New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1867-07-20

given in favor Of that amendment-scycn Of which votes
claimed to be part OF the Constitution Of the United
states and Slavery declared longer to exist wtm
II these seven states were not legal States OF the uon
II follows as an inevitable consequence that in some Oh
states for they have abolished il also IN their
so, II would still remain I'm that state But IN truth
this assumption these States have no legal state
gOyernmentsbe true, then the abolition OF slavery ny
these mega governments Dlhds no ohe 1 1w
denies 10 these States the power 10 Abolish slavery Dy
denying % them the power TO elect legal State Lega
ture 10 frame constitution for purpose even for
such purpose as the abolition Of Slavery. As to the
other constitutional amendment, having reference 10
suffrage il happens that these States have not accepted
H. Tie consequence IL that il has been proclaimed
or f'f the 0 United States The senate
OF the United States has repeatedly gwen It's
and marsbas for every Of these states and YET, II
they not legal states not of the Judges y author
lied 10 hold SO. too both Houses Of Congress
and pcr Of The United States for exercising
their functions in these states Again, in the machinery
of the Internal Revenue laws, all these states arr "
scrbed not as Territories, but as states 60 lnn'ii iVr
continuous legislative recognition The instances clle,,
however ian far short of all that might be enumerated
Executive recognition as II Wen knoWn nag Deen ITg
dcial recognition through the supreme Court Oh we
United States That august tribunal rom nrst 10 iast
administration OF its duties IN bdco, ana upon me
circuit has failed TO recognize these ten eonn
ties as legal States Of the Union The depending
in that court upon appeal and writ OF error from these
when the Rebellion began. have not Deeh dslStu
on any idea OF cessation Of Jurisdiction. They care
fully continued from term 10 term until the Rebellion was
entirely subducd and peace established, aud then they
were called for argument and consideration as # no IN
surrecton had ntervened. New occurring since
the Rebellion have come from these states before that
10y writ Of error ard appeal and even ny original
,ut These cases are entertained by that tribunal IN tie
cxccisr Of Acknowledged jurisdiction, which could not
other than state of the Union. Finally, in the allotment
Of their circuits, made ny me Judtss AT tne
December term 1895, every one az those states
Is put On the footing of legality with al
the other States Of the Union, Virginia and
North Carolina. being a part OF the Fourth Circuit, are
allotted the ChefJustce. South Carolina, Georgia,
Florida Alabama and MissiP cShst, nst nv wane
Circuit, aud were allotted To- the late Mr. Jnstce Wrn
Louisiana. Arkansas, and Texas are allotted 10 tue sn
Judicial Circuit. 10 which there is a vacancy on inc
bench. The ChictJuslice ~ the exercise Oh ms tcs
duties, has recently held circuit court III m otS'G "
Union, the ChefJusce had no authority TO hou court
there, and every order dgncn and decree TeneIeuo
him that court oD,0H nan Jttdcc ANA NOid. An
other ground on which these recon non ao,s ~ a.
attempted 10 be sustained j. this That these zen STATES
In which they stood a. states ard the Federal Govern
meut prior 10 the Rebellion ha. SVEN place 10 new Ie
and their citizens u conquered people, ana
that ia this new relation Congress can govern them by
llrlund ~ II new title acquired by IL applies
only territory or Tor goods or movable things regularly
ydual soldiers. "punder" There IS not a FOOT OF
laud any Of these ten States which the mme yea
belong either Us tbese states or to any LndNiana
Government called the Confederate states THESE lanes
may claim TO hold by conquest; AZ Ia an others iius
or territory. whether belonging 10 the states OF lhd
,duas the Federal Government has now no more title
ar j5t Ia n ,ban N had before the Rebellion. our
forts ar-rnals navy yards. cusomLou,es. and other
not ~ the iiiIe oi CoItle''' Dn' nSe,1n m
Tor public use with comp uSitou Ia former owners. We
b., ouQuerrd te~' places, bat SIMPLY Iepoh
fhrw n we rouir norc sites FOR FORKS custom houses,
AND other puhlf u-es We acquire The title 10 them
by purchase appropriation IN the regular moue' Al
TINS NONE ut The United states, u tie acquisition O sizes
i1 national cemrierirsm those states acquires title III
The same way. The Federal courts at IN court houses
