The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1866-11-20
IMPORTANT DECISION
Tho Statute OF Limitations Suspended by
tho War, Sc.

|
tho War, Sc.
We learn from tho Baltimore Sum- of friday, that
an important decision has just boon rendered in
the Circuit Court OF tho United States for Mary
land, by Judge GILES, in tho case of tho Jackson
Insurance Company, of Memphis, Tonn., against
JAMES A. STEwART.
This was an action on bill Of exchange drawn
in Momphis, in February, 1861, at sixty days, on
Planters Bank in Baltimore and accepted by
Stewart, but protested for uon-paymont April 26,
| 1861.
Plea, statute of limitations
| Replications-1st. That war existed when tho
cause OF action accrued, and that three years had
not elapsed between tho close of tho war and tho
commencement of the suit. Cd. That tho Presi-
dent OF the United States declared war against
Tonnessee by his proclamation of August 16 1861,
tho President, June Is, 1865, Tonnesseo was re-
stored to the Union, and that tho intervals of time
which elapsed from the maturity of the bill to the
beginning OF tho war, and from tho close of the
war to tho commencement Of this suit, did not to-
| gothor amount to three years.
- TO these rephcations general demurrer was
Aftor full argument, tho court, Judge Giles, de-
cided NJ follows:
not ter tocS cont'atus; honco the Court will apply
| tho law OF Maryland, which requires suits to bo
brought 1 within threo years. Md Cons, art. 81,
In this law thoro arc certain specified exceptions
provided for; but it is mistake to suppose that
exceptions may not arise other than those mem
tlonod in the statute. Tho law always supposes
tho existence Of party in being capable of suing;
and II, when the cause Of action accrues there is
no hI snch party capable OF suing limitations do not
Hence, if had existod at the time this cause of
action accrued, limitations wouldnot have begun to
run against; plaintiffs claim until tho ended.
| On tho 7th of Septembor, 1861 this court de-
cided that the President Of the United States had
the right by proclamation to recognize tho exist
n n n pnr opl @hat kI,1
and after the date of such proclamation, existed
between the States mentioned in the proclamation
and the rest Of tho Unitod States. Also that tho
late war when 30 declared and recognized by tho
Presidents proclamation, became q ciri 1cdr and
imposed upon both belligoronts all tho rights and
earliest decisions in regard to our late civil war
and the principles then cnuncated have since been
fully confirmed BY tho Sup emo Court Of tho
The Justices of that court were unanimous as to
all tho consequences which resulted from state
OF civil war; but the threo dissenting judges wore
clamaton of the President Of August 10th, 1861,
passed IN pursuance OF power conferred upon him
! by the act of July 18th, 1861.
no doubt that war existed in consequence Of the
proclamation Of the President of August 10th, 1861
nhd not before, as that State was not included in
| the previous proclamation.
It is vol settled principle that contracts nado
before war are only suspended by the war, whereas
contracts made during. the war uosd. This
principle is fully recognized by the Supreme Court
in regard to our late civil war
In ancient S times e., private property Of alien sng
] tho State.
Happily all this has boon changed in modern
| times, end now, while contracts made during war
between alien enomios arc absolutely void, boing
against public policy, private interests are pro-
tected, and bona tide contracts made before tho
existence, but 7,eoiue at its Termination. TO the
honor OF the United States and Great Britain be it
said that thcso rights have always been respected
by them.
1t Inns been repeatedly decided by both State and
Federal Courts that where by Legislative enact
mont, parties arc prevented from prosecuting
their claims, the interval during which such pre-
vontion lasts s not to be counted as part Of tho
time allowed by tho statute of limitations. Now
stituton of tho United statos, delegated oxcu-
sivoly to the Federal Government; and as during
the war the plaintiff, being corporation of the
against the defendant, who was citizen of MARY
land. tho Maryland statute Of limitations was sus-
pended during such period The general rule un-
ton has once begun to run, no subsequent disabii-
ty will arrest it.
But we have already seen that legislative enact
mont suspends the running Of the statute, and tho
same result follows from the declaration of war by
tho supreme power Of tho land. For it is n vol
recognized principle Of tho inv Of nations that the
right OF creditor to sue for the recovery Of his
debt il not extinguished by the war; 1t is only sus
pended during tho war, and rovivos in full force on
certainly existed between Tonneusoo and the Fede
raj Government, from tho Presidents proclama-
ton Of August 10th, 1851, and which, although q
civil war, yet, according to tho decision of tho
Supromo Court in the prize cases, carried with it
all tho consequences and disabilities of a public
tr' var 1t follows therefore, that tho plaintiff in
TINS TINS case could have instituted no proceedings in
TINS Court until poaco was proclaimed by the Fresi-
dents proclamation Of june 18th, 1866.
This suspension, being by tho exercise Of the
paramount authority Of the Government cannot
be hold TO work forfeiture Of tho plaintiffs
cause of action, but that his right to nue sus-
pended by the war, revived whom it ceased. And
as it has not boon three years from the maturity
OF the cause Of action to tho commencement of
tho war, and from the termination Of the war to
tho commencement Of this suit, this suit is not
barred ny limitations, and tho demurrer is there
foro, oyerruled.
The case boing then, by agreement, submitted
to tho conrt, Judgment WAS given for tho full
amount OF tho plaintiff claim together with in
terest from tho 2Gth Of April 1861 to the 10Th of
August, 1861, and from the 18th of june 1863 to
date; no interest being allowed from the timo dur
| Ing which the war lasted.
Mossrs. George Wm Brown and Arthur George
Brown for plaintiff; Jervs Spencer, Esq, for de-
| fendant.
Tho Savannah NesDs and Herald Of Monday, the
10th inst, says
THE SHIP ADM1RAL.-This ship, consigned to
Mr. Carl Epping, which wont ashore on the South
Breakers. near st. Simons Island, has boon swept
by the high tides into tho SwaBh channol. We
| lonrn, from q passenger by tho Kate, which arriy-