Daily union and American. [volume] (Nashville, Tenn.) 1865-1866, 1866-01-06

political departments Of the mother government,
In order to be recognized by the courts OF the
country. namely, the legislative and executive
departments we must LOOK 10 ne acs o. me- h
act Of the nation through her constitutional pub
lie authorities
The reason Of this rule Is so obvious, that
Il requires no comment TO enforce it; and at
the same time, il is so fixed and determinate,
that il admits Of no latitude of construction.
The courts are bound to follow the action OF
the political departments Of the Federal
government, and when they fail or refuse TO
recognize the existence of the new govern
ment, the courts can do nothing more than
administer the laws as they exist under the
old. Any other rule Of practice would break
up the harmony Of the government itself,
and expose its political and judicial depart
ments TO continued conflicts. The one might
recognize the Confederate States" as gov
eminent de facto, and the other refuse-who,
in such case, would judge between them
So, also, of the erection of a new foreign
government, the one might recognize it as
sovereign and Independent power, and the
other refuse. Such a practice would involve
the nation in interminable conflict of power
at home and endless difficulties abroad. The
acs of recognizing the existence of new
government, is the act Of the nation itself,
and the highest exercise Of sovereign power,
and if done by any inferior power, it could
avail nothing either to the new govern
ment or 10 its citizens. What advantage,
if by any possibility the Courts were to re-
cognize the Confederate States as Govern
ment dc facto, would accrue TO those who
once claimed to be citizens under it? Such
a recognition, if il were legally possible,
could only have an international operation.
1t could not bene6cially effect individuals.
"The Confederate Government" de fdcto
or otherwise, that enacted its laws, has ceased
10 exist-it has no power TO enforce them
and surely it will not be contended that the
Courts of the United States, State or FEEDER
al, are bound to execute the laws of an ex-
tinct, insurgent power, enacted against the
policy and authority of the Government Of
the United States, and expressly for its over
throw. Such a principle, we apprehend,
would be unprecedented, and directly ope-
rative TO enable the insurgents to take adj
vantage OF their own wrong-a principle alb
horrent to the laws of all civilized coun-
tries, and no where to be tolerated. No
rights or protection can accrue TO individu-
ais under Confederate laws. They were en-
the policy, laws and Constitution of the
are bound to treat them as if they had new
er been promulgated.
Applying these principles to the case I'M
der consideration, there can be no difficulty
in determining the rights of the parties.
The payment is evinced by the receipt, hav-
ing been made in Confederate money!
was utterly void. The paper itself having
been issued against public policy-for an
unlawful and illegal purpose, and without
any authority of law which this court can
take cognizance, must not be held as worth
less bank paper, issued by legally consti-
tuted corporation, but as paper, issued with
out any legal authority whatever, and there
fore worthless in the payment for property or
pre-existing debts.
#This principle has been sanctioned by
this court in the case of forged or counterfeit
paper. In the case Of Wan VS.. Street & Co.,
, Head, 600, the court said A payment
of genuine bank notes, supposed by both
parties to be good, though in fact worthless,
will be binding, and the loss must fall on the
receiver, in the absence of fraud. 1t is 9TH
wise if the notes be not genuine-not what
they purport to be. So payment in forged
paper would be void and have no effect as a
credit or payment for property or pre-exist-
ing debts"
Much more must this principle be appli
cable when the notes purporting to be mon
ey, were issued against public policy as well
as the laws and constitution of the United
States, and expressly for their overthrow.
But we do not say, that case might not
arise, involving Confederate money as the
basis of an executed contract, where the
rights of the parties were vested, which the
courts, for the repose of society, would not
disturb In this case the credit was not en-
tered, and the application of the principle is
without embarrassment.
Affirm the judgment.
MILLIGAN, Judge.
Attest J. G. FRAZER, Clerk.