Texas v. White was not a 5-3 decision. It was a 7-1 decision. Five justices joined Chase in his opinion, while two others issued a separate, but concurring decision. Only Justice Grier dissented.
You don't say. Justice Grier dissented I'll agree. Justice Swayne, writing for himself and Justice Miller wrote, I concur with my brother Grier as to the incapacity of the State of Texas, in her present condition, to maintain an original suit in this court. [State of Texas v. White et al 74 Wall. 700, 741, (1869)].