The New York herald., 1869-07-07

subverted, or In imminent danger OF being
0verthrown by an opposing government set up ~
must, therefore, be considered as provisional, and
In that light seems to have been regarded by Con-
gress. II was taken after the term OF the Thirty
eighth Congress had expired. The Thirty ninth
Congress which assembled In December, 1906, fob
lowed by the Fortleih Congress which met in March.
1857 proceeded, after long deiiberation, to adopt
various measures Tor reorganization and restora-
tiOn. These measures were embodied IN proposes
amendments to the constitution ana In the acts
known as the reconstruction acts which have been
so far carried INTO effect that a majority OF the
States which were engaged In the rebellion have
been restored to their constitutional relations under
forms of government, adJudged TO pe republican by
Congress, through the admission OF thelr senators
and Representatives into the COUNCILS or tue union.1
Nothing in the before US requires the Court TO
pronounce Judgment upon the constltutonallty Oh
tant To- observe that these acts themselves snow hat
the governments which had been established anu lad
been in actual operation under executive uirectons
were recognized by Congress as PROVISIONAL, AS
existing and as capable Of continuance. BY
the act OF March 1857 tU. S. st., 42s the nrst OK
nounced illegal and were subjected to military con-
troll and are declared to be provisional onlyi ana py
the supplementary act OF July TO- 1867 the tnrd % o.
true intent and meaning OF the act OF March tiaI
the governments then existing were not legal STATE
governments and II continued were TO be continued
subject 70 the military commanders OF the respective
districts and to the paramount authority Vi Cou-
gress we dH Sa ngs craaion so FAR % as IL relates 10
military authority or to the paramount anthorty OF
Congress. IL suilces TO say thaL tne tefis Oi lno
acts necessarily imply recognition OF actually exist
ing governments and that IN point OF Iact tne gov
ernments thus recognized, In some important re-
spects still exist. What has just been said gener-
ally describes, with sufficient accuracy the situation
OF Texas. A provisional Governor Of the state was
appointed by the President In 1865; in 1856 ID
Governor was elected by the people nnder the
constitution OF that year; at a subsequent date y
Governor was appointed by the commander OF the
district. Each OF the three exercised executive
functions and actually represented the State Ia the
executive department. In the case before MS each
has given his sanction TO the prosecution OF the SUIT
and we find no dniculty without investigating the
legal title OF either to the executive Office, IN held-
ing that the sanction thus given sufficiently war
ranted the action OF the solicitor and coansei IN be-
half of the State. The necessary conclusion is thae
the suit was instituted and Is prosecuted by COM
petent authority. The opinion then proceeds to the
merits and after full consideration, concludes that
the State Of Texas Is entitled to The relief sought,
and that decree must be made accordingly, as her
rebel Legislature without authority TO oind the
faith OF the State against the United States
The opinion has been abridged by about one-hali:
A dissenting opinion Will appear hereafter, read
by Justice Grer and concurred In as to the question
Of jurisdiction by Justices Swayne ana Miller,