The Nashville daily union. [volume] (Nashville, Tenn.) 1862-1866, 1865-01-29


cred a written opinion, in which he dis
cusses at considerable length, and will
his accustomed ability, the legality o
transactions in rebel money, The Judge
states the esse at issue clearly and dis
dDctly, and we publish his opinion As 6
matter of great interest 10 many citi
Eens Of this State
CHANCERY COURT AT CHATTANOOGA
I David r. Bell
vs.. January Term
E.W. Marsh.
This cause comes on to be heard upon
Judgment pro eOnfsssO upon bill and ex-
hibits, &C.
1t appears that the defendants, in
consideration of money loaned TO them
| by complainant, executed their note to
complainant for S25220 on the Both of
June, 1861, due one day after date. AT
terwards, and prior to July, 1862, the
defendants, through an agent tender
ed paper issue, having for its legality
the acts, OWL and military, of the So
called Southern Confederaey- This
complainant refused. Afterwards, In
July, 1862, the nominal amount in Con.
tederate issue was apain rendered, and
at the time severe Rebel military or
ders existed in the country, inficting
severe criminal punishment upon al
who refused to accept ore receive the
treasury notes or other currency of the
socalled Confederate Government, and
Hnder the duress and fear of criminal
punishment from those in rebel power,
and in the absence Of the legally con
stituted authorities of the Government
Of the United States, complainant re-
ceived said treasury notes, and has
them now, and brings them into Court
subject to the call of defendants and
the order of this Court.
Upon the facts as they appear, the
only question is as to the effect the re-
ception of the Confederate issue had
upon the rights of the complainant
The note due to complainant calls
for dollars and cents. Under the Con-
stitution of the United States and of
the State of Tennessee, nothing but
gold and silver was legal tender, sub
ject however to the powers conferred
upon the Congress of the United States
to regulate the currency of the coun-
try. The complainant therefore was
not legally bound to accept anything
in discharge of his debt, but coin or
such paper currency as he might vohaa-
tdrsEy see proper to receive. Money
Obtlined, contracts entered into, or
payments made, when one of the par
ties is under duress, which may be by |
threats and danger of personal violence |
or imprisonment, or other serious on |
criminal punishment is a nullity, be
cause the party has not voluntarily con-
sented thereto, it Is in law, force and
eOmpulsive, and void. See Chitty on
Contracts, p. I03-4 5; Parsons, on
Contracts, q. 3I9 to 322 and other au-
thorities there cited
The case at bar falls within the gen
eral rule laid down, and is a stronger
case for relief than any to be found in
the elementary books.
The courts of the county will Judi
9 ally take notice of revolution, Re
beIlion or Civil War This rule is laid
down By Mr.. Starkie in his Treatise
on Evidence"
Applying this principle to the present |
case, this court will judicially take no. |
tice Of the fact, that Tennessee and in
the neighborhOod and section of coun-
try where complainant and defendants |
resided at the time the Confederate |
Treasury notes were offered to and re-
ceived by complainant, a rebel military /
order was in practical force and opera !
ton inhicting imprisonment and heavy I
penalties on complainant in the event /
he refused to receive the spurious issues |
thus rendered, and of the positive fact, !
that armed mobs and rebel bayo-
nets were convenient and ct hand 1
to enforce such orders and pen
alties And all this too, at a time
when the constitution and laws of the
United States, as well as the rightfnlly
authorities of the State
were subverted, and could afford no
relief to the complainant Such being
the case the complainant was under the
worst character of duress, and was by
both force and fraud, having their
origin in treason, deprived of voluntary
action, had no ohoioe of his own, and
vas not bound by the reception of the
OOnIeuef&J6 treasury uOtA
In this view of the case | hold that
the supposed payment OF the note in
the pleadings mentioaed in July, 1852,
was null and void and of no effect, and
that the note is in full force, which with
its accruing interest the complainant
IS entitled to recover of the defendants
IA this. cause, and the rebel treasury
notes will be handed over TO defend
ants
The complainsnts counsel will draw
} decree IN the cause in conformity to
his opinion.
In the present case it is not necessary
% decide what effect in Law would Be
yiven to the ordinary and voluntary
among citizens in which
'ebel currency was paid and received.
Il men deal voluntarily and knowingly |
a property or other things Of no value
g between themselves "A the absence
# fraud, the good of society, perhaps,
would be subserved to let them abide
he results, and such | am inclined to
hink IA the law in such class of cases.
D. G. TREwHITT,