Bristol news. [volume] (Bristol, Va. & Tenn.) 1867-189?, 1869-11-12

the Commonwealth, first by Parliament.
and afterward 0y Cromwell as Protector,
IL was not, ir the contemplation OF law, A
government de jtrs, bat it WAS a govern
ment de fdctO IN the absOlute sense. IL
made laws, treaties, and coaquests which
remained the laws, treaties and couquests Of
England after the Restoration. The better
opinion is that cts done in Obedieuce 70 this
Government could not be Justly regarded
as treasonable, tn ugh In hostility 10 the
King, dc 1Ers. Such acts were protee-
ted from criminal prosecution by the -plrit,
IL not the letter, Of tho statute OF Henry
the Seventh. Il was held otherwise by the
Judges by whom Sir Henry Vsne was tried
for treason u State trials, 81 in the year
following the Restoration. Bat snch a
judsemrn', in SAGA time, has little au-
thority.
1t is very certain that the Confederate
Government was never acknowledged By
the United States as de facto government
10 this sense. " Jr vas it Acknowledged a.
such by Powers. No treaties we're made
by it. No. obligations OF national charac-
ter were createdby II, binding after ifs dis
solution on the which it represented, or on
the Natiunal Government. From a very
early p, riDd OF the eiv,l war to its ciose IL
was reg lrded as simply the military repre-
sentative Of the insurrrctiou against the
authority Of the Uniied S4tes.-
Bot, III, re Is anuthrr description Of Gov.
ernment called bg puDici-ts "A government
de fdc.O, but which might, perhaps, bs more
aptly denominated sOve rnment OF para
mount force. It's distinguishing character
istics are a. That rs exist, nee Is main.
tain4d By active military power within the
Territories, and against the rightful author
ity Of an established and llwful govern
A Il
necessarily be obeyed in civil matters by
private citizens, who, by acts Of obedience,
rendered In submission TO such force do not
become responsible as wrong doers for these
acts, though not warranted by the laws Of
the rightiul Government. Actual govern
menta OF this sort are established over dis
tricts differing grealy in extent and condi-
tions. They are usually administered di-
feetiy 10y military authority; bnt they may
be administered also by civil authority,
supported more or less by military fOrce.
Que example Of this sort Of ,vetn-
ment ia found in tha case of Castine, ia
Maine, reduced to British possession in the
war Of 1872. FrOm the Grst of September,
1914, to the ratification OF the Treaty OF
Peace in 1915, according to the ] dSment
Of Lhe Court--in the United States AIT
Rice "a Wheat, 253 } "the British Govern
ment exercised all civil and military au-
thority over the place" The authority Of
the Uaited States over the territory was
suspended, and the laws Of the United
States could no longer be rightfully enforced
there, or be obligatory upon the inhabitants
who remained aud submitted to the CON
qusror. BJ the su render the iahabit NJ 8
passed under a usmporary allegiance TO the
British Government, ant we're bound by
such laws, and such only. as It chose to
recognize and impose. Il Is not to be infer
red from this that the obligation OF the
people Of Casti1s, As citizens Of the Uoiisd
States were sbrogated. They we're sus-
pended merely by the presence, and only
during the presence, OF the parsInount forcs.
A ike example Is found In the ease of
Tampico, occupied, during the war with
Mexico, by the troJps Of the United States.
It was determined by the court In Fleming
act. Page, % How, 6l4,) that although
Tampico did not become q part Of the
Unitad States In consequence Of that Occu-
patton. still, having come t0gethsr with the
whole Stats Of TAmaulipaa, OF which il was
P~-rs tuto The exclusive po-ss asiou of the
national forces, it must be regarded aud
respected by ether nations az ths territory
Of the United States. There were cases Of
temporary possession OF territory BY lawful
and rsguiar governments at war with the
country of which the territory SO possessed
was pafb. l1o OcuttAA cnAoo-
IIshsd for the insurgent States differed from
the temporary Goysrumsnta, Al G .stiae aud
Tampico, In the circumstance that its au-
thority did not originate Ia lawful acts Of
regular war but IL was not, on that ac-
count, less actual or less supreme, and we
think that It must be classed among The
Governments Of which they are examples
II Is to bs observed that the rights and
obligations Of belligerent were conceded
10 it in It's military character, very soon
after the war began, from motives Of hu.
msnity and expediency, by the United
States. The whole territory controlled by
IL was thereafter held to be the enemy's
territory, and the Inhabitants OF that terri
tory we're held in most respects for enc
mics. To the extent, then, Of actual
supremacy, however unlawfuIly gained, in
ali matters of government within Its mill
| tary lines, the power Of the insurEent gov
erument cannot be questioned. That su-
premacy would not justify acts OF hostility
| 10 the United States. How far it should
| excuse them, must be LEFT To the lawful
| governmsnt upon the establishment OF
/ rs authority. Bat it made civil obedience
| to its authority not only Necessity but
duty. Without such obedience c'vii order
| VIZ : tmpossible. Il was by this zovernmeut
! easrcising its power through an immense
| territory that the Confederate notes we're
Issued early In the war, and these notes In
| a short time became almost exclusiye!y the
| currency Of the insurgent states. AS COO
| tracts in themselves In the contingency OF
succesaful revolution these notes we're null
| ities for except in that event there GULL
be no payer. They bore, indeed, this char
acter upon their face, for they were mace
PAYABLE only " after ratification OF treai
OF peAce between the Confederates States
and the Uniten States OF America" While
the war lasted, however, they had certain
contingent value, and we're used az money
In nearly ali tho business transactions Of
many millions Of people. They must be
regarded, therefore, as a currency imposed
on the community by trreziHtible force. II
seem, 10 folloS a. a necessary consequence
from the actual supremacy OF tha insurKen
xoverument, as a Osllgerant, within the ter
ritory where it circuleted, aud the necessity
of elvu obedience On the part OF all wh'
, renamed it, that this currency must os re
garded ia tho courts Of law In the sam
light as If il had been issued by toreigl
government temporarily occupying par
OF the territory OF the United States. q n
tracts stipulating for payments in that cur
rency cannot be regarded as made In Aid 0
, the foreign invasion in the one case, o, o
the domestic insurrection in the other
| They have no necessary relation 20 IN
! hosUlle government, whether invading o
|, insurrent. They are transac Ions 10 th
Ordinary course Of civil society, and, thong
Q they may indirectly and remotely promot
: the ends Of the unlawfai government, az
without blame except when proved u nav
besn entered into With actual intent To fuI
. ther the invasion o. insurreteion. We eAn
u not doubt that such contracts should b
= enforced in the courts OF the United State
u after ths restoration Of peace, 70 the extur
. OF their fcst obligation. Tue nrst qhes'lo'
y ther,tore- must receive an affirmative an
sWer.
Tha second question, whether evidene
= eau be received ~ prove that A promi'
made IN one OF tho insurgents STATES, an
:; expressed 10 be for the pay mont OF d"liar
without qualifying Eorda, was, IN laet, mae
:, ulr the pay ment 0f any other thsn lawn
y dollars u the United States, rs mkt 20
can Idered. IL is auite clear that conira'
D. 10 pay dollars, made between citiz ma