The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1869-04-15
TIE TEXAS CASE.
Uhtteh States Supreme Court--Impor.
tant opinion.


In the United States Supreme Court Mon
day the Chief Justice delivered the opinion of
the court in tho case Of the State of Texas VS..
George w. White ct al.
The opinion settles some important princi-
pies. LIST. That the authority of the Provis-
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 Paschal authorized him to pro-
secute the suit
I'd. 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-
mained citizens Of the United States and the
State State Of the Union. The opin n then
reviews the ordiuan 30 Of secess ion and the his
tory OF the attempted disruption.
3D. That the ordinlnce OF secession and all
the Legislative acts in aid of the rebellion were
null and void; that the Legislature was an lille.
gal body, but that il was unnecessary to decide
society were valid. It is sufficient that the
United Staies bonds IN controversy we're
the property OF Texas at the time of secession;
and that law Of Texas required their transfer
by an endorsement by the Governor; that no
Governor has ever endorsed them and the acts
creating the military board of Texas, repeating
the law requiring the Governors endorsement.
and placing tho bonds in the hands of White &c
Chllds, were acts i'll aid of the rebellion. and
their possession Was su5iest to the title nf
Texas.
4th. That it is difficult to resist the conolu-
sion that the purchasers from White & Childs
had notice that their title was contested, but
it is sufficient that the present claimant re-
ceiv, d the bonds after their maturity, and the
doctrine of innocent purchaser in good faith
does not apply to those who obtained the paper
after it's maturity, but they take subject to the
equitable title Of the rlghtful owner.
9th. The State of Texas has the right to re-
cover the bonds and perpetuate the injunction,
and 1t is decreed accordingly.
In the course Of the opinion the Chief JUS
tice reviewed the condition OF Texas at the
time Of the downfall OF the rebellion, the abdi-
cation Of it's government by it's principal OFF,
GERS, the flight of those officers to Mexico, and
the general anarchy which prevailed; and he
held that under the power to adopt all neces-
sary means to protect the delegated powers, to
see the laws faithfully executed, and to guar
antee republican form Of government to the
States. the President had the right to appoint
q provisional governor, and to organize socie-
ty; and without deciding upon his power to
call q convention to adopt a constitution, he
held that Congress-. as the law-making power,
had the right to adopt the meas lres necessary
to restore The States to their proper relation to
the Union, and that Congress had recognized
these governpents as provislonal. He advert
ed to the terms of restOrat1on-the adop-
tion Of the Thirteenth and Fourteenth amend
nents OF the 6 institution; the passage Of the
Reconstruction laws, which Congress had the
right to PISS, and the successful restoration Of
the majority Of the rebel States under those
laws. He reviewed the emancipation procla.
nation Of President Lincoln. and. without de.
oidine its immediate effect, he said that the
surrender Of the rebellion aud the amnesty
oaths Of President Johnson made Il effectuai
and the slaves thus emsncipated became part
OF the people Of the United States, and the
states in which they were remained States ir
the Union, with the ri yht in Congress to pre-.
scribe the terms OF restoration. The opinion
Justice Grler dissented as to the merits anG
jurisdiction Of the case. holding that Texas
has no more right to bring suit in the Supreme
Court than has the District ct Columbia. Tex
was not, in fact. State OF the Union.
Justices Swayne and Miller diesented as tt
jurisdiction Only.