The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1866-05-23
CHARLESTON DAILY NEWSMAY 23 1896

faith of them are founded upon a consideration
not 'ainted with tho illegaIity Of their issuance,
ana consequently such consideration will
make a good and valid contract.
, Asslmilatng the case under consideration to
the ruIe or Armstrong Toller, tho illegal impor-
tation OF the goods in that case vitiated all con-
tracts connected with it, but when they passed to
persons innocent OF any impropricty in their i'm
portaton, to wit the retail merchant, the tailor,
his customers, etc-al contracts with or for said
goods arc declared valid and binding on the par
ties. Tho taint which affects subsequent contracts
IL not connected with tho thing, but only the ie
gal act; and the test to ascertain that fact, laid
down IN tho case Of Simpson us. Bloss, Taunt.
2l6, is whether tho plaintiff requires any aid
from tho Illegal transaction to establish his Cas""
he docs, the contract is void, il he docs not it
| is valid. So i'll the before tho Court Tho
issuance of the treasury notes by the Confederate
States WAS tho illegal act, and would viliaic all
| contracts connected with it; but when they went
into the hands OF persons entirely innocent of any
complication OF their illegal issuance, and were
used by such persons as q consideration in con-
tracts, it WAS legal consideration and created
valid and binding contract.
The question then occurs, in the case before tho
Court, what connection did the contract between
the parties to this suit bear to the illegal act of
issuing tho Treasury notes? There ii no dispute
by both parties to the present contract, that on
| tue 9th January, 1864, complainant paid defon
dant in Treasury notes Of Confederate States Gov
ernment, which he received as valuable at the
time, seven thousand dollars, in payment for
twenty thousand pounds of lint cotton, which de-
fendanG was to keep and deliver at a subse.
but tho final delivery OF tho cotton. The
question again occurs, in what particular is
this contract connected with tho illegal act Of
tho issuance of these notes, or what aid is
required from that illegal act to enable
complainant to sustain his contract? We
confess that wo can SEQ none whatever. Tho con-
tract is perfect in itself, and requires no conncc-
ton with the illegal act complained of, to render
1t more complete. Suppose complainant, being
retail merchant, had purchased from nn importer
goods imported in violation of the law, MS in tho
case mentioned in Armstrong and Toller, without
having any connection with tho illegal importa-
others for these goods is declared in that case to
he yald-and suppose, instead of Treasury notes,
ho had paid defendant for tho cotton in these
goods, will any one in tho face of tho decision i'm
that case, deny the validity of such n contract;
and if not, how is it possible they can doubt the
validity and binding obligation of the contract
under consideration, when said Treasury notes
hear precisely the relation to their illegal is
sue that said goods bore to their illegal importa-
ton
We confess we have felt the delicscy of our po-
sition in deciding this caso. The magnitude of the
question, the immense interests involved in the
decision, rendered it important that hasty con-
clusions should be arrived at; and we have there
investigation as we are capable OF doing. From
every view we have taken Of the case, the conc.u-
sion forces itself upon US that our duty requires
we should grant the prayer Of the bill.
Let decree be entered for the delivery of the
cotton to complainant in accordance with tho con-
tract and in tho alternative, il tho cotton cannot
be had for the value Of it, and defendant pay the
costs Of the suit. GEO. r. CLAYTON,
Special Judge.