668 



PUBLIC DOCUMENTS. 



Union. Declarations to the contrary made in these 

 three acts are contradicted again and again by re- 

 peated acts of legislation enacted by Congress from 

 the year 1861 to the year 1867. During that period," 

 while these States were in actual rebellion, and after 

 that rebellion was brought to a close, they have been 

 again and again recognized as States of the Union. 

 Representation has oeen apportioned to them as 

 States. They have been divided into judicial dis- 

 tricts 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 23, 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 of the thirty-six then 

 composing the Union. When the requisite twenty- 

 seven votes were given in favor of that amendment, 

 seven of which votes were given by seven of these 

 ten States, it was proclaimed to be a part of the Con- 

 stitution of the United States, and slavery was de- 

 clared no longer to exist within the United States or 

 any place subject to their jurisdiction. If these seven 

 States were not legal States of the Union, it follows 

 as an inevitable consequence that in some of the 

 States slavery yet exists. It does not exist in these 

 seven States, for they have abolished it also in their 

 State constitutions ; but Kentucky not having done 

 so, it would still remain in that State. But, in truth, 

 if this assumption that these States have no legal 

 State governments be true, then the abolition of 

 slavery by these illegal governments binds no one, 

 for Congress 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 consti- 

 tution for any purpose, even for such a purpose as 

 the abolition of slavery. 



As to the other constitutional amendment, having 

 reference to suffrage, it happens that these States 

 have not accepted it. The consequence is that it 

 has never been proclaimed or understood, 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, dis- 

 trict attorneys, 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, 

 top, both Houses of Congress have passed appropri- 

 ation bills to pay all these judges, attorneys, and offi- 

 cers 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 dis- 

 tricted, 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 august tribunal, from first to last, in the admin- 

 istration of its duties in bane and upon the circuit, 

 has never failed to recognize these ten communities 

 as legal States of the ifnion. The cases depending 

 in that court upon appeal and writ of error from these 

 States when the rebellion began, have not been dis- 

 missed upon any idea of the cessation of jurisdiction. 

 They were carefully continued from term to term 

 until the rebellion was entirely subdued and peace 

 reestablished, and then they were called for argu- 

 ment and consideration as if no insurrection had in- 

 tervened. New cases occurring since the rebellion 

 have come from these States before that court by 

 writ of error and appeal, and even by original suit, 

 where only " a State " can bring such a suit. These 

 cases are entertained by that tribunal in the exercise 



of its acknowledged jurisdiction, 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 December 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 circuit, are allotted 

 to the Chief-Justice. South Carolina, Georgia, Ala- 

 bama, Mississippi, and Florida constitute the fifth 

 circuit, and are allotted to the late Mr. Justice Wayne. 

 Louisiana, Arkansas, and Texas are allotted to the 

 sixth judicial circuit, as to which there is a vacancy 

 on the bench. 



The Chief-Justice, in the exercise of his circuit du- 

 ties, has recently held a circuit court in the State of 

 North Carolina. If North Carolina is not a State of 

 this Union the Chief-Justice had no authority to hold 

 a court there, and every order, judgment, and decree 

 rendered by him in that court was coram non judice 

 and void. 



Another ground on which these reconstruction acts 

 are attempted to be sustained is this : that these ten 

 States are conquered territory; that the constitu- 

 tional relation in which they stood as States toward 

 the Federal Government prior to the rebellion has 

 given place to a new relation ; that their territory is 

 a conquered country and their citizens a conquered 

 people, and that in this new relation Congress can 

 govern them by military power. 



A title by conquest stands on clear ground. It is 

 a new title acquired by war. It applies only to ter- 

 ritory, for goods or movable things regularly cap- 

 tured in war are called "booty," or if taten by indi- 

 vidual soldiers, " plunder." 



There is not a foot of the land in any one of these 

 ten States which the United States holds by con- 

 quest, save only such land as did not belong to either 

 of these States or to any individual owner. I mean 

 such lands as did belong to the pretended govern- 

 ment called the Confederate States. These lands we 

 may claim to hold by conquest. As to all other land 

 or territory, whether belonging to the States or to 

 individuals, the Federal Government has now no 

 more title or right to it than it had before the rebel- 

 lion. Our own forts, arsenals, navy-yards, custom- 

 houses, and other Federal property situatoin those 

 States we now hold, not by the title of conquest, but 

 by our old title, acquired by purchase or condemna- 

 tion for public use with compensation to former own- 

 ers. We have not conquered these places, but have 

 simply "repossessed" them. 



If we require more sites for forts, custom-houses, 

 or other public use, we must acquire the title to 

 them by purchase or appropriation in the regular 

 mode. At this moment the United States, in the ac- 

 quisition of sites for national cemeteries in these 

 States, acquires title in the same way. The Federal 

 courts sit in court-houses owned or leased by the 

 United States, not in the court-houses of the States. 

 The United States pays each of these States for the 

 use of its jails. Finally, the United States levies its 

 direct taxes and its internal revenue upon the prop- 

 erty in these States, including the productions of the 

 lands within their territorial limits ; not by way of 

 levy and contribution in the character of a con- 

 queror, but in the regular way of taxation under the 

 same laws which apply to all the other States of the 

 Union. 



From first to last, during the rebellion and since, 

 the title of each of these States to the lands' and pub- 

 lic buildings owned by them has never been dis- 

 turbed, and not a foot of it has ever been acquired by 

 the United States, even under a title by confiscation, 

 and not a foot of it has ever been taxed under Fed- 

 eral law. 



In conclusion, I must respectfully ask the attention 

 of Congress to the consideration of one more ques- 

 tion arising under this bill. It vests in the military 

 commander, subject only to the approval of the 



