Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1869-04-17
ONCE 4 STATE ALWAYS A srAE

determination by the Supreme Court Of
the United States OF the great case of the
State Of Texas VS.. GEORGE W. WHITE.
ct al. This cause was important by rea
son of the very grave questions OF State
involved. We have not before Us the
opinion of the Court, and therefore can
give no satisfactory synopsis Of all that
was really decided. Oae point Of vitsl
interest, however, to the country was
ruled on the side Of Republican liberty.
That vas, that no State Of the Union
ceased to be E State by resscn Of the re
sIstance Of her people or authorities to
the Federal Government, but that escb
State on the downfall Of The rebellion, OF
the close of the civil war, remained an
integral and corporate State, unshOrn Of
any Of It's powers, and that its people
still continued citizens Of the United
States, cO-equal 10 rights with those Of
any other State. When the action OF
Congress since the termination Of tie
late civil war, so entirely adverse to this
view OF the mRtter, is considered, this
decision is full Of hope for the South sid
her people. Thus is jgdicisly deliv-
cred by the highest Court in the
Union, the precise idea IS to The
political condition of the seeding
States on the surrender OF their armies
which was the basis Of the famous sr.i-
cles OF cspituistion, or cOncordst between
Gen. JOHNSON, Of the Confederate, and
Gen. SHERMAN, OF the Federal army.
We always regarded the modification o.
those articles by the authorities at Wash.
ingtOn, and their refusal at once to ap-
prove, as the most unfortunate piece OF
red-tGpeism that ever befsl g country. Il
was, in fact, 8 great and grave blundeF.
From 1t have flowed 8 thousand ills,
which otherwise would have bean aver
ted. 1t hiss made hate in one section
I'D discomfort in another, vital for
almost q generation From this cause
the wounds OF civil war sill bleed afresh,
and the existing peace can scarcely be
said to be as yet more thsn merely q ces-
ssti0n Of war. Nor can il, in the nature
Of the case, BE more until the Southern
people are treated otherwise thai rs q
col quered and subject population. This
decision may perhaps reverse The policies
the Federal Government. AT least, il
Immediately productive Of this re-
suit, the constant legal friction in the
courts between the measures Of an usur-
ping and oppressive Congress or Execu-
and an oppressed people, will soon-
or or later work q recover OF the rights
and liberties OF the Southern population.
1t appears from the newspaper report
Inst in the current of the argument, the
Court recognized the reconstruction
measures as constitutional. This, how
over, we CLEAN merely from a newspaper
'ynopss, which may be inaccurate. We
are loath to believe that the
committed itself to g judicial
ruling in behalf Of thess measures. Fer
seems TO US c perfect non seguitetr from
he main proposition hsla ia The case
Shich was, that the seeding States did
lot sccede, By reason Of the triumph Of
be Federal arms, to diminished political
II civil franchise, and that their citizens
we're not degraded from their former
in the Union. I. does not sp-
'ear to Us that the two propositions are
o be reconciled, sud We imagine that
here must be some erfSa in the news
'sPer report Of the case in this psrticu-
81. We, however, include Ia this srti-
lie the points OF judgment as given in
Of q exchanges: \,
J. That the authority OF Provisional 9ov
suthoriz d Ju5gs Pascnal 10 p-o,e.
ute the claim OF Texas TO the bon. that the {
OF Gov. T-hTocmOrtln autaorzed Z.
=. EppersoR 10 sue out the injunction; and the
over Of Gov. Pease 10 Jucgs Pasehal suthor- 4.
ed him 10 prosecute the suis. !
z That the annexation OF Texas made fl q !
sate OF the Union, and that no act Of the etti- 4
ems and governments Of Texas alone mas or {
ealo hsoive ihEt relation that during the Z
there were 10 officers OF the United !
Lates aching in Texas, but yet the people r. J
.Atnei eltiEsDs Of The United states. and the I
ate a State Of the linton. The opinion then
views the ordinance OF secession and Ibe his
'ry OF the attempted disruption.
g. That The ordinance OF secession and all
acts in aid Ofthe rebellion were
$3.50 ALI 4lEA9AAAAAE a al LAHEH4a 1 =
bat that It wa5 unnsce szry TO decade
DIV many OF their acts for the government Of
clety were valid lt Is sufficient thaa IL
nited states bonds IN controversy were lie
'operty Of Texas at the time OF secession. and
a IA" 81 IeNts required their transfer by 2
/ endorsement b. the Gove1ns u: that no GOV c
nor has ever endorsvd them and tbe .c,s II
eating the military board of T xa4. repesIino
9 Law requiring tie Governogfs endousement' n
"a placing the eoads In the hands Of White 4
lids. were acis IA sid sf the rebe lion ana
possession WSS subject TO the title Of 3,
xas. y
That It IA biscuit 10 resist tina con.l,a q
81 The purchasers from White & Cbtias haa d
fice thai iheir title was contested bat a. = Y
fielent that tAe prtseot claimant received .
} bonds sitter their maturity, ana lie aoo 81
ne Of innocent purchaser In good faltb 49,.
{ apply TO those who obtained The paper a
.er its maturity, hut they take subject 10 the y
uitable tie ofthe righBfS owner. 4
/, The Stale OF Texas has the night 10 re- :
yer the bonds and p~erpstuate the injunction. =
& Il is decreed accordingly. &
q the course OF fhe opinion the Chief Jus
, reviewed tie condition OF Texas at the ~
ne OF the downfall OF L rebellion, the abdi- q
o. It's government by its prlndpal OH
3, the flight OF hos officers 10 Mexico, ana e
: general anarchy which prevailed and he II
IA thai under the power 10 adopt al neces-
y means 20 protect the delegated powers, TO
the laws faithfully executed, ana 10 guar
lee q republican form OF governnenf 20 the
ties, the President had the right to appoint a
al Governor and TO oFganize society
d wi houtd deciding upon his power to call q
Vention TO ADOPT q constitution, be held >.
Il Congress as the iaw-Eak ng power had the =
ht 10 adopt the measures Necessary 10 restore =.
states I o Ielr proper relation to the Unions ~
/ that Congress had recognized these gov ~
ments as provisional. he adyerted 10 the y,
AZ rsstoration-,he sdQDuOn Of the