New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1868-01-25
STATUS or THE SOUTHERN STATES

AT THIS TIME STATES At ALL g-AEGUMENt
II TIE UNITED STATES sUPEEME COURT
YESTERDAY.
WA,uNGToN. Jan. 2L-Ip tho United States
surrerae Court today, tho o. The State e. I'>"s
agt George " White, John Caiics, ct al, vas argued
Tln IL motion to dissolve an Injunction heltlvio'c
granted AGAINST to defendants, restraining them from
using or M posing 81 the bonds spoken Of in the ioo"h
notice. issued the l3h OF september. 1866, ~ ." d.
Hamilton. Provisional Governor Of Texas. viz:
c TIA prifr Some tine ab4 iie o q lnraarv as',
ore T. ~ r4 c.uli BE- Go',lor 81 Toe hse o. Iet 90.
o m ~ Ven ,ri.ial Re elol sgilnss the Criea sat :
.. os ls', {s. pr. h re-, t., iha crs ss
ties VI J St-s then he p pet Of hs STAT, u elas- .
Il wear. 81 ,rt ~ @ltcJ each. asi car;oas su1chrl
s soe ' saa o. ~ q 81 c5 ,s . sf s 'S G.
undertook ard agreed pa Bog delivering 10 TIE SLATE OF eh G
c,.t !. n"oS s'n earl, ut tie ph,e pail or tie
coupons per efhi per eni liAs We ~s'r-u
IN ct de- 81 ne hor r In ne market the eight croi' on
tae dor thus exhibiting shame eoh'gaeI 's@ a. 1--WE
public bonds yer to gid White 'n Vh
son Of .i'is p me i,ts l ,qaes sid bond, he raor',
81 say ir gt tIsy x.r =. reri under pretended eoasrae
which hears upon i4ce uipube efl.ne Of iul ihii Hs '
rsii to the sid si1te Of Tex. one rhag 10 eeni or
proPe Of any character Tor m oon - ,e " ,D r' ne . q
Tho state and Inst t- he have been m, Aaogn 70 .a9
on lAt lI''euI' VIC hui'' '' 49,
tie pavmsa Of s bonds aud coupons ulA' presenter Tor '
proper sltaorig Of the state Of Texas
In support OF the motion 10 dissolve the Injunction 'ho
defendants insist as their main point that the Court has
rot Jun dicou OF the cause stands IN tho name OF
the state OF Texas State not In the Union THIS point
urged fltal the bill rhc plaintiff bin alleges
that III '6l. an unlawful continuation oi ett,s
armed hostility To me Governments Oh the ui, ~ ~
seized upon the archives, treasury ana property 81 'iJ
sag state OF IeAn, Tng e' , I'D S,tc ostbisbcd
a certain organization denomiuatcda military boau l"'
the purpose Of accomplishing the overthrow o s GOV
eminent OF the State Of Texas under ne constitution ~
the United States by Withdrawing said State from lho
Federal UnOu and for the purpose ~ carrying on war
against the Government OF the United States"
From that avcrneHt 10 viii be scctdt the paintiH To-
participation IN the late l'ebflh'n rue tn''l "a ~.
ordinance Of secession ana OF her participation IN tno
Rebellion are botn legitimate subjects OF hIgy W il'c
cause noN before the Court Her ordinance u rtcesHo
public act on the part or the STATE Oh I'Nas al
which THIS Court VIZ take Judicial notce ine &
Of government when she preserved rs 1th uS NV
Rebellion VIII also he taken into consideration Oy Tue
Court The ordinance of secession on inc par 81 ,no
mcnt OF the United States affected her relations with the
General GoNernnen alone ana III no scse u,e ,us" h
impair her corporate poItsil eNSlchco as
retained her form OF STATE oNehmct WIN al hr
local ana domcsllc institutions substantially unchanged
Her relations toward the states Wlch uu ho' Seec sio
sought change by Withdrawing her FORMER connection
with them and by throwing OF the common or General
Government which, under the Constitution OF Tue Iitu
states had exercised jurisdiction ana control over All 'e
tons 10 the General Government ana me OthT slac' -
becomes important examine further into the manner
in which She attempted 10y her ordinance Oh sttt's"n
10 take hcr pace AMONG t"o ol,r. 80 -
states, and with them make common cause ol
seeding States Her ordinance OF secession was nov
movement the part OF mere fraction oI her people
Thorn. II was the voice OF her people WIN ~, uh,
ity. Had the lawfuncss and yIopnciy 81 her action
been questioned We apprehchd thdt 10 opc.'oh
would have been urged on The ground tht IL We nos 'o
will OF the people SO far thcn as The aclph ol VIC otate
Of Texas could derive any weight guihGiIy, or inPort
ance, from the sanction OF her lcoPr, SUE li M
ton with greater unanimity than cOnld usually De *
peeted upon almost any gPofe 0 had de ato
government NJ the time she sold ana delivered the bonus
IN controversy to the defendant ana ,urh sd. an1 &c
livery were made pursuant 10 the auo,iD vi u.i ~,
factO Government, then the bonds question being com
metcial paper passed by delivery with all their ute 10
the defendants This proposition j NlltiDy ~
the plaintiffs BILL and cannot be successfully cOhtIv
veTed Ihat the STATE OF ItAt, nau =. y,,,t - ~,
ment We think Is a PROPOSITION su-crpunlo OF tns
clearest demonstration from history, PIectuon.
