The U.S. Supreme Court case of
Texas v. White
concerning the "legality" of secession
Texas v. White, 7 Wallace 700, 74 U.S. 700 (1869).
Opinion by Mr. Chief Justice Chase (for a brief biography click here)
The Union of the States never was a purely artificial and arbitrary relation. It began among the Colonies, and grew out of common origin, mutual sympathies, kindred principles, similar interests and geographical relations. It was confirmed and strengthened by the necessities of war, and received definite form, and character, and sanction from the Articles of Confederation. By these the Union was solemnly
declared to "be perpetual." And when these articles were found to be inadequate to
the exigencies of the country, the Constitution was ordained "to form a more perfect
Union." It is difficult to convey the idea of indissoluble unity more dearly than by these
words. What can be indissoluble if a perpetual Union, made more perfect, is not?
But the perpetuity and indissolubility of the Union by no means implies the loss of
distinct and individual existence, or of the right of self-government by the States.
Under the Articles of Confederation each State retained its sovereignty, freedom and
independence, and every power, jurisdiction and right not expressly delegated to the
United States. Under the Constitution, though the powers of the States were much restricted, still, all powers not delegated to the United States, nor prohibited to the
States, are reserved to the States respectively, or to the people. And we have already
had occasion to remark at this term, that "the people of each State compose a State,
having its own government, and endowed with all the functions essential to separate
and independent existence," and that "without the States in union, there could be no such political body as the United States." Lane Co. v. Oregon. Not only, therefore, can
there be no loss of separate and independent autonomy to the States, through their
union under the Constitution, but it may be not unreasonably said that the preservation
of the States, and the maintenance of their governments, are as much within the
design and care of the Constitution as the preservation of the Union and the maintenance of the National Government. The Constitution, in all its provisions, looks
to an indestructible Union, composed of indestructible States.
When, therefore, Texas became one of the United States, she entered into an
indissoluble relation. All the obligations of perpetual union, and all the guaranties of
republican government in the Union, attached at once to the State. The Act which
consummated her admission into the Union was something more than a compact; it
was the incorporation of a new member into the political body. And it was final. 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
Considered, therefore, as transactions under the Constitution, the Ordinance of
Secession, adopted by the convention and ratified by a majority of the citizens of
Texas, and all the Acts of her Legislature intended to give effect to that ordinance,
were absolutely null. They were utterly without operation in law. The obligations of the
State as a member of the Union, and of every citizen of the State, as a citizen of the United States, remained perfect and unimpaired. It certainly follows that the State did
not cease to be a State, nor her citizens to be citizens of the Union. If this were
otherwise, the State must have become foreign, and her citizens foreigners. The war
must have ceased to be a war for the suppression of rebellion, and must have
become a war for conquest and subjugation.
Our conclusion, therefore, is, that Texas continued to be a State, and a State of the
Union, notwithstanding the transactions to which we have referred. And this conclusion, in our judgment, is not in conflict with any act or declaration of any
department of the National Government, but entirely in accordance with the whole series of such acts and declarations since the first outbreak of the rebellion....