The New York herald., 1869-07-08
UNITED STATES SUPREME COURT.
The Unreconstrucsed States-Tbeir Rebel Or
ganizations and Present sStatus--Disse ntins
View Of MIR, Justice Crier in the Texns Case.

Tie UnrecOnstructe Statcs-Thcir Rebel Or
ganizations and Present status--Disse ntins
View OF MIR. Justice Grier in the Texns Case.
The State Of Teras rs. George W. White ana OH
ers-Bm ia Eqi,uy.-Mr. Justice Grier dissenting,
delivered the following OpniOn:-
regret that am compelled to dissent from the
opinion OF The majority OF the court AL the points
raised and decided In this case Tue hrst question
III order ~ the jurisdiction OF the entertain
this bill IN behalf OF the state OF Texas The original
Jurisdiction OF tins court can De invoked only by one
or the United States. The Territories have no such
right conferred on them by the cons itution, nor
nave the Indian tribes, VINO are under the protection
oil the military authorities OI the government Is
Texas one OF these United StatesS Or was she such
at the time this bill was ied or sincef This n 10
be decided as political fact not rs legal fc-
ton: This court Is bound TO know and nouce the
public history OF the nation. If regard the truth OF
history Tor the last eight years l cannot discover
tue State OF Texas one OF these United States
DO not think necessary 10 nOIce any OF the very
many astute arguments which have Deen advanced
by the learned counsel IN TINS Case 10 INA the deli
Mtlon oil state, when we nave tue sub ect treated
IN clear and common sense manner and without
any astlte Jud cal aDst actions by Chief Justice
sab, IN the case OF Hepburn Dundass vs. Elrey (2
Cranch 452) AS the case Is short ana clear, hope
to be excused for q fu report OF the case stated
ahu a deSiic1 Oy tne court. "Lne QUESTION says
dents OF the District Columbia, inaIntaiu an
action IN the Circuit Court OF the United states tor
the District Of Virginia. Tnis depends on the act OF
Congress describing the jurisdiction Of tnat court.
Toe act gives jurisdiction to the Circuit Courts IN
cases belween u cililen OF the state IN which ths
sHt is brought and q citizen OF another sta o.
10 support the jurisdiction in thus case,
= must appear that Coiump,a is state On the
part OF The planti IL has been urged that COumDla
Is distinct political society, aud is, therefore,
State according to the definition oil writers gene
viousiy uses the word state IN reference that
term AS used IN the constitution. II becomes neces
sary to inquire whether Columbia ~ a State IN the
sense Of tnat instrument. The result Of thas eXaml
nation is conviction that the members Of the Amer
lean conederacy, only, are the states contemplated
Ill the constitution The House Ol Representatives
,JYt
OF the several States, and each state snail have at
least one representative The Senate or theiU nited
States snail he cOnpoe ed OF two senators from each
State. Each State shall appoint Tor the election OF
the Executive number OF electors equal to It's
whole nuinber OF Senators anu Representatives.
These clauses show thai the word otate'a Is used In
the constitution as designating member OF the
Union, and excludes from tue term the adjudication
attached TO IL by writer's on the law OF nations
Now, We have mere clear ana well defined test by
which VIC may arrive at conclusion with regard to
the questions OF Tact now to G decided.
Is Texas a state now represented by members
chosen by the people OF tlal Slate and received on
the noor CT Congress? Has she Two Senators to re-
present her as state III The senate OF the United
StatcsS Has her voice been ncard in the late eec-
ton oi PIesIdent2 Is she not now held and gov
crned as u conquered province by military force
The act OF Congres OF March - 1857, declares Texas
10 "rebcl state, and provides for itS govern
ment until a legal and republican State goyernlnen.
Could be legally established. it constituted LOuIsI-
and Texas The tiiCn Military Distrct, and made
i SUBJECT, DOT 10 the civil authority, out TO the
"ml,itary authorities OF ine United states" Ii is
true that no Or5anlzei rebellion now exists there
and the courts OF the United STATES now exercise
jurisdiction over the people of that province.
