Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1866-01-10
HIGHLY IMPORTANT DECISION.
kEureme Courr Of Tennessiee-TERbfIIsy
for Confederate Money.


sEpreme Court Of Tennes,,ee-LIabfII
for Confederate Money.
The following report Of s. decision ju
made in the Supreme Court Of Teuness.
AT Nashville, viii possess general intere
for the people Of this State and of th
city:
o. T. Wright auG Robert Cantrel. /
Error, " Wesley Overall.
This is an action Of debt, brought in ii
Circuit Court of Shelby county, TO recOv,
eight hundred dollars, due bv prOmi
sorry note executed by the plaintiffs /
error, 10 one Sampson Eergsn, and b
him assigned to Reuben :. Scott, and b
Scott 10 Overall, who sues the maker
alone.
The contest here arises on a receipt e
three hundred dollars, executed by Owe
all on the ninth of Decent her. eightee
hundred and sixty-Jwo, to Wright, on
of the plaintiffs in error. The paymen
was in what is known as "Confederat
money, and the face Of the receip
shows il was TO be entered as a credit o.
the note sued on this action. The credi
W-ss not entered, and under the instruc
tons Of the Circuit Judge 10 the jury
there was a verdict for the full amour
of the note, with interest thereon. anl
Judgment pronounced according TO thi
finding Of the jury, from which an ap
peal in error If prosecuted in this court.
The Circuit Judge. among other thing
not excepted 10, in substance told the
jury, that the receipt was an undertaking
on the part Of Overall TO see that the
three hundred dollars paid, should bC
credited on the note, and inasmuch a;
the credit had not been entered, the Un-
dertaking was eXecutory, and must be
supported by good or valuable con-
sideration and that +" Confederate te
money - having been issued against pub
lie policy and without the authority Of
law, was neither a good or q valuable
consideration.
Waving al criticism on his Honor,
the Circuit Judges construction Of the
receipt, We think there Is no error in the
charge Of which the applicants have sny
ground Of complaint. The whole ques-
lion turns upon the validity Of "COnfed-
crate money! and we are not at liberty
10 evade il, by refining upon the disJinc-
ton between eNeCutOTy and executed
contracts. Was the Confederate
States" such a sovereign and iIidepend-
ent political corporation or organization,
as authorized IL 10 coin money, or issue
its bonds or notes, on the fslth, and
bind the people Of the s0-caled
Confederate states, ~ for he pay
meut thereof This Is the Ques-
ton with which We have to deal, and
however much the business trauactiOns
Of the people Of this State may be in
volved in 3D., We have but one duty 90
perform, and that j., 10 tread the path
marked out by the law.
To coin money IS an act Of sovereignty,
and bv the older authorities, il is held OF
such vital importance 10 the honor Of
the State. thar it was placed among the
preroEatives Of majeSty-and could not
be DELEGATED The faith and credit Of
the State was always pledged for the
genuineness of the coin, ana the wisdom
and policy of the ancient law, would not
therefore eatrust the exercise of this
right 10 any other hands than the reign
ing sovereign.
Under cur form Of Government the
right to coin money Is, by the Constitu-
non. expressly delegated To Congress.
But 20 exercise this right, requires the
exertiou of the sovereign power OF the
nation. No less power than the con-
sent Of both Houses Of Congress with
the approval Of the President, can au-
thorize the cciBing OF money, or the
I-uitegsa States, predicated on the faith
and credit Of the nation.
The published Constitution Of the
g Confederales States differs IN
nothing fr0ia our own with respect TO
the grant of these powers, and the
mode Of exercising them. II purports
fully TO confer the power to issue bonds
or Treasury notes, but could that polltl-
cal organization lawfully exercise such
poxere Was ii such an independent
State as would authorize the exercise Of
sovereign powers?
It's claiTled for them that they had
thrown off the power and authority OF
the Government or the United States,
and so far erected new and independent
government a. 10 he, al least, a govern
ment dc f1ot0, and as such entitled 10 all
the rights and privileges belonging to a
sovereign and Independent nation.
