The Union flag. [volume] (Jonesborough, Tenn.) 1865-187?, 1866-01-26

been particularly referred 10. But the Ian,
Tuage Of that writer 10 obviously addressed
"a -Aos~sigat aud NOT % courts. glsieraeeh
erhsaents ID decide whethet they Nhl eP-
elder ST. pomihgG NJ M inafPendfAt nauqi,
and untsl shch f~xcision sA'l "a made, pr
FrdnA shala reid esh her biM, tyurts os
%iusllds musl COZ Ter the Ahcieas state
thinks as kemaiAsp unAhered and IVY
sovereign power Of France over ths colony
unchanged"
lsNTh1 iRentSda Kgnia xamea bsfore supreme
Court uofgthe United States, In the case q
II Howl ks. Nelston, , Wheaton, az, when tne
RFlnctplB sguled III Rose W. Hlmify war fuiiy
Fecu8nizaa. Sec slso she SgptiseimA TEiai-
dad md lths 81 Andcr-~r Fheaton 1b0r
ana kennctt efal. vs., CAGmbers "a HpwarH,
SO. And SGllip 4 laisE case Aa ths triale
the Savannah pirates, In the Circuit Court OF
the United States 70. the Southern District
of New York, Mr.. Justice Nelson, With whom
Shipman, Judge, concurred while delivering
tho opinion Of the Court sAid;Y AIE
~ 10 eiaims that tho ooniedeAte States have throvn
81 he power and authority Of the Generl GoEeFnmenk
--have erected Anew aud indfpehesnt gqlet pnelt "
~ plses, and have maintained MaeAi.st ,ns Tho,s ny.
rsvarsnsS n Xtto, AID Saatie4 q alhtbe Hshu
aad privileges that belong % q sosefeiea.hnd indeihen-
dent nation. The right, also, constitutional Or ether
wise, has been strongly urged, and tbslaw q pegona,
ADD tho eommthhriss Of smsnent pabieists, ntye 1esn
referred 10 asJostifyingthe seeatlan Of rbvoit efihsee
S co. 49, s's y N s I.s,Sss sS ~ s. Ell or DrI sSis bfsScE
o. the case Bat the Court DO not decin II partinent OF
material "a enter into this vide Did ~ ipqulrg. ms
branch flha anlencahnSalse fenaeaeNb9ht pist ~
not belong 20 the CourtH OF the country. IL Involves
ths determination Of great public and poAiiyFt Aeess
tlonF, that have charge OF our foreign raatlons-tho
l%sgislA.iys and e1ssssiSs sspasi%one n@ee % %nris,a Se,
and unul thge departpentshsye F~Seosniasd tne exist.
sace 81 thohew gDVsTnnehS ds saatie Of the nation
cannot, aN IS sfseeB attf uu agitrnBl il.
The learned Judge, after declaring that
this has been the uniform course of decision
and practice OF the courts Of the United
States, goes on further to say; vi Dill
.sTbe Foso,, Of the spanish colouy Of south AmssS
lea, and tho neg Gpyernupnt. srertqds w separating
from the mother country, were acknowledges hy On
act Of Congress, on the recommendation or he-freN-
dent. IN 1850. Prior 70 this rvecgniiipn, and aaring
lie civil war between Spain and har colonies, N was
the declared psllcy Of bur governnIeub TO treat both
parties as ~beiigasnis, endtled equally 2 tbs rights o.
asyium and hesp,saiay, ana ta,Is. " anr Gossrnncn
y SaVsiIt eSsiIta 10 az sotsrclsst fikstH o6 bt y
against each other. This was also the doetpnapf tha
courts, which they derived rom the RQneA y ny sSs
soyer1ms st' XIII fespects oaf FeSiass Wits inv edst
crnments, erected On tho' oseahpaT q theolf, ma
II this Is tie rude ef the Federal Conrfs, ~ fAae pfe
revolt and erection q a new government, 40 rsreea
oreign nations mpeh more b me rule appieaplg Flfh
the question arses 10 rrspert 1A Tefolt, ndih3f rf1
ton Of a new government within 'he hni4 W. ssainst
the authority u the government under whieh Ne arg
engaged In administering her laws. 40 N1iseepneelidn
II 4 proper 10 say, a. the Confederate states musl nrsy
10 recognized py the political aspssunsau 9 ,hs
courts Of the country, namely, the, legislative and o..
