Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1867-08-01

year 1857 During that period, whilst
these States were in actual rebellion,
and after that rebellion was brought
to close, they have been again and
again recognized as States of the
Union. Representation has been ap
portioncd to them as States They
have been divided into judicial dis
tricts for the holding of district and
circuit courts of the United States, ms
States Of the Union only can be dis.
tricted. The last act on this subject
was passed July %, 1866, by which
every one of these ten States was
arranged into districts and circuits
they have been called upon by Con.
gress TO act through their Legislatures
upon at least two amendments to the
Constitution of the United States; as
States they have ratified one amend.
ment, which required the vote OF
twenty-seven States of the thirty-six
then composing the Union when the
requisite twenty-seven votes were Civ
en- in favor of that amendment, seven
of which votes were given by seven
Of these ten States, il was proclaimed
to be a part of the Constitution Of the
United States, and slavery was de.
clared no longer to exist within the
United States or any place subject to
their jurisdiction. II these seven
States were not legal States of the
Union, it follows, as an inevitable con.
sequence, that in some of the States
slavery yet exists. 1t does not exist
in these seven States, for thoy have
abolished it also in their own State
Constitutions; but Kentucky, not hav-
ing done so, would still remain in that
state. But, in truth, if this assump-
tion that these States have no legal
State governments be true, then the
abolition of slavery by these illegal
governments binds no one; for Con-
gress now denies to these States the
power to abolish slavery by denying
to them the power TO elect a legal
State Legislature, or to frame a con
stitution for any purpose, even for
such purpose as the abolition OF
slavery.
As to the other constitutional amend
ment, having reference to suffrage, it
happens that these States have not ac-
cepted it. The consequence is that it
has never been proclaimed or under
stood even by Congress to be a part Of
the Constitution of the United States
The Senate OF the United States has
repeatedly given its sanction to the
appointment Of judges, district attor-
noys, and marshals, for every one OF
these States, and yet if they are not
legal States not one of these Judges is
authorized to hold a court. So, too,
both houses of Congress have passed
appropriation bills TO pay all these
judges, attorneys, and officers of the
United States for exercising their func.
tions in these States. Again, in the
machinery of the internal revenue
laws all these States are districted, 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 judicial
recognition through the Supreme
Court of the United States. That au-
gust tribunal, from first to last, in the
administration of its duties, in banc
and upon the circuit, has never failed
to recognize these ten communities as
legal States of the Union The cases
depending in that court upon appeal
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 torn
until the rebellion was entirely subdu-
ed and peace re-established, and then
they were called for argument and
consideration, as il noinsurrection had
intervened. New cases occurring
since the rebellion have come from
these States before that court by writ
Of error and appeal, and even by ori-
ginal suit, where only q State can
bring such n suit. These cases are
entertained by that tribunal in the
exercise of its acknowledged iurisdic.
tion, 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 De-
cembor term, 1865, every one OF these
States is put on the same footing Of
legality with all the other States of
the Union. Virginia and North Car
olina, being a part Of the fourth cir
cult, are allotted TO the Chief Justice.
South Carolina, Georgia, Alabama,
Mississippi, and Florida, constituting
the fifth circuit, are allotted TO the
late Mr. Justice Wayne Louisiana,
Arkansas, and Texas are allotted TO
sixth judicial circuit, as to which there
is q vacancy on the bench. The Chief
Justice, in the exercise Of his circuit
duties, has recently held a circuit court
in the State of North Carolina. I'll
North Carolina is not a State of this
Union, the Chief Justice had no au.
thority to hold a court there, and every
order, Judgment and decree rendered |
by him in that court were cordm non
iudice and Uerdi.
Another ground on which these re.
construction acts are attempted to be
is this that these ton States
are conquered territory; that the con-
stitutional relation in which they
stood as States towards the Federal
Government prior to the rebellion has
given place TO new relations; that
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