The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1867-07-25
nlegaity is declared to pervade all Of

latiVe body as well as the individuals VINO |
compose it, 1t is now too late to say that |
these communities are not States. The dee |
| larations to the contrary made in these three
acts are contradicted again and again by re-
peated acts of legislation by Congress from
| the year 1861 to the year 1867. During that
period, while the States were in actual REBEL
/ ion, and after that rebellion was brought TO
close, they have again and again been recog-
/ niZed as States of the Union; representatives,
| have been apportioned to them; they have been
divided into judicial districts for the holding
| of District and Circuit Courts OF the Uniteu
; States, as States of the Union only can be dis
1 tricted. The last act on this subject was pass
ed July 22d, 1866, by which every one OF the ten
Estates are arranged into districts, ana nave
1 been called on by Congress to act through
i their Legislatures upon at least two amend
ments to the Constitution ofthe United States
as States. They have ratified an amendment
1 which required the vote oftwenty-s states
\ of the thirty.six composing the Union When
the requisite twenty-seven votes were gwen
. in favor of that amendment, seven OIL whlcn
l votes were given by seven OF these states, IL
| was proclaimed to be part ofthe Constltutlon
of the United States, and slavery was oeclareu
no longer to exist within the United states VI
any place subject to their jurisdiction. II
these seven States were not legal States OF the
Union it follows, as an inevitable consequence
that in some of the States slavery yet exists
1t does not exist in these seven States, lot
they have abolished 1t also IN their own oIate
Il so IL could still remain in that State. But,
} in truth. if this assumption that these states
have no legal State Governments be true, then
! the abolition of slavery by these lllegal GOV
ernments binds no one, for If Congress now de-
, MES to these States the power to abolish sla-
, very by denying them the power to elect le-
cal State LEGISLATURE or frame Constitution
, for any purpose, even for such purpose as
the abolition OF slavery
AS to the constitutional amendment having
10 10 t1ffr these
} States have not acceptedit. The consequence
4 is that it has never been proclaimed Or under
stood even by Congress to be part OF the
i Con stitution of the United States. The Senate
of the United States has repeatedly given It's
4 sanction to the appointment OF Judges and
) District Attorneys for every one OF these
States vet if they are not legal States not one
,, of these Judges is authorized to hold court.
So, too, both Houses of Congress have passed
D appropriation bills to pay all these Judges,
, ATTORNEYS and officers of the United States for
r exercising their functions in these States
$ Again in the machinery of the internal reve-
I nue. laws all these States are described, not as
Z Territories, but as States.
] So much for continuous legislative recogni-
: ton. The instances cited, however, fall short
s of all that might be enumerated. Executive
i recognition as is we'll known has been frequent
and nnwavcring. The same may be said as to
q judicial recognition throughout the supreme
g Court of the United States. That august trl-
8 bunal from first o last in the administration
e of its duties on the bench and upon the circuit
!. has never failed to recognize these ten COM
! munities as legal States of the Union.
The cases in that Court'in an appeal on writ
/ of error from these States when the rebellion
: began having not been dismissed, or any idea
g of cessation OF jurisdiction. They were care
fully continued from term to term until the
!. rebellion was entirely subdued and peace es-
! tablished. They were called Tor argument
8 and consideration as if no instruction had
: interviewed. New cases occurring since the
e rebellion have come from these States before
;, that Court by writ of error and appeal, land ev-
u en- by original suit. These cases are entertain
9 ed by that tribunal in the exercise ofacknowl-
: edged Jurisdiction which could not attach to
q them if they had come from any political body
. other than State of the Union.
Fl Finally, in the allotment of their circuits,
q made by the Judges at the Dece mher term,
J 1865, every one OF these states IS put on the
5 same footing oflegality with other States.
e Virginia and North Carolina, being part OF
Il the Fourth Circuit, are allotted TO the Chief
l. Justice. South Carolina, Georgia, Florida,
&c Alabama and Mississippi constitute the Fifth
" Circuit. and are allotted to the late Justice
&c Wayne. Louisiana, Arkansas and Texas are
l. allotted to the Fourth judicial Circuit, in
l. which there is vacancy on the Bench. The
Il Chief Justice in the exercise OF his duties, re-
e Gently held q Circuit Courtin North Carolina.
IfNorth Carolina is not State of this Union
/ the Chief Justice had no authority to hold
l. court there, and every Judgment and decree
o delivered by him in that court was cOrdm non
e JUDGE and void.
IS Another ground on which these ReconstJuc-
ton acts are attempted to be sustained is this
n That these ten States are conquered territory;
J. that the constitutional relation in which they
'r stood as towards the Federal Government pri-
= or to the rebellion has given place to new re-
l. lation that is the territory is conquered ter
e ritory and their citizens conquered people,
/ and in this new relation Congress can govern
a them by military power. A title by Congress
a stands on clear ground. 1t is new title &C
a quired by war and applies orly to territory, ol
Is Is to goods or movable things regularly captur
NJ ed in war called "booty,' or, If taken by indi
le vidual soldiers, ''plunder." There is not foot
in these ten States which the United States
~ hold by conquest and only such land as die
+ not belong to these States or any individual
u owner-I mean such lands as did belong tC
p the pretended Government called the Confed-
T. crate States-these lands we may claim tc
20 hold by conquest. As to all other lands OF
30 territory whether belonging to the States OF
ID individuals, the Federal Government has now
l. no more title or right to it than it had before
:, the rebellion. Our own forts, arSenals, navy
y yards, and custom houses and other Fedora
u property situated in these States, we know
u are held, not by the title ofconqueror, but by
n an old title acquired by purchase or condem
% nation for public use, with compensation tt
, former owners. We have not conquered these
e places, but simply repossessed them. Ii we
u require more sites for forts, custom houses, OF
:, other public uses we must acquire the title tc
\ them by purchase or appropriation in regular
r mode. At this moment the United States, in
y the acquisition of sites for national cemeteries
Is in these States, acquires title in the same way
e The Federal courts sit in court houses own.
y ed or leased by the United States, not in
e court houses of these States. The United
l. States pays each of these States for the use OF
i its jails.
: Finally, the United States levies its direct
l. taxes and its internal revenue upon the prop
e erty in these States, including the productions
1 of the lands within their territorial limits not
u by way of contribution in the character of a
conquered province, but in the regular way OF
II taxation, 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 these States to the lands and pub
i lie buildings owned by them has never been
d disturbed, and not foot of it has ever been
}, acquired by the United States, even under a
u title of contiscation, and not a foot has ever
I been taxed under Federal law.
e In conclusion / must respectfully call the
;, attention of Congress to the consideration OF
T one more question arising under this bill 1t
r vests in the Military Commanders, subject on
q ly to the approval of the General of the army
a ofthe United States, an unlimited power to
4 remove from office any civil or military officer
u in each ofthese ten States and further power,
= subject to the approval, to detail appoint
u any military officer or soldier of the United
= States to perform the duties of the officer so
4 removed, and to fill all vacancies occurring in
those States by death, resignation or otherwise.
e The military appointee thus required to per-
q form thesduties of civil office according to
: the laws of the State, and as such required
: to take an oath, is for the time being a civil
officer What is his character? Is he civil
d officer OF the State, or civil officer of the
United States? Where is the Federal power
, under our Constitution which authorizes his
{ appointment by any federal officer of the Uni
ted States as his appointment and oath would
appointment by the Constitution. The pow
: er of appointment of all officers of the United
States, civil or military, where not provided
: IN the Constitution, is vested in the President,
: by and with the advice and consent of the SEN
: ate, with this exception, that Congress, by
law, vests the appointment of such inferior