The New York herald., 1869-07-07

be stntef Or, If nos did the State cease to be .
length the question whether the right Of state %
withdraw from the Union for any cauaB, regarded
by herself as suiiicent Is consistent with the cos
tuition Of the United States. The union OF the states
never was purely artificial and arbitrary relation
II began among the colonies, and grew out OF COM
similar interests and geographical relations. 1t was
confirmed and strengthened ny the necessities OF
war, and received definite form, and character and
sanction from the ARTICLES OF confederation. BY
these the Union was soemnly declared to "be per-
pet1al." And when these articles were found to be
lnadequate to the exigencies OF the country the con-
sutntion was ordained 10 form more perfect
nnonn IL Is difficult 10 convey the idea OF indisso
can be indissolubie II a perpetual union made
more NOR ,ssn,nh perfect notl But the ppny perpstaW
implies @ the oss Of Of ,ns dstisct a0n and IN indvidna %
existence or OF the right OF selfgovernment by the
States Under the articles OF confederation each
pendence, and every power Jurisdiction and right
not expressly delegated to the United States. Under
were much restricted still ali powers not delegated
to the United States nor prohibited to the States are
reserved to the states respectively or to the peoples
and we have already had occasion to remark at this
term that 'the people OF each State compose q
State, having its own government and endowed
pendent existence" and that "with0ut the States in
union there could be no such political body as the
gon.j Not only therefore, can there be no loss OF
separate and independent autonomy TO the States
through their union under the constitution but IL
may not be unreasonably said that the preservation
Of the States and the maintenance Of their govern.
ments are as much within the design aud care OF
the constitution as the preservation OF the Union
and the maintenance of the national government
The constitution, IN all its provisions, looks
to an whe% e,Ss Of
became one OF the United States she
entered into an indissOuble relation. All the
obligations OF perpetual union and all the guarantees
OF republican government IN the union attached at
once to the state. The act which consummated her
admission into the union was something more than
a compact; it was the incorporation OF new mem
ber into the political body. And IL was flnal The
union between Texas and the other States was as
complete, as perpetual and as indlssOuble as the
union between the original States. There was no
place for reconsideration or revocation, except
through revolution or through the consent or the
States. Considered, therefore, as transactions un-
der the constitution the ordinance or secession,
adopted by the convention and ratified by majority
OF the citizens or Texas, and all the acts OF her Le
gslature intended to give effect TO that ordinance
were absolutely null taey were utterly without ope
member Of the Union, and OF every citizen Of the
State. as a citizen of the United States, re-
follows that the Sta,e did not cease to be a
State, nor her citizens TO be citizens Of the Union
II tins were otherwise the State must have become
foreign and her citizens foreigners. The war must
have ceased to be suppression OF rebelliSn and
must have become q war for conquest and subju-
CATION.
to be State, and State Of the Union, nOtwlth
standing the transactions to which we have already
not in conflict with any act declaration OF any de-
partment Of the national government, but entirely
IN accordance with the whole series of such acts and
declarations since the first outbreak OF the rebellion
But in order to the exercise, by State Of the right
to sue in this court there needs TO be state govern
ment, competent to represent the State In Its rea
tons with the national government, far, at least,
as the institution and prosecution OF suit Is con-
cerned. And 1t is by no means logical conclusion,
from the premises which have endeavOred to estab
ls that the governmental relations Of Texas to the
Union remained unaltered. Obligations often remain
impaired, while the relations are greatly changed.
The Obligations Of allegiance to the State and OF
obedience TO her laws. subject to the constitution OF
s snsS 'e faithful acs or a 20
them; but the relations which subsst while the
obligations are performed are essentially different
from those which arise when they are disregarded
and set at naught, and the same must necessarily be
true OF the Obligations and relations OF states and
citizens to the Unlon No one has been bold enough
government hostile to the United States and, In anil
lat0n with hostile confederation, wagng war upon
the United States, Senators chosen by her LeglSa-
ture representatives elected by her citizens were
entitled seats in Congress-; or that any suit nsti-
tuted In her could be entertained In this court.
All admit during this condition Of civil war the
rights of the State member, and OF her people.
a. citizens OF the Union, were suspended. Inc gov
recognize their constitutional obligations, assumed
the character Of enemies, and incurred the conse.
quences Of rebellion. These new relations imposed
new duties upon the United States The first that
OF suppressng the rebeiOn the next was that OF re-
establishing the broken relations of the State with
the Union The first Of these duties having
been performed the next necessarily engaged
the attention of the national government The
authority for the performance of The first had been
found IN the power TO suppress insurrection and
carry on war; for the performance OF the second au
th0rity was derived from the obligation OF the
United States TO guarantee to every state in the
Union republican form Of government. The latter,
indeed IN the case Of rebellion which involves the
government OF State and for the time excludes the
national authority from It's limits, seems to be 4
necessary complement to the former. or this the
case OF Texas furnishes striking illustration When
the war closed there government In the
State except that which had been organized for the
purpose OF waging war against the United states
That government Immediately disappeared. The
chief functionares left the State Many of the sub
ordinate officials followed their example Legal
responsibilities were annulled or greatly impaired
1t was inevitable that great confusion should pre-
vail. II order was maintained 1t was when the
good and virtue OF the citizens gave support
to local acting magistrates or supplied more directly
the needlul restraints. great social change
increased the difficulty of the situation. Slaves IN
the insurgent States, with certain local excep-
tions had been declared free by the proclamation OF
emancipation, and whatever question might be
made to the eject OF that act under the constltu
ton, 1t clear from the beginning that its practi-
Cal operation, In connection with legislative acts OF
like tendency, must be complete enlranchlsement:
slaves became freemen. Support to the acts OF Con-
gress and the proclamation OF the President con-
cernng slaves, was made condition OF amnesty
Q3 u. S. St. 737) by President Lincoln in December,
1853 and by President Johnson in May 1865 (3 U. 5.
ST. 1851 and emancipation % was confirmed rather 9sr
amendment TO the constitution, prohibiting slavery
throughout the United States, which was proposed
by Congress in February. 1855, and ratified, before
the close or the following autumn by the requisite
threefourths Of the states. the new freemen neces-
sarily became part of the people, and the people
still constituted the State, Tor States, ike midi
viduaIs, retain their identity, though changed 10
some extent in their constituent elements and it
TITLED the benefit Of the constitutional guarantee
There being then, no government in Texas IN CON
stitutIOna relations with the Union, II became the
duty of the United States TO provide for the restora
ton Of such government But the restoration Of the