Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1867-01-25
JOHN L. BUGG, clerk

JOHN l.. BUGG, clerk"
A portion Of this fund, as il appears. was
paid over 20 the devisees, but how much is
not very accurately shown; and part, with
many Of the papers Of the clerk, was lost
during the war The devises entitled to
the fund under the viii, were not all salts
fed, and the record is silentas 10 any effort,
on the part Of the clerk, while the fund was
in his hands, 10 meet the express iniunc-
lions Of the decree.
Under this state Of facts was the pay
meut in Confederate treasury notes a salts
faction Of the execution, and an extin-
guishment Of the Judgment We have
held that Confederate treasury notes were
issued without lawful authority, against
public policy, and for an illegal and trea-
sonable purpose, and that the courts of the
country would not lend their active aid TO
enforce contracts based upon them. But
for the repose of society, when contracts or
other transactions we're executed, we would
not, although predicated upon Confederate
notes, disturb them. This rule, we think,
more clearly conforms 10 the principles Of
established law and sound policy, and more
directly meets the torn and distracted con-
dition of the country thar any other we
could establish. II is true il does not meet
every contingency, nor can any other rule
hp declared that viii DO SO. Hardships
and losses must fall somewhere, and, like
the casualties Of FIRE earthquakes and death,
the calamities Of war must be borne BY
those who are the lawful holders Of the
money or property at tie time they fall
upon them.
The principles Of the case Of Crutchfeid
yg. Robins. Lingley q Co., Hum. 10, and
Pennington as. McWhirter, 8 Hum. 100,
referred 10 in argument are not applicable
90 this case. They hold that a judgment il
not discharged by payment to clerk or
sheriff, property or evidences of debt or
anything BIT money or current bank notes,
&c the latter be not objected 10 before their
reception. This case stands on different
principle altogether. We have never
recognized the power Of the Confederate
States 20 coin money, or issue treasury
notes. But, as a fact, IL is well known they
did issue treasury notes, which for a time,
within the revolted States, served The pur-
poses of money, and exchanged property
from hand 20 hand. But still these notes
were not money, or its lawful representa-
ton. in any sense in which a court, State
or Federal, sitting under the constitution
and authority Of The United States, could
recognize. But the public policy Of the
times which, like freud, can never be de-
fined, but Is ever dsctuating aud varyihE
with the habits and fashions Of the day
the growth OF commerce and usages of
trade as well as the prosperity and public
misfortunes of the people, demand that
settled transactions aud executed contracts
should remain forever at rest
This case falls under this rule. The
Judgment was in favor of the clerk, aud he,
1s trustee. was responsible, under his bond
as commissioner, 70 the plaintiff in this
motion. lie controlled a. his peril the
Judgment and was not legally bound 10
receive. in satifaction of II, anything but
money; but he chose without objection, 90
take Confederate treasury notes, and vol
UNFAIRLY entered q satisfaction Of the ludg-
ment upon his execution docket. More
than this, the record does not show that he
made any effort, as directed by the above
decree, TO distribute the fund 20 those emit
tied 20 IT, under the will II died on his
hands, or was lost in the casualties Of war,
and il e. now too late 70 set aside the salts
faction Of The judgment, and compel the
defendants 10 repay H.
Judgment affirmed.
AluueAN, Judge