Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1866-10-29
MISSISSIPPI DECISIONS.

Mississippi is famous Tor judicial deci-
sions, and for some excellent ones, too
We do not remember what number the
Supreme Court reports have reached, but
tits great. One of the papers at jackson
devotes large portion of its space to
those now flowing from that tribunal at
great length and in quick succession.
The Circuit Judges are addicted to giving
elaborate opinions, which find their way
into the prints and are eagerly read
From the amount Of this kind Of litera-
ture in circulation among them, we should
Judge our Mississippi friends to be, gener-
ally, excellent lawyers. Judge YERcER,
who recently held Circuit Court at
Friar Point, decided very important
point. 1t was q suit ION a note dated
February %, 1868. The defense made
to it by the several pleas was, that the
contract sued on is illegal and void and
cannot be enforced, because the consid-
Grafton upon which the same was given
was, that the plaintiff had agreed to and
did furnish a substitute for the defendant,
who was then in the military service Of
the Confederate States, at that time in
rebellion against and at war with the
United States That the consideration
of the note was, therefore, illegal, and
against the public policy of the State of
Mississippi, as well as the public policy
and laws of the United States That the
contract upon which the same was made |
could not be lawful consideration for
any contract, and that, consequently, the
note sued on, being without lawful con-
sideration and against public policy, |
should not be enforced"
This defense the Judge thus disposes
of:
To this objection, it seems to me, the |
answer is obvious and satisfactory. At |
the time the contract was made, the |
United States were engaged in war
with certain States thereof, claiming to
be an Independent Power, organized
under a league, known as the Confed-
crate States of America That war was
recognized by the Governments Of
Europe and the United States to be, not |
mere sedition. not a simple insurrec-
ton, but an organized territorial civil
war, to which all the rules applicable to
public or foreign war, were rightfully
and necessarily applied.
That it was civil war, was recognized
by every department Of the Government
OF the United States.
1t was so declared by the proclamation
of the President blockading the Southern
recognizing the existence of the civil
war, and several decisions the Supreme
. Court of the United States, in what are
known as the prize cases. clearly and
distinctly adjudicated the existence Of
civil war, in which each party we're en-
titled to the rights Of a belligerent.
He then enters into long argument
and cites mountain of authorities, for
which we have no space The conclu-
sion Of the opinion is clear, and, to our
mind, just:
The defendant at the time the contract
was was W tue law anu |
of the Confederate States, then a reeog-
nized belligerent power, held to military
service, and to which he owed allegiance
and duty. By the laws of that power
which SO held him in service, he was
authorized to obtain his discharge from
the same by furnishing substitute He
applied to, and obtained, through the
services and exertions Of the plaintiff,
who was also resident within the Confede-
rate States, a substitute TO take his place in
the army, and was then discharged from
his military service. For this service by
the plaintiff, he executed the note sued
on. This service was rendered at time
when the Constitution and laws and pub.
lie policy Of the United States were dis
placed and suspended by the belligerent
power then in possession of the territory
called the Confederate States, and was
made in accordance with the laws and
public policy Of that belligerent power,
and TO further and maintain the pur-
poses Of its organization. The
laws and policy Of the State of
Mississippi were subordinate to the
policy of that belligerent power,
she being within its territorial
jurisdiction and occupancy. Thus the
contract being made between the citizens
Of the State of Mississippi, owing tempo
rary allegiance and obedience to the laws
Of the Confederate States, not in viola
ton Of the policy of the United States,
or the State Of Mississippi, then and there
existing, but made in accordance with
the public policy of the power having
possession Of the territory and control Of
the allegiance and duty Of the parties to
the contract, is binding and can be en-
forced in the courts of the State Of Mis-
sissippi
Judge CLAYTON, at Holly Springs, has
decided exactly the reverse; that a suit
cannot be maintained to recover on a
note given as compensation for the hire
Of substitute in the Confederate army.
OF course the question goes to the High
Court at jackson, and then into the re-
ports.