New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1868-01-25

tons were carried on for the exchange OF prisoners Of
", ea.f the so-cacd Confederate states treated
having dc faclo Government by me authority of the
United states We submit whether IL has ever before
been denied that government was at least dc fdcto
which was tue representative oi power CONCEDED 70 DO
"a H. Ierr'lt, and 90 which hrigrlcnt rights had been
a,rpr,lrd by the civilized world We arc that
own antho:ics nI5 low calling IN question Tue right of
Tho British GOVERNMENT 10 have accorded TO the C,ucd
cate states character of bcgcrent bat 80 conf tent
IL that Governments thit the usagts Z" cylLd nations
fully usiIed der in thps treating the ftrl Government
thai she will not permit that question to DO made
the subject % arbitration Moreover tle Governmsut OF
the United states enforced STREET b'chae during the
Rebellion 10 which act she likewise recognized the people
OF thc Confederate safes as hclgcrrS twas the an
aor.y oi the Government VI the Uheu states that was
resisted 10y the Rebel States II the authority Of the
Government ot the United states That was superseded ard
suspended. WHAT j. his power 10 be deu0nnaed which
Inn, for four years held the whole military power of
The Government Of the United states ana yet carried on
sld sustained intact both Confederate ana STATE Govern
mcht.f 80 mandate Of tho President OF the United
states Federal courts held their sessions no civil au
crty 81 the United states was eaIio OUT OF exercised
within the territorial limits OF the Confederate states for
near four years II they did not constitute government
de facO, confess that have NOT UNDERSTOOD what
constitutes such government. But 1t may be insisted
that the State of Texas was never out OF lhe Union mat
Granted that il has been soenny settled BY tho arbitra
ment Of the sword that she had no right to seeede and
imagine that court will nneitaKe 10 disturb that
settlement Of the question But nevertheless she was
In fct practically out and that too, without te consent
of The United States, or at least lnUol Vi thin hnu
having thus voluntarily put herself Ont WtOut the con.
sent ~ majority OF the members oil ihe Un,on 10 WHEN
had belonged she return without helr c9nseh'
gwen In the form 81 legislative enactmchti INC Con-
ress tho United States have said that sue cann3; ana
long those acts of Congress remain W iorcp snH s
not such q status State would authorize her 20
prosecute this suit until the terms presented 10y CohgIe
complied with. Here the seve hcls Vi 49,
cedl Now, II, declared In the Iolesohg acls oi vi
gress the state OF Texas had no legal State G0verhne
so surely cannot sue rs such IL Is alone ny hei
ity I'm her political corporate capacity that sho can sue
What constitutes Statei Within the meaning Oh tho
Constitution ~ the United states II Is the peope oil
state in their organized political capacity Her orSanz
ton consists IN her government Her government con
sS in her constitution and the departments Of her gov
eminent PROV dod IN said Constitution H. therefore, te
government ~ State has no legal existence neither can
the state have any support this position, we quote
from decision Of 'hC supreme Court OF me bhtu oGc
in the case Of Hepburn Dnndas agt Elzcy reported
In ID Crtnch D. AS opinion by ChcfJustcc Marshall
decided In this case that citizen OF the DlsTcto o.
tho District of Columbia Snte Because 1t did not con-
tain elements characterstics OF state IL ava not
some of those relations defined I'm tine decision ABOVE
cited. as also in the Constitution, namely ,. ,o,,,
by people Of the several states sni eah sac shall hss az e'
ei y So .raber. ION .sch state EL shall appoint f'
he election Of number Of electors equal to IL Whole
These clauses show that the word state is used In the
rls rom the term Tho Specification attached to 1t by
writers the Law Of Nations Where the Same ,en
articles respecting the Legislative and Executive Depart
ments also employed in that which respects the Judi
sense originally given IT, But may he said that me
Rebel state Governments are only Illegal TO he extent
that their relations with The General Government are ss
vendcd IL not the right In this Court as nuch
relation the right TO ~ least one rcpresent,xe IN te
lower branch Of Congress, or two Senators what IN
srument II that guarantees those rightsf THO cosu
tuition Of the United states II one provision o, tnat
Constitution reference 20 state i suspended an must
be- impossible to reconcile with sound reason os
correct logic. that part OF the constitution y ~ Vre
I'M the Rebel States aud part not IN force; tat re-
qures legislation 10 assert the supremacy on some pro
visions OF the Constitution over Rebel state, wnie
others have never Interrupted Neither can be
maintained that there l. distinction IN the Use ol tnc
orJ state when app ed 10 the Legislative Department
and 10 the Judicial The supreme Court have already
decided that there Il II. therefore Texas Is no
S, win regard 10 her rights TO her Senators Repre-
.fftf
Win regard to her gat TO sue ba , a,s
at The people in rebellion against the United states
were not bcgcrens that the Constitution and laws OF
authority over every foot Of territory aud every inha
the Rebel states. inerruptcd only by the lawess
resistance Of those In armed hostiIy 10 the III
what attitude does the state OF Texas occupy IN ths
aspect o the case Simply this That at the close OF the
her people vino participated IN the keDenoh wsro
liable TO DO tried individually for any Violation on the
Constitution aud lave OF ie United states OF won my
had been guilty and punished accorunsy' nut AZ my
had power to throw off her allegiance to the Genera,
government under the national Constitutions neither bad
she the power 10 impair OF urs'Ioy sins,c ba
thereof and, necessary ana lOglca cohcuslon sho
1ecrsrv and logical conclusion she could not destroy
single relation which the Constitution provided Tor win
relations at the close armed resistance to tile Govern
ment Of the United States we're IN ful yleor ana UNI
paired vitality. But while her people were lawlessy GU
gagged armed hostility 10 the authority OF tho Unid
state y they through Ih,r y pGu ~ odns the
Rebellion or any other purpose NOT ineons'eIt ~ Win
PENDANT bought them with full knowledge OF such IN
f,uto tine state rnnuOt turn around and AJAX thus
Court io relieve her from the folly Of her own suicidal
oct. No the maxim. Ia pdri deltcto potion condo est
drcndens would apply with all Its force so that upon
she would be entitled to relief IN this
| court. But again: Inasmuch as sho severed her
relations for the time beng with tho General Gov
crnment, without the consent OF that Government,
/ aud be determined BY this Court
that she have these relations restored without the
consent that through It's representatives
in the legislative department. then she cannot sue in this
Court because that right that relation lies PROSTATE and
broken auid the OF the Rebellion among the ether
fragments departed rights and lost privileges In any
aspect tue ease think. therefore, that this 1uuc
ton should dissolved We insist further that the ale
cations the Insolvency OF the defendants insult
cent To authorize court 10 interfere by Injunction.
there must be a clear and explicit ayerment OF insol
yency Mere inability 10 pay debt does not amount 10
insolvency The State NJ Texas Insists that these bonds
apart among Others special school fund by
AN act tho Legislature and that there power In
the Executive to divert them from that purpose The
power so 10 dyest claim by the Military Board was never
granted even by OF the Legislature. And II Ia sub
mitted that such act Of the Legislature would have
been void In any because OF tho Tebeous objects II
contemplated II Is therefore argued that neither the de-
fcudants White & Chics. those persons purchasing
from them took any title whatever to the bonds The
purchasers from White Ohes could under circum-
stances acquire te all contracts made 10y aud with
the United States and those Of tho states In
rebellion citizens OF the United States and citizens or
any of the Rebel states. during the war; are nuu and
void Besides the bonds not Endorsed ny the Gov
| ernor VI Texas as required by law