scative Departments, ge must pok y fhe aets q thssf
departmeGu ~ evidence OF the het. NEAR lsiths
act Of the nation through her constitutional public au:
thoritioa.' a7it
The reason Of this rule is SO obvious, that
Il REQUIRES no commentto enf4fcs il; aud at
the same time, tits so fixed and determinSte,
that IL admits Of no latitude'o Of construction.
The eouits are bound to follow the action OF
the political departments Of the Federal Roy-
ernmt and when they fail or refuse 70 reeog-
mise the existence Of the new Government,
the courts can do nothing more, b admin
ister the avs as they exist undor the Old
Any other rule Of PRACTICE would break Up
the harmony Of the g6vernuleat itself and
expose its political and Judicial departmsnts
TO continued conflicts. The one might re-
eognise the 4" Confederate States" as 4 gov
ernment de faeiO, and the other reiuseAwho,
in such a case, would Judge hstween them
So, also, Of the erection OF 4 new foreign
government, the one might recognize IL rs
sovereign and independent power, and the
other refuse. Such \ practice would involve
the nation In intermimabls conflict Of power
at home, and endless difficulties abroad. The
act Of recognizing the existenee OF y new
government, is the act Of he nauon itself,
the highest exercise Of sovereign power,
and II done BY any inferior power, II could
avail nothing either 70 the new, government
or 10 lis citizens. What advantage, II BY
any possibility theYcourts were 50 recognize |
tbt Con(ederate States as q Goyernment de
Caeto would accrue to those who once claim
ed TO be eliEensi abdef it7y Such E7rgcog~1
IL Il were legally possible, could only
have an international operation. II could
not benefciRliy effect indiYidualss gr17r1- \,
"The .O~onfedsrate Goyernmspt' de Ielo
or otherwise, that enacted It's laws, has eeAs-
ed to exisa-it has no power to enforce them
land surely il will not be eoniended that
Courts Of the United States, State or Fed
erAl, are bound to execute the laws Of an ex-
tinct iusurgenl powell enacted against the
policy and authority Of the ,Goyernment Qf :
tbs United States, and expressly dfor o.
oyerthroW. Sach a principel we, R%pPrehend,i
"uuiu ". uNpfFNFHcNtVN wv Nh"ftI hPNANW
70 enable the ihsufgents 10 take adyah-i
their own wrong-a principal abhor-
ieat TO the laws Of al civilized eouptpes,
and nowhere To DO tolerated. 80 rights or !.
protection can accrue 10 individnals under
Confederate laws. They were enacted with
,nt lawful authority, andagainsl the polieyflsI
avs and Constellation Of che United States,
md the courts Of the county. are bound to
seat them as IL they had never been pro- J
.nulzated. . nty . fefh lraoiaK lsl
Applying these priuqIpIesA 10 the ease under !
.onIfdefation, tbereid,h be no difficulty In
lsterminlng the rights tof The parties. THE !
"a eylneed by the receipt having
,een made In "Confedefate money vas ut !
erly void. The paper itself having been +,
against public p0lieS-for al u~nlawfuIb
nd illegaf purpose, and without any author
- OF law which ihis court can -taks-eogni-
.snce, mustunol be held az worthless bank
'apeF, issued by q legally constituied corpo- c
alton, buta paper, Issued without epy le- +,
Ai authofiiy ThAtevsF, AID therefore aorth. :
sss in the payment for property Of prs sKist ;
o. debts. I
This priueiphHhHs been sanctioBed- by tbisr'
curt IN the case o. forged OF c0ustrist 81 ?
- .... w. na..s A n. y