Union. Declarations to the contrary made in these three acts are contradicted again and again by repeated 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 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 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 twentyseven 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 Constitution of the United States, and slavery was declared 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 constitution 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, disfrict 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, too, both Houses of Congress have passed appropriation bills to pay all these judges, attorneys, and officers of the United States for exercising their functions in these States. Again, in the machinery of the internal revenue laws, all these States are districted, 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 administration of its duties in banc and upon the circuit, has never failed to recognize these ten communities as legal States of the Union. The cases depending in that court upon appeal and writ of error from these States when the rebellion began, have not been dismissed upon any idea of the cessation of jurisdiction. They were carefully continued from term to term until the rebellion was entirely subdued and peace reëstablished, and then they were called for argument and consideration as if no insurrection had intervened. 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 Carolina, being a part of the fourth circuit, are allotted to the Chief-Justice. South Carolina, Georgia, Alabama, 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 doties, 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 judic 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 constitutional 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 territory, for goods or movable things regularly captured in war are called "booty," or if taken by individual 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 government 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 rebellion. Our own forts, arsenals, navy-yards, customhouses, and other Federal property situate in those States we now hold, not by the title of conquest, bat by our old title, acquired by purchase or condemna tion for public use with compensation to former owners. 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 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 Sistes. 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 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 peblic 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 Federal 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

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 States, 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 with the advice and consent of the Senate, with this exception: that Congress “ may by law vest the appointment of such inferior officers as they think proper in the President alone, in the courts of law, or in the heads of Departments." But this bill, if these are to be considered inferior officers within the meaning of the Constitution, does not provide for their appointment by the President alone, or by the courts of law, or by the heads of Departments, but vests the appointment in one subordinate executive officer, subject to the approval of another subordinate executive officer; so that, if we put this question and fix the character of this military appointee either way, this provision of the bill is equally opposed to the Constitution.

Take the case of a soldier or officer appointed to perform the office of judge of one of these States, and as such to administer the proper laws of the State. Where is the authority to be found in the Constitution for vesting in a military or an executive officer strict judicial functions to be exercised under State law? It has been again and again decided by the Supreme Court of the United States that acts of Congress which have attempted to vest executive powers in the judicial courts or judges of the United States are not warranted by the Constitution. If Congress cannot clothe a judge with merely executive duties, how can they clothe an officer or soldier of the Army with judicial duties over citizens of the United States, who are not in the military or naval service? So, too, it has been repeatedly decided that Congress cannot require a State officer, executive or judicial, to perform any duty enjoined upon him by a law of the United States. How, then, can Congress confer power upon an executive officer of the United States to perform such duties in a State? If Congress could not vest in a judge of one of these States any judicial authority under the United States by direct enactment, how can it accomplish the same thing indirectly by removing the State judge and putting an officer of the United States in his place?

To me these considerations are conclusive of the unconstitutionality of this part of the bill now before me, and I earnestly commend their consideration to the deliberate judgment of Congress.

Within a period less than a year the legislation of Congress has attempted to strip the Executive Department of the Government of some of its essential

powers. The Constitution and the oath provided in it devolve upon the President the power and duty to see that the laws are faithfully executed. The Constitution, in order to carry out this power, gives him the choice of the agents, and makes them subject to his control and supervision. But in the execution of these laws the constitutional obligation upon the President remains, but the power to exercise that constitutional duty is effectually taken away.

The military commander is, as to the power of appointment, made to take the place of the President, and the General of the Army the place of the Senate; and any attempt on the part of the President to assert his own constitutional power may, under pretence of law, be met by official insubordination." It is to be feared that these military officers, looking to the authority given by these laws rather than to the letter of the Constitution, will recognize no authority but the commander of the district and the General of the Army.

If there were no other objection than this to this proposed legislation, it would be sufficient. While I hold the chief executive authority of the United States, while the obligation rests upon me to see that all the laws are faithfully executed, I can never willingly surrender that trust or the powers given for its execution. I can never give my assent to be made responsible for the faithful execution of laws, and at the same time surrender that trust and the powers which accompany it to any other executive officer, high or low, or to any number of executive officers. If this executive trust, vested by the Constitution in the President, is to be taken from him and vested in a subordinate officer, the responsibility will be with Congress in clothing the subordinate with unconstitutional power and with the officer who assumes its exercise.

