by purchase or appropriation in the
regular mode. At this moment the United States, in the acquisition 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
property 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 conqueror, 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 public buildings owned by them has never
been disturbed, 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 Federal law.

In conclusion I must respectfully ask the attention of Congress to the
consideration of one more question arising under this bill. It vests in
the military commander, subject only to the approval of the General of
the Army of the United States, an unlimited power to remove from office
any civil or military officer in each of these ten States, and the
further power, subject to the same approval, to detail or appoint any
military officer or soldier of the United States to perform the duties
of the officer so removed, and to fill all vacancies occurring in those
States by death, resignation, or otherwise.

The military appointee thus required to perform the duties of a
civil office according to the laws of the State, and, as such, required
to take an oath, is for the time being a civil officer. What is his
character? Is he a civil officer of the State or a civil officer of the
United States? If he is a civil officer of the State, where is the
Federal power under our Constitution which authorizes his appointment by
any Federal officer? If, however, he is to be considered a civil officer
of the United States, as his appointment and oath would seem to
indicate, where is the authority for his appointment vested by the
Constitution? The power of appointment of all officers of the United
States, civil or military, where not provided for in the Constitution,
is vested in the President, by and wi