The Bedford gazette. [volume] (Bedford, Pa.) 1805-current, 1867-08-03

OplulOH VI any civil OIllCSlt OuuCi eiihn
Judge, has a binding force. But these
militaryappointees would not be bound
even by a Judicial opinion. They
might very we'll say, even when their
action is in conflict with the Supreme
Court of the United States, ''that Court
is composed of civil officers of the Uni
ted States, and we are not bound to con-
form our action to any opinion Of any
such authority '''' 7'''"''' .7'''' ..,
Declarations to the contrary, made
in these. three acts, are contradicted "a
gain and again by the repeated acts OF
legislation enacted by Congress from
the year 1861 to the year 1867. During
that period whilst those States were
in active rebellion, and after that rebel
lion was brought to close, they have
been again an again recognized as
States of the Union. Representation
has been apportioned to them as States.
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 be dis
| tributed. ...,t ...,. '.'
This bill and acts to which it is sup
Elementary are all founded upon the
assumption that the ten communities
are not States, and that their existing
governments are not legal. Through
out the legislation upon this subject
they are called "rebel States," and the
vice of illegality is declared to per-
wade all of them. The obligations of
consistency bind the legislative body
as we'll as theindividualS who compose
it. It is now too late to say that these
ten oliticalcommunities are not States
of this Union. ..... .a......... "t
The last act on this subject was passed
July %, 1866, by which every one OF
these ten States was arranged into dis
tricts and circuits. They have been
called upon by Congress to act through
their Legislatures upon at least two
amendments to the constitution of the
United otates. AS States they have
ratified one amendment, which requir-
ed the vote of twenty-seven States of
} the thirty-six then composing the U,
, MON. ..-''''' '".' '.'' '''H-. l.'i'
When the requisite etwenty-seven votes
were given in favor of that amendment
seven of which votes were given bJ
r seven of these ten States-it was pro
r claimed to be a part of the constitution
: of the United States, and slavery wa
e declared no longer to exist in the U
g nited States or any place subject t.
S theirjurisdiction. If these seven State
e were notlegal States ofthe Union, it fol
) | lows as the inevitable consequence tha
b in some of the States slavery yet exists
! 1t dose not exist in these seven States
+ for they have abolished it also in thel
s own State constitutions /; but Kentuck.
0 not having done so, it would still re
O main in that State. But, in truth,
J., this assumption that these States hav
S no legal State governments be true
If then the abolition of slavery by thes
= illegal governments binds no one, TO
$ Congress now denies to these States tn
! power to abolish slavery by denyin
n to them the power to elect a 'legs
h State Legislature, or to frame const
% tuition for any purpose, even for sue
d purpose as the abolition of slavery.
ID AS to the other constitutional amenC
ment having reference to suffrage,
j. happens that these States have not al
,e cepted it. The consequence is that 3.
al has never been proclaimed. or unde
le stood, even by Congress, to be Pal
il of the constitution of the United State
le The Senate of the U. States has repea
n edly given its sanction to the appoin
d ment Of judges, district attorneys, an
marshals for every one of these Stale
! eLd yet. if they are not legal State
l.. t one of these judges is authorized
~ Nacourt. So, too, both houses
'noiN @ 'ess have passed appropriate
Spnst, 1ay all these judges, attorney
oiiis W - of the United States fC
.aretSisiDg arp SsiJrt their functions in the,
States. 1ga, ., in the an mnIh,nefS aI nf fSe'
the internal rev. 4n6tas ssTerritories,
States are districte, O''' -. III :
but as ''StateS." ,,,ovs Iooielati1
So much Of contin Noes cited, hoy
recognition. The insta. ,ot nioht /
ever, fall far short of wi
enumerated. Ill ...4 .j..1.. .. g. MO
| Executive recognition, as unwa,
known, has been frequent and as.t
ering. The same may be said 8,
I judicial recognition, through the :.
prerne Court of the United States
That august tribunal, from first to las,
in the administration of its duties 40
5anc and upon the circuit, has never
failed to recognize these ten communl-
! ties as legal States of the Union. The
cases depending in that court upon APP
peal and writ of error from these States,
when the rebellion began, have not
been dismissed upon any idea OF, the
cessation Of Jurisdiction. They were
carefully continued from term to term
4 until the rebellion wasentirely subdued
and peace. re-established and they were
called for argument and consideration
as if no insurrection had interviewed.
4 New cases, occurring sincethe rebellion