We cannot sssent 20 this proposition.
To do SO, wousd be 10 settle, by Judicial
determination, vshst the Confederate
States failed % achieve by arms. The
very object the Confederate states had
in view in the great struggle now ended
iu the complete triumph of the National
mower. was TO establish a separate, IL
depeudent, national existence, ana fall
inF to. ACCOMPLISH this object, the courts
of the country can afford no relief. They
are bound, as wen upon principle as 2u-
fhorftv. To recognize the ancient order
of things as remaining unchanged.
This Question is neither a new nor g
doubtful one. All the authorities, both
in ENGLAND and America, concur in fix
ing its character. It is not judicial
question but eIninently great public
political question, which must he deter
mined by the legislative and Executive
dengrtm-nts Of the National Govern
meut. Hslleck on international Law,
section 20, while speaking on this sub
iect. savs "Until tie Independence OF
The new state is recognized by the gov
eminent Of which 81 was before part, or
nv the Foreign State, when It's s0ver-
eirutv Is drawn in question, courts Of
Justice and private individuals, are bound
10 consider the ancient state Of things a.
remaining unchanged
In the case Of Rose -. Himilv four
Cauch. two hundred and fourteen, this
question came directly under review,
and Chief Justice Marshall, in delivering
the opinion Of the Court, said: 'Ihe
colony Of 81. Domingo. originally be-
longing 20 France, hsd broken the bond
which connected her 20 the parent State,
had declared herself independent, and
was eudeavofinE 20 Hupport that inds-
peudeuce by arms. France stil asserted
her claim ~ sovereignty, and had em-
ployed a military force In support Of
that claim. 4 war de fGetO Ungues-
ti0uR5ly existed between France and
S. Domingo. II has been argued that
colony, having declared itself a s0veT-
eign State, and having thus Ear MAIN
tained its sovereignty by arms, must be
considered and treated by other nations I
as sovereign t1 fact, and a. being enti-
tied % maintain the same intercourse I
with the world that is maintained hy
other belligcrent nations Iu support OF
this argument the doctrines Of Nattel
have been particularly referred %. But
tine language Cf tGst writer Is obviausly
addressed % s0rerC '90s and 10t 10 cg1a-s /
IL is for governments 70 decide whether
they win consider 81. Domingo as ma in
dependeut nation, and until such d.ca
sion shall be made, or France sboV r.
Faglfish her claim, courts OF justice must
consider the ancient state of things as
remaining unaltered, and the sovereign
power Of France over the colony un-
changed.
This question again came before the
Supreme Court Of the United states, In
the case Of Hoyt a.. GelstOn, WhestOn
80 hLEA ELlE fIall-t aAI a-aAt-ta Az As''eH
as. Himflv was fully recognized. See
also tie Santissma Trinidad, and the 81.
Ander-7 Wheaton 2S5-and kennett e
al as. Chambers, IA Howard, IS. And
stil I'm a later case, in the trial Of the Sa-
vanDah pirates, In the Circuit Court Of
the United States for the Southern dis
triot Of New York, Mr.. Justice Nelson
with whom Shipman, Judge, conciirredi
while delivering heopiniOn Of the Court
said: "It Is claimed that the Con-
federate States have thrown or the
power ans authority Of Che general gov
ernment-haTe 2 new and indie
pendent government in its place, and
have maintained against the whole miii-
fary and naval power Of the former, that
il is at least e government siefQctct and
entitled to all the rights and privileges
that belong to q sovereign and independ-
ent nation. The right, also, eOnstitu-
tional or otherwise, has been strongly
urged and the las of nations, and the
commentaries Of eminent pnblicists,
have been referred to as iustifyiag these
eession or revolt Of these Confederate
states. Great ability and research have
been displayed by the learned
counsel, on this branch Of the case.
But the court do not deem it per