The New York herald., 1868-03-14


ens IN respectt Mississippi or the other rebel states
yOu must call your attention 10 various documents
by which shall show you that this Congress has re-
c0gnized Mississippi as being In the Union, by many
acfs since the war commenced and down
20 the very day when the reconstruction act vas
no documents to be referred TO for that. That the
executive department has recognized Mississippi as
z beng STATE IN the Union you know. We have had
the Executive, to that effect. E
What has Congress donef Let as see. The eonsti-
ber that Representatives and direct txes shall be
epportioned among the several States which may be
taxes except among the States OF the Union. What
was "a among s the very nrst acts OF Congress
Congress passed this act:-sThat direct tax OF
$4,000 GOO be and Is hereby annually laid upon
and s hereby apportioned TO the States respectively,
In manner folowing:-To the State Of Mississippi,
January prssedns s Is not saas deeass re-
ton OF Congress that Mississippi was OF the States
q this Union at that time six months after the act
Of secession, and during nagrant war? These acts
have been regularly continued from year to year down
70 1866 as show by references In the appendix to my
BRIEF Down to 1866 Congress has regularly provided
Tor the apportionment OF these taxes among the
States which are included In this Union Mississippi
the act OF July 49, 1862 the rebel States are ali d.
vtded into districts for the different Circuit Courts.
mat could not be unless they were States. And
on the "a OF March, 1867 chapter 185, an
oct was passed In respect to the appeals from
rebel States. That could not be unless they were
lands show the same recognition; there are several
Of them. The non-ntercourse acts, political acts,
relating to the electoral colleges Let me read that
@ show how completely Congress kept n view the
vaen they passed this act:- +, t -f
Whereas the Inhabitants and local authorities Of the States
sos osrqns South F0T1aa
ssee rebeed against the Of the United States
no % % ss fss q
g y:
@ s the States ate ss
a p % ne a: ss % e.
commencing the 9TH Of March, 1885,
T ss choice Of President and Vice President for ''d term
Take the constitutional amendments passed by
slavery. Congress passed that by the requisite ma
orty and ordered that should be sent to the Legis
from the consideration Of that proposition Of amend
ment They were sent to every State in the Union,
n regard to Its adoption, made as early as Decem-
Her 1865, in respect to which no dissent has ever
been expressed by either House OF Congress-
che following words, namely (Recng the constitutional
And whereas the Whole humber Of States the United
q the Whole
now, thsSeioss: g Known TIA. William H; Seward
second section Congress
hsaion laws q the uni,ed States and for otse
poses do hereby certify that the amendment aforesaid has
the
Among the States are Louisiana and South Caro-
hna and without the vote Of those rebel States that
amendment has never been adopted, unless you ex-
cude the eleven States from the Union and say q
me take the decision Of the Chief Justice in North
Carolina. ! am not able to say, from the report Of
the case whether one OF the parties was designated
Z The Chief Justice-They were.
Mr. Field, resuming:-Tell me, then, II that be q
legal Judgment or notf Here the Chief Justice
made memorable decision which satisfied the legal
mind OF the country where, this argument is true,
ne had no more jurisdiction than I. There was no
citizen OF North Carolina because there was no State
North IN, Carolina and the % was y9a But
ment In this Union during the war; Are the acts
upon the statute book bndinga Is It not familiar
comes good for nothing Il one member is added to
All this war; up the time when the act
was in consideration, there were two Senators in
virginia. But Virginia is declared now not to be a
State In this Union, and Of course never has been
since the war began since she seeded. II you
have had two members In the Senate OF the United
States all the time who had no right to be there
that been consderedS BY what R sort or eserdeman
ASK is that Virginia. which had seats in Congress
to 1865, Is declared not TO be entlte0 10
representations 1t had four members in the Lower
House during nearly the whole war; this State OF Vir
gtnia, which is now understood not to be state In
the Union. Where under the constitution fs there
power to give any man vote unless he be from
Statef Congress is receding and going back upon
It's own footseps arguing for constitutional,
regular governments They are the revolutionists;
they are those who are endeavoring to destroy the
national life. Tennessee is another State There
was one Senator at least who stood his ground,
sfathfu among the faithess," and he remained in
the Senate, ! think, two years, TIL isSs-yes two
What right had he TO be in the Senate If Tennessee
was not State In this Unon9 VIII you tell me-
Were any laws passed with his concurrence and by
che help OF his voter Let us go into the House OF
Representatives. and we find Tennessee had two
being there during the whole war. And yet, II you
WIN look at this most remarkable Joint resolution OF
nessee % has been % out Of the Union ali the time:~
s: Ss &:
ad state Of act q Congress here declared
whereas said STATE government only be to s
q M SOs q
people o. :ss State d on the ss day Of februsy 1855 By
and laws ascesso and debts CONTRACTED under the
osa sss .1S
ssss1, es
ninth and has done other acts procamng and de-
senate and House +, 9, Regr.:=s...s,s. sentative
That the State Of hereby 70 her former
10 be represented By Senators and Representatives
grees.
Was there ever such q document as that since the
world kegun9 Whereas the State OF Tennessee has
ratified the constitutional amendment, therefore she
may be restored, forgetting that If she was not
State, with legal State government, the ratification
was just so much waste paper Let us go TO Louis
have had from Louisiana In the House, Flanders
and Hahn from March. 1862 to March, 1855. What viii
eur friends say to thatf now ask your attention to
the action OF the legislative and executive depart
mems OF the government in respect to the question
of existing war or peace. You remember that the
argument OF my learned friend was that we are now
In state OF war; that we have a right to exercise
che rights OF war; and that exercising the rights OF
war, we can govern the State Of Mississippi as we
will. will now call your attention to acts OF Con-
gress and resolutions TO show that they have recog
nized war as ended and peace restored throughout
the United States Here Is an act OF March 2, 1867,
passed the same day this Reconstruction act was
passed, to increase the pay OF ncomissioned OH
GERS and soldiers as foows:-