The Washington union. [volume] (City of Washington [D.C.]) 1857-1859, 1857-10-29
FROM AN OCCASIONAL coRIusPoSDENr.
srosr LosEsonn. Oct. "A, 1887.

"
time he thrown, up again stronger than
Already he begins exhibit symptoms Of renewed vgor
at least in Perepois, and leading paper Its
readers the storm Is past and the and stars break
ing forth from the murky clouds in which they
onveloped, with warmth and splendor." So far as
respects great emporium, this sudden revolution Of
the heavenly bodies has been brought about by late de-
cson of Mr.. Justice Bridlegoose of our most dstn
guished jurists
You must know that malignant and turbulent demo
crat Of this neighborhood had the sudacity to bring
suit against OF banks for the payment Of twenty
dollar note In specie. The up for trial before
Mr.. Justice Bridlegoose and special jury, when his
honor delivered the following opinion which has been
reported for and published in leading newspaper the
editor Of which pronounced il to be lone of the most
logical learned. brilliant, and unanswerable arguments
delivered in court of Justice give 1t you at
length. The testimony being gone through, his honor
addressed the jury follows
~ Gentlemen of the jury Laws of two kinds-one
be obeyed the other TO be set at naught There Is
also species of higher law of much greater authority
than statute law-I allude to the law OF ex
pediency that properly stretched is synonymous with
the law of necessity, WHICH, in TACT, II no law at all
Necessuas haba iee is maxim of law sanctioned by
the highest authority, and take it, that man
has legs you cannot make him run. So with neces-
sity You can't make it bulge an inch To apply this
principle TO the before
Gentlemen of the jury 1t is true, tho law makes
II obligatory all banks to redeem their notes in specie
but this law belongs to that class which intended to
be set defiance and is overuled by the great law Of
necessity and If this not are to look to the
spirit not the letter Of the law and cannot be doubted
that the Legislature in passing this law, meant nothing
than that the banks should pay specie only when
nobody wanted 1t. Besides gentlemen no law can COM
pei man to perform mpossibilities, and everybody
knows that 1t is impossible to redeem ten fifteen, or
twenty dollars in paper with of specie This argu-
ment the court deems decisive in this
Can't IF he he MIA N EIlIt
has not complied with the acquisitions OF the law which
makes it obligatory every holder of note to make
formal demand the bank by which it ID issued for its
payment in specie, and receive absolute refusal from
some authorized officer of the bank before he bring
suit The note, you will perceive is payable 'on de-
mand and how there be refusal where there is no
demand2
.Gentemen of the jury 1t appears in evidence that
the plaintiff went to the bank to demand payment but
found the doors closed and person whom he could
make the demand from whom he could receive re-
fisal Now gentlemen, how do know but that If the
doors of the bank had been open and an officer present.
the demand would have been complied with The plain
tiff is esopped by his own act and his suit must fall to
the ground .,.. g.,
y" Gentemen OF the jury Though scarcely think it
necessary the thing is clear will cite case which,
though yet to be found in the books and appearing
have bearing the present question, directly in
point 1t s doubtless known to you all that the egsa-
of this State time since passed law declaring
it the duty of judge to place the affairs OF every sus
pended bank in the hands of receiver for liquidation An
application made to distinguished city judge for an
order for this purpose The judge doubling his capacity
to interpret the law called together five OF the most
learned of his brethren to secret consultation in their
chambers After solemn discussion and due deliberaton
they came unanimous decision, by which the follow
ing points were established First that bank which
could not would not pay its debts according to law
had not suspended but merely postponed payment second
ly that there two kinds of suspenson-an actual
and constructive suspension, which, though to all ap-
pearance and the same, as different as two
peas thirdly, that in legal accepation the suspension
Of the banks merely constructive and not actual,
and that therefore, the law establishing receivers did not
apply 10 them fourthly, that in order to bring the
banks within the limits of the law 1t was indispensable
that fraud should be proved against them 1t is true,
gentlemen there is nothing OF all this in the law, either
because the did not consider these distinctions
material forgot to point them out However this may
be- these grounds the learned judges decided not to
recognise any applications for the appointment OF recev
es in cases of constructive suspension What renders
this decision solemn and decisive is that of
these learned Judges president of bank, and
quenty, perfectly understood all the provisions Of the
banking law well as the best mode OF eyading them.
"Gentlemen of the jury will not detain you any
longer perfectly clear 1t Is not for the court
undertake to direct your verdict and shall only
that decision in favor of the plaintiff would ruin the
banks that yet have only postponed and arrest the
progress of the city of Persepos for century to come
The jury without leaving their seats, rendered YER
dict against the plaintiff, with costs
The effects of this decision have already been little less
than incantation 1t like relieving the city of Per-
s-pos of nightmare and they all merry crick-
cts The banks forthwith opened their DOORS and began
to redeem their old notes with ones whereby paper
money became like dirt the directors and officers, who
had modestly secluded themselves from public view,
crept ont of their holes to themselves like many
terrapins on O rock Mr.. Jonathan Goahead returned
from his fight to the medina of runaway negroes
and runaway rogues and resumed all his former inhu
cnce; the fye-story houses and stores progressing
again and solomon has opened a shop tor the
sale of American cigars, Lorillard snuff, and mo-
sses candy in the basement story of big house that
has no owner at present, where he fourshes rent
free and boasts of being a gentleman at large.
Mister Anon" said he to me the other day-ho don't
c,ll me Master any more--''Mr. Anon, no work
investigate my funs in commecedat is the biscss for
gentlemen l set all day in my store and smokeI git
what YOU call de dishcount All dats de beauties Of
oysters grow rich--I lend you much money as you
want Hey BoyY' And Solomon hobbed off with that
characteristic laugh shout which is seldom If ever,
heard except among the miserable victims of the white
man in the South; 1 predict solomon will be in the
moor. house next winter As to myself getting very
nervous in the daily expectation of call from Mr. iona
than Goahead the subject Of the grand avenue.
believe that seduced by universal example, instead of
breasting the torrent should turn speculator plunge
headong into it, and float with the tide, it not for
the august example Of Moses and his gross Of silver
rimmed green spectacles in the Vicar Of Wakefield.
Perhaps after all, the best way of getting along
smoothly in this world is to think like wise man and
act HE n fool Tina at one and the same time he can