government independently al Her connection
through a general Government with tho other
liar M our system 81 goYeIhnent ia sneh t'nE ~ "
de ctO government could not exist az hl Wthh tb' l,
rtoria limits ~ The United StA ahd Ni,nln " ~, ~
tuiionM jurisdiction OF the DO.e!,hrhl w a. S
eouccde that the Constitution OF the United states ho..
Tue States as Ut in authority to
every right claimed by any state this eth would not at
proposition that Texas had dc eto government; but,
the contrary, 1t strengthens the idea tl7 tIo NAV
the supreme majority Of our Government does not reside
i'm Tie person OF King or prince. 20 eNpe dethrone
whom for even short tme and to exercise whose Juno
t"t e C,cio Wing or ptnoe aud 10 sot,
Egcn an English court with every possible inclination
and bias protect the royal succession and 70 sustain the
rghiful sovereign In determining The LIABILITY and tespon-
sbity OF subject while usnIpsI hrld he Pow3ts OF ie
excused and Justified IN rendering obedsnoe 70 sue'
ton from Mr. Justice Backstono's commentaries Shars'
woods Soc 4th book, page -
lust oleying gg hin ancc oherse under u'upa
on 10 nan could 4 IL, 'uf prime had hai hang bio
SsobeBenc N flther people rs imperfect jaes. Of
s o. NJ , & on to that prsec sbo.s bs b. rsa,
possession rendered uncertain ,nd cpuiab tnt rfo'hens' ,hi
therefor E entitled TO ueh By possession treason
be committed against bin
II IA true that under our form OF government in
stances can OF the expulsion by usurper OF the
rghtfl sovereign or prince In the person OF QUO man
supreme authority Of our Government does not RESIDE IN
those lusiIOus persOnages But NJ the existence OF
de fdco government presuppOscS the absence OF sus
sion Of tho authority OF tho government de yWe, u De
comes important TO understand where tho supreme hu'
thOrity in Government IL lodged ana IN what manhe
the states to the General Government and 10 each oher
Lied IN The seeding states during Rebellion but TO
what extent the relations we're huhehueu OF VneCteu ~
have said that the state OF Texas had n de
faeto government independently OF her connection
with the other Rebel States that formed the sooacd Con-
government Our General government possesses
no original Inherent sovereignty Its powers are nl de-
rived IL rghtfully exercise no authority which NOT
warranted by the power delegated to IL In the Federal
Constitution. The States sovereign In everything
which iucN nave not lH'
ment ia that instrument unprOhbited themselves from
doing by It, In this Constitution We fnd the three DO
partinents OF Government, Legislative Executive.
and Judicial. with the powers VI each clearly ana ex-
phcy defined and yOnd which defined powers neither
department Is authorized TO go IN the exercise OF
authority because the states aud tue people. In WHOM
resides all original and Inherent sovereignty. reserved
expressly To themselves ali the powers not delegated To
the General Government In the Constitution nor pro-
hbited 10 them by it, Therefore all tho soyereignty
by General Government Ia what Is derived
from the Constitution Upon this proposition we propose
10 refer 10 authority We quote from hfst Green
leaf Evidence on Section 48g:
The relations United States to each oher regard 70 all
General by the National Con
saon " foreign states close Friendship each being
oreign and independent"
Again. SEQ same author Section 60i:
regard u the several comprising United States has
already been that though they sovereign AID independent IN all