New Orleans Republican., 1871-10-05
w 3RSalNs fa}PlI1cANes es7Hg8sDAY OCTOBER 5dg1z
THE s0-CALLED TEXANS.

THE s0-CALLED TEXANS.
1a It is always necessary for. complainant
to approach the seat Of justice with cleal
hands. No prosecutor is tolerated wit
innocent blood upon his clothes. Pei
haps the authors of the letter addressed
from Texas to Senator Schurz forgot thes
legal precepts when they put themselve
to the trouble Of summing up their griev
ances. Perhaps Senator Schurz had bette
examine his new and impatient clients be
fore he takes their case in hand. Tn,
difficulty with all litigants, as the legal pro
fession will certify, is that they will with
hold the very facts which they ought Il
reveal. Clients tell their own story ant
conceal that Of the defense, which is th,
most important to be known by the at
torney; and thus, when the case j.
opened, all the well matured pleadings o.
counsel are dashed by statement Of
facts which the lawyer was totally unpre.
pared to meet. The safest plan is to tell
the worst side Of the case and let the
attorney prepare himself to meet that.
Mr.. Clay is said to have made it rule in
his practice at the bar to demand a little
more than the truth against his client,
and on this he predicated his action in
the management of his causes. He set
tied quite as many causes without ap-
pealing to the judiciary as he did by
making legal fight for his friends, by
simply pointing out the weak points, and
then moving for compromise. As
dmicus curea let US intervene between
Senator Schurz and his impetuous Texas
friends.
Texas was engaged in wicked attempt
to overthrow the government, the consti-
tuition and the laws of the United States,
which certainly subjected her, in the
minds of disinterested parties, to all the
penalties Of treason. Being beaten in her
disloyal efforts to overthrow the republic,
and having surrendered at discretion, the
government had right, and exercised it.
Of debating the terms of peace, which were
that she should reform her State govern
ment in conformity with the new order of
society, acknowledge the sovereignty of
the United States, establish a republican
system Of laws, preserve the peace, pro-
,ect life and property, and conduct her
;elf generally as well ordered community
'hould. In consideration Of her comply
ng with these terms and conditions she
vas remitted from all the penalties of
reason and promised a reinstatement in
he confederation of States on terms Of
Ibsolute equality with the most favored
This, We believe, is a fair
pitome Of the treaty that we tacitly cove
lanted when Texas laid down her arms.
One of the facts developed in the new
rider Of society was the political equality |
f the negro race. This was understood
'efore hostilities ceased, and the Texans
it to be one of the neces-
tiles that they would have to accept. If
hey did not intend to abide by it, they
with fraudulent intention,
'hich annuls the contract in their favor.
hey can not claim the stipulations in
heir favor and reject those against them
elves, as any lawyer will tell them, but
hey must unite in rejecting or accepting
II the terms of their submission. And
efore they can come into court and de-
,and justice they must show that they
ave fulfilled all the requirements of the
W.
One Of the tacit stipulations Of the
'eaty Of surrender was that all men,
ithout regard to race, color or previous
were to be acce. ted as citi-
EMS, entitled to the fullest political
quality before the law. The United
tates had clothed the negroes with all
le muniments of manhood, and in this
lpacity it demanded for them all the
ivileges that were to be accorded to the
ost favored citizen. Another tacit stipu-
ton was to this effect: that every citizen
one State should be entitled to all the
ghts and privileges Of the citizens of
~ other State. A man from Maine was
be treated in Texas just as favorably as ,
Texan himself, and Texan in Maine
as to be regarded as favorably as citi- !
n Of Maine. 1t was the law of love and ,
1cifcation that was established. Ameri- ,
MS were to be Americans wherever the
MON extended. Sectionalism and color
IRE abolished as causes of contention
lder the flag of the republic.
As We have said before, the people of
'xas understood these sti; ulations and I
reed to them, either honestly or dis t
nestly. If they intended to abide by I
EN-, and have done so, they are justified
their appeal to Senator Schurz, who is f
just and honorable man, to have the r
keep its engagement. if it has r
already done so. If they did not in '
I'd to abide by them, but really intended j
dishonor their engagements on the first
'orable opportunity, then they, them .
YES, have abolished the treaty, and are c
longer entitled to claim its liberal +
owance in their behalf
How does the case stand? What are t
} facts which Senator Schurz will have u
examine before he decides about his a
vocacy in this case? We are afraid II