This interference with the constitutional authority of the Executive Department is an evil that will inevitably sap the foundations of our Federal system, but it is not the worst evil of this legislation. It is a great public wrong to take from the President powers conferred on him alone by the Constitution; but the wrong is more flagrant and more dangerous when the powers so taken from the President are conferred upon subordinate executive officers, and especially upon military officers. Over nearly onethird of the States of the Union military power, regulated by no fixed law, rules supreme. Each one of the five district commanders, though not chosen by the people or responsible to them, exercises at this hour more executive power, military and civil, than the people have ever been willing to confer upon the head of the Executive Department, though chosen by and responsible to themselves. remedy must come from the people themselves. They know what it is and how it is to be applied. At the present time they cannot, according to the forms of the Constitution, repeal these laws; they cannot remove or control this military despotism. The remedy is, nevertheless, in their hands; it is to be found in the ballot, and is a sure one, if not controlled by fraud, overawed by arbitrary power, or from apathy on their part too long delayed. With abiding confidence in their patriotism, wisdom, and integrity, I am still hopeful of the future, and that in the end the rod of despotism will be broken, the armed beel of power lifted from the necks of the people, and the principles of a violated Constitution preserved. ANDREW JOHNSON. WASHINGTON, D. C., July 19, 1867.

The

RAILROADS, PACIFIC AND MONT CENIS. The Central Pacific Railroad Company of California is now building a railroad, which, in connection with lines completed, will cross the continent in a direct line from New York, on the Atlantic, to San Francisco, on the Pacific Ocean?

It is called the Pacific Railroad, and is being constructed under the patronage and grants conferred by the Federal Government, and is intended to connect the railroad system of the United States with California, etc.

The distance from New York to San Francisco, via Chicago, Omaha (on the Missouri River), Salt Lake, and Sacramento, is about 3,300 iniles.

Omaha, the eastern terminus of the great national road, is about 1,450 miles west of New York.

The work is divided between two organizations (financially separate), one, under the title of the Union Pacific Railroad, constituting the eastern division from Omaha to near Salt Lake; and the other, the Central Pacific Railroad of California, extending from the tide-waters of the Pacific to near Salt Lake, where it is esti mated the two lines will unite, the east and west, during the year 1870.

The Pacific Railroad is estimated to cost one hundred million dollars. Of this sum the United States Government give the use of fifty million dollars United States six per cent. bonds for thirty years; also the fee simple of 12,800 acres of land per mile along the line of the road, creating a magnificent domain for the companies, of about 220,000,000 of acres of valuable land, which is rapidly becoming more so as the railroads are extended.

The timber on the lands in California is of immense importance to that State and Nevada. It is a common occurrence to find the sugarpine growing 125 feet high before reaching the first branches, and 8 feet in diameter at the base, while large numbers of trees are found measuring 3 feet and 4 feet in diameter. The supply of wood and timber in many places is becoming very scarce for mining and other purposes, and it is therefore rising in value annually.

The Central Pacific Railroad of California commences the ascent of the foot-hills of the Sierra Nevada Mountains seven miles from Sacramento (tide-water of the Pacific), and from thence to the summit of the mountainpass 7,042 feet, and 105 miles distant; there is à continuous series of heavy ascending grades and sharp curves. The maximum gradients on this portion of the line are 1 in 453, of which, however, there are less than six miles, and the sharpest curves are 575 feet radius, but there are only a very few examples of this kind.

The Sierra Nevada Mountains are remarka

bly forbidding in appearance and reality for the purposes of railway building and operating; and to those who are unacquainted with this mountain topography, and accustomed to the lesser elevations and gentler slopes of Europe and the Atlantic States, it will be difficult to convey an adequate idea of the irregularities of surface which attach to them. The general direction of this mountain-range is parallel with the coast, and the western slope is intersected by numerous rivers and their tributaries, having their sources near the summit of the Sierras. The rivers run through deep gorges or cañons, in many places from 1,000 to 2,000 feet in depth, with sides varying from perpendicular to slopes of 45 degrees. The ridges be tween these water-courses are sharp, well defined, and in many places so narrow on the top as to leave barely room for a wagon-road to be made without excavating the surface of the ridge. The branches of many of the rivers course through cañons as deep as those of the rivers themselves, and present physical barriers to lines of communication crossing them in a northerly and southerly direction.

The short distance from the western terminus to the summit, 105 miles, and the deep cañons to be avoided, rendered it necessary to adopt steep grades and sharp curves to attain the summit elevation; but all these formidable difficulties have now been overcome, the line is finished and in operation to the summit, and the earthworks and bridging are completed for fifty miles eastward to the eastern base of the mountains. In September the rails were laid to the summit of the pass, and the locomotive steam whistle now sounds its sharp notes from a greater elevation than it has ever before attained, marking an important event in the era of railway enterprise.

From the eastern base of the mountains, for about 575 miles to Salt Lake, the construction of the railroad, for its extent, is remarkably easy and cheap, the greatest cost being equipments, cross-ties, and iron. The line follows the valley of the Truckee River down to the big bend (where the river turns abruptly to the north), and from there to the valley of the Humboldt River, to nearly its source, thence to Salt Lake, and the initial point of meeting of the Union Pacific Railroad from the east.

The following table will show the number of miles lying within certain elevations above tidewater from Sacramento to Salt Lake:

31 miles between tide-water and 1,000 feet altitude.
1,000 feet
2,000 →
2,000
" 8,000

14

16

66

66

4,000 “ 5,000

6.000

country from ocean to ocean is already very large, and on the increase, notwithstanding all the delays, discomforts, and terrors of a sea voyage via Panama, etc.

