The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-07-22

tho army detailed Tor civil Borv;co with tho du-
State, is altogether unfamiliar.
This bill snys ho shall not be bound in his notion
5y tho opinion Of any civil officer of tho United
Stntcs. Tho duties Of tho Office aro altogether
civil; but when ho asks for nn opinion ho can only
ask the opinion Of another military officer, WHO,
does himself; and to his faction" ho is answer
ablo to tho military authority, and to tho military
authority alone, Strictly no opinion of any civil
officer, other, than Judge, las binding force.
But thcse military appontecs would not be bound
even by judicial opinion. Thoy might very well
aay. oven wAcn their action is IN conflict with tho
Supreme Court of the United States, "that Court
Is composed OF civil officers OF the United States,
and wo uro not bound to conform our action to any
opinion OF any such authority"
Tic bill and the ucts to which il is supplcmon-
tnry arc all founded upon tho assumption TINT tho
ten communities nro not States and that their OK
listing governments not legal. Throughout
tho legislation upon this subject they arc called
rebcl Statcs and in tllis particular bill they arc
denomiuated ''so-called States" and the voice OF
liloSnit' IL declared to pcrvalc all OF them. Tho
obga ions OF CONSISTENCY blnt the legislative body
as well q, tho Individuals WIN compose it. It IL
nunitioB ore not Sutcs of this UniOn
Declarations 10 the contrary, made in these their
acts, arc coniratlicted again and ugan by the re-
pratch acts Of legislation enacted by Congress
from the year 1851 10 tho year 1867. During that
period, while those States were in active rebel
lion, nnd after that roIclliou WINS brought 10
close, they have been agaiu aud again recognized
ns States of the Union. Representation has been
apport;unel to them as States, They haro boon
district and c.rcut courts Of the United States az
Stat of tho Union can only BE- distributed 80
The last net on this subject was passed July %,
1866, by which eYcry one OF these len States was
arranged into districts aud circuits. They have
been called upon by Congress- to act through Their
of te un.ed %0 saas T. tho
thoy havo ratified ono amendment, which required
the rolo OF twonty-sov;n States OF tho thirty-six
twcnt -scvcn votes wcre given in favor o Tint
nmendmcnt-seron of which votes wero given Ly
soyen Of e. these siatos-it was proclaimed to bo 4
part ol tho Constitution Of tho United statos anil
slavery was declared not longer 10 oxist i'm the
United States or nny place subject to their jurs-
States OF tho Union, it follows rs the inevitable
consequence that in soIno OF tho States slavery
yet exists 1t does not exist in these seven Statca
Tor they have abolished IL also in their own State
Const tutio,is; hit Kentucky not having tlouo au
il would still romuin in that State. but, in truth,
# this assumption that these States havc no legal
State Goyelnmenta bo truo, then tho abolition Of
slavery by these illegal governments binds no
one, for Congress now douics to these States the
eas ssa 81 sns sons to aem Tho
frame constitution for any purpose, oven for
such purpose rs tho abolition of slavery.
AS to tho other constitutional amendment having
have not accepted it. Tho consequence is that il
Inns mover been proclaimed or underatood ovon by
Congress, to DO part Of the Constitution OF tho
United States. Tho Scnnto Of tho United Statos
has repeatedly giyon it's sanction to- tho appoint
mcnt or Judges, district attorneys and n,arshala
Tor every ono OF hcso States and yet il they nro
not legal States not of these judges is author.
izcd to hold court. So, too, both Houscs of Con-
these judges, attorneys and officers OF the United
States for exercising thoir functions in tbcso
States. Again., in the machinery Of. the internal
as ''Tcrritorics' but as States"
So much for continuous legislative recognition
The Instances cited, however, fall saort of all that
might be enumerated.
