Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1867-11-02
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This /. u motion 10 strike from
the Docket cnse No.-bocauso the
pur ported Judgment Of the District
Couti was rendered at time not
authorized by the statute In force
previous 10 1861, II IL admitted
that tho District Court was held
agrccably to the statutes passed In
1866 and in force at tho time Of The
Judgment. Municipal law y u rule
of civil conduct prescribed by the
Supreme power in State" There
can be no question that the "Su-
preme power" in the State Of Texas
since the surrender Of the Conieder'
ate forces to tho United States Ia
the United States-and Of course
whatever the Congress Of he Uni
Ted States kas prescribed" us law
Is law unless the same conflicts with
the Constitution of / h Q United
States. On the End March, 1867,
the Congress of the United States
passed certain Act, the preamble
of which is:
"WmEREAs, no legal State Gov
ernments or adequate protection for
life or property exists in the rebel
States of Virginia, North Carolina,
S nth Carolina, Georgia, MISSISSIPPI
pi, Alabama, Louisiana, Florida,
Texas and Arkansas; and
WHEREAS, 1t is necessary that
peace and good order should be en-
forced in said State until loyal and
Republican State Governments can
be established therefore
BE it enacted, &c.-That said rebel
States shall be divided into Military
Districts and made subject to the
military authority Of the United
States, al hereinafter prescribed,
&c.
SEC. 2. That it shall be the duty
of the President to assign to the
command Of each of said Districts
an officer of the Army not below the
rank of Brigadier General, &c.
SEC. 8. That it shall be the duty
of each officer, assigned as aforesaid,
to protect all persons in their rights
of person and property, &c. y
= and to this end he pax allow
local civil tribunals to take jurisdic
ton of and try offenders, &c.
SEC. 6. That until the people Of
the said rebel States shall be, by
law, admitted to representation in
the Congress of the United States
any civil governments which may
exist therein shall be deemed pro-
visional only, and in all respects
subject to the paramount authority
of the United States, at any time to
abolish, modify, control or super
sede the same" &c.
1t is evident from this Act that
the Congress of the United States
made no discrimination of the laws
in the several States to which they
referred. as to the time of the enact
ment of the sane. None Of them
were declared null or void or inva-
lid, but the whole machinery of the
respective States was declared pro-
visional only, subject to the para
mount authority o f t h 9 United
States at any tine to abolish, mod
fly, control or supersede" the same
Our province a S Judges o f thi'
Court is set forth in our oaths O
office, to faithfully and impartially
discharge our duties agreeably t.
the Constitution and laws of thu
United States and of this State
Unless, therefore, it plainly appears
that the Act appointing the tim'
for holding the Courts Of the Enc
Judicial District is contrary to thu
Constitution or laws of the United
States or of this State, or unless j
has been abolished, modified, con-
trolled or superseded by the United
States, it is good and valid law.
To the assumption that the law
passed by the Legislature of Texas
and the Constitution made since thu
act of secession are null and voit
from some fanciful reason, and no
from the tests we have mentioned
we reply, that the military com
mander of this district has made M
such decision, but on the contrary
by his orders, has expressly recog-
nized the validity of the constitu-
ton of 1866, as well as the law
passed. by virtue thereof, as valid
subject of course to the constitution
and laws Of the United States.
Since, therefore, the law is no
contrary to the constitution or law
ofthe United States, or of this State
and has not been abolished, modi.
fed, controlled, or superseded by tn
United States, or any of it's officers
the motion is refused.