Year: 1867

which he is detailed. it is clear, however,
that lie does not lose his position in the
,,,iiitarv service. He is still au otli Ger or
soldier Of the army he is still subject to
the rules and regulations which govern
It and must yield due Difference, respect,
end obedience, towards his sUperiors.


The clear intent Of this section is that
the officer or soldier detailed to fill civil
Office must execute his duties according to
the laws of the State. If he is appointed
governor Of State, he is to execute the
duties as provided by the laws Of that
State, and for The time being his military
character is to be suspended in his new
civil capacity. if he is appointed a State
treasurer, he must at once assume the Gus
tody and disbursement of the funds OF the
State, and must perform those duties pre-
ciscly according to the laws of the State,
for he is entrusted with no other official
duty or other official power. Holding the
Office Of treasurer, and entrusted withiunds,
il happens that he is required by the State
laws to enter into bond with security and
to take an oath of Office; yet from the be-
ginning OF the bill to the end there is no
provision for any bond or oath of office, or
for any single qualification required under
the State law, such as residence, citizen
ship, or anything else. The only oath is
that provided for in the ninth section, by
the terms Of which every one detailed is
"to take and to subscribe the oath Of Office
prescribed by law for officers Of the United
States" Thus an officer of the army OF
the United States detailed to fill a civil Of
fee in one of those States gives no official
bond and takes no official oath for the per-
tnrmance of his new duties, as civil Off
Ger of the State only takes the same oath
which he had already taken as military
officer of the United States. He is, at
least, military officer performing civil
duties, and The authority under which he
acts is Federal authority only; and the IN
evtablc result is, that the Federal Govern
ment, by the agency Of its own sworn oil-
GERS, III effect assumes the civil govern
mcnt of the State.


A singular contradiction is apparent
here. Congress declares these local State
governments to be illegal governments,
and then provides that these illegal gov
crnmcnts shall be carried on by Federal
officers, who arc TO perform the very du-
ties imposed on its own officers by the
illegal State authority. 1t certainly wonid
be q novel spectacle if Congress should
ATTEMPT to carry on legal State govern
ment by the agency OF It's own officers.
II is vet more strange that Congress at
tcmpts to sustain and carry on an illegal
State government by the same Federal
agency.


In this conncction l must call attention
to the 10th and llth sections of the bill,
which provide that none Of the officers or
appointees of these military commanders
"shall be bound in his action by any
opinion OF any civil officer Of the United
States" and that all the provisions Of the
act "shall be construed liberally TO the
end that ali the iutcntS thereof may be
fully and perfectly carried OUT


1t seems Congress, suppoSing that this


bill might require construction, and they


fix, therefore, the rule to beapplied. But


where is tho construction to come from
Certainly no one can be more III want ol
instruction than a soldier or an officer OF
the army detailed for q civil service, per-
baDs the most important in State, with
the duties of which he is altogether unfa-
miiiar. This bill says he shall not
be bound in his action by the opinion
Of any civil officer Of the United States.
The duties Of the Office are altogether
civil. hut when he asks for All opinion he
can only ask the opinion Of another mill
tarv officer, who, perhaps, understands as
little of his duties as he does himself: and
as 10 his action" lie is anSwerable to the
military authority, and to the military
alone. Strictly, no opinion OF any
civil officer other than Judge has bind
ing force.


But these military appointeeS would not
be bound even by Judicial opinion. They
might very we'll say, even when their &C
ton is in conflict with the Supreme Court
of the United States, "That court is COM
posed of civil officers ofthe United States,
and we are not bound to conform our ac-
tion 10 any opinion of any such authority"


This bill and the acts to which 1t IS
supplementary are all founded upon the
assumption that the ten communities are
not States, and that the existing govern
mcnts are not legal. Throughout the
legislation upon this subject they are
called "rebcl Statcs," and in this particu-
lar bill they are denominated so-caled
States" and the vice Of Illegally is de-
clared to pervade all OF them. The obli-
cations of consistency bind the legislative
body as we'll as the individuals who compose
il. It is now too late to say that these ten
political communities are not States Of
this Union. Declarations to the contrary
made in these three acts are contradicted
again and again by the repeated acts of
legislation enacted by Congress from the
gear 1861 to the year 1867.


During that period, whilst these States
were engaged in rebellion, and after that
rebellion was brought to close, they have
been again and 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 districted. The last act on
this subject was passed July Esd, 1866, by
which every one Of these ten States was
arranged into districts 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 States. AS States they have
ratified one amendment, which required
the vote OF twenty-seven States Q! the
thirty-six then composingthe Union. When
the requisite twenty seven votes were
piycn in favor of that amcndment-seVen
Of which votes were given by seven of these
ten States-it was proclaimed to be part
of the Constitution Of the United States,
and slavery was declared no longer TO eSlSt
in the United States or any place suh)ect


II ,ync
to their jurisdiction. If these seven ola.es
were not legal States Of the Union IL ioi-
lows as the inevitable consequence that IN
some of the States slavery yet exists. IL
does not exist in these seven States, tor
thew have abolished it, also, in thor own