The Bedford gazette. [volume] (Bedford, Pa.) 1805-current, 1867-08-03
VOL. 61--WHOLE No. !. .5,4O3.

olina, Georgia, Alabama, Mississippi
and Florida constituted the fifth cir
cult, and were allotted to the late Mr..
Justice Wayne. Louisiana, Arkansas
and Texas, e allotted to the sixth
judicial circuit, as to which there is a
vacancy on the bench. ''''- .''''.'
The Chief Justice in the exercise of
his circuit duties, has recently held a.
Circuit Caurt in the State of North
Carolina. If North Carolina is not
State of this Union, the Chief Justice
had no authority to hold a court there,
and every order, Judgment and decree
rendered by him in that court was
coaln non j,tdice, and void. j.. .l
Another ground on which these re-
construction acts are attempted to be
sustained is this: That these ten
States are conquered territory ; that the
4 constitutionalrelatio in which they
stood as States toward the fedora gov
ernment prior to the rebellion, has Civ
en- place to a new relation; that this
territory 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
grounds. 1t is new title acquired by
war. 1t applies only to territory; for
goods or movable things regularly
captured in war are called "boOty," OF
if taken by individual soldiers, ''plun-
der" "...i.-. ....s .i.I....5..Ii ts.i.
There isnot a foot of land in any one of
: these ten States which the United States
holds by conquest, save only such land
as did belong to either Of these States
or to any individual owner. / mean
such lands as did belong to the pretend
ed government called the Confederate
States. These lands we may claim to
F hold by conquest. AS to all other land
or territory, whether belonging to
States or individuals, the federal gov
ernment has now no more title nor right
to it than it had before the rebellion.
, Our forts, arsenals, navy-yards, GUS
. tom houses and other federal prop
erty situated in these States, we now
f hold, not by title of conquest, but by
our old title, acquired by purchase OF
condemnation for public use with com
: pensation to former owner. We have
+ not conquered these places, but have
' simply ''repossessed" them. live re,
= quire more sites for forts, custom hous-
4 es or other public use, we must acquire
5 the title to them by purchase or appro'
priation in the regular mode,
n At this moment the United States, IL
: the acquisition of sites for nationa
cemeteries in these States, acquire'
# title in the same way. The fedora
, courts sit ia court houses owned or LEASED
5. by the United States, not in the cour
r house of the State. The United States
V pays each of these States for the use o
J. its ,jails.' Finally, the United State;
if leviesiits direct taxes and its interna
,e revenue upon the property, in these
2. States, including the productions Of th'
~ lands within their territorial limits
,r not by way of levy and contribution il
,e the character of a conqueror, but in tn
% regular way of taxation, under tn
Al same laws which apply to all othe
j. States of the Union. s,i.:... Isle.
II From first to last, during the rebel
lion and since, the title Of each of thes
l. States to the lands and public building
it / owned by them has never been dis
o. turbed, and notia foot of it has eve
it been acquired by the United State
r even under title by confscation, an
rt not foot of it has ever been taxed ur
:. der federal law.
f. In conclusion mustrespectfully as
+ the attention of Congress to the consio
ri Grafton of one more question arlsln
.s under this bill. 1t vests in the militar.
,s commander subject only to the al
FOL proval of the General of the army
o,f the United States, an unlimited pow
N err to remove from Office any civil
g military officer. in each of these te
~ States, and the further power, subjet
90 to the same approval, to detail or al
of point any military officer or soldier
90 the United States to perform the dutie
- OF the officers SO removed, and to fill a
=. vacancies occasioned in those State
70 by. death, resignation or otherwise.
w. The military appointee thus require
be to perform the duties Ofacivil office a
cording to the laws of the State, and
I'll such required to take an oath, is, ft
" the titne belng,ia civil officer! What
to his character? Is he civil officer I
u the State OF civil officer of the Unite
- States? If he is a civil officer OF tt
:. State, where is the federal power, Ill
o." der our Constitution, which authoriz'
his appointment by any federal officer
however, he is tobe considered a civ
- Il the United States, as his. a.
ol,e.. and oath wou Id seem to i
p1,at'iiv' p;"atai ,nho,o Is the authority for h
, aicaVe' "hefe >sted by the constit1
appointment, tn1 % ve,.,' : appointment of a
, officers of the United 7'a'oI' go o' fnr
! military, where not pro tho pro.
the constitution, is vested IN ID 90,