The Southwestern Historical Quarterly, Volume 19, July 1915 - April, 1916 Page: 28
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The Southwestern Historical Quarterly
The Matter of the Injunction
From the questions concerning authority and jurisdiction, the
court turned to a consideration of the merits as presented by the
pleadings and evidence. At the time of the secession of the State
from the Union, the Indemnity Bonds, or so many of them as re-
mained in the State Treasury, were indisputably the property of
Texas. As its property, the State, in the opinion of the court,
had the right, and from the first exercised it, of imposing certain
restrictions upon the transfer and alienation of the bonds,-re-
strictions which the holders must accept and abide by on receipt.
A disregard of the State law, therefore, worked forfeiture upon
supported by the unanimous court, declared, in this case, that "The guar-
anty is of a republican form of government. No particular government
is designated as republican, neither is the exact form to be guaranteed, in
any manner especially designated. Here, as in other parts of the instru-
ment, we are compelled to resort elsewhere to ascertain what was intended.
"The guaranty necessarily implies a duty on the part of the States
themselves to provide such a government. All the States had governments
when the Constitution was adopted. In all the people participated to
some extent, through their representatives elected in the manner specially
provided. These governments the Constitution did not change. They were
accepted precisely as they were, and it is, therefore, to be presumed that
they were such as it was the duty of the States to provide. Thus we have
unmistakable evidence of what was republican in form, within the mean-
ing of that term as employed in the Constitution."
Here is a more or less direct return to the historical interpretation of
the clause, and, in addition, a general statement as to the nature of a
republican form. The idea seems to be entertained that a representative
government is republican in form. Whether or not this is the only form
that is republican, the court does not state, but that the framers had such
a conception of the nature of a republican form, the court was then con-
In the matter of In re Duncan (139 U. S., 449; also Crampton v. Za-
briskie, 101 U. S., 601), an appeal from the State of texas in which it
was declared that on several grounds the laws of that State were incom-
patible with a republican form of government, the court, speaking through
Chief Justice Fuller, emphatically endorsed the argument of Webster in
the controlling case of Luther v. Borden. There is also, in this case, a
further development of the idea of the nature of republican government
which was held, to some degree, in Minor v. Happersett: "By the Con-
stitution, a republican form of government is guaranteed to every State
in the Union, and the distinguishing feature of that form is the right of
the people to choose their own officers for governmental administration,
and pass their own laws in virtue of the legislative power reposed in rep-
resentative bodies, whose legitimate acts may be said to be those of the
people themselves; but, while the people are thus the source of political
power, their governments, National and State, have been limited by writ-
ten Constitutions, and they have themselves thereby set bonds to their
own power, as against the sudden impulses of mere majorities." In
this and all other cases in which this subject has been involved, there
is consistent opinion to the effect that the duty of guaranteeing to the
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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/m1/36/: accessed July 25, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting Texas State Historical Association.