The Southwestern Historical Quarterly, Volume 18, July 1914 - April, 1915 Page: 342
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The Southwestern Historical Quarterly
so-called rebel States. The gravity of this question was early ap-
preciated, and, as soon as the outcome of the struggle was fairly
evident, the political leaders began serious consideration of its
various aspects. The theory announced by Mr. Lincoln at his
inauguration, to which he adhered throughout the war, for many
reasons no longer satisfied the large element of radicals in the
North. As a partial expression of this discontent, Sumner, in 1862,
had submitted his State-suicide theory.2 The break with the execu-
tive in this regard had seriously disturbed the political relations
within the dominant party in 1864; and, when the evolution and
application of a definite programme became an actual and pressing
necessity, the points of difference in the opinions and desires of
the various groups became more noticeable and important. Con-
cc ning the proper course to follow in restoring the Southern
States to the Union, the departments of the government developed
theories, which in many essential particulars were radically dif-
ferent." Despite the fact that during a large part of the Recon-
struction period, the executive and judicial departments suffered
in prestige and power from the extraordinary ascendancy of Con-
gress, the views presented therein form an important contribution
to American political theory. The theory of-the Supreme Court
was submitted in the opinion in the case of Texas v. White, and a
consideration of it in that regard, therefore, is a part of the pur-
pose for which this paper was written.
HISTORY OF THE CASE
"The State of Texas, one of the United States of America,"'
filed suit, on February 15, 1867, against the following individuals:
George W. White, John Chiles, John A. Hardenberg, the firm of
Birch, Murray & Company, and others.2 The petition prayed an
'Dunning, Essays on the Civil War and Reconstruction, 105.
'For critical and incisive analysis of the various theories respecting the
status of the Southern States, see Dunning, Essays on the Civil War and
Reconstruction, 103 et seq.
'Record of the Case, 2. Record of Cases, 1876. Found in the library
of the Supreme Court at Washington.
2The bill in the suit mentioned the following persons or corporations:
George W. White, a citizen of Tennessee; John Chiles, of New York;
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Texas State Historical Association. The Southwestern Historical Quarterly, Volume 18, July 1914 - April, 1915, periodical, 1915; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth101064/m1/348/: accessed April 29, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting Texas State Historical Association.