Daily Richmond Whig. [volume] (Richmond, Va.) 1865-1869, 1865-05-20

CoURr OF CoHcILIATIoS.-Court met at IL a.
ates. The entire session was consumed in the
discussion of the question of obligation upon
unexpired terms Of lie contracted to be paid in
Confederate currency, whether to be paid tro
rata in gold the time of contract, or at time
of payment or by any other legal and equitable
rule that can he invoked to ascertain and adjust
the respective rights a. arising between land.
lords and tenants. Kessrs. Howard, Nance,
.Bromwe, and other members of the bar, took
Part in the discussion, which seemed to enlist
fully the interest and attention OF both bench
and bar.
Mr. Bromwell (of the firm of Danner Il Brom.
wslD closed the argument upon the general
question. Before addressing hims,lf to the point,
be desired TO correct some misconceptions into
which counsel had fallen. One OF the old
| est and "a ost eminent members OF the bar hsd
asserted that this was a court Of Cancellation"
| merely, and not o court of adjudication. Why
| pot q court Of adjudication. Mr.. BrOmwell ask.
| ed Ihe cour. received petitions an answers
| heard testimony on behalf OF both plaintiff and
defendant, and determined the right of the par.
| ties. Nay, more; after their decision was m lde
there was power behind the throne" if not in
| the court itself, TO enforce such decision Ho
then alluded TO the fact that arguments had been
adduced to show that contracts entered into du-
ring the war, in which Confederate money
was the consideration, were illegal. All this
| Ia his Judgment was irrelevant. By the
very terms Of the military order establishing
| the court and defining its functions the existence
| of these contracts was acknowledged, and the
| decision of the court upon the rights Of the par
ties under them were to be upon principles Of
! equity and justice.
Another misconception, judging. from argu-
! men.s offered by portion of the bar was this,
that the province Of the court was to fix rents
| &c., for the present and future, where no con-
| tract was existing previous TO the capture of the
| city. With such establishment of rents, he con-
tened the court had nothing to o.
| WHAT then was the p:int TO which the atten-
| ton Of counsel sh Juld be directed The follow
ing, 10 conceived, was accurate and comprehen.
| siye:
What shall constitute just and equitable
| principe TO govern in the performance OF con.
| tracts entered into during the war, where
| the consideration was for Cortederate money!
| Such a principle could be established, he
/ thought, without much difficulty. lake the
| case of q landlord who rented his house on the
first OF January 1866, for the period Of one year,
! 70 an annual rent of $1,000, payable quarterly.
| When the quarterly payment became due on tle
| 3ist March last, the landlord was willing to re.
| cciye either the Confederate money or its equiv.
| aent in gold at the then selling rate. The ten
| ana was willing 10 pay it in the same way
Nov, if every landlord in the city had been
questioned he would have replied that he was
Wiling 10 receive at that time the rent for the re-
mainder of the year on the same terms-that is,
in Confederate money or its equiva eat in gold.
The landlord, then, cannot justly claim more
! now than would have satisfied hin theD.-
20 with the tenant. If he had had enough
| money TO spare he would have been willing to
pay for the whole c the unexpired term, and it
would nos have pAttered to him whether such
pavment was in Confederate States money or in
gold at the then selling rate. What both parties
then were willing 10 do should be done now,
and could be done with strict equity and justice.
Test the proposition in the following manner:
| II the house in which the tenant resides falls
into decay, il would be Just that the landlord
should make it as la bitabe as when the tenant
first moved into it So, Confederate States mo.
nsy becoming worthless, the tenant should pay
TIC landlord that amount 10 gold which his rent
in Confederate money would have bought when
the house was rented, or at least when his last
payment was made.
After some further remarks, Mr. Bromwell
concluded.
Decision upon the general principle will per.
haps be announced to-day or on Monday,