Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1866-01-10


. that do not belong 10 the courts Of tn
y country. 1t involves the consideration
of great public political questions, whicl
belong 10 departments 0f our govern
ment that have charge of our foreign re
- lstions-the legislative and executive de
partments-and when decided by them
- the court follows their decision, and unit
these departments have recognized Tia
existence Of the new government, Tia
~ courts of the nation cannOtn -
5 The learned Judge after declaring tha
y this had been the uniform course Of de
> cisiOn and practice of the courts Of tn
United States, goes on further to say:
''The revolt of the Spanish Colony O
South America, and the new Govern
Q ment erected on separating from tn,
Il mother country, We're acknowledged by
D an act of Congress, on the recommends
2 ton Of the President in eighteen hundred
and twenty-five. Prior to this recogni-
ton, and during the civil war between
Spain and her colonies, il was the de-
8 clared policy of our Government 70 treat
both parties as beligerents, entitled
equally TO the rights Of asylum and
hospitality, and to consider them IN
. respect to the neutral relation and
duties of our Government as equally
+ entitled to the sovereign rights OF war
]
the doctrine of the courts, which they
derived from the policy Of the govern
ment following the political depart
ments of the government, as it respects
our relations with new govern ments,
erected on the overthrow Of the old. And
If this is the rule of the Federal courts, in
case Of a revolt and erection Of q new
government, as itrespects foreign nations,
much more is the rule applicable when the
! question arises in respect TO a revolt, and
the erection of q new government within
the limits and against the authority Of
/ the government under which we are en-
! Gagged in administering her laws. And
I iu this connection il Is proper 70 say, as
] the Confederate States must first be rec
/ Ognized BY the political department 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 the sets OF
] these departments as evidence OF the
I fact The act is the act of the nation
/ through her constitutional pnblic author
tiles"
The reason Of this rule is so obvious,
! that il requires no comment to enforce
/ il: and al the same time il is so fixed
Fand deJerminate, that il admits Of no
latitude Of construction. The courts are
bound TO follow the action Of the pOliti-
cal departments of the Federal Govern
ment, and when they fail or refuse TO re- /
cognize the existence Of the new govern /
ment, the courts can 10 nothing more [
than administer the laws as they exist 1
under the old. Any other rule of prac- I
tice would break up the hsrmOny of the /.
government itself, and expose its p0liti- /
cal and judicial departments TO con- I
Iinued conflicts. The one might 4
reorganize the Confederate States as q /
Government de JdctO, and the other
refuse-WhO, in such a case, would
Judge between them? So, also, OF the
erection of q new foreign government,
the one might recognize it as q SOW
eTeign and independent power, and
the other refuse. Such 8 practice
would involve the nation in intermi-
nable conflicts Of power st home, and
endless difficulties abroad. The act Of
recognizing the existence of a new
is the act Of the nation
itself, and the highest exercise Of SOW
ereiEu power, and if done by any in
feriOr power, it could avail nothing
either 10 the new government or 70 its
citizens. What advantage, if by any
possibility the Courts were TO recognize
the Confederate States as q government /
de fucy0, would accrue to those who
once claimed 10 be citizens under it,
such a recognition, If u were legally p.
possible, could only have aninternational +.
operation. 1t could not benefcially :
effect individuals. "The Confederate
Government 6s fGctO, or otherwise, :
hat enacted its laws, has ceased to exist !
1T has no power to enforce them-and y
surely il viii not be contended that the I
Courts Of the United States, States or :
-deral, are bound TO execute the laws I
If an extinct, insurgent power,
Enacted against the policy and authority :
IF the Government of the United States, =
md expressly for rs overthrow. Such a :
principle, we appreheud, would be un- :
lrecedeuted, and directly operative 70
.nahle the insurgents 10 take advantage :
II their own wrong-a principle abhor- !
-ent 70 the laws of civilized countries, .
md no where 20 be tolerated. No rights I
,r protection can accrue 20 individuals =
mdeT Confederate laws. They were en- !
,cted without lawful authority, and \
against the policy, laws and Constitution !
# the United States, and the courts OF !.
he county are bound TO treat them as if .
hey had never been pr0mUl gated. !
Applying these principles 10 the case
Inder consideration, there can be no diff
.ulty in determining the rights of the /
PARTIES. The payment is evidenced by 4
he receipt, having been made i'm Con :
elerate money, - was utterly void. The y
paper itself having been issued against 4
public P0licy-foT an unlawful and Illegal !
purpose, and without any authority Of :
aw Of which this court can take cogni-
.auce, must not he held as worthless l.
5auk paper, issued by q legally cOnstitu-
ed corporation, but aS a paper, issued E,
without any legal authority whatever, =
-htraF.fra FrE
.r property or pre-eXisting debts.
. This principle has been sanctioned by a
his court in the case Of forged or couu- =
erfCit paper. In the case of Wan as. .
street {, CO., two HeaO. six hundred and 4
Iine, the court said: "a payment Of y
genuine bank notes, supposed by both =
PARTIES 70 be good, though in fact worth q
eSs, viii be binding, and the loss must i
AN on The receiver, in the absence Of :
raud. It is otherwise if the notes be not y
what they purp0rt to be. y
20 payment in forged paper would be Z
-uiC and have no effect as a credit OF :
.ayment for property or pre-eXisung u
ebJs."
Much more must this principle be ap- y
0lcable when the notes purporting TO be :
money, WeTe~ssUed against public policy =
IS well Rs the laws and Constitution Of Z
he United states, and expressly for their =
yerthrOw.
But we 10 not say that n case might y
.ot arise, involving Confederate money
S the basis Of an executed contract,
where the rights of the parties were
.ested, which the courts, for the rep1se {
Z society, would n6t disturb. In this
ase, the credit was not entered, and that {
he application Of the principle is with /
ut embarrassment. {
Affirm the judgment. 4
NILIIGAN, Judge 4
Attest. S. @. FRAZER. Clerk