The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-01-25
ARE THE REBEL STATES IN THE UNION
UNITED STATES suNsrr COURT.

- $3.50 1SSAS ~ sA~ - sAsS $4,000
UNITED STATES sUNErE COURT.
Eject o. the Fate RebeIiion on the Corporate
Existenes Of the states Participating in 1t
The Issue Squareiy Made aud Fully Argued.
WASHINGTON Jan. "a 1868.
7ae Slate Of 7srss o. Ceorgs W. Waite, John Gales
& a. -This . motion 70 dissolve injunction hereto
fore granted aSanS the defendants restraining them
from using or d!sposng Of the bonds spoken Of 10 the
following notice. issued the 18th OF September, 1895
~ A. J. Hamilton. Provisional Governor OF Texas;
CAUTION TO THs PrBrlc.-Soms me about the 18th Of
January last one Aurrah claiming 10 be Governor Of
board which had been established osensibiy carry.
ing on the then existing rebe Ion against The unied
George W. White and one John Ch!er, then rssldent n
Texas, delivered to them certain securities Of the Uned
States ~ '0e1 .1' property o. tho state o. Texas
States Texan indemnity bonds issued January l.
lsol liable in fourteen years, OF the denomination
amount OF sci 257 co. am ,untng IN the aggregate,
bonds and coupons, 70 the sum OF 500, 2s7 o0-for
winch SAID White and Ohilcs undertook and agreed to
pay oy delivering to the state OF Texas AZ tho ely or
Austin, cotton cards at SIS per pair and medicine aud
hospital stores q. the sae rate OF pront upon original
OF failing 10 Furnish sad Articles then to pay for SAID
bonds and coupons 10 per cent eight per cent
Texas ats warrants ranag the State warrants ~ par
and the Uni ed states bonus at eignty cents when IN
fact The Stale bonds 10 the market at the time
wers selling ct eight cents tue dollar, thus
exhibiting shameless conspiracy between said
parties To rob the treasury Of the State Nov.
therefore, ! think proper 20 give the public notice
Chiles By Irresponsible parties. without any sgiti
mate authority, and In violation OF statute Of the
State which requires said bonds DO endorsed BY the
Governor OF tile Stale before they shall be available IN
the hands OF any holder; that they delivered
under pretended contract which bears opon its face
indsputate evidence o. fraud and tIat the said White
and Ches either OF them have never paid or aussd
10 be paid to the said State OF Texas larthing In
money or securities, or property Of any character for
said bonds and have Doth nsd from tho State Of Texas
TO evade prosecution and punishment under the laws Of
the stae and that these facts have been made known
TO the Secretary o. the Treasury Of the United States
and protest ed with against the payment Of said
bonds and coupons. unless presented for payment by
proper authority OF the state OF Texas
In support Of tho motion to dissolve the injunction,
the defendants insist their point that the
has not ursd ction Of the Cause. stands in the
name Of the state OF Texas State not in the Union
This point IL urged as fatal 10 the bill The plaintiffs
bill alleges that in 1901: /;
An unlawful combination Of individuals, in armed
hostility to the government OF the United States,
seized upon the archives, treasury and property OF
political altaory the territory within the limits
OF said State, established certain organ cation denomi-
ing the overthrow Of said government Of the State Of
Texas under the constitution Of she United States, by
Withdrawing SAID stale from the Federal Union, and
for the purpose Of carrying On war against the govern
ment Of the United Siases.
From that avsrment II will be that the plaintiff
refers TO tho action Of the State OF Texas Ia regard TO
her participation In the late rebellion. The effect Of
her ordinance OF and OF her participation in
the rebellion both legitimate subjects Of inquiry in
the cause now beoro the court. Her ordinance OF
cession was q public act the part OF the State OF
Texas, Of which this court will take judicial notice.
Tho character OF government which she presents
a. state during the rebson. will also be taken
into consideration by the court Tho evidence
OF secession on tue part Of thu State OF
fexas aud armed hostility to tbs government tho
Uned states aztec ed her relations with general gov
eminent alone. and did those impair
Corporate political existence as State. Shs retained
her game form OF Stale governmenf with all her local
and domestic Institutions substantially UNCHANGED.
