The Southwestern Historical Quarterly, Volume 18, July 1914 - April, 1915 Page: 367
438 p. : ill. ; 23 cm.View a full description of this periodical.
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Texas v. White
the government, it was likewise free from responsibility for any
contracts made in furtherance of the rebellion. A corollary of this
logic is that a change in the form of the government of a State is
not a change in the essence of that State.
The argument of the defense would probably have proved too
powerful for successful contradiction had it been possible to dem-
onstrate that the contract had been made for peaceful purposes.
The lawyers submitted a very learned argument to support this
idea, but it failed to carry conviction. They claimed that the
contract had not been made to assist the rebel government, but
for a humanitarian purpose; that "defence of the State" had no
necessary reference to a defence of the Confederacy. However
plausible and astute this line of reasoning might be, the history
of the case, as presented by the State, was convincing to the con-
trary; and it came to be recognized that the contract was made
with the intention of aiding the rebel cause. The failure to estab-
lish innocence of disloyalty in the contracting parties proved an
insuperable obstacle to what should have otherwise been a decisive
argument.367
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Texas State Historical Association. The Southwestern Historical Quarterly, Volume 18, July 1914 - April, 1915, periodical, 1915; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth101064/m1/373/: accessed April 25, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Texas State Historical Association.