The Southwestern Historical Quarterly, Volume 19, July 1915 - April, 1916 Page: 7
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Texas v. White
sequently, was strenuously opposed to the Sumner theory of State
suicide, since it declared a State an indestructible entity. Finally,
it must be said of the passage that it is a glorification of the Union
and the federal, in contradistinction to a consolidated, system of
2. The Location of Sovereignty in the United States
In the case of County of Lane v. The State of Oregon,-a part
of which was virtually incorporated in the case of Texas v.
White;,---the court gave expression to certain ideas relative to the
nature of the relationship existing between the States and the
United States. In such connection, attention is invited to the
following quotation :7
The people of the United States constitute one nation, under one
government, and this government, within the scope of the powers
with which it is invested, is supreme. On the other hand, the
people of each State compose a State, having its own government,
and endowed with all the functions essential to separate and in-
dependent existence. The States disunited might continue to
exist. Without the States in Union there could be no such politi-
cal body as the United States.
In Texas v. White, the court, as has been pointed out, held that
the successful termination of the war by the Union forces, al-
though establishing the perpetuity and indissolubility of the
Union, had by no means implied that the constitutional rights
and powers of the several States had been abridged. On the con-
trary, the preservation of these rights and powers had been and
continued to be as much the care and design of the Constitution
as had been and are those of the national government. The po-
litical entity to which these rights were judicially assured was
A political community of free citizens, occupying a territory of
defined boundaries, and organized under a government sanctioned
and limited by a written constitution, and established by the con-
sent of the governed.
The court further declared that "it was the union of such States,
under a common constitution, which forms the distinct and
77 Wallace, 76.
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Texas State Historical Association. The Southwestern Historical Quarterly, Volume 19, July 1915 - April, 1916, periodical, 1916; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth101067/m1/15/: accessed November 18, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting Texas State Historical Association.