Her relations towards states whieh did secede
motion with them, and by throwing OF the
general government which und sr the tuition the
United States had exercised Jurisdiction and conuol
over all tue sta But before pursu ug this analysis Of
her relations TO tho general government and tho other
States becomes important TO examine further into the
manner In which she attempted by her ordinance OF
secession to take her place among the other seeding
States, ana with them make common Of defence
against the authority will OF ths non states
Her ordinances OF secession not movement the
part OF mere faction " ner people but It the de-
voice Of the people with great unaRnity. Had tho
funess and pop.ety oil her ACTON never been ques.
toned We apprebend that no objection would ever
OF her SO far them the act Of State Of
Texas could derive any weight, authority import.
ancc from tue SANCTION OF her people, she had that
sanction with greater unaEimily than could usually
BE-, exose s upos almost any proposition
state of Texas had de fdct government at the time
sno sold aud delivered the bonds Ia The
and such sale and delivery mao pur-
saant to The Authority Of such de TACO government
then the bonds ia question, being commercial paper
passed by delivery with all their title TO the
ihls proposition Is virtually conceded in the psnns
bi and cannot bc success uiy controverted Ihat tho
State OF Texas hal d. fact government think is
proposition susceptible OF tine cearest demonstration
Gun history, precedent aud authority she indeed pos
Sc sed sucn government independently OF her
Qciion through general government with the otaer
Confederate states But IL there anything very p,
caar IN our system OF government that such a thing
q, de jdto government could not all within
territorial lms OF the Uuted States and within the
con tu ora JufisfIcton OF the government tnereuf2
ii conccde tia. thc constitution or the United atales
holds the States together us IL were, with hooks Of.
see and that the general government Is paramount IN
authority ~ every rgnt CLAIMED by any oiae, this still
would NOT at all mlair the force Of the argument in
support OF tho proposition tnat Texas hat d. faco
government but on the contrary strengthens tho idea
is true tha the supreme majesty o. our government
does not resiie 10 the rersoa OF king or Prince TO
exercise whose iuncs ons oy pretcnder or evn
usurpor In England constituted d. fico kiug or
prince and q, ftctD government Even an English
c urs. WITH every possible INCLINATION and b as
10 protec. the royal succession aud sistan tho
rghttui sovereign in 6etermiuing the LIABILITY AMI
respous biIity OF subject wns q usurpsr held the
powers Of tb' government IN MS hands, would decade
that suca subject excused aud jlstfed IN repdcng
Obedience u such De feaso government. We will hcis
c,mmsatares tsLa swood's)-ses fourth BOOK, page
49,
When. therefore, u'uper is possession tho subjsc.n
excused anu Jlsthed ~ o0eyng aud gylug linn ics
oiherwse unIe usurpatJn could " sfe " tbs
III prince hai rgDt 20 hang him Gor obedience 10 the
PAYERS Ia being the usurpsr would certainly for dis
obeaoncs nag, iurther. Of people
feet judges OF te o, which In all
tlce evidence. tie aw g. yIei obedience
That prince whose rsa by want OF Possession render
uacerain anu d aDe unt Providence n II tniLk Nc
iltsrpose IN his favor aud decide the claims and
there ore Until he ent tied % such aegnnse by posses
Sou no treason can be Committed against aim
10 true that under form OF govern nent no in
stances eau occur OF tue expulsion by usitper OF too
rshtiui sovereign prince, IN the person OF QUE msn
nor OF tho kug Jre by the King toto, because tho
supreme authority Of government does not reside IN
those iIstious percentages. But ~ the existence OF
a. dco government pcsupposes the absencs or suspea
SION OF Tie authority OF the government d. je, u De-
comes important TO understand where the SUI
prens authority In our government Is lodged, ant Ia
what manner aud form tue sovoreaI power exists also
tho relations OF tue States 20 the and
u each other ony TO ascertain whether ds Jdcto
government existed in the seceong states during ths
rebellion, but % chat extent those relations woro
suspended Affected By Of Their participation
The rebellion. We have read that the State OF Texas
f,eyn~4 ~ b.r