The democrat. [volume] (Weston, W. Va.) 1868-1874, 1869-04-26
STATES OR TERRITORIES!


Court Of the United sta.es, ii liz Texas
Case, is one whose Importance cannot DC
over estimated. and while the whole opin-
ion of Chief Justice Chase, who delivered
the opinion Of iihe! Court,.is abl[c' ana fill
Of interest, We arc compelled to contour,
ourselves with i,hort' commentary e
Tie case n i ii,i,iiss; Tie .stato s,oef
Texas brought an original suit in the
Supreme Court, Ginning certain bonds
Of the United States as her, property,
asks an injunciont to restrain the
defendants from receiving payment from,
tho National Government and to .coW.
pei the surrender Of tho bonds
to the State. 1t appears g fen, III billls
answers, and proofs that the United, States
by act Of September 9, 1850. offered to
the State Of Texas ia ia compensation for
her claims. copnsc!Sdi With The settlement
of her boundry, $40 90 oo9 ip five, per
cent. bonds, each u, fol tie sum Fl 81 900,
and this oderIxas iaceepedLby Ta.ass
One half of these bonds we're retained,
for certain purposes, it, l,o ades hi National
Treasury, and Tie. othes half d
livered to tho State. Tho bonds thu;
delivered. we're dated January |, 1851,
and were all made payable 70 .bsslate Of
Texas. or bearer. and releclnabls after
tho 31st day Of December. 1854, They
wero received IN l,eh.lf Of tho State BY
the Comptroller oflPublie Acsouuts, IN.
der authority ofiansact Of The Lcgisla.
ture, which, besides giving that authority
provided hlstfno Aboo4 shouldvbe avaible
in tho hands Of any holder until after On.
dorselncnt blythe Governor Of tho State,
After the breaking out u The rebellion,
the insurgcnt Lesi,lsture Of Texas. on
the llth Of January, 1862, repealed Tie
act requiring tie endorsement. Of Tic
Governor, (Act, Of Texas, 1862 and on
the same day provided fon tho organization
Of military Board; composed If the
Governor, Comptroller, and Treasurer, and
authorized majority Of that board to
provide for the defence of the State BY
means Of any. bonds 10, the Treasury,
upon any accounts, TO the extent Of
81 100000. (TexasI.aws ofhlS62, p.
$50 The defence contemplated by the
act was to b made against tie United
States by war.
Bnder this authority the military board
entered into on. agreement with George
W. White and John Childs. two Of the
defendants, for The sale 70 them Of one
hundred and thirly-hye Of these bonds,
then in the treasury Of tho State, and
sevsnty.si1 more, then deposited With
Droege &C., IN England, fragment
for which they engaged to deliver TO the
board larg. quantity Of cotton cards and
medicines. This agreement was made on
.ho1Ah Of january, 1856. Oh III. 18th
of March. 1866 White and Ohilds re.
ceived from HE military board one hund.
red and si.iy-hvc of the bonds, mono Of
Which ver. endorsed by my Govenof o.
Texas. Aftstward, in The course of the
years 1865, and 1866, some Of tho same
bonds came into the possession Of others
Of The defendants by purchase or as Sc.
curity for advances Of money. 49,,
The first point raised by the defence
was that no sufficient authority Is
shown for The prosecution Of the suit in
the nume and on belnlf Of the State Of
Texas, and, secondly, that the State,
having severed her relations with ,na :.
jority Of the States ;of 1.-The Union, and
having, BY her orlihnnccof secession At
tempted to throw, oif.l,cr allegiance 10 the
Constitution and. Government Of tie
United States, has 50 far changed her
status a'to be disabled from prosecuting
suits IN the nat i.bal courts.,' .n'..
Upon I'll" first allegation. the court .,le-
cidcl "ihAt the le.tcr&M authority issucl
by JsW.Tm ekmot,on, VII = was rlec 4
Governor Of Texas. under The Con,i,d
lion Of 1865, aid tl.t Of. ALL llaMil.
ION, while Provisional Govcner, and that
Of EN-. l'ease, lie actual Govenor
we'e valid" thus deciding that The State
wnsat all times since the close Of tho war
State In fatt,nnd "a such, the'nc,s ol
her Executives we're entitled 10 fill
credit. 90" (. ''" -" H,
The second point raised Tue question
Of jurisdiclion The points osre. briefly
stated IN tho opinion from which We
qn0ts:--" is hot to ID questioned dit
llt' con't l,a. original Jurisdiction Of suits