Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1867-06-26
OP 1NItiN

Co. agt. Macon.
OPINION.
This is an action for the recovery of the
amount Of a promissOry note, with interest
There is no question of the liability of the
defendant to the demand of the plaintiffs, I'M
less he is excused by coerced payment of the
note sued upon under an act of the self
styled Confederate Congress, passed August
30, 1861, entitled - An act for the seaues-
tration Of the estates Of alien enemies, and
an amendatory act passed February d. 1862
1t is admitted that the plaintiffs were citi-
zens of Pennsylvania A.: that the defendant
IL citizen of North Carolina that the
II tie sued upon was made by the defendant
10 the Plaintiffs; and the defendant was COM
PEELED by proceedings instituted III the
Courts Of the so-called Confederate States to
pay the amount due upon it TO the receiver
appointed under sequestrian acts
Upon these facts. it is insisted that the de-
PENDANT is discharged from his liability to the
plaintiffs. 1t is claimed that, while it ex-
listed, the Confederate Government was a
de fdcf0 government that the citizens Of the
states which did not recognize its authority
We're aliens, and, in time of war alien enc
mics that, consequently, the acts Of seques-
tration Were valid acts and. therefore. that
payment to Confederate agent of debts due
to such citizens, if compelled by proceedings
under those acts, relieved the debtors from
all obligations to the original creditors To
maintain these propositions the counsel for
the defendant rely upon the decisions of
the Supreme Court of the United States. to
the effect that the late rebellion was civil
war, in the prosecution of which beligercnt
rights were exercised by the National Gov
eminent and accorded to the armed forces of
tle Rebel Confederacy and upon the deci-
sIons of the State Courts during and after the
close of the American War for Independence,
which affirmed the validity of confscat tons
and sequestra tions decreed against the prop
erty of nonresident British subjects, and the
inhabitants of Colonies or States hostile to
the United Colonies or United States.
But these decisions do not, in our iudg-
ment, sustain the propositions in support Of
which they cited. There is no doubt
that the State of North Carolina, by the acts
of the convention of May, 1861; by the pre-
vious acts of the Governor 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 Consti-
tuition, connected, under the National Con
stItution, with the Government of the United
States, and established Constitution anG
Government connected with another pretend
GU boNeTHineHt Set up IN hostility TO the
United States, and entered upon a course Of
active warfare against the National Govern
ment- Nor is there any doubt that, by these
acts, the practical relations of North Caro-
lima to the Union were suspended, and very
serious liabilities incurred by those who wer.
engaged IN them. But these acts did not eff
fect, even Tor moment, the separation Of
North Carolina from the Union anv more
than the acts of an individual who commits
grave offenses against the State by resisting
its officers and defying its authority can sep
arate him from the State Such acts ma,
subject the offender even to outlawry. bu,
can discharge him from no duty nor relieve
him from any responsibility.
! The National Constitution declares that
g treason against the United States shall
consist only in levying war against them, OF
IN adhering to their enemies, giving them ald
and comfort The word g only . was used
to exclude from the criminal jurisprudence OF
the new Republic the odious doctrines OF
constructive treason Its use, however
while limiting the definition to plain overt
acts, brings these acts into conspicuous re-
lief, as being always and in essence treason
able. War, therefore, levied against the Uni
ted States by citizens of the Republic. under
the pretended authority of the new State
government of North Carolina. or the new