The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1867-02-06
DECISIONS OF THE HIGH COURT.
ERRORS AND APPEALS.
Rrpsrlsa E.prs..Iy CO.. .he CIarIea.
OCTOBER TERM, 1866.

! |
5$ i$ \ / ' .,,.' october Term, 1895.
} The opinion Of The Court delivered BY chi
Justice Handy
(Conoluded)
AS to the second, there is nothing to sho,
that the reception of the notes by the plair
till and his treating them as money, had an
connection with the rebellion. The note
were In circulation and the medium of OK
change In the private transactions of on
citizens. They were used MS money, in Oh,
civil and domestic pursuits Of our people
and were so received by the plaintiff. Ever
a state Of war does not contemplate the bar
barian rule of suppression of all the domes
tic business of society; and the neoessitei
Of the times established these notes as til,
medium by which these transactions were
carried on. The Government of the United
States appears TO have acquiesced In this
necessity; for though the most rigorous mil
itary cxpedients were adopted, by public
authority In relation TO matters bearing mp.
on the war, no act was passed by Congress
prohibiting the issuing or circulation OF
currency Of this description, when its exis-
tcnce was matter of notoriety.
But IL Is said that In receiving and pass
Ing these notes, aid was given to the rebel
lion, because they were necessary 10 the main
tdnance of u and that that Object was promo
ted by receiving them in the private transac-
tons ofindividuals.
This is m assumption which is not estab-
lished. The bonds of governments, which
do not circulate as currency, are frequently
more valuable in the market than the ordi-
nary currency of the government or the other
circulating medium Of the country. This
was the case with Confederate bonds during
considerable period of the war, and is now
the case with United States bonds. Gov
ernments usually conduct all their financial
operations by means of loans, public sccuri-
ties and other currency than their own issues.
IL does not therefore appear that the main
tanance of the rebellion absolutely depended
on the issue of this currency. But the policy
of issuing the notes under consideration
was intended, in great degree, on the part
of the Confederate government, to supply
circulating medium for the country In order
that its domestic business might be carried
on. a4
But whether this was the purpose for
which this currency was issued or not, it in
fact became the representative of the private
debts and contracts of our citizens
Gftcr IL lcds issued, simply because from neces-
sity, these notes were the substitutes for
value, and not because the citizen in receiv-
ing them was in any way actually implica-
ted in giving aid to the rebellion; and his
receiving and passing them wonld not
necessarily be Illegal
The error on which the objection under
consideration proceeds, consists in not cor
rectly estimating the Office and character
of a circulating medium. We have repeat.
edly said above that it is the representative |
Of value. 1t represents property and stands |
in the place of it in the dealings of men |
md that is its principal office. For il tho |
planter sells his cotton. the trader his stock,
md the merchant his goods. 1t is the form
n which value and property are estimated
n such dealings. 1t is therefore entitled to
he same benefit of legal protection in the
contracts of individuals as the prOpertyit
epresents would be entitled to if the proper
y had been exchanged in specie and if the
Use of the property, in such transaction
would not be unlawful, so tho employment
Il the medium in the place of it would not
'e Thus, if q man purchase d horse, and
instead of giving a bale of cotton or a hun
red bushels of corn for it, he give so much
{ the circulating medium, in use at the
ime, as is considered of equal value with
he bale ofcOtton Orihundred bushels ofcorn
he purchase is valid unless it be prohibited
y law. For the contract is as valid when
ne medium of exchange is used as the other
4
ositiye law or declared public policy; be- ;;
ause, in either form it is property and as !
lch is entitled to protection ON principles |,
natural Justice. When there is no posi-
We law forbidding the use of the particular :.
medium, and when it does not
ppear that the party in the act of receiving =
: using it, was engaged in any purpose :
early and positively in contravention of !
lblic policy, the act cannot be condemned
Illegal
We may test the legality of receiving and !
lssing such funds by considering whether =
10 party would sbe guilty of any offense in y
W, by such acts. He would clearly violate
positive law where there is no crimina !.
for he has only exercised his =
yhts over his private property as a citizen
ight lawfully do without in any way in. Y
living himselfin the existing war. Ifthe =
t were done with the intent to aid the y
bellion, it might be criminal on account of y
e intent, and he might be liable criminally y
reason oft. But If not criminal act, !.
is in violation of no law and there being Jt
unlawful purpose it is clear that it is not y
criminal act, and hence it is not unlawful. y
These notes then stand on the footing of
ivate property and as well might it be p
i'd that specific private property in this y
ate was not a sufficient consideration for y
contract during the war as to say that u
ese notes which were received without y
y illegal faint could not form valid con- Z. u
leratiOn for contract For the private e
Dperty of the citizen of the Confederate 70
ltes was essentially the material resource Vi
which the rebellion and the success of ~ ~
. whole cause depended. 1t was the y,
Tree from which revenue, the sinews of III
II, was raised 1t was impressed to supply ~
litary resources; it was used in every way vu
1t the exigencies of the cause required, ~
its purposes Of civil and military finance ~
a it was the basis on which the resources ngS
Jhe war absolutely rested. 1t was under IL
, actual power of subsisting government n
1 whether rightful or wrongful is imma- aar
ial since the citizen was compelled to II,
,mit to its authority 1t was in fact the TO
jential government, which for the time ha
ny controlled his rights, his property and
action. The same necessity and control ca
70 rise to the existing circulating medium fei
e citizen was powerless to resist its opera pr
n. No one will contend that contract
ring that period founded on the sale of .ei
&C of personal property would be illegal, 60
ause it was founded on that which cOnsti- M
ed part of the material resource by ~
ich the rebellion was sustained and upon ed
same reason, contract founded on that by
ich under the same exigency, was the tn
resentative of the property, cannot be COZ
gal in
fit be true that these notes were necessa- ne
illegal aud void in the hands of bona VA
holder for value. because they emanated n ,,s
m governments in rebellion and having no n ,,,'
htful authority to issue them, upon the wi
ne principle, all kinds of personal property fai
II in the possession of the hostile Gov fac
ment would be contraband in the hands pa
subsequent holder. The merchant, who, Ga
ing the war and in the course of his law w
business, obtained quantity of cloth or ter
lumber of wagons, manufactured by the ~
lfederate States; or the planter, who vi vi
ly became the owner of horses or mules ~; H.
nerly the property Of that Government, ''o
aid be incapable of making valid con-
t founded on such property, however DIS
estly it may have come to the hands of rig
party, and through whatever number Of on
DIS it may have passed before it came TO th'
possession. But such doctrine will be loo
'cely contended for. col
he war, ON the part Of the United States, VII
directed against the political status of OF
seeded States, and not against the pri- tin
. right and property of the individual err
zen. Tue right Of such property was not oy,
urbed by the war unless it was actually POI
ed and appropriated TO the use of the Wv
ted States and the right of the owner MIA