Year: 1868

ny ana suppre60eo h06ti1tiee, IL acquires no nev
had been Temporarily deprived The nation acquires
none no new sovereignty, but merely maintains its pre-
elusive ana unlimited control over il as conquered
court s. wss as Sid maj es
not brought into the United states % Is to be subecS
o9a sstius dues Sunitea states Va Rice wheat
treaty OF peace but It was never supposed that the
United Unite states acquired new title BY the treaty and
And T. before the end Of the war, the United States
had, by force OF arms driven the British nom CAS-
would have Imagined that could no hnS ons
and govern 1t as conquered territory depriyinr the
whsn in this civil war the United States sSa bss AND
succeeded In putting down this rebellion and restor
original authority and restored itself to conditioc
to exercise its previous sovereign rights under tho
constitution, In civil war the military power =
called in only to maintain the government In the ex-
ercse Of its legitimate civil authority. No success
can extend the power OF any department beyond the
limits prescribed by the organic law. That would be
not to maintain the constitution but to subyert ik
Amy act Of Congress which Wonld annul the rights a
subject the inhabitants to arbitrary power would be
utterly unconstitutional and void the secession
ordinance with which this atrocious rebellion com


Thus, II the court please, have gone over these
four grounds; and close what have to say upon
government itself. What did that government itseH
do as It advancedf take Its own act. Although
rebel @ nag nag was floating within sight Of this Gapits
you received Senators from Virginia In the hall 0f
the Senate, and Representatives from Virginia int
the House OF Representatives, upon the ground that
as you advanced over the country that country i'm
medatey reverted to its old condition. and was en-
represented in Congress This Is the way in whioS
you dealt with the country which you occupied.
bayonet and cannon; but you did hold it, and yoa
received representatives elected by the people within


Now let me pass II the court please, from the CO.
sderatiOn OF these four reasons as they have been
stated in debate, for the assumption by Congress q
the government Of the State OF Mississippi and ask
your attention to the particular reasons given by M
learned friends who have argued on the other side.
But before do that let me turn aside for momens
to answer what suppose was intended to be an az.
Ounaentuns Gd h0rsinena but which think entirely
fails in this place. This is the argument The Pres
civil government in the rebel States, and proceeded
to reOrganize governments The brief OF one OF the
counsel is much occupied with the correspondents
and the provisional governors and the steps taken
to govern the States professionally. The answer
to that argument Is that have nothing to do Win
the action OF the President on that subject and
whether the Executive was right or not and wheshe1
he took constitutional view Of the case or not y
makes no difference to u.s. But . further answer
may be ths-whether the provisional governments
were legally established or not they became de Jacss
governments and were recognized by the people ana
were in possession Of all the attributes 81 sovereign
ments and were going on as regularly as any States
in the Union at the time these Reconstruction acts
were passed. and therefore 1t would not advance tho
argument at all to show that the antecedent provi1
siOnal governments were not warranted by the oQn-
cause It has no place here It is enough for us taas
the governments Of the States were in operation.
We know by the reports of the General OF our army
that order prevailed throughout the South before
these acts Of Reconstruction were passed.


Now II the court please, let me take up the prope-
sitiOns advanced by the counsel on the other etao
There were six Of them:-


Thai Mssspp has y no 70. ss a,e. % '
Union" and has been BY e political


Tsas the decision made binding and conclusive ups.
this court Notwithstanding the judges may think the decoa


g That is the undoubtsd right and duty Of the ynas1
a s loyal os ss n s
United State. now engaged In the performance Of ae


That The grant Of power the United sa.es.o .gu.r


s e sd s. s Se ne
which Be employed to execute the power Congress 3.
S. asss with ss





ss Il s It. % S
sss % aes.s % exercise % any Sssssn rsh. .


The fifth of these propositions is merely supp0seA
conclusion from other propositions, and need not be
have already said about the OF prohibited means
to secure an end however constitutional and deaara-
ps sa1 IS even


frst three and the sixth propositions were all ooa-
ceded these military acts could not b


The third proposition has already been sufficiently
answered. The first two and the sixth alone rema6
to deserve particular attentions and even In respe
To the SIXTH have already shown that belligero1t
rights cannot continue to be exercised unless tho
Of these three propostons-that is the first second
and sixth-may be separated into four divisions


m aoy 70 N he
belion and war without reference to the declaration
Of the legislative and executive departments OF the
government upon the question: In other words, di0
the rebellion or the war; or both, put Mississippi -
o State, out OF the Unionf


2. Is war, in fact and In law still subsisting b.
tween the United States side and the state e.
State government or people OF MISSISSIPPI on the
other sde without reference to the declaration ofthe
legislative and executive departments OF the govern
ment upon the question?


g. What has been the declaration OF the legisa-
questions2


l. What is the legal effect Of such declarations
Misssspp as sae out OF Of the the Tnicns '0
Mississippi was State Of the Union once. When
did sne cease to be suchS Was when zen s9e adoptS9
1861 before shot had been redf that is 10 say did
the act OF renouncing her allegiance alone take her
out Of the Union The day after that ordinance was
passed she State in this Union or was she mott
Suppose the Chief Justice had been sitting In court
at Jacksonville, In the place where II was proper
to hold the court in Mississippi the day after the
cession was declared, and citizen OF Massachusetts
or of Ohio had sued person In Mississippi, as cit
zen OF MISSISSIPPI in the Circuit Court OF the United
States, would the Judge have been obliged -
hold that there was no such person as citizen
Of Mississippi The Jurisdiction Of the Circuit Court
could not be maintained unless one Of the parties ID
| citizen of sister state and the other party .
| citizen of Mississippi. We're the judgments OF Tho
courts In Mississippi no longer Judgments to be re-
cognzed in the other States Of this UniOn2 Were the


judgments Of the other States in the Union longer
to be recognized in the Circuit Court OF Missssppte
do not ask what the people Of Mississippi may have
thought but what this court would have been bound
to do. or course the statement of the proposition
In this form answers It. 1t Is so absurd that nobody
pretends that the act of secession carried the State
| out Of the Union. In fact and In law, Mississippi
was truly State In the Union after secession a.
before.


When did war take the State out OF the Union, II
war took the State out then 1t must be 1t was by
virtue OF some right Of war. have already consid.
cred that, and shown, as / think, that neither By
by right Of beigerents OF conquest any change
made the legal relation OF the State to this Union
or to the other states OF the Union.


But let me take the argument Of my learned friend.