The national Republican. [volume] (Washington City [D.C.]) 1866-1870, 1869-04-16

Chief Justice Chase has within few days
delivered a decislon In the case OF the State
Of Texas against George W. White and
others, which Is far reaching and important
In its scope and results, because II the reason
ing by which the Chief Justice sustaius his
views be admitted as established law, can
not fail In It's sequences to render null and
void the reconstruetion laws Of Congress.
It must, therefore, prove one Of the most
important decisions ever made THnI
The direct question In Issue Ia, II we un.
derstand II In It's Immediate results as applied
in the particular case, to restore to the
State Of Texas the right Of property In GER
tain bonds Of the United States known as
the Texas Indemnity bonds, to the amount
we believe OF some 100000. Gh....
But the great and most important point in-
volvcd In this remarkable decisioniis that OF
the Jurisdiction Of the Supreme Court. Its
already established that this court has Juris-
dctlon Of suits brought bs any State of the
Union against citizens Of another State.
brought By the State government Of Texas,
which,by the act of March =, 1895, Congress
pronounced 7'illegal,n aud one Of thoso
which, BY the act Of July 10, 1887, Congress
declared to boq"not Iegai STATE govern
mentan -.-' "4 ' t.'
Now comes the vital point; for Il must DO
admitted that unless the suit were actually
brought BY a State in the Union, the court
could have no Jurisdiction. The decision 10
that the plaintiff Is and was, at the time this
suit was commenced 10 1867, actually and
legally the State Of Texas, and consequently
State Of the Union.
This being true, Texas has never been out
ofthe Union, has never ceased to DO In and
of the Union, and consequently has always
been a State, as much as Massachusetts or
New York. This pronounces the act OF
secession by which Texas tried TO take itself
out ofthe Union void, and therefore no State
has at any time len the Union. A State
cannot go ont Of the Union; It cannot COM
NIT suicide. This is the upshot, tho length
and breadth Of this remarkable decision. To
be sure, the Court holds that the govern
ments established by the rebels were indeed
null and void, and their acts Of no effect in
law, but the States themselves remained at
all times integral parts of the United States.
This may be soi but We do not so under
stand Ii. .ra
1t may be good law, and II may have tc
stand as such upon the dittd OF our Suprem,
Court, but 1t strikes us Us having-wc sup
pose We ought to have more reverence for
the gowned gentlemen than to say it-a
good deal more Of nonsense than sense In it,
and vastly more ofpolltlcal prejudice and one
sided opinion than sound legal and constitu'
tional law or ethics.
We suppose we ought TO defer to the
solemnly pronounced decisions of 50 grave
and learned body as our Supreme Court
but when we recollect the bred Scott deei.
sion and some other opinions which thi.
court has attempted to dignity as laws, We
must be excused for entertaining some doub
in the premises. Possibly our regard TO
right, Justice, consistency aud the fitness O
things may make us little irreverent tc
wards these venerable gentlemen in thel
silk robes. Somebody has said that "judge
are but men, and some of them very wea
men,