Texas v. White

__notoc__ Texas v. White, was a significant case argued before the United States Supreme Court in 1869. The Court held (in a 5–3 decision) that Texas had remained a state of the United States ever since it first joined the Union, despite its joining the Confederate States of America and its being under military rule at the time of the decision in the case. It further held that the Constitution did not permit states to secede from the United States, and that the ordinances of secession, and all the acts of the legislatures within seceding states intended to give effect to such ordinances, were "absolutely null".

During the war, the secessionist government of Texas had sold U.S. bonds after passing an ordinance repealing a requirement that the governor of Texas endorse the bonds before redeeming them. The case was brought by the state of Texas to recover the bonds that had thus been transferred to White, Chiles, and several others. The issue of whether or not Texas was a state of the United States had bearing on whether or not the Supreme Court had jurisdiction in the case.

The court's opinion was authored by Chief Justice Salmon Chase, himself a former cabinet member under Abraham Lincoln and leading figure in the northern government during the American Civil War. Based on his previous position, many southerners questioned Chase's impartiality and believed he should have recused himself from the decision. While legally binding, the court's decision was extremely controversial and remains so to this day. Many former Confederate officials such as Jefferson Davis and Alexander Stephens as well as legal theorists such as Lysander Spooner rejected the court's reasoning and defended the right of states to secede.

The main rationale for the argument that states could not legally secede was derived from the Articles of Confederation's description of the American Union as perpetual. This, combined with the current Constitution's expressed goal of creating a more perfect Union, suggested that the United States was now more perfectly perpetual. Also cited was the statement in Article Four of the United States Constitution that "The United States shall guarantee to every State in this Union a Republican Form of Government." This implies that Texas would always be a state, distinct from its government (since the Constitution refers to a state as having a government rather than being a government). This also suggested that the Constitution could work to ensure states remain intact and to regulate state governments. As the Court wrote, "The Constitution, in all its provisions, looks to an indestructible Union, composed of indestructible States." Hence Texas would still be a state even when laws are passed saying it is independent. Such laws would be "absolutely null."

The court did allow some possibility of the divisibility of the Union in the following statement:

The union between Texas and the other States was as complete, as perpetual, and as indissoluble as the union between the original States. There was no place for reconsideration, or revocation, except through revolution, or through consent of the States.

A dissent was written which, while denying Texas remained a state, claimed not that Texas had successfully seceded but that she had become a "conquered province". Precedent was cited that a state is defined as an entity with representation in the United States Congress. During the Civil War, Texas had lost that representation. Thus, her status had become more analogous to a Native American tribe than to a state.

The bench

The makeup of the Supreme Court and their opinions were:

Opinion

Written by: Chief Justice Salmon P. Chase
- Joined by: Justices Samuel Nelson, Nathan Clifford, David Davis, and Stephen J. Field.

Concurring in part; Dissenting in part

Written by: Justice Noah Swayne (Voting in dissent)
- Joined by: Justice Samuel F. Miller (Voting in dissent)

Dissenting

Written by: Justice Robert C. Grier

Sources

Spaeth, Harold J.; and Smith, Edward Conrad. (1991). HarperCollins college outline series: Constitution of the United States. (13th ed.). New York: HarperCollins. ISBN 0-06-467105-4

External links

Full text of the decision courtesy of Findlaw.com