New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1868-12-04
IMPORTANT DECISIONS OF CuIEFJUsrIcE CHASE.

,,,popT ANT DECISIONS OF CUIEFJUSrICE CHASE
Among the most important opinions delivered
nv Justice Chase at the present term OF the Circuit
Court In Richmond Va, is that III the case Adninstra
tore OF Catherine Keppell vs. The Petersburg railroad
Company II establishes so far as the judgment OF that
court can establish It, the right OF soekhoels III ioyal
sto. 70 the dividends declared during the war upon tho
stock held by them Southern railroads, NOTWITHSTANDING
ing the conscaton Of such stock and dividends W inc
Confederate Government. 1t explains clearly WHAT Is
meant by the term dc facto government andt prohu
gates the rulo that Confederate notes received IN ho
Rebel States on Of parties in loyal
of acts violating the inerdics against commerch'l inter
course must be accounted for in lawful money equal III
value to the Confederate noo lat time OF receipt The
following is that portion OF the opinion which eucidates
the character OF the Confederacy as q Governments
Tho first OF these propositions rests upon the promises
that the Confederate equalization was ~ Ie
acio and that acts in obedience to It's authoy , ~
presumed have been done uuder the conPulalon, va
superior force. by reason OF WHICH inc ac'oi' "i0
II NAV he observed in the first place that the
term de Jact0, descriptive Of government mas ho
II is perhaps most correctly used sgnifyng gov,
eminent COMPLETELY, though Ouly temporarily, estaDse,t
in place Of the lawful regular government occupying
it, capital and exercising us power uo,orrror,s are
found English history; soIt IN tho violent seizure a
temporary possession OF royal power aud one 80 az
nous tho world can never lose the sense ol ", ~
establishment OF the Commonwealth and the fIO'ee'o"o
! In place ~ the monarchy. ..o,.o,
Ge aeto government Ii never held tho NatohaI Capl-
tai IL never asserted any authority TO represent inc
nation only what tproessed to be- revolution,
nry organization seeking 10 establish COnicderacy OF
states dsconnccod from the United States and depend
ent wholly for success upon the success o. me
Tho term. however Is often used, ana pcrhnps more
frequently in sense less PTeese as ssI ne 6ye s
co-dcblo territory, exclusion OF the regular gov
ernmept do fscto goFsrnnet Of ,ns so sdn oi
tons u h. dsiluHuHhablc IA fact mainly by power anu
m territorial control ard by tie policy usually adopted
itt m. I'M la ID
TREASON n England s net committed against the law
mi Government by Of hostility done m support Of a
estlLshel by tho Statute, II oDry VII, passed with
r the ~ civil wars OF York and Lancaster And tie
reason OF o rule doubtless extended TO acts done under
Tie Parliament and the Protector while IN possession OF
i supriae authority In England though The benelt %
twas ttcd to many. aud III most cdIsclous insiahce
TO Sir lluuy Nauc. Aud IL may DC we'll doubted whether
IN this country treason against the Unied states could he
committed 10 obedicuco 70 usupng President and Con.
grrs exercising unconstitutional and unlawful power ~
| tlle seat II the National Governments
But IL cannot be- maintained that acts against tho king
committed IN obedience usurpcr temporarily In pos
Engltud that lcYying war against the lhllt stare
by persons however combined and con.ceTnted even
ouph successful I'm cstabshing their actual Authority
! M teycral Stated. would not lie treason here ,
what elect then, Is TO bo given TO acts done under The
authority OF an n-urg at body, actually organized as
government ard actually exercising the powers OF gov
eminent, within large extent nf territory not nrIey
I'M hostility 10 the regular aud lawful government, bnt Ia
complete exclusion CRIT from the whole territory subject
Il i not easy give general answer 10 this question
On al one Annd clear that none OF ~ nCn Ia hOsth
~ la he regular government can hc rrcccuiEcd - law
f on the other ~ f. equally clear that transactions De
tFcen individuals which would be legal ANA Oinlihs
undsr ordinary circumstances cannot be Pronounced "a
legal and OF 10 obligation because done IN conformity
Win Laws enacted directions given 10y the usuIpnG
| power -, -
between these extremes ~ lawful and unlawful there
f. larr variety 81 transactions To when u j. 0'hlt u
nppiy strictly general rlC but may DO firN snd
! tnt transactions of tho usurIhng authority pnlndirl
Ia the tgtsts ~ citizens az other Sltcr rNrt 10y tt
g. direction and by the policy of the national Cow u
usui from thc ard overnight OF trr ow Interest.
within the IN rebellion cannot DO upheld Ia TIE
! courts 81 that Government - -
In Tie case before u-. for example Mrs Hcppcll wa
tie uudoubcd OF 500 shares ~ the stock ~ IN,
Petersburg Railroad Company, aud WIS clearly entitled
denounced ~ an alien enemy by the Confederate GOV
cmeut she was excluded from all control OF her stool
mud receipt " dividends: and, more than THIS. th'
sfock scqucteTcd. rather CUnhscacd aud pnri,
.id and The lyldcuis paid 10 the purchnser, RHd to
lcrfon called receiver. appointed under the Rct"
authority Can ~ BE- maintained that her ght To the diY
derd, upon her stock defeated by these transactions
We thE not We cannot regard the Confederate Govern
rut de- frto Government IA any such sruse mat lti
acts are entitled a. judicial recognition valid On tb'
contrary obliged tO regard u rs combination 81
unav couftltraCy organized Tor tire ovetbrow al the
National Government ard its acts, for the coniscatOi
or Of the private properly ot the CltEfns o
the United states nun md 90 uu thrC Tho hp'Omt
nrnf of the receiver tho sale at the stock, the payment
~ the 81 yidcuds must al be regarded ns part nt ne
process Of SEQ ucstaOn cOnscatOn, ana all as equally
! VOID