Executive recognition, ns is we'll known, has
been frequent and mnwavoring. Tho Same may
DO said as to tho Judicial recognition, through tho
Supreme Court Of tho United Sta tcs That aupnsi
tribunal, from first to last in the atlministraton
OF it's duties IN tano md upon the circuit, has
mover failed to recognize theso ten communities as
in that court upon appeal and writ OF error from
these States, w.icn tho rebellion began hnyo not
been dismissed upon any idea Of tho cessation Of
term TO term until tho rebellion entirely nnb-
ducd and peace rc-cstabshed, and they wero call
cd for argument and consideration rs If no insur-
since the rebellion, have como from these Statos
beiors That court by writ of error and appeal, and
aucl a suit. Thoso cases Ere entertained by Il thSt
tribunal in tho oXorcse OF its ack, owlcdged uris,
dic!ion, which could not attach to them il they
State OF tho Union. Finally, in tic allotment Of
their circuits, made by the Judges ut tho Dccem-
ber term 1865 oyery one Of these States is put on
States of tho Union. Virginia and North Caro-.
limo, being part Of tho Fourth Circuit, nro ailot-
GGOrpia
Alabama, Maaissippi and Florida, constituted The
Fifth Circuit, and was allotted 10 tho lnte Mr.
Justiso Wayne. Louisiana ArAansas md Texas,
are allotted to the Sixth Judicial Circuit, ns to
WHICH there is q vacancy on tho bench.
The Chief Justice, in tho exercise Of his circuit
duties, has recently held q circuit Court in tho
state Of this Union, tho Chief Justice had no
authority to hold court there, and every ordor,
Judgment and decree rendered By him in that court
were cora'n non JUDGE and void.
Another rrOunl m xyE,icI, fboun ro,o,>,1,r,l;o,,
nets arc attempted to bo sustained il tlls: That
thcsc yen states are conquered territory that the
States towards the Federal Goyornment prior to
tho rebellion has given place to new relation;
that thls territory is conquered country, nnd
power.
tltlo by conquest stands on clear ground. II
territory, for goods or inoScabc things regularly
captured in war aro called "booty," or If tukon by
individual sO!lliors .'plunler."
There is not n foot OF land in any ono of these
ten States which tho United States holds hy con-
guest, sayo only such land MS did not bolopg to
o'ther or those states or to any individual owner.
tended Government called tho Confederate States.
These lands VIC may claim to hold by conquest. As
to 20 State or TO individuals the Federal Goysrnoo
ment has now no more titlo or right to it thnn il
had beOTe the rebellion, Over our forts, nrsenas,
navy yards, custom houses md other Federal prop.
erto situnte in these States wo now hold not by
the tit OF conquest but by our old ttle acquired
by purchase or condemnation for public uso with
compensation TO former owners, Wa have not
Gonqu6let th1se places hut hayo simply "roDos.
Aesscd thom II wo require moro sites for forts.
custom houses or other public uso, we must nc,
auire tho titlo to them by purchase or appropria-
ton in tho regular mode. At this moment tho
United States in tho acquisition OF sitea fur ma
honnl cemotories in those Statos acquires itlo In
tho same way. Tho Fcdernl courts cit in court
iousos owned or loascd by tho United Ssatos not
in in tho court houses OF tho States. Tho United
States pays zach OF these States for tho uso OF is
jais. Finally tho United Statos Iovics ,ts direct
taxes and ITS internal r6yenue upon the proporty
In thosa States, Including tho productions OF the
lands within their territorial limts-not by way OF
levy and contribution in tho character OF a con.
qucrcr, but in the regular way OF taxation under
the same laws which apply to all tho other states
From iifst to last, during tho rebellion and
since, tho title OF each Of these States to the lands
and public buildings owned by them hns mover
been dlstI bed, and not foot VI it Inns over beon
acquired by tho United States even under a title
by Gonfscatiou, md not foot OF il has ever be.n
taxed under Federal law.
In conclusion must respectfully ask tho atten.
ton Of Congress to the confederation OF one moro
question arising under this bill. Il vests In tho
mihtary commander, subject only 10 tho approval
an unlimited power to romoye from ofico any civil
or military officer in oach Of theeo ton States and
tho further power, subject to tho samo approval,
TO dethfl or appoint any military offlcer or boIdior
OF tho United States TO perform dutios Of tho
officer so removed. and to fill oil tho vacancies oc-
ossloncd in those States by doath resignation or
otherwise.