The Southwestern Historical Quarterly, Volume 18, July 1914 - April, 1915 Page: 341

THE
SOUTHWESTERN HISTORICAL
QUARTERLY
VOL. XVIII.* APRIL, 1915. No. 4
The publication committee and the editors disclaim responsibility for views expressed by
contributors to THE QUARTERLY.
TEXAS VERSUS WHITE
WILLIAM WHATLEY PIERSON, JR
INTRODUCTION
The case of Texas v. White is of interest and importance from
the standpoint both of Texas history and of constitutional law. In
this paper, attention will be directed to both aspects. Except the
report in which the history of the case has been briefly sketched,
such a treatment has not, so far as I know, been yet attempted.
The case is of value at present, in addition to its historical and legal
significance, because in the opinion of the court is embodied the
theory of the nature of the Union last professed by the judicial de-
partment of our government. It compels the attention of those
who would understand the political theory upon which our present
American system legally rests.
One of the many problems arising out of the great War of Se-
cession was that of the determination of the legal status of the
*Volumes I-XV published as THE QUARTERLY of the Texas State His-
torical Association.
The preliminary investigations for this article were made in 1912 for
a report on the subject to a seminar in American history at Columbia
University. At the suggestion of Professor William A. Dunning, these
investigations were later expanded and amplified, and the present article
is the result. The writer wishes to make grateful acknowledgment of in-
debtedness to Professor Dunning, to whose inspiration, guidance, and
criticism whatever of merit the article possesses is largely attributable.
His thanks are also given to Professors Charles W. Ramsdell and Eugene
C. Barker, of the University of Texas, both of whom read the manuscript
and made many helpful suggestions.
17 Wallace, 700; 25 Texas (Supplement) Reports.