Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1867-06-28
From the Raleigh Standard.
THE CONFISCATION AND SEQUEsTRA.
TIoN ACTS OF THE CONFEDERATE
ST IT e 8
OPINION OF CHIEF JUSTICE CHASE.
sHoRTRIDGE ct al as. MACON.


This is an action for the recovery of the
amount of a pronissory note for interest.
There is no question of the liability OF
the defendant to the demand of the plain
tiffs, unless he is excused by coerced pay.
ment of the note sued upon under an act OF
the self-styled Confederate Congress, passed
August both, 1861, entitled San act for the
sequestration of the estate of alien enemies,
and an a1aendatory act passed February
10Th, 1862.
It is admitted that the plaintiffs were cit
liens Of Pennsylvania that the defendant
was a citizen of North Carolina that the
note sued upon was made by the defendant
to the plaintiffs and that the defendant
was compelled, by proceedings instituted III
the Courts of the so-called Confederate
States, to pay the amount due upon it tc
the receiver appointed under the Seques-
! tratiOn acts
Upon these facts it is insisted that the
defendant is discharged from his liability
! to the plaintiffs. It is claimed that, while
| it existed, the Confederate government was
a de fuct0 government that the citizens OF
the States which did not recognize it's au-
thority were aliens, and in time of war,
alien enemies that, consequently, the acts
of seQuestration were valid acts; and, there
fore, that payment to a Confederate agent
of debts due to such citizens, if compelled
by proceedings under those acts, relieved
the debtor from all obligations to the origi-
nal creditors.
To maintain these propositions the coun-
sci for the defendant rely upon the deci-
Sions Of the Supreme Court of the United
States to the effect that the late rebellion
was a civil war, i'll the prosecution of which
belligerent rights were exercised by the
National government and accorded to the
armed forces Of the rebel COnfederacy; and
upon the decisions Of the State Courts, du-
ring and after the close Of the American
war for independence, which affirmed the
validity Of contiscations and representations
| decreed against the property of non-resi-
dent British subjects and the Inhabitants of
Colonies or States hostile to the United
Colonies or United States.
But these decisions do not, in our judg-
ment, sustain the propositions in support
OF which they are cited.
! There is no doubt that the State of North
Carolina, by the acts of the Convention of
| May, 1861; by the previous acts of the Gov
ernor of the State; by subsequent acts of all
| the departments of the State government;
and by the acts of the people at the elections
held after May, 1861, set aside her State
government and Constitution, connected,
under the National Constitution with the
government Of the United States; and es-
tablished new Constitution and govern
ment connected with another, so-called CEN
trail government, set up in hostility to the
United States; and entered upon Il course
Of active warfare against the National gov
eminent. Nor is there any doubt that, by
these acts the practical relations of North
Carolina to the Union were suspended, and
very serious liabilities incurred by those
who were engaged in them.
But these acts did not effect, even for a
moment the separation of North Carolina
from the Union, any more than the acts of
an individual who commits grave offences
against tho Sts5e by resisting its officers and
defying its authority, separate him from
the State. Such acts may subject the Of
fender even to outlawry, but can discharge
him from no duty nor relieve him from any
responsibility.
The National Constitution declares that
''Treason against the United States shall
consist only in levying war against them or
in adhering to their enemies, giving them
aid and comfort"
The word g only " was used to exclude
from the criminal jurisprudence of the new
Republic the odious doctrines of construc-
tive treason. Its use, however, while linn
iting the definition to plain overt acts,
brings these acts in conspicuous relief as
being always and in essence, reasonable.
War, therefore, levied against the United
States by citizens of the Republic under
the protected authority of the new State
government Of North Carolina or of the
SO-called Confederate government which
assumed the title of the Confederate
States" was treason against the United
States.
It has been supposed, and by some siren
uously maintained that the North Carolina
Ordinance of 1861 which purported to re-
peal the North Carolina Ordinance of 1889,
by which the Constitution of the United
States was ratified, and to repeal also all
subsequent acts by which the assent of
North Carolina was given to amendments
of the Constitution, did in fact repeal that
Ordinance and those acts, and thereby ab-
solved the people of the State from all OBJ
legation as citizens of the United States and
made it impossible to commit treason by
leyying war against the National govern
ment.
No elaborate discussion of the theoretical
question thus presented seems now to be
necessary. That question, as practical
one, is at rest and is not likely to be re-
vived 1t is enough to say here, in our
Judgment, the answer which it has received
from events, is that which the soundest con-
SItilcIlOu OF Uuo CONSTITUTION W3rFanCS ana
requires
Nor can we agree with some persons, dis
tinguished by abilities and virtues, who in
sist when rebellion attains the proportions
and assumes the character of civil war, it is
purged of its reasonable character and
can only be punished by the defeat of its
armies, the disappointment of it's hopes,
and the calamities incident to unsuccessful
war.
Courts have no policy and can exercise
no political powers. They can only declare
the law. On what sound principle, then,
can We say judicially that the levying Of
war ceases to be treason when the war be-
comes formidable ? that war levied by ten
men or ten hundred, is certainly treason,
but is no longer such when levied by ten
thousand or ten hundred thousand ? that
the armed attempts If a few, attended by
no serious danger to the Union and sup
pressed by slight exertions of the public
force, come, unquestionably, within the
constitutional definition, but attempts by
vast combination, controlling several States,
putting great armies in the field, menacing
with imminent peril the very life of the
Republic and demanded immense efforts