The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1866-11-20
1mpoRrANT DECISION.
Tho Statute of Limitations Suspended by
the War, Go.

| s~~5
We learn from the Baltimore Sun, Of Friday, that
an important decision has just been rendered. IN
the Circuit Court OF the United States for Mary
land by Judge GILES, in the case of the jackson
Insurance Company, Of Memphis, Tenn, against
JAMES A. STEWART.
This was an action on q bill Of exchange drawn
in Memphis in Februar 1851 a. SHY GAYS .ud 0d
Planters' Bank in Baltimore, and accepted iy BY
Stewart but protested for non-payment April 2o'
1861.
Plea. statute Of limitations. u.
Repoatons-1st. That war r exatea wmgn ra nd .ng
not ELAPSED between the close OF the me War ana Tue
COMMENCEMENT Of the suit. I'd. That tho Presl.
don't of the United States declared war aga1ns! ann
Tennessee by his proclamation OF August L. aooa}
which was in force until by the proclamation o OF
the President June 13, 1865 Tennessee was !. re-
stored to tho Union and that the intorVas OF time
which elapsed from the maturity OF the Dill TO Inc
beginning Of the war, and from n the Close ol tdo
war to the commencement OF this sulG ulu uoo Co
gether amount to three years.
To these replications general demurrer was
Aft After full argument the court, Judge dilos, de-
% Unauestonaby in this case leu tori prevails, and
not lei ioci controtus; hence the Court will apply
the law Of Maryland, which requires suits to D.. be
brought within three years. Md. CONS are. o''
sec. / and 2. .c.,o.ao..4.aa
nroyided for: but it is mistake to suppose that
eeYcentions may not arise other than those men-
toned in the statute. The law always suppooses
the oxstonce Of party in being capabie OF suing;
and if whon the o. acton ncGraHS a
begin to run until such party comes into being.
Hence if war hadoxisted at the time this cause OF
action accrued limitations would not have begun to
rub against paintis claim 4nt ana1 t me war ehoaa
cided that the President of the United States had
the right by proclamation to recognize the exist
e state Of var: and that the y, war, from
and after the date OF such Prooiamatlon' existed
and the rest of the United States. Also, that the
late war when 30 declared md recognized by the
Presidents proclamation, bocamo 9 ciuil aoa,,, and
imposed upon both bolligerents all the rights and
Of such war Ihls was one 1f the
and the principles then enunciated have since beon
fully confirmed by the Supreme Court of the
United States in the Prize Cases, 2 Black, 635.
The justicespf that court wero unanimous as to
Of civil war; but the throo dissenting Judges were
Of opinion that the war began only after the pro-
olamation Of the President Of August 18th, 1881,
passed in pursuance Of power conferred upon him
by the aot>of July 18th, 1851.
no doubt that var existed in consequence Of the
proclamation of the President Of August 16th 1aee
and not before, Ra that State was not inch1laSaa
the previous proclamation. :.
iaa well settled principle thsa&
esats5ts ssasssts aads ass d,fag &c
principle is fully recognized by the g
in regard to our late OWL war.
In ancient times private properly @ OLE o.
Happily all this has been changed in modt N
times, and now, while contracts made during war
betwoon alien onomios are absolutely VOID, belng
tectod, and bona Jide contracts made bofore the
breaking out OF n var ore suspended during lts
existence, but reuive at its termination. 10 tho
honor Of the United States and Groat Britain DO II
enid that these rights have always been respected
It has been repeatedly decided by both State and
Federal Courts that whero, by Legislative onaot-
mont, parties arc prevented from prosecuting
their clai,ns tho interval during which such pre- pre-
yention lasts is not to be counted no part OF the
stimo allowed by tho statute of limitations. Now
the power to make war md pence is, by the Con-
stitution of tho Unitol States, delegated excll1-
siyoly to the Fodoral Government; and ae during
tue war the plaintiff being corporation OF tnG
State Of Tennessee, had no right TO brlng sun
against tile defendant, who was q citizen Of Mary
land, the Maryland statute OF limitations was sus-
pended during such period. Tho general ruo un-
auestionably 49, that where tho statute OF llnilta-
ton has once begun to run, no subscquoh6 dlsaol1l
ty will arroat it. -. -.,s,.5z...4
But we have already soon that legislative enact
mont suspenls tho running of tho statute and the
ammo result follows from tho declaration Of war by
the supreme powor OF tho land. For it is well
recognized principle of the law of nations that the
debt is not extinguisied by the war; only sus-
pended during tho war; md revives in fun force on
the restoration Of peace. A War, thon, having
certainly existed betWoon Tennessee and tho Iede-
raj Government, from the Presidents Rroclam1a-
tion Of August 10th, 1861, and which, although
civil war, yet according to tho decision OF the
Supreme Court in the prize cases, carried with It
all the consequences and disabilities OF PUBLIC
war, it follows, therefore, that tho plaintiff ID
this case could have instituted no proceedings IN
this Court until poaco was proclaimed by the Presl-
dents proclamation Of Juno 18th, 1866. .Zo,,
This suspension, being. by the exercise OF tlle
paramount authority of the Government, cannot s9t
cause of action, but tllat his right to suo, sus,
pended by tho war, revived when it ceased. ana ~ Y
as it has not boen three years from the maturity
of the cause Of action to tho commencement O.
the war, and from tho termination OF the war TO
barred ny limitations, and tho demurrer is, there
Fore overruled. .
The case being then, by agroement, submit:e
TO the court, Judgment was given for tho full
amount Of the plaintiffs claim together Wild ln ~
August, 1861, and from the 18th of June, 1865 to
date: @ no interost being allowed from the time dur
ing which the war lasted. ...,..o..zo
Messrs. George VIM. Brown and Arthur George
Brown for plaintiff; Jervis Spencer, Esq, for de-
fendant. ~
The Savannah Ne,os and Herald of Monday the
10Th inst, says: Z -.
THH SHIP Apm1nA1.-Ths ship, consigned to
bIr. Carl Epping, which wont shore on tho South
| Breakers noar St. Smons' Island, has been swept
bY tho high tides into tho SWaBh channel. we