appointed in some of the States during, and others after, the war, with the advice and consent of the Senate. They have consented to the appointment of numerous officers there, under laws applicable only in cases where States exist. They continued to sit with Senators from Tennessee and Virginia long after secession. If these States became conquered provinces, there could be no Federal officers in them until after their creation by statute. In such case the old laws would not apply. Congress frequently, during the war, changed the time and place of holding United States Circuit and District Courts in certain States. By the act increasing the number of Supreme Court Judges, passed July 23, 1866, Congress assigned Virginia and North and South Carolina to the fourth circuit; Georgia, Florida, Alabama, Mississippi, Louisiana, and Texas, to the fifth; Tennessee to the sixth; and Arkansas to the eighth circuit; and judges of the Supreme Court were, under a law of Congress, assigned to these circuits. These things prove that the States existed as such, and were not mere conquered provinces in the estimation of Congress at that time. No expression of opinion can remove these acts from the record, or annul their meaning. The executive branch of the Government has recognized the States as still having a distinct and known existence.

The Supreme Court has done the same in a large number of instances. During the war, it assigned judges to the Southern as well as Northern circuits. It kept a large number of cases upon its docket, which were there before the war, and has since heard and determined them. In some of them, the Court was informed that the war was ended, and the civil authorities exercising jurisdiction there; and, on that ground, the Court was requested to take them up, and did so; and heard and decided them. It heard one case from Louisiana that was decided and removed during the war. During the whole war, the United States District Court at Key West, Florida, continued in the discharge of its duties; and numerous prize cases decided there were removed to the Supreme Court, and heard and determined by it while the war was in progress. The Court has heard cases brought by some of these States, since the war, without objecting that

they were not States in the Union. United States District Judges in most, if not all, of these States have held courts under the Judiciary Act of 1789 without question. Judge Underwood tried numerous confiscation cases during the war, and has taken jurisdiction of the class of cases which are authorized by the Judiciary Act. Chief-Justice Chase has actually held Circuit Courts in Virginia and North Carolina, exercising the same jurisdiction as those courts did before the war. Jefferson Davis's case is still pending

in the Virginia Circuit Court. The question then stands thus:

1. The Executive Department, having as much right to its opinion as any other branch, holds that the secession States are in the Union, forming an integral portion of the United States, entitled to the same powers and privileges, and subject to the same duties, as the other States.

2. The Judicial Department, whose duty it is to declare the meaning of the Constitution and laws, throughout the war, and since, has, in numerous cases and ways, recognized these States as in and forming a part of the Union.

3. The entire Democratic party, and a portion of the Repub licans, concur in the views of the Executive and Judicial Depart

ments.

4. During, and until long after the close of the war, the Legislative Department, and the residue of the Republicans, both by legislative acts and declarations, and through the press and public addresses, avowed that the sole object of the war was to restore the Union, and it was to accomplish this that men rushed to the tented-field, and cheerfully sacrificed their lives; and those having means cheerfully tendered the same to the Government.

5. The Republican party had nominated Mr. Johnson, of Tennessee, one of these seceded States, for Vice-President, which would not be legal if it was not a State in the Union.

6. That State gave Lincoln and Johnson its votes, which were counted by Vice-President Hamlin, in the presence of the Senate and House, no one objecting; and both were declared duly elected. On the other side we now have:

1. A majority of the Legislative Department, after the close of the war, disavowing their former opinions and acts, and declar·

ing that instead of States in the Union, we have now conquered provinces to govern.

2. The larger portion of the Republican party, following their leaders, have changed their expression of opinions.

Only a fraction of the Government and people deny these States the right to assume their places in the Union. If the present position of the Republican party is correct, then all the acts of the war were based upon the false pretence of fighting to restore the Union, when the real object was to conquer provinces and govern them a thing not authorized by the Constitution. The motives of the professed change-for it is not real-are apparent. It is to cramp and worry these States, and force them, in order to become practically States in the Union, so to mould and frame their constitutions as to enable the Republicans, through the negroes, to control them politically. These States are now as much a part of the Union as on the day they were admitted.

125.-ANDREW JOHNSON.