owned or leased 10y the United state. not IN the
con
pays each States Tor the Of Us uls fualy
Inc United lcyi,s it, direct taxes and It's internal
upon the properly m these sacs, including thc
productions ~ The lands within their territorial hnlts
not by way Of levy and contribution ~ thc cnaclt W
"a cOuquoror hut M the regular way 81 tlNAtlob undtt
the laws which applied 10 AL ne other s'ate7 OF lne
Union. from irrt 10 as during the heflon AZ" ''H''
the title Of each OF these state. 10 INC l'hu, anu
public buildings owned ny mem mas nJsob
been disturbed, and not 100" i u mas Yer p'en
by he United states. under title OF CONTRIBUTIONS
In conclusion. mus, rc,ptclinly ASK me
OF Congress Ia The consideration ~ one more question
arising under this bill. Invests IA the Military C1miu
dcrs subject only 10 inc approval. ., w. -, ." ~ o
Amy Of the United States an unlimited power 10 remove
from Office any cyil military officer IN each OF these zen
states. and the further power, hu'.Ht 10 ~ sao
approval. 70 detail or appoint any hlaiy o,CS' p pa
ohccr 50 removed ana l" M ~ 1911 ~ I,
those states 10y death, resignation, or ohcrwse Inc
a civil office according the laws OF the state aud ns
such, required 10 take an oath, ~ h ior VII,
time brlng. civil officer. What is Ms character
H. he a civil officer of the State, or a civil officer
OF the United sstesi Hbc clvll officer OF e stare
i
which authorizes his appointment by any Federal officer
H. however lac II Ia b, considered nNl onccr Oh te
to Indicate i. tie authority for his appointment
vested by the constitutional The power 81 appointment
of All officers of the United States civil on military, where
not prov dcd for in the Constuton' y Ncstcu IN !hc
President by aud with the advice ana consent Oh ,he
Senate with this exception that Congress may ny law
vest the appointment oi such inferior officers as ,hey
think proper the President alone IN the courts OF aw
be considered inferior officers, WITHIN me meaning OF
the Constitution. does not provide Tor thcr nlr
courts Of law or by the heads of the depart
Iuents, but vests The appointment IN one snOoaITTe
executive officer. that II We put this question anu IN
the character OF the military appohtes chcr way ts
roNs0n of the bill - equally opposed 10 'lo itd W
lion Take the OF u soldier or officer appointed 10
perform the Office of Judge IN one OF these states MY Us
such 10 administer the proper avs Oh lhe ota,o'
Is the authority be found III the Constitution TOT vest
ing in military executive officer strict Judlcal ,uuc
tons 10 De exercised under th 9tale law IL s b
United States that Acts Of Congress when nave az
tempted to vest executive powers IN me Juucia Soui
ar npes of th nlted states warranted by the
| Constitution. III Congress cannot clOlhe JWsv WIN
merely execye duties how can they cothe AN oicer OF
soldier Of The army with Judicial duties over citizens OF
the United states wlb not IN the military OF haNa
servicei So TOO it has been repeatedly decided mat
Congress cannot require officer executive or judi
ca TO perform any duty epOned upon hun by law OF the
United States Now. then Congress CONFER pOWefu
an executive ocer of United states TO perform such
duties staei II Congress could not vest III JuaEe
OF of these States any Judela authoii.y un
United States 10y direct enactment now can II
the thing indirectly 10y removing tne S' h 1ncs9
putting officer OF the United states IN ms Pnct'
To me these considerations are conclusive OF te
OF this part OF the Dill now before me, hu
earnestly commend their consideration TO the dehDerae
Judgment of Congress Within period less man year
The legislation of Congress has attempted 10 sp 'S 1n
ecutive department OF the Government OF some Oh ls
essential powers The Constitution ana the Oath
i'm H. deyolve upon the President the power ana duty 10
see that the laws are faithfully executed Inc tOhsuu
ton In order ont this power gives MN c coo
~ The agents and makes them subject To his control ana
speryson; hut in the execution OF these laws INC con
stuona obligation upon the Pteslu,hl RENAME NV
tbe power Ia Kercse that constitutional dty IL ehccu
ally taken away The military commander H. as 10 10
the mower of appointment made 10 take lhe plaeee
81 nc PRESIDENT aud the General Of the Army lhc
Mace OF the senate any attempt ON the part OF inc
President 10 assert his own constitutional poWt,s
under prctence Of law be met by Official insuDo ~