The New York herald., 1869-07-07
UNITED STATES SUPREME COURT.


the Cuso Of Texas.
TIE STATE or 2eras, Complainant, Us. george ".
White John Chiies, John A. Hdrdendury ana
Others.-Bil In Equity. This is an original SUIT III
this court, in which the State OF Texas, claiming
certain bonds Of the United States as her property
asks an injunction to restrain the defendants rom
receiving payment from the national government
and to compel the surrender OF the bonds TO the
State alleging that they were unlawfully negotiated
by rebels against governments OF the state ana
OF the United States who administered the affairs OF
the State during the The facts OF the case are
familiar and the principal question involved was
whether Texas ID State in the Union now c0mpe-
tent to sue In the federal courts. After an elaborate
statement OF facts the Court OH this point say, Mr
Chief Justice Chase delivering the Opinion:-
It Is not 10 he questioned tnat this court has 0rigi
nal jurisdiction of suits by States against citizens Of
other States or that the States entitled to invoke
this jurisdiction must be States OF the Union. But
is equally clear that no such jurisdiction has been
conferred upon this court OF suits by any other po-
ltical communities than such States. II, therefore,
1t is true that the State Of Texas was not at the time
of fling this bin, or is not now, one Of the United
States have no jurisdiction OF this suit, and 1t is
our duty to dismiss it. We very sensible OF the
magnitude and Importance Of this question, OF the
interest it excites and OF the dculty, not to say
impossbliy, Of 80 disposng Of 1t as to satisfy the
conflicting judgments of men equally enlightened,
equally upright and equally patriotic But we meet
IL IN the case, and we must determine 1t IN the ex-
ercse Of our best judgment, under the guidance OF
the constitution alone. Some not unimportant aid,
however, in ascertaining the true sense OF the con-
stltution may be derived from considering what is
the correct idea of State apart from any Union Or
confederation with other States. The poverty Of
language often compels the employment Of terms in
quite dinerent sgnicatons; and Of this hardly any
example more signal Is to be found than IN the use
OF the word we are now considering. 10 would
serve no useful purpose to attempt an enumeration
OF all the various senses in which 1t Is used. few
only need be noticed.
IL describes sometimes people or community of
individuals united more or less closely in pOli,ica
relations, innabitlng sempO rariy or permanently
the same country often u enotes only the country
not unfrequenty 1t Is applied to the governments un-
der which the people live; at other times 1t repre-.
sents the combined idea OF people, territory and
government. 1t is not difficult 10 see that in all
these senses the primary conception Is that OF q
people or community: The people, In whatever
manentiy, and whether organized under regular
government or united by iooser and less definite
relations, constitute the STATE This Is undoubtedly
the fundamental idea upon which the republican
institutions vi our own country are established. II
was stated very clearly oy an eminent 5nage Mr
Dali, 93) in one OF the earliest cases adjudi-
Gated by this court, and we are not aware of
anything in any subsequent decision OF different
tenor.
In the constitution the term State most frequently
expresses the combined idea just noticed Of people,
territory ana government State IN the ordinary
sense Of the constitution, Is political community
OF free citizens occupying q territory OF defined
boundaries, and organized under a government
sanctioned and limlted by written constitution,
and established by the consent of the governed. 1t
is the union Of such States under common constl-
tuyion which forms the distinct and greater political
unit which that constitution desgnates as the United
States, and makes OF the peoples and states which
compose 1t one people and one country. The use OF
mark In the clauses which impose prohibitions
upon the states in respect to the making OF treaties,
emitting of bills OF credit laying duties OF tonnage,
and which guarantee to the States representation in
the House Of Representatives and Ia the Senate, are
found some instances OF this use In the cOnstitu-
. riOn. Others will occur 10 every mind. But 1t
it also used in its geographical sense, as in the
clauses which require that Representative In Con-
gress shall be an nhabitant the State In which
shall be chosen and that the trial oil crimes shall be
held within the State where committed. And there
are Instances IN which the principal sense OF the
word seems TO be that primary one TO which have
adyerted Of people or political community, as dis.
e to Se nsed IN the clause WSh nro
vdes that the United States shall guarantee TO every
State in the Union republican form OF government
and snail protect each of them against INVASION In
tns clause plain distinction is made between q
State and the government OF State Having thus
ascertained the senses In which the word estate" Is
employed in the constitution we Will proceed to
slider the proper application Of what mas been said.
The republic Of Texas was admitted into the Union
as State on the 9th Of December, lS45. BY this
act the new State and the people OF the new State
were invested with all the rights ana became subject
10 all the responsibilities and duties OF the original
States under the constitution. From the date Of
admission until 1861 the State was repre-
sented in the Congress Of the United States by
as member OF the Union renamed unimpaired.
In that year. acting upon the theory that the rights
Of state under @ the IN might be re-
Texas undertook to sever the bond thus formed and
to break up her constitutional relations with the
United States. On the lst Of February Paschars
Digest Laws OF Texas, 7s) convention, called with
out authority, but subsequently sanctioned by the
Legislature regularly elected, adopted ordinance
to dissolve the union between the State OF Texas and
the other States under the constitution ofhe United
States whereby Texas was declared to be ga sepa-
rate and sovereign state, and her people and cti-
zens, to be ''absOlved from all allegiance TO the
United states, or the government thereof" 1t was
ordered, by vote OF the convention PAS Dig s0)
| and by an act OF the Legislature laws Of Texas,
IS5961 p. III that this ordinance should be submit
ted to the people for approval or disapprova on the
the decision thus invoked the convention on tue 4t
Of February, adopted resolution designating
delegates to represent the State In the convention
the resolution declared, 'that the wishes ana iute-
rests of the people OF Texas may be consulted In
ference to the constitution and provisional govern
ment that may be established by said convention.
Before the passage OF this resolution the convention
| had appointed committee OF public safety, and
adopted an ordinance giving authority 70 that com
mittee to take measures for obtaining possession oil
the property OF the United States in Texas, and for
| removing the national troops from her limits. The
members Of the committee, and all 0flcers and
agents appointed or employed by II, were sworn Ia
| secrecy and allegiance TO the State tPaschal's Di-
gest, s0.) commissioners were at once appointed,
with instructions to repair To the headquarters OF
General Twggs, then representing the Unltei states
| in command OF the department, and TO make the
| demands necessary IOr the accomplishment of the
| purposes OF the committee. mltary force was
| organized in support OF these demands and an ar
| rangement was effected with the commanding gene
raj by which the United States troops were engaged
to the state, and the forts and all the public
property not necessary TO the removal OF the troops
! were surrendered to the commissioners. ffexar
Reports OF the Committee, Lib. OF Con-, p 45) These
transactions TOOK place between the 20 and 18th o.
February. and it was under these circumstances tha
the vote upon the ratification rejection Of the
| dnance OF secession was taken on the 23d Of Febri
ary 1t was ratified by majority Of the voters OF th'
| state.
The convention, which had adjourned before th'
vote was taken, reassembled On the "a day OF March
| ana instructed the delegates, already sent to th
Congress OF the seeding states, TO apply for admis
, sion INTO the confederation, and to give the I'D
besion of Texas to its provisional constitution.
! proceeded also TO make the changes IN the stat