The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-07-20

Understands as little of his duties as he does him
self and to his "action," he Is answerabe to
the military authority, and the military authority
alone. Strictly, no opinion Of any civil icer,
other than Judge, has binding force; but these
military appointees would not be bound even by
Judicial opinion. They might very we'll say, ven
when their action is in conflict with the Supreme
Court Of the United States, that COURTS composed
of civil officers of the United States and we are
not bound to conform uur action 70 any opiuion
Of any such authority" This bill, and the acts
TO which 1t is supplementary, are ali 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
particular bill they are denominated SO called
States" and the vice of llegality is declared to per-
wade all of them. The obligations of consistenev
bind legislative body we'll as the indiyiduais
who compose It, It's now too late to say that these
ten political communities are not S ates of the
Union. Declarations TO the contrary In these acts
are eontradlcted again and again by reputed acts Of
legislation enacted by Congress from the year 1861 TO
the year 1867. During that period, whilst these
States were In actual rebellion and after that rebel
lion was brought to close they have been again and
again recognized as States of the Union Representa-
ton has been Rpportioned to them as States, They
have been divided into judicial districts for the hold
ing OF district and circuit courts of the United States
as States of the Union only can be distrcted 1'ne
last act on the subject passed July 23 1885, nv
which every of these ten States was arranged
into districts and circuits; they nave been called
upon by Congress to act through their Legislatures
upon at least two amendments to the Oonstitut
OF the United States as States they have ratified
one amendment which req nired the vote of twenty-
seven States of the thirty six then COMPOSING the
Union. w nen the requisite tWenty-eeVen votes
were given in favor of that amendment, seven
OF which votes were given by seven OF those ten
States IL was proclaimed to be part of the Con-
sutuuon OF the United States and slavery was de-
clared no longer to exist within the United States
or any place subject to their Jurisdiction II these
seven States were not legal States of the Union IL
follows, inevitable ce, that slavery
yet exists. 1t does not exist in these seven States
for they have abolished it also in their own State
constitutions bat Kentucky, not having done so
would still remain in that state, But in truth, IL
this assumption that these States have no legal
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
elect legal State IessSture % or to frame eop
sutution for any purpose, even for such purpose
as the abolition of slavery.
AS to the other constitutional amendment, hav-
ing reference to suffrage, It happens that these
States have not accepted it. The consequences is
that 1t has never been proclaimed understood
even by Congress to be part of the Constitution
of the United States. The Senate of the United
States has repeatedly given its sanction to the ap
pointment OF judges, district attorneys and mar
shals for every of these States, and yet If they
not legal States not one of these judges is
thoTized to hold court. So, too, both Houses of
Congress have passed appropriation bills 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 in
ternal revenue laws all these States districtsd
not as territories, tut as States So much for
tinuous legislative recognition The instances
cIted however fall far short of ali that might be
enumerated. Executive recognition, is we'll
known, has been frequent and unwavering.
The same may be said as TO judicial recognition
through the Supreme court OF the United States.
That august tribunal, from first to last In the ad-
minlstraton OF its duties, in baDc and upon the
circuit has never failed TO recognize these ten
munites as legal States of the Union. The
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
sation of jurisdiction. They were carefully con-
tnued from term to term until the rebellion was
entirely subdued ana peace established and then
they were called for argument and consideration,
as If insurrection had intervened. New cases,
occurring since the rebellion have come from these
States before that court by writ of error and ap-
peal, and even by original suit, where only State
can bring such suit. These entertained
by that tribunal in the exercise of its
jurisdiction, which could not attach TO them il
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 at the December term, 1865, every
one of these States is put on the same footing of
legality with all the other States OF the Union.
fourth circuit, are allotted to the Ohief JGstice
South Carolina Georgia Alabama, Mississippi and
Florida constitute the fifth circuit, and are allotted
to the late MIR. Justice Hayne Louisiana, Arkan-
and Texas are allotted to the sixth judicial cir
| emit as to which there is vacancy on the bench
The Chief Justice, in the exercise Of his circuit
duties, has recently held Circuit in the State of
| North Carolina II North Carolina is not a 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
| cOTdm non judice &C UeTdt
| Another ground on which these reconstruction
acts attempted to be sustained is this, that these
ten States are conquered territory, that the con-
stitutional relation in which they stood as States
| towards the Federal government prior TO the re-
telion has given place 10 new relation; that their
territory is conquered country, and their citizens
conquered people, and that, in this new relation
| Congress can govern them ~ military power.
title by conquest stands on clear grounds; 1t Is q
new title acquired by war. 1t applies only to
| territory, for goods and movable things regu.
larly captured in war are called "booty," or, If
taken by individual soldiers, "plunder." There
| is not foot of the land in any one of these ten
States which the United States holds by con-
quest, save only such land as did not belong to
| a
| / mean such lands did belong TO the pre-
! tended government called the confederate States.
| These lands we may claim TO hold by conquest,
TO all other land or territory, whether belong
TO the States or to individuals The Federal govern
ment has now more title or right to II than it had
before the rebellion. Our own forts, aIsenals,
naYy-yards, custom houses, and other Federal
Hfnperty situate IN those States, we now hold, not
~ The title OF conquest, but by our old ttle-ac-
qulred by purchase or condemnation TO public use,
with compensation to former owners We nave 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 ac-
quire the title 10 them by purchase or approprion in
the regular mode. at this moment the United Sates
in the acquisition of sites for national cemeteries
In these States, acquires title in the same way.
The Federal courts sit in 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 of its Jails Finally, the
United States leVies It's direct taxes and its inter
nal revenue upon the properly IN tnese States IN
| cluding the productions OF the lands within theil
| territorial limits, not by way OF levy ana conlrl
button in the character of a conqueror, but In th
| regular way of taxation, under the same law
| which apply TO all the other states or the Union
From first TO last, during the rebellion and since
the title Of each Of these States to the lands an'
| public buildings owned by them mas never beeI
| disturbed, and not foot OF II mas ever oeen ac
qured by the United States, even under title bl
| confiscation, and not foot OF IL mas ever DeeI
| taxed under Federal law.