Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1867-02-02

oath or assemble in convention, But
the President had power, We think,
not that he is the Government, any
more than that Congress or the Ju-
dietary is the Government, For
while all these departments consti'
tute the Government, each one Of
them represents aud binds the Gov,
ernmont when acting within the
scope of its authority-thc Congress
to prescribe the rules Of action, the
President to execute them, and the
judiciary to constrUc aud enforce
them when brought within the scope
Of its jurisdiction.
1t is not to be denied that the war
was prosecuted on the theory of the
Government, that State had no
right to secede, and that the ordi.
nances of secession were uttcr y void
and of no effect. Under no other
view could force have been rightiGl'
ly used to prevent secession, Under
this view the President needed no
new rule in view Of the declared oh.
iects of the war. He simply held
the Southern States in subsection to
his military authority until they vol.
unfairly embraced the amnesty and
pardon which Congress had author.
lied him to tender them, and con.
formed their State Governments to
the results of the war; and orderly
acouesccd in the extension over the
country of Federal authority in cv.
cry department, military, financial,
postal, and judicial. Had the peo.
pie of the Southern States been oh.
stinate and refused to rcOrganize
Their State governments and resume
their Federal relations, some lcgisla,
ton might have become necessary,
Or hal the Congress been in session,
1t might or might not have prcscrib.
ed some additional or different rule
for consummating the pacifcation
and restoring the Federal relations
of the States. But the fact that the
President accomplished it without
the necessity of any additional law
to aid or guide him, makes it equal.
ly binding upon all the departments
Of the Government, as though each
had participated in it. Texas hay
ing in good faith performed every
thing required of her in the paciti-
cation and resumption Of Federal
relations, awaits the result with pa
tiont solicitude. If the war was not
really waged in the "spirit Of op-
preston, and for the purpose Of con-
quest and subjugation,' she may
we'll hope that she has done enough
to entitle her to the dignity, equal
ity and rigtts' Of a State within the
Union.
This new project ignores or disre,
grads all these considerations, and
seeks to make the Government now,
nearly two years after the cessation
Of hostilities, and after the pacifica-
tion has been long completed, and
the Federal relations all resumed,
except representation in Congress,
adopt new policy by treating us rs
a subjugated people, without laws,
without government, without State
boundaries, without public property
ofany kind, without social organiza-
ton, with our lives and property at
the will of the conqueror. 1t is be-
lieved and respectfully submitted,
that such thing is impossible, with
out perversion Of facts as notorious
as the war itself: without a breach
of faith to the brave soldiers who
conquered US TO preserve the Union
of the States; without breach OF
faith to the nations Of Europe, who
were assured that the object Of the
war was only to preserve the Union,
and who under such assurances saw
us overwhelmed and should ii be
regarded as matter of any impor-
tance, without q breach Of faith to the
Southern people, who surrendered
their arms, and the principles at is
sue in the war, and complied with
what was necessary TO secure peace
and restore their political relations,
with full knowledge of, and in ref
ercnce to, the avowcd and notorious
object of the war on the part of the
United States. Should the Govern
ment of the United States change its
whole policy on that subject, regard
ing the war as still progressing, as
it must do, and demand, either in
express terms or in effect, of the peo-
pie of Texas, such surrendcr--th6
most abject known to war-"a ca.
pitulation at will, Texas may, and
doubtless will have to, submit TO it.
But it should be known and declared
to the world, to be new surrender
that will cancel, in conscience, all OF
the obligations assumed in the one
she has hitherto made.
Before breaking assunder such ties
and plunging the whole country into
such confession, distrust, and disaiiec-
ton as, VIC fear, must ensue, let us
most respectfully beg a patient and
dispassionate examination of the
whole subject in all its bearings and
The Con titution
should be again unrollcd, and clear
definite ideas fully graspcd upon the
questions now pending.
The proposition presupposcs that
Texas is dead, politically deiunct =
Texas was carved out of the domain
Of Mexico by the swords of the pat
riots of Sc, who gave it shape and
form, and breathed into q the breath
Of life, and it became an organized
body, an independent political soci-
ety. Annexation did not destroy its
corporate existence. 1t only Inodi-
fed its powers and relations. The
late ardid not destroy its corporate
existence an hour or a day y tenn
porary suspension other officers, and
! substitution Of others by the pro-