Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1867-07-20

conlls.anoy bind legislative body al
web as tho individuals who compose
II II u now too late to aAy that
these ten communities are not States,
declarations 10 the contrary made in
three acts, are contradicted again and
again by repeated acts Of Legislation by
Congress from the year 1861 TO theyear
1861. During that periodT-whilo tho
States were in actual rebellion, aud
after that rebellion was brought TO a
close, they have again and again been
recognized as States Of the Union.
Representatives have been appointed
from them, and they have been divided
into judicial districts for the holding Of
District and Circuit Courts Of the United
States. As States Of the Union only can
they be districted. The last on this sub
jet was passed July 2sd, 1866, by which
every one Of the ten States was arranged
into districts and circuits. They have
been called on only by, Congress to act
through their Legislatures upon at least
two amendments TO the Constitution Of
the United States. As States they have
ratified one amendment which re-
quired the vote of twenty.seven States
of the SO composing the Union. When the
requisite ~ votes were given in favor Of
that amendment, seven votes of which
were given by seven Of these States, it
was proclaimed to be a part of the Con-
stitution ofthe United States, and slavery
was declared no longer to exist within
the United States or any place subject
to its jurisdiction. If these States were
not loyal States OF the Union, it follows
as an inevitable consequence that in
some Of the States slavery yet existed.
1t does not exist in these seven States,
for they have abolished it in their new
State constitutions, but by not having
done so it could still remain in that
State; but, in truth, if this as
sumption 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 the States the
power to abolish slavery by denying to
them the power to elect legal State
Legislature, or frame constitution for
any purpose, even for such purpose as
the abolition of slavery. AS to the other
Constitutional amendment, having
reference to suffrage, it happens
that these States have not ac-
accepted it. The consequence is It has
never been proclaimed or understood
even by Congress to be a part Of the
Constitution Of the United States. The
Senate Of the United States has repeat
eddy given its sanction to the appointment
of judges and district attorneys for every
one Of these States, yet, il they are not
legal States, not one Of these judges is
to hold a court. Both houses
Of Congress have passed appropriation
bills to pay all these judges, attorneys
and officers of the United States exer-
cising their functions in those States.
Again, in the machinery Of the revenue
laws all these States are described not as
territories, but as States. SO much for
continuous legislative recognition. The
instances cited, however, fall far short Of
all that might be enumerated. Executive
recognition, as is well known, has been
frequent and unwavering. The same
may be said as to the udicialrecognition
throughout by the Supreme Court Of the
United States That august tribunal,
from first to last, in the administration
of its duties in banco and upon the cir
cult, has never failed to recognize
these ten communities as legal
States Of the Union. The case
in that court upon appeal and
writ Of error from these States when the
rebellion began, have not been dismissed
on any cessation of Jurisdiction. They
were carefully continued from time to
time, until the rebellion was entirely
subdued and peace established, and were
called for argument and consideration as
if no instruction had INTERVIEWED. New
cases occurring since the rebellion,
have come from these States before that
court by writ of error and appeal, and
by the original suit. These cases are
entertained by that tribunal in the exer.
else of acknowledged 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 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 other States.
Virginia and North Carolina being a part
of the fourth circuit, are attached to the
Chief Justice South Carolina, Georgia,
Florida, Alabama and Mississippi con-
stitute the fifth circuit, and are attached
to the late Mr.. JusticeWayne. Louisiana,
Arkansas and Texas are allotted to the
sixth judicial circuit, in which there is
vacancy on the bench. The Chief JUS
tice, in the exercise of his duty, has re-
Gently held circuit court in North
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