Fayette County herald. [volume] (Washington [Washington Court House], Fayette County, O. [Ohio]) 1860-1???, 1867-07-04
Important Decision---Oplnion by
Chief Justice Chase---Confed-
crate Legislation Invalid.

- 'A"'0 S"''J
. brief telegraphic abstract Of Chic
Justice Chase's opinion, Delivers
| at Raleigh, N. c., on the 18th o
June. The following is the dccis
ion in full GIN. Gazette.
Shortrtdge ct. al. as. Macon.-
This is an action for the recover,
of a promissory note with interest
There is a question Of the liabili
ty of the defendant to the demanC
of the plaintiffs, unless he is excus
ed by coerced payment OF the mote
sued upon under an act Of the self
styled Confederate Congress, pass
ed August goth, 1861, entitled "al
act for the sequestration Of the es
tate of alien enemies" and amenda,
tory act passed February 10Th,
1862.
1t was admitted that the plaintiffs
were citizens of Pennsylvania; that
the defendant was 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 in
stituted in the courts Of the So call
ed Confederate States, to pay the
amount due upon it to the receiver
appointed under the Sequestration
acts.
Upon these facts it is insisted
that the defendant is discharged
from his liability to the plaintiffs
1t is claimed, that, while it existed,
the Confederate government was a
de facto government; the citizens
Of the States which did not recog-
nize its authority were aliens, and in
time Of war, alien enemies; that,
consequently, the acts Of sequestra-
ton were valid acts and, therefore
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 original credi-
tors.
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 belIigerent rights were eX-
ercised by the National Govern
ment and accorded to the armed
forces of the rebel Confederacy -
and upon the decisions Of the State
courts, during and after the close
Of the American war for independ-
ence, which affirmed the validity of
confiscations and sequestrations de-
creed against the property Of non
resident British subjects and the in
habitants Of colonies or States hos
tile to the United Colonies or Uni.
ted Colonies or United States.
But these decisions do not, in our
judgment, sustain the propositions
in support of which they are cited. !
There is no doubt that the State
of North Carolina by the acts ofthe
Convention of May, 1861 by the
previous acts Of the Governor Of
the State; by subsequent acts Of all
the departments of the State Gov
eminent, and by the elections held |
after May, 1861, set aside her State
Government and Constitution, con-
nected udder tile National Constitu-
ton with the Government of the
United States; and established a
new Constitution and Government
connected with another, So called |
central government, set up in hos
tility to the United States, and en-
tered upon course of active war
fare against the National Govern
ment. 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 q moment, the separation Of
North Carolina fIom the Union,
and more than acts of an individu-
al who commits grave ofensos
against the State by resisting its Of
fcers and defying its authority, sep
arates him from the State. Such
acts may subject the offender 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 shallcon-