IN the Union. Dacotan is no state anu
yet the courts of the United States adm niser
Justice there rs they do in Texas. The Indian tribes
VINO arc governed ny military 1orce cannot cian to
be States OF the UnOn. Wherein does the condition
OF Texas diier lr0m lhcirsr Now, by assuming or
admitting as fac. the present status OF Texas ~
Sate not Ia the Union politically, beg leave to pro-
test agalst any charge OF inconsistency as to
oi this court silently aSseDted to- l do not con-
sider myself bOund 10 eXpless any opinion judi
cially 10 the constitut right OF Texas eXer
cise the rights and privileges q, state OF this
Union, or the wer OF Congress- To govern her aS
conquered province; 10 suhec ner to mnitary DON'T
nation ana Keep her 10 puplaee. can only submit
to the fact rs decided 0y the political position OF the
government, AID am MT disposed to JOIN In "
the Union wnen Congress has decided that sne Is
not. II Is question Of fact, repeat, ana OF fact
whether rghtiully out of IL or not IS q
question not before the court and am not
called on to coniute fact with syliogsms:
But concedng now the facs to be as 5udiciay as
sumed by my brethren, the next question Is whether
sne has rignt TO repudiatc her contracts : Before
proceeding answer this queston we must notice
fact IN this that was forgotten IN the argu-
ment mean That the United States is no parry to
this SUIT and refusing pay the bonds because the
money paid would be used to advance the interests
OF the rebellion IL is matter OF utter insgniil-
| canoe to the government OF the United States to
| whom sne makes tue payment Of these bonds.
They are payable TO the bearer. The government is
not bound to inquire into the tOna JtdeS OF the
with the bonds wisely or foolishi,; and although by
the reconstrue et she Is required 10 repudate
AL debts contracted Tor the purposes OF the rebel
lion, tins does annui al! acts OF the State gov
ernment during the reoeilion contracts other
purposes authorize the state to re- udiae them.
Now, whether we assume the state Of Texas TO be
jud.caily In the Union UhOugn actually out OF it
not, IL will not alter the case. IDe contest
between the state of Texas and her own citZens.
Snc seeks TO annu contract with the respondents,
based Oh the allegation tnat there was no authority
In Texas competent 10 enter into IN agreement dur
ing the rebellion. Having relied upOn one Judicial
hcon, namely. tnat she Is Stale IN the Union, she
now relies upon second one, Whlc1 she wishes this
court to adopt, tnat she was not stare at all during
the tive years that sne was IN rebellion. She
sets up the plea OF insanity, and asks the court 20
treat ali her acts during he disease "a vold We
nave 1ad some very asuc logic To prove that judi
ca " SIZE was not state at all, although governed
by ner own legislature ana executive as "a distinct
political body"
rue ordinance Of secession was alopted by
the Convention the lsth FcbruacY, 1851,
submitted TO vote of the people AMI
ratified by overwhelming majority. | ad-
mt that this vas very iil-adyIscd measure. Stiil
1t the sovereign act of aSoverelgn StaLe and the
verdict on the irial OF this question "by batc' Prize
cases, Black, 6l3l ~ TO her right 70 secede mas
been against her. But that verQicr did setle
any question not involved IN the case. II did not
settle the question of her right 60 plead insanity aud
set asid3 al ier contracts made during the pending
OF the trlai with her own citizens for food clothing
and medicines. The same organized political
sody; exercising the sovereign power OF the State,
which required the endorse ment OF taese bonds by
the Governor. also passed the laws authorizing The
cdnnot, IKE Tie chameleon, assume the color OF
the object to which she adheres, and ASH this
court TO invoive itself in the contradictory
position that she ~ STATE IN the Union
and never out of IT, yet not
state at al for iour years, during which she acted
and claims to be ian organized political body eN
crclsig all lie powers and functions Of an indc-
pendent sovereign state Whether State Ge 6tc0 or
de nae she II estopped lron denyng ner Identity IN
disputes with her own citizens II they have not
nued Their contract she can have her legal remedy
for the breach Ot ~ her own courts But the case
o Iardenburg dhels from tiiat Oi the other de-
PENDANTS, He purchased thesbonds III open market,
bOip Roe, ana tor iu consideration. Now II s
10 be observed that these bonds are payable to
bearer. ana tnal Tins court IL appealed TO ~ conrt
vi equity. Tue argument 20 jtstiff decree in favor
ul the cobnnonwc ,ith U feSas, ;is against harden
burg. is simply tns: These b1Gd, though pay able
t1 bearer reueCmaue fourteen years FROM date.
Ine goscrnm NJ hRs exercised her privilege Of paw
lug The interest for u term WITHOUT redeemIng the
nrinOlyai winch gives an additional value tle
bonds. ERGO, the bonds arc Oisnonoreu. Ergo The
iormer owner has n right To resume tine possession
Of tdein and reclaim thcn from UO1sd nae
owner " decree oi court OF u1utty. 1nis II the