The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1867-07-16

We are indebted to the Clerk of the Supreme
Court, (says the Raleigh Sentinel) for the follow
ing able and interesting opinion, just filed by
Chief Justice Pearson, bearing upon the validity
of contracts founded on Confederate currency, IN
this State, during the war.
PHILIPS Us. HOOKER.
The right of the plaintiff to relief does not resi-
alone upon the ordinance oftbe Convention or
the act of the Legislature, but upon the broad
ground that the courts are bound to administer
| Justice and enforce the execution of contracts.
In 1862 the defendant agrees to sell to the
plaintiff house and received 50 500 in Confed-
crate treasury notes, the consideration, and put
him in possession. The contract had no special
political significance, and there is no averment
that it was entered into with an intent to give
aid to the rebellion; so, it is to be taken as deal
| ing in the ordinary transaction OF business. The
| plaintiff bought the house and lot because it
suited him. The defendant took the Con federate
notes because she needed funds.
| 1t is said every dealing in Confederate treasury
notes gave them credit and circulation, and con-
sequently aided the rebellion; so every such deal
, ing was Illegal and not fit to be enforced by the
courts without reference to the intent Of the par
ties. The proposition is general, every man and
| woman who, in the ordinary course of business,
| received Confederate note, did an illegal act
tainted with treason; it embraces all contracts
ecued as execuory for if true as to one, it is also
true as to the other, and it aims blow at all
dealings among our people during the war, and
| upheaves the foundations of society. do not
believe the proposition can be maintained by any
| authority or any principle Of law.
l. 1t may be conceded that if at the outbreak of
an insurrecton, parties to contracts, acuh vteao
of aiding the cause, by giving credit and circu-
l.,tI< ,,t1o,
dealing, such contracts are illegal.
But that is not the case under consideration.
In 1862, the contest had assumed the magni-
tude and proportions Of war; each party in terri
torial limits bad the boundaries ola mighty
nation, and each party counted its people by mil
lions The "Contederate States" was recognized
by the nations, and by the United States itself, as
Il bellgerent power, entitled to the rights of war,
| and in the exercise of its powers, it had issued
paper the representative of money, which in
cluded all other currency and constituted the
only circulating medium IF tie country. The
government of the United States unable to pre-
tect the people, and there were no currency but
Confederate treasury notes. In this condition of
| things was every man to stop his ordinary avo-
cations and starve, else be tainted with treason,
and deemed guilty Of an Illegal act if he received
Confederate treasury note.
The Attorney General of the United States, in
his opinion on the subject Of disfranchisement,
uses this language: "Oficers in those rebel
States who, during the rebellion, discharged off
cial duties, not incident to war, but in the preser
vaton of order and the administration of law, are
not to be considered as thereby engaging in re-
belIion. The interest Of humanity requires such
officers for the performance of such official con-
due: in time of war insurrecton, as well AS in
time of peace, and the performance ofsuch duties
can never be considered criminal" Was
Judge to cease to do these "duties required by
the interests of humanity" -"the performance
Of which can never be considered as criminal" y
was he to perform the duties and starve, rather
than commit an illegal act by receiving his salary
IN Confederate treasury notes? i? Was the mer-
chant to close his store, the blacksmith and shoe
maker to quit work, and the farmer to let his to-
bacco and surplus grain rot on his hands, and
allow his family to suffer for clothing and the
other necessares of life, o. do an illegal act by
receiving Confederate notes? Really, unless the
receiving of such notes can be connected with
criminal intent to aid the rebellion, the question
seems to me too plain to admit of argument. A
naked statement exposes the absurdty of the
proposition. The courts must act the pre-
sumption that Confederate notes were received in
ordinary dealing-not for the purpose ofadng
the rebellion, but because there was no other
currency.
2 Look at the subject in another point of
view At the close of the war the President
granted amnesty and pardon to all, save very
few individuals. Congress in the act for recon
struction distranchised only those, who, having
taken an cath to support the Constitution of the
United States, afterwards engaged, actively, IN
the rebellion, and has refused to enforce the
rigorous measure of confscation. On what
principle, then, can it be, that the Courts are
called upon to take up the matter ''at the little
end - search into the private dealings of the
people aud all the ramiications of ordinary bust
ness aud declare Of DO torce-in effect con tfscate
all contracts based upon the consideration of
Confederate notes What good can result from
this action of the Courts :? 1t can have DO effect
have no effect upon the future, for 'snecessity
knows law" and Whenever condition of
things occurs, in which the people must use the
only currency OF the country or starVe, the cur
rency will be used. The idea of the Courts
assuming the duty OF preventing civil wars by
holding that it is illegal to receive the paper of
rebels, in ordinary business transactions, when
there is 10 other currency-that such contracts
are not fit to be enforced-presents to nay mind
palpable absurdity. So, what good will be
done by this action of the Courts? None-ssve
only to show, on the part of the Courts, detes-
tation of treason by treadirg on the extIemities
of the monster after it is dead.
5 Ia Blossom Us. Van Amringe, Phil l33, |
the maxim, eu turpi causa actio non oritur |
was pre>s,d on the Court, and it was insisted !
that, as the parties had made transfer of pro- :
perty, in fraud and deceit, riM an intent to |!
evade the confscation acts of the government of
q fho foAe "a he fell nd he