The democrat. [volume] (Weston, W. Va.) 1868-1874, 1869-04-26

or that tho Ntates enlltlcu 10 invoke thls
jurisdiction must be States Of the Union.
But it was equally clear that no such
jurisdiction has been conferred upon this
court of suits by any other political com-
lnuni'ies than such States. If, therefore,
it is truetllat the State of Texas was not
now one Of the United States, we have
no jurisdiction of this suit, and it is our
duty to dismiss it.s@1 5Mef
The Chief Justice then gave an able and
concise review of the formation Of the
Union and the admission Of Texas as
State, q summary Of the acts Of her
people which eliminated in the passage Of
,hel ordinance Of secession, and actual
armed rebellion, aud then, 1--WE quotc)
asked, "did Texas in consequence of.lhase
acts couse to be State. Or, il not, did
the States cease to be a member Of the
Union! 1t is needless to discuss al
length the question whether the right Of
a State to withdraw from the Union for
any calsc-regardcd byhersclf as sufficient
is consistent with the Constitution Of tic
United States. The Union of the State,
never was a purely artificial and arbitrary
relation, 1t began among the colonies,
and grew out Of common origin, mutual
sympathics, kindred principles, similar
interests. and geographical relations.
1t was confirmed and strengthened by the
necessities Of var, and received definite
form and character and sanction from the
Articles Of Confederation. BY these the
Union was solcnlnly declared to 'bc per-
pctual,' and when these articles were found
to be inadequate to the cxigencies Of
the country, tile Constitution was ordained
TO form q more perfect union 1t is
difficult to convey tho ideas Of inlissolu-
blc,unity more clearly than. by tue words.
VIA, can DC imlissldh Ja perpetual
saion made more 7srfect isaol3oor
But the perpstuity and indissolubility
Of the Union by no means implies the loss
q distinct and individual existence or Of
the right Of tclf:govarnmcnt by the States.
Underline Articles of Confederation each
State retained its sovereignty, freedom,
and independence, and every power,
jurisdiction, and right not expressly dele
gated to tho United States. Under III.
Constitution. though Tho power Of the
States were much restricted, still all
powers no. delegated to the United States
nor prohibited to the States arc reserved
TO the States respectively or 70 the people.
And We have already had occasion to re-
mark at this term that the people Of each
State compose "a State, having its own
government and endowed with all the
functions essential 70 separate and indie
pendent existence and that without the
States in union there, could be no sue,
political body as the United States. Mt
only therefore, can there enc loss Of sepa.
rate and Independent autonomy 10 The
State, through their union under tic Con.
aitution; but il may lie not !unrcasona1iy
said that Mepreserraiion cfhe States aud
tic maintenance Of their Governments
arc as mneh uithin the design and care
Of Tie Constitution, as the rrecrrolioa
Of the Unioa and the n,oi,uinaace of
the National Government. Tile Cdn-
situation, IN all its provisions, loohs
to an indestruaiUe Union, composed Of
indeaructiue Sdtci. 'fuf q
When, Therefore, Texas became one Of
the United States, she entered into an in
lissoluble relation. All the obligations
Of perpetual union, and all the guarantees
Of the republican government in the
Union attached at once to the State.
The act which consumated her admission
into the Union was something more than
a compact +; It was the incorporation Of a
now member into the political body. and
it was final. The union between Texas
and tho other States was complete,
as perpetual, and as indissolublc as the
union between tic original States There
was no place for reconsideration or revo-
cation, except through revolution or
through consent Of the States. Cohsid-
cred, therefore, as transactions under the
Constitution, the ordinance Of secession,
adopted by the convention and ratified by
majority Of tlesci'izens 81 Texas. aud
all the acts Of her Legislature, Intended
to give effect to tia, ordinance, were alb.
,olu,cly null. They were utterly wi.lou.
opcrutiOn'in law. The obligations Of the
State, as a member Of the Union, and Of
3.