The New York herald., 1867-06-22

Important Legal Opinion Of Chief Justice

oueston ho far the people OF the South relieved
from liability 10 Northern creditors BY the conhscation
and sequestration acts OF the late so-caed Con-
federate States. After . concise statement Of
the line OF argument relied upon By The cesen-
dants counsel the Chief Justice proceeds 10 SET forth
the law and 70 vndcse his statement in an opinion re-
markape for vgor Of thought ceaSness Of reason
ing He arrives At the following conclusion, In which
public opinion will, We think. aequiesce. He says
1--WE hold therefore, that compulsory payment under
the seqaesraion acs the rebel receiver Of the debt
due 10 the pa'ntls from the defendant, was no dis
chargen He also held that the plaintiff was not dis
charged from the payment OF interest
SAmtridgs st al Kacon-This Is an acton for the
recovery OF the Of promissory note with in
teresI There question OF the liability OF The de-
fendant TO the demand Of the plaintiffs, unless 10 10
under an &C. OF the self styled Confederate Congress
passed August So 1861 entitled IAN act for the soques
tration OF the estates Of alien enemies" and an
that the plaintiffs were citizens or Pennsylvania tha
the defendant citizen OF North Carolina that the
note sued up made by the defendant 10 the plain
tins; and that the defendant was compelled, bv pro-
ceedngs instituted in the courts OF thu socalied con-
ederate States, pay the amount due upon TO tho re-
ccyer appo luled under the Sequestraton acts Upon
facts is insisted that he defendant - discharged
from his liability 70 the painuas y e claimed tha.
to government that the utzaps Of the states which
did not recognize It's authority were aliens and in time Of
war alien enemies; that consequently the act. Of
payment Confederate agent Of debts due 10 ouch
citizens, 4 compelled BY proceedings under those acis
rel eyed the debtor from s obligations 70 tho original
creditors To MAINTAIN these propositions the connsei
the defendant rely upon the decisions Of the supreme
tue nitcd States the effect thai the late re
beliion was civil war, in the prosecution OF which
bolgerent rights exercised by the national govern
accorded 20 the armed forces Of the rebel con-
fedcracy and upon the decisions OF the State courts
during and after the close OF tho American war
for independence, which affirmed the validity
OF confscaons and sequesrations decrecd against the
property or reseent British subjects and the nbab
iians OF colonies States hostile to he United Colonies
United States. But these decions do not in our
Judgment sustain the propositions support OF which
they cited There is doubt that the State OF North
Carolina by the acts Of Tie Convention OF May 1861 by
previous OF the Governor OF the Staie by sub
sequent OF all the departments of the state govern
ment and by the acts OF the people at me elections
government and Cons Itation, connected under
the national constitution with the government os the
United States; and established new constitution and
government connscted with another socalled central
government, set up in hostility to the United states;
an dentered upon course o. ar'ye warlare asansi The
these acts, The practical relations ol Nortn Carolina 10
the onion were suspended, and very serious liabilities
incurred by those who were engaged in them. But
these acts did not eject even for moment the separa
tion OF North Carolina from the Union, any moro than
tho Of individual commits gravo offences
authority separate him from the State. Such acts may
snbes. the offender even 70 ouawry. bat can discharge
him from duty relieve him from any RESPONSE
bty The national constitution declares thar treason
against the United States snail consist only iu icvyng
them aid and comfort" The wori "ony' was used 70
exclude from the criminal Jurisprudence OF the
siractve treason. Its ase. however. while limit
Ing the definition 10 plain overt acis oriags
acts in conspicuous relief being alSays and
essence tseaso1abe. War, therefore, evcd against the
United Stat q by citizens OF the republic under the pre-
tended authority o! tho State OF North
Carolina or oi the 50 called Confederate governments
which assumed the title Of the confederate Ssatss
against the United States. II has been snp-
posed and by strenuously maintained. that the
N0rh ma ipnuC of purp -
repeal the North Carolina ordinance or f.S9
by which the constitution Of tho United
subsequent acts by which the assent OF North Carolina
