The weekly North-Carolina standard. [volume] (Raleigh, N.C.) 186?-1869, 1867-06-26
SHORTRIDGE ct al us. MACON.

This is an action for the recovery of the
amount OF a promisory note with interest.
There is no question of the liability of the
defendant to the demand of the plaintiffs,
unless he is excused by coeEced payment OF
the note sued upon under an act of the self
styled Confederate Congress, passed August
3Oth 1861, entitled "an act for the seques-
tration of the estates of alien enemies" and
an amendatory act passed February doth,
1862.
1t is admitted that the plaintiffs were cit
izens of Pennsylvania; that the defendant
was a citizen of North Carolina; that the
note sued upon was made by the defendant
to the plaintiffs; and that the defendant
was compelled, bv proceedings instituted in
the Courts of the so-called Confederate
States, to pay the amount due upon it to the
receiver appointed under the Sequestration
acts r4E
Upon these facts it is insisted that the de-
fendant is discharged from his liability to
the plaintiffs 1t is claimed, that, while
it existed, the Confederate government was
a de tactO government; that the citizens of
the States which did not recognize its au-
thority were Aliens and in time of war, alien
enemies that, consequently, the acts of Sc
questration we're valid acts; and, therefore,
that payment to Confederate agent of debts
due to such citizens, if compelled by pro-
ceedings under those acts, relieved the debtor
from all obligations to the original creditors.
To maintain these pEopusi tiens the coun-
sci 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 bel
fgerent rights were exercised by the Nation
al government 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 far.
independence, which affirmed the validity.
of confiscations and sequestrations decreed
against the property 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 judg-
ment, sustain the propositions in support Of
which they are cited.
There is no doubt that the State of North
Carolina by the acts Of the Convention of
MAY, 1861; by the previous acts of the Gov
ern'r 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 gov
eminent and Constitution, connected, under
the National Constitution with the govern
'ment OF the United States; and established o
new Constitution and government connected
with another, so-called central government,
set up in hostility to the United States; and
entered upon course Of active warfare
agalns the National government. Nor is
taere any doubt that, by these acts, the prac-.
'ncai relations of North Carolina to the
.I.' Unlon were suspended, and very serious Ia.
4l'ltes incurred by those who we're engaged
But these acts did not effect, even tor
moment, the separation of North Carolina
a,om the Union, any more than the acts of
al individual who commits grave offences
against the State by resisting its officers and
sselylng ITS authority, separate him from the
su S.a1e. Such acts may subject the offender
f.en f,a 70 outlawry, but can discharge him :
sn!, ,o'n no duty nor relieve him from any re.
aTI me National Constitution declares that
,conn: rreason against the United States shall
'''iS' only in leyying war against them or