Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1868-12-08

LnS pOOpiC NlSu pEeScu6 Iellel OF
llleviation, not only from ills that !
nfractfundamental laws, thus endan-
yering the existence of Republican
Institutions, but of what prostrates
them in their material interests.
q i- ------
THE CONFEDERATE NOT A DE FAC
To GOVERNMENT.
"A few days ago Chief Justice
Chase, presiding in the United
States Circuit Court at Richmond,
Va, delivered a very important
opinion touching the status Of the
late Confederate government, which
is printed in full in this mornings
UNION AND AMERICAN. His opin-
ion establishes, so far as the judg7
ment of that court can establish
there being an appeal to the Su-
preme Court-the right of stock
holders in 1oyal' States to the |
dividends declared during the war |
upon the stock held by them in
Southern railroads, notwithstand-
ing the confscation of such stock
bv the Confederate government
lit seems that the stock
owned by Mrs, Keppell had
been confiscated by the Confederate
authorities and sold, and the rail-
road company had paid the divi-
dends regularly to the purchasers.
The Chief Justice declares that the
Confederate government was not a
de facto government, and had no
power to order the confscation, and
that it was not lawful under such
authority for the railroad company
to pay the dividends to the parties
| to whom the sale was made. lie
therefore DEGREES that the company
shall pay to the complainantS the
dividends declared during the war
and paid in Confederate money the
amount of the several dividends, at
the several dates when made, to "be
computed by deducting such per
centage as will reduce them to equal
value in lawful money That's, il
at the time the first dividend was. de-
clared, Confederate money was at
par, that dividend must now be paid
in full in lawful money and If, al
the time the second dividend was
declared, it was worth only fifty
cents, then the company will pay
one-half the dividend, and so on al
Confederate money deprecated
This is, to say the least, a very sin
gular opinion. The Chief Justice
denies that the Confederate gov
ernment was a de .tacto govern
ment, yet he recognizes Conteder
ate money, issued under authority
of an act of the Congress of tina
4 government, as possessing value
which the authority of the Conted
6 crate government alone gave II
He therefore DEGREES that tn
administrators of Mrs. keppel
shall be paid just wha
y, Confederate money was worth Il
- gold at the time when the severa
u, dividends were declared This
rather a sorry attempt at Judlcl'
, lodging. The Chief Justice declare
. that the Confederate governmer
=, was not de fdct0 government, an
it is also his opinion that it was nc
=. a de jure government. What w'
~ it then. which had all the machine
- ~ of civil government in operation
and enforced its authority over
- large extent of territory, carried c
war on a gigantic scale, emitted blL
ofcredit, issued letters of marque an
n reprisal, and carried on commer'
with foreign nations? 1t is und
, niable that, in the words OF Il
> Chief Justice himself, in this vel
:, case it was actually organized as
~ government. and actually exercisir
the powers of a government, with
. a large extent of territory, n
q merely in hostility to the regHl'
and lawful government, but IN cor
plete exclusion oft from the who
3 territory subject to the insurge
u control; ;" and it would seem ths
" ON this showing, it was, b
~ yond all doubt, de fdcto, b
b" the Chief Justice hesitates
doubt. Perhaps he thinks it myt
for myth it was unless
" 5acto or de jure government, al
re- he cannot exactly concede that
,at was either. The point is of IL
90 portance for this reason. In la
he allegiance and protection are reel
ra- rocal, and where government ia
ra- or refuses to protect the cltIze
of such fault or inability works, for
rg- continuance, a solution Of allies
nd ance. As the government OF t
IT'S United States was unable for sol
ice years to protect many citlzel
le- those citizens it is contrary
public law to now punish
an nets then done in obedience to tn
ike Government which, pro tempo
the prevailed, the presumption beI
TO always that each citizen wor
the have been faithful to his alleglar
s.s unless therein prevented by WI
IN. is technically known AS the
49,, ,oc;or or force. This Just, sen