries il these States
acquires title in the same way.
! The Federal courts sit in court house.
owned or leased by the United States
. not in the court houses of the States
The United States pays each of these
e States for the use of its jails. Finally
the United States levies its direct take,
: and its internal revenue upon the prop
: erty in these States, including the pro
: duction of the lands within their terri
t torial limits, not by way of levy anC
! contribution in the character of a con
e queror, but in the regular way of taxa
e ton, 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 thest
}, States to the lands and public building
t owned by them has never been disturb
i ed, and not foot of it has eve. beer
: acquired by the United States, ever
0 under title by confscation, and not
!, foot of it has ever been taxed by Fed
2 eral law.
!, In conclusion, must respectfully asl
= the attention of Congress to the cousid
!, Grafton Of one more question arising un
0 der tbis bill 1t vests in the militar,
j. commander, subject only to the approy
), al of the General of the army of tn
: United States, an unlimited power to re
IS move from Office any civil or militar
J. officer in each of these states, and tn
further power, subject to the same ap
i proval, to detail! or appoint any militar.
t officer or soldier Of the United States /
st perform the duties of the officer so re
l. moved, and to fill all vacancies occur
n ring in these states by denth, resignation