Andrew Johnson is a native of North Carolina, but an adopted son of Tennessee, and is about sixty years of age, in robust health, and capable of great endurance, of medium size, and rather thick set. His education, though self-acquired, is good. His application has been great, and his memory is remarkably clear and retentive. During his whole life he has been noted for strict integrity, and his word was as good as a bond. Although industrious and prudent, his acquisition of knowledge was greater than that of wealth, concerning which he has no remarkable skill. He neither hoards money nor lavishly spends it. With him it seems to be simply a medium of life and enjoyment.

Politically, Mr. Johnson came upon the stage, and has remained, a Democrat. He had before him such lights as Jackson, Grundy, White, Cave Johnson, and Polk to guide him in forming and settling his political principles. In the State Legislature, in the House of Representatives, as Governor of Tennessee, and United States Senator, he acquitted himself to the satisfaction of his friends, and with high credit to himself, as a true and faithful Democrat. His record was in all respects fair, and in many

noble. It shows endless labor, and of the most useful kind, and with as few mistakes as that of any of his contemporaries. His first mistake was in resigning his place in the Senate, and accepting that of military Governor, where it was expected he would make laws as he went along, and also administer them. Few, if any, ever retire from such a position as much respected and beloved as when they entered.

In 1864 the Republicans had many fears and doubts concerning their ability to carry a purely Republican ticket. Hence they sunk the word "Republican" in their calls and meetings and adopted the words "Union National" or "National Union party," assuming that it was not a party question which was to be solved, but one of “saving the national Union," by which they deluded many Democrats into the support of their ticket, they being made to believe they were in good faith so acting as to save the Union. As Mr. Lincoln was to be nominated, this pretence would not be received and relied upon, unless the nominating convention placed a Democrat on the ticket for Vice-President. They knew Mr. Johnson, and that he was an unchanged Democrat, who had in the House and Senate, and elsewhere, denounced their principles and practices. But he was a real Union man, and they could truly present him as such; and what was quite as important, it was believed he could carry Tennessee, owing to the attachment of the Democracy of that State to him. Its vote might control the election. Hence, without his disavowing one Democratic sentiment, or espousing one of a Republican character, he was nominated. They asked no pledges-he gave none. In accepting that nomination, and becoming entangled in the meshes of Republicanism, and consenting. to travel with them, he committed his second mistake, the consequences of which are still upon him. He should not have accepted that nomination from his political enemies, unless he intended to abandon his former faith, and adopt and follow theirs. The case of John Tyler should have warned him of the consequences of being elected by those whose principles he could not. follow to the end.

When the hand of a murderer had cut short the days of Mr. Lincoln, and he became President, he should then bave deter

Had

mined whether he would adopt the Republican programme and follow wherever it might lead, or at once have resolved to follow Democratic principles to the end, and if so, to have changed his cabinet from Republican to one purely and unmistakably Democratic, filled all the important offices with Democrats, and made his an old-fashioned Democratic administration of the Jacksonian stamp, with the same fixed purposes as Mr. Lincoln had made his purely Republican. Not doing either was a mistake of a grave and enduring character, and which never can be remedied. he formed in line with the Democracy in the summer of 1865, he would have had a large and a controlling party supporting him. The Republicans could not have fairly complained of his thus setting up for himself, as they well knew he was a Jackson Democrat when they nominated and elected him; and if there was any wrong in the matter, it was by the leaders imposing such a man upon their rank and file. A fourth mistake was, that when he put forth Democratic doctrine in his messages, he did not sustain himself by removing those who denounced him for having done 80. He preached Democracy, and undoubtedly honestly and sincerely, but allowed his officials to scout it, and abuse and ridicule him for it. He was all right on paper, and all wrong in practice. A fifth mistake was, in consenting to the formation of a third party, with one Democratic and one Republican leg to stand upon. Tyler tried this, and failed. Mr. Johnson meant well, but that did not prevent his falling into error in practice. It was these mistakes that enabled his enemies to entangle and bind him hand and foot. As his course presented him, the Republicans made war upon him for his correct principles, and the Democrats could not rally to his support because his practice was not Democratic, but almost exclusively Republican. Like Tyler, he is without a party, and his enemies are strong enough to carry every measure they desire over his veto and the Democratic votes. He is a bold rebuker of wrong, but seems to lack the courage, in practice, to take and maintain his ground, and throw the consequences of failures, if they happen, upon his enemies. But he has allowed himself to be badgered, brow-beaten, and threatened, until he has consented to nominate the worst enemies of Democracy and of