Keowee courier. [volume] (Pickens Court House, S.C.) 1849-current, 1866-06-16
An Important Decision.


We make this synopsis of decision made
by Judge CLAYTON, Of the sixth Judicial Dis
trict of Mississippi, which is fully reported in
tho +" Charleston News )" Of thc22a ult. upon
u matter of Importance to the public We
would give the case as, published in the
" News" were it not too lengthy for our COL
umnh The case was about as follows: On
tho 9Th of January, 1861, the attendant. j !.
w. Perkins, sold to the complainants, Duke
" Cado, twenty thousand pounds of lint cotton
for the sum @ $1,000 which was paid the
dcfcndhnt at the time in Confederate States
Treasury Notes. The defendant was to dcliv-
er the same Whom afterwards required The
defendant having failed to deliver the cotton
as stipulated, II bill was instituted to cnforce
the contract. aThc defendant made defence
upon the grounds, that the act Of secession Of
the State Of Mississippi being in violation of
the Constitution of the United States, no gov
crnmcnt was created by the Confcderacy which
could perform any binding act, and that the
Treasury Notes to be used, was nullty, and
formed no legal consideration to make con
tract binding,.that contract founded onsuch
consideration could notSbc enforced. Judge
Clayton hcldY that the States continued all
their power and functions of Government
which they possessed before the war, and pos
scsscd the right Of raising the means to con
duct the fwor, the manner of raising such
means was at their own discretion, and as n
necessary udas1nadsurc could issue these Notes
having acquired bclligcrcnt rights, and viola
ted 10 law inissuing them, and consequently
they wcre$noS nullity. He showed that the
United States recognized their validity in
claiming theScotton and other property of the
Confederate States, in the hands of it's citizens
at the time Of the surrender of the armies,
which had been purchased with such notes.
He argued that these notes were the currency
of the country by common assent Of the pco-
pie, and regarded transactions in which they
wcre used, as legal and binding. In his ar
gumcnt against the third ground used in the
defence, "That the said Notes were used to
carry on rebellion against the Government
of,the United States, could raise no considera
tion upon which legal and binding contract
could be created" he says the Confederate
States, as beligercnt nation, was vested with
the power to conduct the war; as the civil war
had suspended the Constitution in the bcllir
orent States, aud that the use of said Notes in
the ordinary trade Of The country was lcyit-
mate and valuable consideration, and gave
validity to all fair contracts in which they
were used
The Judge granted the prayer of tho Dil,
and ordered that decree be entered for the
delivery of the cotton to complanants In ac-
cordance with the contract, and in case the
cotton could not be had, for the value of it.,
and tho defendant pay the costs of the suit
We would like to give the argument in full
sustaining this decision. 1t is an able and
learned argument, and clearly shows the va
lidity of fair contracts in which Confederate
Treasury Notes formed part of the consid-
Grafton.