Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1869-04-15
u. S. SUPREME COURT.
Highly Important Decisions.
-
Argument In the Texas Case.
m tns LoulsviLle courLer.JOurnal.I

From the Louisville Courier-J JOurnaLl
TIE ARGUMENT IN THE TEXAS CASE.
Tns decision Of the Supreme Court in
the Texas case, after relating facts as to
the alleged secession Of the Stats IN 1851,
ssys, ia ail respects, so fsr as the object
could be accom- pilshsd by ordinances OF
convention, Dy acts Of the Legislature,
ana by votes Of the citizens, the relations
o. Texas 20 the Union were broken up,
and new relations 10 u new government
were substituted for them, phe position
thus assumed could only be N maintsinsd
Oy arms, and Texas sccoriiugly took
psrt, with the c.her Confederate States,
IA &, e " AZ {, ,re6elli0n WHICH these events
made inevitable. During the whole Of
me war there was no Governor, or Judge,
or any other State officer ia Texas who
recognized the national authority, nor
was any officer VI the United States per-
mitted to exercise R0y authority what
ever under the National Government
within the limits OF he State except IN
DER the Immediate proJec Ion OF the na-
tional military forces. Did Texss, in
consequences OF these acts, cease 10 be a
Sgsts? ? or, II not, did the State cease to
be q member Of the Uaion? II is need
less TO discuss a. length the question
whether the rigdt of State to withdraw
from the Union, for any cause regarded
by herself a. sufficient, is consistent with
the Constitution of the United States.
pne UulOn OF the States never was q
purely artificial and arbitrary relation.
Is began among the colonies, and grew
out Of common origin, mutual symps-
thiss, kindred principles, similar inter
ssls, aRd geographical relations. IL was
confirmed aud strengthened by the ne
esssities Of war, and received definite
form and character and sanction from
the articles OF cOnie 3eration. By these
the Union was sUlsmniy declared to be
perpetual, ard when these articles were
iound to be inadequate TO the exigencies
Of the country, the Constitution was or
dained to fora " IaOre perfect Union. y
1t is difficult TO convey the idea OF in
dissolubls unity more clearly than by
these words. What can be indissOlube
il a perpetual union made more perfect
is not .? Bus the perpetui,y and indissol
ubility of the Union by no means impie:
the loss of distinct and individual exist
ence, or of the right of sslf-gOveTnment
by the States. Uoder the articles OF con.
federation each STATE retained its sove
reignty, freedom and Independence, and
every power, jurisdiction and right moi
expressly delegated to the United States
under the Constitution, through tbs
power Of the States were SO much re
strleted.
Still, all powers not delegated to tbs
! United States nor prohibited to the States
are reserved to the States respectively Ol
to the people, and we have already hsC
occasion to remark at this term that III,
people of Zach State compose a Stst'
! having It's own government and endowed
with al the functions essential to sepa
rate and independent existence, and tina
without the States In the URion ther,
| could be no such political body az tn,
luoited States.
Not only, therefore, can there be NJ
| loss OF separate and independent snat
ouny to the States through their union
under the Constitution, but IL may no
ba unreasonahly said that the preservs
! ton of the States and the maintenanc
! of their governments are as much within
the design and care Of the Constitution
as the preservation OF the Union and tn
| maintenance Of the national Govern
/ ment. The Constitution, In all its pro
visions, looks to an indestr1ctible nnion
composed ofindestruetibleS States. When
therefore, Texas became one OF the Uni
ted States, she entered into an iDdissOlu
BILE relation, and the obligation, perpetu
alton, and all the guarantees OF the re
publican government ~ the Union, wer
attached at once 20 the State.
The act whick eonsummsted her ad
mission into the Union was somethirt
more than q compact. 1t was the incol
poration Of q member into q politics
body, aud il was final. The union be
! tween Texas aad the other States was .