New-York tribune., 1869-04-13
CAM A STATE SECEDE?

WASHINGTON, April l2-lhe Ioiio"ius uS
eion has been rendered by the Supreme Court o 'no
United States, in the case OF the 1he 0'a'e VI S
George w White John Chlles, John A. Hardehours"'
cd others Chief Justice Chase delivered the opinion.
rbs h an original suit in this COnrt in which s.e no
OF Texas claiming certain bonds OF te tan the defend
her pperty, asks an injunction TO N,inna Govern
ants from receiving pay Se nd@r Of the bonds to the
ment and 10 compel t6e e. Mn answers aud proofs that
lie United states by act OF SEPT " i0 ~ cIain,s con,
state C , be settlement Of her boundary IN
ner cent bonds. each for the sum o i % " Id Hsere
Was accented by Texas One-alt OF these p9nus % mpo
,Ia"ed Tor certain purposes in the National treasury
and the other half were deveIe9 70 Ie an1 were
bonds thus delivered were daieI Jan l; iool, "n Ia rn
al made payable Co the state Of Texas or bearer anu re-
ed in behalf of the state by the Controller OF
Public Accounts. under authority OF an act OF the
ibat no bond should avaabein the hands of any hold
or nnf after Endorsement by the Governor OF the STATE
Acr ont the Rebellion the nsurgent Legs
ianre OF Texas nth Of January 1902 repealed the
act requiring the Endorsement OF the Governor, % H pH
tie same day provided for the Organization OF hta
BOARD, composed of the Governor, ContrOler anu
provide for the defense of the State by of any
bonds Treasury, upon any account 10 the SAten
neTsd 81 to an @Sroement With George W. White and
John Ciies two Of defendants for the sale to them
aud Se more then deposited with DrOege Coz in Eng
land, payment for which they engaged 10 denver 70
fe Board large quantity OF cotton CARDS ana nealcnes
This agreement made on the 18th OF January tSco
on the iSth S MaIeh lSI' Is5 " these bo1ds none
Of which mdorsed by any Governor OF Texas.
A
OF the bonds into the possession OF others OF
the defendants by purchase or as security Tor advances
nGnries TO which our attention was directed by counsel
arose upon the allegation Of the answer OF Ches, hrst
Of the suit in the and behalf Of the State of Tex
aud secondly that the state having severed her rea
fions with majority Of the States Of the UniOn ana
having by her ordinance OF secession attempted to throw
on her sanse to s % % cSaud I her status be
disabled from prosecuting suits In the Natonal Courts
deDce letter of authority the authenticity Of which
IS not disputed, has been produced, IN which ): W,
ThrOekmOrton elected Governor under the Constitution
adopted in 1866 and proceeding under an act OF the otae
Legislature relating to these bonds expressly Ianes me sd
confirms the action Of the solicitors who hed the ph ana
empowers them to prosecute TINS M s Pascba S1 dr the
complaint that he was duly appointed by Andrew J.
Hamilton, while Provisional Governor OF Texas 20 20
bonds in cOntTOyeTsy and That his Spp0pt@ee9t eog
has been renewed by E. b. Peaie the aetna @ SOo
these acts aud these ! or eS oot Gc leaves no Doubt
non tep oSestioh Of authority The other allegation
presents question OF Jursdlcuon ~ 10 lUt ~ f
suits by States against citizens OF other states OF hae
the states entitled 10 invoke TINS uriSdeu%Gn ION must Oo
States Of the Union But is equaly sa tat 10 sun sun
Jurisdiction has been conferred upon this Court OF SUITS
by any other political communities than such states u
therefore 1t is true the State OF Texas was not at the
time fling this bi or Is not now one OF the Ohleo
duty TO dismiss it. We very sensible Of the magnitude
and Importance Of the questions OF the interest u exeGs @
posing Of it to satisfy the conflicting judgments OF
natriofe But We meet it in the case, de-
tcrne it in exercise Of our best Judgment under the
guidance OF the Constitution alone some not unlmp9TC
ant aid however, in ascertaning the ne sense OF The
Constitution. may be derived from considering %la is
confederation with other States The poverty OF lal-
diferent sgnifcations aud of hardly any example
signal to be found than ~ the use OF the WORD We
or community OF individuals united more or less closely
IN political relations nnaJng nan Sedtcs only tbe con
try tel rtoria region Inhabited by such community
which people ive at other times 1t represents inc
combined idea OF & @ a 4ce ass sensSS bn
cOncepton is that OF people or community Inc people.
permanently and whether organized under regular
Government or united by lower or less definite relations
mental idea upon which the republican institutions Of
our country are established II was stated very
clearly by eminent Judge Cr Justice Patterson, In
pST1ey 1T % M De @ a5a M S1s ape G Gf
aware Of anything in any subsequent decision of differ.
tenor. In the Constitution, the term state" most
people territory, and government: State in the
ordinary sense & q the Constitution Is political % eom
boundaries and organized undera government sanctioned
s ana conseD Of the goTssd It is the union Of su
States under common constitution, which forms the
tion designaes United States, and makes OF the
people and states which compose It, one people and
further remark. In the clauses, which impose prOhlb
tons upon the States IN respect to the nakg OF treaties
emitting OF bills OF credit; laying duties OF unnaee, and
guAranying 10 the States representation in e House Of
instances Of this use in the Constituton Others vii
occur 70 every mind But also used It's gcograpli
sentative IN Congress shall be an inhabant of the state
In which he shall be chosen, and that the trial Of
crimes shall be held within the State where committed
Aud there Instances in which the principal OF
the word to be that primary one to which have
adverted-of people, OF political community, as dis
tinguished from government In this latter sense the
word seems to be used ~ the clause which provides t9at
Union republican form OF government aud shall pro
tect each OF them against INVASION In this clause
plain distinction is made between State and the govern
ment Of State Having thus ascerained the senses IN
we will proceed TO consider the proper application OF
what has been said. The Republic of Texas adj
lsI5 BY this the State and the people Of the
new State invested with all the rights and be-
come subject to all the responsibilities and duties
OF the original States under the Constitution.
From the date Of admission until 1901 ne state was rep
atOrs and Representatives, and her relations
her of the Union remained unmpaired. In that year.
acting upon the theory that the rights Of State under
the Constitution might be TenOuneed and her obligations
thrown of at pleasure. Texas undertook 10 sever
The bond thus formed and to break of her Constitutional
relations with the United States, qIere follows recital
the different ordinances adopted by the state OF Texas
IN her endeavors 10 sever all connections with the Ma
DID TeXss in consequence Of these acts cease TO be
Statei if not did the state TO be member Of the
Uncnl 70 discuss JUS ~ length o tne ~ question
from any regarded by herself as sufficient IS con-
sstent with the Constitution Of the United States Tho
lnOn Of the states never was purely artificial and ar
btraiy relation IL began among the Colonies ana grew
Of common origin, mutual sympathies kindred prn
confirmed and strengthened by the neces-
character, and sanction, from the articles OF
confederation BY these the Union solemnly declared
10 be perpetual" Aud when these articles found
~ be inadequate to the exgences OF the country, the
CONSTITUTION was ordained " TO form a more perfect
Inon It'll dincut TO convey the idea OF ndissOluble
unity more clearly than by these words What can be
noI Emu tb peetty and Sdo1Sy Of Se noS
10y means implies the Toss Of distinct and individual
states Under the articles Of Confederation each State
retained 1s sovereignty freedom and independence and
gated to the United satesunder the Constitution though