given 10 amendments oil the constitution, did in
fact repeal that ordinance and those acts and thereby
absoved tho people OF tho State from all obligation rs
citizens ot tho United States and made impossible
ernmen,. No elaborate dra.ussion Of the theores.cs
question thus presented seems now 10 be necessary
that question: a. practical one s at rcss and IS not
judgment, the which it received from events
10 That which the sounfcst construction of the
constitution warrants and reaaire4 Nor we agree
with persons, distinguished by abilities and vir-
tues, who insist when rebellion atta;ns the proportions
and the character Of civil war; is pnrged or
its reasonable character AMI only be punished
by tho defeat OF Its armies the disappointment or n,
hopes end tho calamties incident TO uDsucsess war
Courts have no policy and can exercise no potcai
powers. They can only declare the law On what
soand principle, theD cin we say judcally thai the
!csyipg OF war ceases to be treason when ths war
becomes formdabies that war levied by ten men
or ten hundred Is certainly treason. but a no
LONGER such when iev,ci BY ten Thousand Of
few, attended by no serious danger the unon aud
suppressed by slight cxetons Of the public force come
unquestiora5y, within the constitutional definition
but attempts by vast combination, controlling several
States putting great armies in the heli menacng with
imminent peril the very life OF The republic and de-
mand'ng immense efforts and immense expenditures or
treasure and blood for iheir defeat aud Suppression
swell beyond the boundaries OF the dsanition, nnd
become innocent In the proportion o. their snar-
nifty. But il IL said that this is the lctripc NJ
the supreme Court We think otherwise. In modem
times h Is the usual practice Of civilized governments
attacked by organized and Formidable rebellion to OK.
orclse and concede beigercnt nghis Instead. under
sush circumstances OF punisning reoes wnen made
prisoners In var as criminals they agree carics Tor
exchange. and make other mutually benelca. arrange
'mcnis; and ipsesd Of insisting upon offensive terms
and designations IN intercourse with The civil milf
ary chiefs, treat then possible without srren
der Of essential principles Ike foreign engaged in
regular warfare bIt these concess;cns made
by the Legislative and executive depsr fnsnfs NJ
Gnvrnmrnt the exercise of political discrt on lns m
the interest hmanits 10 oit gate vrd,cve n.ss ons
inGain-c hg eri connc,s aod s1nta. ss,s
OF nrtna, rerrsals and retaiions fhcy ssfaDaah no
rights exce't during the war; Ana u Is true .hat when
n uiy rsrstabished the penalties of violated law arc
seldom inflicted upon many Wise governments never
forget that the crminaty OF individuals Is not slws,s
often equal 20 THAI OF the acts committed Nv the
organization With which they Aany ara
carried into rebellion by sincere though mistaken con
victons, hurried along Nv exritemenr due 10 social
and State synpathcs. and oven BY Tie sompuls. ~ oi
public opinion not their own. Wher the strife Of arms
IS over such governments. therefore, czcrciin~ sn
their political discretion, address themselves mainly
TO tho work OF Cancellation aaj restoration, sxsrs
the prcroeatiye of mercy rather than of justice.
Complete usually extended 70 large classes
by amnesty other exercise OF legislative OF execu-
tive authority, and individuals NOT included IN
these casses with some exceptions OF the great
est offenders, are ahsolved by pardon either
absolutely or upon conditions prescribed BY me
government. These principles, common ali clyihsea
nations. those which regulated the action OF tbe
government OF the United states during war 81 TIE
rebellion, and have regulated IL action rcDao
lad down its arms In respects The fosoaarance
and iberality Of the nation exceeded a example
While hosiics yet fragrant net NJ Con. r..s
practically abolished the death penalty for treason sub
sequeatiy committed and another provided mode a
which citizens OF rebel States MAINTAINING . oya.
adhesion TO the Union could recover after
The value Of their captured or abandon 10
properly The national government has steadily
sought 10 facilitate restoration with adequate
guarantees OF union, order aud equal rf-hts On no
occasion. however, and bv no &C; have the tinted
States renowned their constitutional jurisdiction
over the whole TERRITORY all the citizens of ne
Kerupc, conceded 10 citizens In arms agansi tneir
country the character OF alien enemies, admitted me