The Southwestern Historical Quarterly, Volume 19, July 1915 - April, 1916 Page: 18
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The Southwestern Historical Quarterly
4. The Consequences of Rebellion
The fact that the obligations and duties of Texas and her citi-
zens remained unaltered during the period of civil strife, and that
the State as such was not destroyed, was not to be taken as an
indication that the relations of the State with the general govern-
ment remained unchanged. There must be certain relations of
the State and the Union complete and unbroken before a suit
can be brought before the Supreme Court by the State. In other
words, Texas, in order to sue as a State, must possess a state gov-
ernment "competent to represent the State in its relations with
the National government, so far at least as the institution and
prosecution of a suit is concerned."20 Marshall, in the case of
Hepburn and Dundass v. Ellxey, had held that the community,
claiming to be a State, must actually have representatives in Con-
gress, that the relations of the State to the Federal government
must be complete, in order to invoke the original jurisdiction of
the Supreme Court.21 These requirements Chief Justice Chase
calmly set aside. He argued that, while obligations often remain
unimpaired, the relations may be undergoing the most violent dis-
ruption. This was revolutionary doctrine, but so were the circum-
stances which demanded attention.
The obligations of allegiance to the State, and of obedience to
her laws, subject to the Constitution of the United States, are
binding upon all citizens, whether faithful or unfaithful to them;
but the relations which subsist while these obligations are per-
formed are essentially different from those which arise when they
are disregarded and set at naught.
He contended that there were times, when the people and govern-
ment of a State departed from their allegiance to the Union and
from the performance of their duties, as in the time of civil war,
when the rights and privileges of the State were suspended.
Under such circumstances, it would be absurd to claim the right
to representation in Congress. Instead of having that right, "the
government and the citizens of the State, refusing to recognize
their constitutional obligations, assumed the character of enemies,
and incurred the consequences of rebellion." Just what, under
207 Wallace, 726-727.
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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/m1/26/: accessed April 26, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting Texas State Historical Association.