It now requires from twenty to twenty-three days to make the journey from New York to San Francisco via Panama; but when this line is completed the trip will be made within seven days, and then, in connection with the line of steamships already running regularly between San Francisco and Hong Kong, the trip can be made from New York to Hong Kong in less than thirty-five days.

The Mont Cenis Summit Railway.-Trains have passed over this line of railway, by means of which the system of French railways, terminating at St. Michel, in Savoy, connect with the railways which commence at Susa, at the southern or Italian foot of the Pass, and which now connect together, and extend either directly or circuitously to all the leading places and cities of Italy. The length of this railway system is at present 3,040 miles, and there is every prospect of about 250 miles being opened for traffic in the course of this or next year. The railway is upon a portion of the road-bed of the Mont Cenis Pass, the total length of which is 49 miles; the gauge of the railway is 2 feet 7 inches, and a width of carriage-way is left for road-traffic of at least 16 feet. For the purpose of increasing adhesion without increasing weight of engine, Mr. Fell has invented and patented a form of centre rail, parallel with and exactly in the centre between the two ordinary rails, 9 inches above, and in order to obtain adhesion to the centre rail, the engine has, in addition to the ordinary perpendicular wheels, 4 horizontal wheels, 2 on each side of the engine, which are made to rotate along the sides of the centre rail by identically the same steam from the cylinder that operates upon the perpendicular wheels. The effect of this rotation of the horizontal wheels upon the sides of the centre rail is to increase its adhesion. The amount of this increased adhesion was proved last year: an engine ascended an incline of 1 in 12, equal to 400 in the mile, with the steam acting only upon the horizontal wheels. The weight drawn was 7 tons. With steam applied to both the perpendicular and the horizontal, the weight drawn was 24 tons. In this fact is contained the whole secret of the extraordinary development and marvellous increase of power obtained by the introduction of the centre rail combined with the action of the horizontal wheels upon it. There is no curve on the Mont Cenis Railway of greater radius than 44 yards, and the engines and trains go round them without the slightest apparent difficulty or additional strain, and with a total absence of that grinding which is invariably heard by passengers in an ordinary train going round curves. The passage of the mountain may be divided into two nearly equal parts-that from St. Michel to Lansle

sca.

bourg, little less than 25 miles, and that from Lanslebourg to Susa, a little more than 24 miles. St. Michel is 2,493 feet above the level of the From thence to Lanslebourg the rise is only 1,994 English feet, or at the average rate of nearly 80 feet to the mile. At Lanslebourg the real work of climbing commences. From here to the summit, exactly 6 miles, the ascent is 2,214 feet, or at the rate of 350 to the mile, with several curves, the radii of which are only 44 yards. The whole distance was traversed by the first excursion train in precisely 47 minutes, or at the rate of 8 miles an hour. At La Grande Croix, nearly 5 miles from the summit, the descent of the mountain commences. The brakesmen having received proper instructions (for they had never previously seen or been upon the line), the train started, and it was at once seen that for 6 mies to Mollavetta the gradient is 1 in 14, or 3764 feet in the mile, and from Mollavetta to 63 miles it is not much better, being 1 in 15, or 350 feet in the mile. From the admirable arrangements of the break-power, the train is as completely under subjection as if running upon a nearly level rail.

The use of two outside rails and one central adhesion rail was patented many years ago, in this country, by Mr. G. E. Sellers, and its use was advocated by Mr. Trautwine, the engineer of the Panama Railroad. The engines were so built, but the engineer who succeeded him concluded to cut down the road and use common engines. An engine, weighing 1,100 pounds, was run in New York on this plan, which was capable of drawing 30 pounds up a grade of 250 feet to the mile with ease. The plan on which they were constructed was better than that at present used in Europe, as they were so made that the whole weight of the train should act in producing adhesion, so that the heavier the load the harder the grip on the central rail.

REFORMED CHURCHES. I. THE "REFORMED CHURCHI IN AMERICA."-This is the new name of the former Dutch Reformed Church.

The long-discussed movement in the Church for a change of the official name of this Church from "Dutch Reformed Church " to "Reformed Church of America" was brought to a close in 1867. The General Synod, at its meeting at Geneva, N. Y., in June, declared in favor of the change by a vote of 102 yeas against 7 nays. The question being then submitted to the vote of the classes, 25 recorded themselves in favor of it, and 6 against it. Those voting in favor of the change were: Holland, Albany, Paramus, Rensselaer, Schoharie, Hudson, Saratoga, Greene, Schenectady, Long Island (South), Montgomery, Cayuga, Kingston, Geneva, Passaic, Michigan, Monmouth, Raritan, Illinois, Poughkeepsie, South New York, Westchester, South Bergen, Philadelphia, Orange. Those voting against were: Bergen, Wisconsin, New York, New Brunswick, North Long Island, Ulster. In a total of 681 votes cast, the ma