The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1869-04-15

Unitcd States Supreme Court--ImPor-
tnnt opinion.
In the United States Supreme Court Mon
day the Chief Justice delivered the opinion OF
the court If the case OF the State Of Texas vs..
George W. White ct al.
The opinion settles some important prinoi-
pies. LIST. That tina authority OF the Proyis-
ional Governor Hamilton authorized Judge Pas
chal to prosecute the claim OF Texas to the
bond; that the authority OF Governor Ihrock-
morton authorized B. F. Epperson to sue out
the injunction; and the power OF Governor
Pease to Judge Pascha authorized him to pro-
secute the suit
2d. That the annexation Of Texas made it o
State of the Union and that no act OF the citl-
zens and government OF Texas alone has or
could dissolve that relation; that during the
rebellion there were no officers OF the United
States acting in Texas but yet the people re-
NAMED citizens OF the United States and the
State a State OF tho Union. The opinion then
roviews the ordinance Of secession and tho his
iory OF tho attempted disruption.
81. That the ordinrnce OF secession and all
the Legislative acts III aid OF the rebellion were
null aud void; that the Legislature was on ille-
ral body but that il was unnecessary to decide
low mauy OF their acts for the government OF
society we're valid. It is sufficient that the
United States bonds IN controversy were
the property OF Texas ct the time Of secession;
and that law Of Texas required their transfer
by IN endorsement by the Governor; that no
creating the military board OF Texas, repeating
the law requiring tho Governors endorsement,
nnt placlny tho bonds in tho hands OF White d
Chllds, were acts in aid Of the rebellion, and
their possession was subject tc the title ol
Texas.
4th That it is difficult to resist the conclu-
sion that the purchasers from White & Chlds
had notice that their title Was contested, but
it is sufficient that the present claimant re-
ceiv, the bonds after their maturity, and the
doctrine OF innocent purchaser in good faith
does not apply to those who obtained the paper
after its maturity, but they take subject TO the
equitable title OF the rghtfuI owner.
9th. The State of Texas has the right to re-
cover the bonds and perpetuate the injunction
and 1T s decreed accordingly.
In the course OF the opinion the Oa1ef jus.
tice reviewed the condition OF Texas at the
time of the downfall OF the rebellion, the abdi-
cation Of its government by Its principal Off.
GERS, the fight OF those officers to Mexico, and
the general anarchy which prevailed; and he
held that under tho power to adopt all neces-
sary means to protect the delegated powers, to
see the laws faithfully executed, AMI to guar
antee republican form OF government to the
States. the President had the right to appoint
a provisional governor, and to organize socle-
ty; and without deciding upon his power to
call q convention to adopt constitution, he
held that Congress, as the law-making power,
had the right to adopt the meas Tres necessary
to restore the States to their proper relation to
the Union, and that Congress had recognized
these governments as provisional. Be advert
ed to the terms Of restoratlon-the adop-
tion of tho Thirteenth and Fourteenth amend
nents OF the institution; the passage Of the
Reconstruction laws, which Congress had the
right to .ss, and the successful res ;oratlon ol
the majority Of the rebel States under those
laws. He renewed the emancipation proca-
nation of President Lincoln. and. without de-
Gliding its Immediate effect, he said that the
surrender OF the robellson and the amnesty
oaths of PresidenG Johnson made It effectua
and the slaves thus emancipated became par;
of tho people OF ths United States, and the
states in which they were remained States II
the Uuion, with the ri ,hL in Congress to pre-
scribe tho terms of restoration. The opinion
is exceedingly able and interesting.
Justice Grler dssented as to The merits anc
Jurisdiction OF the case, holding that Texas
bas no more right to bring suit in the Supreme
Court than has the District OF Columbia. Tex
was not in tact, State OF the Union.
Justices Swayne and Miller dissented as te
iurIsdotlOu only,