Brownlow's Knoxville Whig. [volume] (Knoxville, Tenn.) 1866-1869, 1867-11-20

lem spc md s.
wc have e1eatsdIy heien that Treasury
put crcuiaon without authority Of
purposes They were issued put in circulation for the
purpose Ct snppcTtag and esrryng Sn en- ar ne
States and within the territory Of the United upon
the independence Of the states America All
who voluntarily reosived or paid Them cut as cur
ave property chargeabe with full notice Of the
ton and in receiving passing said gave
aid aud support TO the rebellion by giving credit and
currency the means which furnished the eboo OF
gbr 4 distinction as to the nature
tent the relief which will be granted to persons who are
parties agreements other ransatiens against public
policy and therefore to be deemed pes erinis
which will granted 70 parties to agreements illegal
Iy because they naaEa prokta maa cases
account Of their being against public policy the rcumstan
that the relief il asked by party who s Pas rss
requires that relief should be given and il is given
the public through the patty and IN these cases relief will
transactions but also in BY ordering repay
ment any money paid uader it, 1st Srys Eq 29s,
An founded upon OF in consideration Of Confede-
ven to chem are tainted with the original unlaw full trea
sonable purpose which they issued put
but because they are against public policy, the
public interest demands that such contracts should be dis
the public through he party asking IT, although such party
be paTticeps crtaaiss or in paiT dsi'eso
such however rprhsnsbe the acts Of the parties
nav be in entering The contract and afterwards invo
king the active ntTpOsitioh Of Court to relieve them from
Court interpoe give the relief support Of great
But It has been argued in several eases before this Court
public policy requires that these be upheld and
by Courts upon the ground that for several
years. embracing the period OF the continuation Of the recent
rebellion Sgsint The o. tne Gnoa SGn
medium among those engaged IN me rebellion, ana oTp
This argument originates in mistaken apprehension OF
what constitutes public policy and wholly fallacous
the light of authority and surely be
blind to inevitable CONSCIOUSNESS lost to all the con-
philanthropy to insist for moment when not only the
liability but the very existence TEL o. great ana Ie
proud position in the front rank the nations Of the
liberties and fortunes millions people,
nation placed the balances and weighed against &
ing resting solely upon tho consideration
Of which illegal rency issued and circulated for
no other purpose than that OF aiding IA the
OF treasonaae enterprise by which was sought to dis
member and destroy that Government that onlghten-
ed public policy looking not only to the present bus far INTO
the future requires that such contracts be sanctioned and
prses stimulated and encouraged though be az the
sacrifice Of billions of treasure rivers blood and Of the
How Court sitting under the authority Of the Gov
in an effort to ascertain the requirements Of public poll
But it is insisted that public policy requires that party
voluntarily and undersandingly entering into contract,
should be- in good faith held to performance Of such
tract As abstract proposition that is true, when such
founded upon good consideration and
Of themselves Illegal or against public policy
supported by either good valuable considerations be
performance Of all lawful contracts based either good
or valuable consideration it also mpeatvey requires that
the morals peace and happiness citizens be pre-
served and that all criminal transactions enterprises by
discouraged and punished and hence Courts will net always
themselves WITH SIMPLY withR9dng their aS from
Il is Illegal and the party applying for the relief be pGos
contrary public policy they will 90 one step further
in aid Of the public interest," and give relief against such
tracts even though the party applying was rGrtPs er
1t insisted public policy as well as justice
parties requires that nasmueh Confederate Treasury notes
deprecated and worth less the market than lawful
and the consideration reduced to the value in lawful
Of many dollars fuch and that extent
this proposition be MAINTAINED Certainly not upon tbs
that these notes constituted valuable legal con-
DO found which will authorize such practice
the proposition except in promise pay
much in said notes. and in that tho party would only
be entitled to breach OF the contract the value
IN legal tender currency OF the stipulated amount Of such
can maintained upon the hypothesis that such
notes we're issued and put in circulation Illegally and contra
~ to public policy for in that they would only be
void but have already all contracts aad transac
0ns founded such considerations tainted with the
origins illegal and reasonable for which they
zeal absraiv 81 either scttir asd ~ cts which tbe
parties have made for themselves king other diff
rent contracts 70 which they assented holding
that although the wholly void because founded
upon illegal consideration and contrary public policy
yet in asmuch that illegal currency compared with e
far disregard that public policy institute inquiry to
ascertain what such
valid
It papable direct result would be to give value to
su9h currency and validity to contracts contrary to public
policy, and thus, in violation Of the high and duty
sanction and to and rebellion.
none would insist upon such proposition But it is in
eatedy holden that notwithstanding Confederate Treasury
Notes formed the basis contract contracts
executed for the repose of society would surb it.
Contracts distinguished into executed and executory
mains be done by either party An executory
contract to DO some future act There also class of con-
tracts parakng OF tho nature OF both executory Snd exeeu
ted contracts when portion of entirely per-
other remains be completed equivalent consdea
ton to be paid contract may be executed side and
From this brief definition Of sxecuory
tracts it is clear this is not executed contract but
executory assuming the contract to be Illegal for the
reasons before shown, there s another why
complainant sOuid not be repeied not follow that
because both parties deo conourrng 50 illegal act
they Therefore stand in par do for there may be and Of
ten are different degrees in their guilt party may
dereircumsances Of oppression and imposition hardship
his guilt may be far less in degree than Of his
the oieaeen lst Story Eq. sec. 800 and note 3
The borrower nihcany called the slave Of the
and Is compelled to submit the oppression and
his necessities impose upon him. Equity regards Dor
tho party under oppression and mpeed by hard
ship and necessity and in such though
o with the lender Il is further insisted that notwith
W oL ,le note was llegal ana the
voluntarily submitted the in dispute 70 srbitTstio5
the sum Stipulated in the award sno proPos
ton could not be maintained upon either principle or suor
ty.
So to declare the law would be hold that by the devices
OF lesorng TO this domestic tribunal public policy and the
interest OF the public under the constitution and Gov
eminent Of the United States may and injured
and policy wholly inmica thereto suDsttuted which the
Courts OF this country bound enforce No one fall
Ior ono moment, TO how penicious precedent
would be- 1t would directly indicate future
might conceive the design coDspng for the overthrow Of
puoc morals and religion the destruction the peace and
happiness Of society for the su5veron Of tho Govern
ment, the uUrpaon of ts powers that notwithstanding
such conspiracy and everything which may be
therance OF such design is unlawful and contrary public
pOcy, yet within their precincts b. be con-
yenien means BY which they readily
eat pu Bile policy and give validity to their contracts
ever YoatiTe Of public policy however preudcia TO tho
public interest," entered into in aid Of the conspiracy pro-
and Of the spirit and majesty Of law cannot moment
be entertained
The award upon shows that the consideration Of
inc note was Confederate Treasury Notes. this
M basis OF inc award IL effort upon the Of the
trOira0rs % do that which only forbidden
therefore simply void and forms obstacle the relief
fought BY complanants Sec Pecks Rep o. aufhOri-
les cited the principles Of which been twice approved
~ this Court during the present Term, Of
= ala vs. HoadFick et al, and =
The cecee Of the Chancellor - aud be-
ne Eotes and the trust deed both sod ad making the
JUNCTION heretofore granted perpetual.
true cory. HAWKINS,
Fest Judea
81. l.. PATTERsoS ClerS.
ANNOUNCEMENT,