The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1879-01-30
Once q State Always o State.

The Washington correspondent of the
| Tribune furnishes the substance of the
most important and interesting decision
made by the Supreme Court OF the Uni.
ted States since the war came TO close,
The case on which tnis decision was
made was of somewhat peculiar charac.
ter. 1t seems that the Bank of Tenpes-
see was organized in 1888, with a proyis.
| ion in its charter that the State should
receive oil its issues OF circulating notes
for the payment of taxes. A constitution.
al amendment adopted in 1866 made the
| Issues of the bank during the insurrec-
tionary period void, and forbade their
receipt for taxes. There was no evidence
in the record that the notes offered in
payment of taxes by the plaintiff were ia.
sued in aid Of the rebellion, or for anv
| consideration forbidden by the constitu-
tion or laws of the United States. and the
court held that no such PRESUMPTION
could arise from anything of which il
could take judicial notice. Upon this
state of facts the opinion of the majority
of the Supreme Court was very clear and
decisive, that the State of Tennessee
maintained its existence, individuality.
and political ent's during the whole OF
the rebellion, and the court holds that
there has never been but one political
society in existence rs an Organized
State of Tennessee from the day of its
admission in the Union, in 1896 to the
present time.
The majority opinion says: s'The no.
litical society which. in 1895, became a
State of the Union, by the name of the
state OF Tennessee, says the court, is the
same which is now represented as one of
these States in the Congress of the
United States. Not only is it the same
body polite now, but it has always been
the same. There has been perpetual
succession and perpetual identity. There
always has been from that time State
OF tennessee. aud the same State of Ten.
nes:ee. It's executive, it legislative, its
judicial departments hays continued
without interruption, and in REGULAR or.
der. 1t has changed, modified and re-
constructed ita organic law, or State con.
stitution, more than once. It has done
this before che rebellion and since the
rebellion, and 1t was clways done by the
collective authority end in the name of
the same body of people constituting the
political society known as the State of
Tennessee. This political body has not
oA'J SSSt>- nla onIS eitu0 u Otatc, ana the
same State, but it has always been one of
the United States, q State of the Union.
Under the constitution of the Uuited
States, by virtue of whirh Tennessee was
born into the family of o..:tes, she had
no lawful power to depart from that Un-
ion. The effort which she made 10 do so.
.f i had been successful, would have
been so in spite of the constitution, and
by reason ofthat fierce which in many
other instances establishes for itself o
statue which must be recognized as fact
without reference TO any question of right,
and which in this case would have been
TO the extent of its success destruction.
railing TO do this, the State remained q
State of the Union. She never escaped
the obligations cf that constitution
though for awhile she may have evaded
their enforcement"