The New York herald., 1869-04-13
NEW YORK HERALD TUESDAY APRIL 3 -QUADRUPLE

sented In the Congress OF the United States ny her
senators ana Representatives ana iher relation as
| member OF the Union remained uniinpaired. In that
year, acting upon the theory that the rights OF a
state under the constitution might be renounced
dertOok sever the bond thus and to up
her constitutional relations IN the United states
on The LIST of February tPaschals Digest, Laws OF
but subsequently sanctioned by the Legislature regu.
iarly elected, adoped an ordinance to dissolve the
| union between the State OF Texas and the other
States under the constitution of the United States
whereby Texas was declared to be q separate and
sovereign State" and cher people and citizens" 70
be ''abs0lved from all allegiance to the United states
| or the government tn ereof." 1t was ordered by
iature-Laws OF Texas, isss-d. D. li~that this orci
nance should be submitted to the people for approval
Without awaiting, however the decislon thus sI1l ,n
| voked the convention, on the 4th Of February,
adopted resolution designating seven delegates to
represent the State In the convention OF seeding
states at Montgomery. 'in order. the reso ut,on
declared 'that the wishes and interests OF the peo
| constitution and provisional government that may
be established by said convention" Before the
had appointed Committee OF Public Safety,
ana adopted an ordinance giving authori-
obtaining possession or the property OF the United
States IN Texas, and for removing the nauonal
The members OF the committee and all ofncers and
agents appointed, or employed by it, were sworn to
secrecy and to allegiance TO the State. Paschals
Digest so. Commissioners were at once appointed.
with Instructions to repair TO the headquarters OF
General Twiegs then representing the United states
in command or tine Department. and to make
ment of the purposes Of the COMMITTEES. A
military force was organized, In support OF
these demands and an arrangement was effected
with the commanding general by which the United
States troops were engaged to leave the State and
to the reaoval Of the troops were surrendered TO
the commissioners. Crexan Reports OF the Commit
tee. Library OF Congress, page 45.) These transac
tions took place between the I'd and the 18th OF
February and 1t was under these circumstances that
the vote upon the ratification, rejection, OF the
dlnance OF secession taken on the 23d OF Febru
ary. IL was ratified by majority Of the votes OF
the State.
The Convention which had adjourned before the
vote was taken reaSsembled on the I'd OF March,
and instructed the delegates, already sent to the
Congress OF the seeding States, to apply for adms
sion into the confederation, ana to give the adhe-
sion OF Texas to Its provisional constitution. IL
proceeded also to make the changes in the state
constitution, which this adhesion made necessary
| The words 'United Statesn were stricken out
wherever they occurred and the words Confederate
Staes substituted and the members OF the LeglSla
ture and all officers of The state were required, by
the new constitution to take oath OF hdelity to
the constitution and laws OF the new cOntederacy
Before, indeed, these changes In the constitution
| had been completed, the officers OF the State
had been required to appear before the committee
and take an oath Of allegiance to the Confederate
states The Governor and secretary of State, reus
ing TO apply. were summarily elected from 0iice.
The members OF the Legislature, which had also
adjourned and reassembled on the 18th of Marcn,
were more compliant. They TOOK the oath and pro
ceeded the sth Of April to provide by law for the
choice OF electors OF President and Vice President of
the Confederate States The representatives OF the
state In the Congress OF the United states were with
drawn and, as soon rs the seeded States became
organized under constitution Texas sent Senators
Representatives to the Confederate Congress.
he accomplished by ordinances OF the
Convention, by acts of the Legislature
and by votes of the citizens the relations of Texas to
| the Union were broken up and new relations to
| new government were substituted for them. The
position thus assumed could only be maintained By
| arms. and Texas accordingly took part with the
other Confederate States IN The war Of the rebellion,
which these events made inevitable During the
whole OF the war there no Governor or Judge
any other state officer In Texas who recognized the
NATIONAL authority. Nor was any officer OF the United
States permitted 10 exercise any authority whaever
under the national government within the limits OF
the State except under the immediate protection of
| the national military forces.
Did Texas In consequence OF these acts cease to be
state or II not, did the State cease to be member
OF the Unlong II needless discuss at length the
| question whether the right OF STATE To wita-
draw from the Union for any Cause regarded 10y
herself as sufficient Is consistent with the cOnstitu
tion Of the United States. The union Of the States
| never was purely ertincia ami arbitrary relation.
IL began among the colonies aud grew out of com
| mon origin, mutual sympatues, kindred principles,
similar interests and geographical relations. 1t was
| confirmed and strengthened by the necessities OF
war. ana received definite 0;m, and character, and
sanction rom the articles OF confederation by
| these the Union was soemnly declared
70 "oe perpetual" and when these articles were
found to he inadequate to the exgencies of the
| country the constitution was ordained 40 form
more perfect union" II is diilcut to convey the
idea OF ndissouble unity more clearly than by these
| words. What can be indssouDle II perpetual
| union made more perfect is not!
But the perpetuiiy aud indissOnbility or the Union
by means implies the loss Of distinct and ndiyi
dual existence or OF the right OF selfgoyernment by
state retained its sovereignty, freedom and nde.
| pcndence. aud every power, jurisdiction and righs
not expressly delegated 10 the United States. Under
! the constitution though the power OF the States
much restricted. still all powers not delegated
10 the United states nor prohibited to the States
reserved TO the STATES respectively TO the people
And have already had occasion TO remark at ihfs
term that "the people oil each state compose state
| having Its own government and endowed with all
the functions essential to separate and Independent
| existence and hat without the states In union
there could be no such political body as the United
States (Neyaaa.l Not only, therefore, there be
no loss OF separate and Independent autonomy to the
states through tneru union unter tine constitution,
bat IL may be not unreasonabiy said that the preser
| vaon of the states and the maintenance OF their
| governments much within the design and care
OF the constitution the preservation Of the Union
, ana the maintenance or the national government.
rhe constitution IN all its provisions looks to
destrnctible Union, composed OF indestructible
| states.
| when. therefore, Texas became one OF the United
States she entered into lndissO!ube relation. All
the obligations OF perpetual uDion and all the guar
! ant-es OF the republican government In the Union
| attached at once TO the State. Tue act which
summated her admission INTO the Union was some
thing more than compact; II was the Incorporation
| OF a new member INTO the political body, and II
nn9l The union between Texas aud the other States
was as complete, as perpetual and as indlssolube
the union between the org nal States. There was
no place Tor reconsideration or revocation,
Of She states. Consdered ihererores az trans.
| actions under. the constitution, the ordinance
OF secession, adopted by the convention and ratI-
| ned by majority OF the citizens OF Texas and all
the acts OF her Legislature intended to give effect
| that ordinance, were absolutely null. They were
utterly without operation In law. The obligations
Of the state, az member OF the Union ana every
citizen OF the State, citizen Of the United States
| remained perfect ana unimpaIred. X necessarily
follows that the state did not cease TO be state.
nor her citizens TO be citizens OF the Union. II this
| were otherwise the state must have become foreign
| and her citizens foreigners. The war must have
ceased to be war for the suppression Of rebellion
| and must have become war FOR conquest aud sub
| jugation
Our conclusion, therefore, IL that Texas continued
| te be state, aud state OF the Union, notwith.
standing the transactions to which we have referred
Ana tins conclusion, in judgment IL not In con.
| ffct with any act or declaration OF any department
OF the national government put entirely In accord.
with the whole series OF such acts snd declara
tions since the rs' outbreak Of the rebellion But
IN order 70 the exercise by state OF the right to
~. aIan Il. .LA..