New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-11-02

the extent their first obligation The frat question:
therefore. must receive an affirmative answer;
The second question whether evidence be received
TO prove that promise made In one OF the insnrEent
without qualifying words was IN fact maze TOT the pay
ment OF any other than lawful dollars OF the UneS
contract TO pay dollars made between ctzens OF any
State or the Union maintaining It's constitutional res-
tOns with the National Government Is contract 10 pay
lawful money Of the United States and cannot DO modi
fled explained by parole evidence But It Is equally
clear If in any other country coins or notes denomnaed
dollars should be authorized OF different value from tho
coins which are current here under that name
that in suit upon contract to ray dollars made IN THAI
country, evidence would be admitted TO prove what
kind OF dollars intended and 1t should turn out
that foreign dollars were prove their equivalent
value in lawful money OF the United states, such eyd
dence does not modify or alter the contract IL simply
explains an ambiguity Wheh uhueT the feneia' Ts on
evidence may be removed by parole evidence We have
already that the people OF the insrgent states,
under the Confederate Government were in legal
temptation substantially In the same CONDITION as ID.
by an invading beigerent. The rules which would apply
to the former case, would apply TO the latter and
as subjects OF foreign power, and contracts
amonA them be interpreted and enforced with
reference the laws imposed by the conqueror so in
the latter casc the inhabitants must he regarded as un
der the authority OF the nsurgent begerents actually
tracts made with them nterprete aud inferred
with reference the condition OF things created by the
acts of the governing power. IL Is said indeed that
under the nsurgent Government, the word dollar had
the same meaning under the Government OF the United
States; that the Confederate notes were never made
legal tender and therefore, that no evidence eau bs ro
ceyed show any other meaning OF the word when used
whole condition OF things in the Insurgent states
matter OF fact rather than matter Of law; and as
matter OF fact these notes payable at nature ana con
tn0ent day which has not arrived and can never arrive.
we're forced into circulation dollars, II not directly By
the legislation yet Indirectly and quite as effectively by
the acts OF tile nsurgent Government. Considered In
themselves and ia the light VI subsequent events theso
notes had real value but they were made current a.
dollars by Irresistible force; they tho only measure
OF val1e which this people had and their use was mat
ter OF almost absolute necessity anu tls gave them
sort OF value Insignificant and precarOuS enough
true hut awa's having sufficiently definite relation 70
gold and silver, tile universal measures OF value.
so that it was easy TO ascertain how much
gold and silver the real equivalent on
light OF these facts It hardly less than alb
srd that these dollars must he regarded AS deh
cal i'm kind and value with the dollars which cOnstuts
the money of the United States. We cannot SHUT our
ewes 10 the fact that they essentially different In
both respects and 1t 10 US that no rule OF evidence
propery understood requires 20 refuse under the CIR
eumstances to admit proof OF the seDse IN when the
word dollar was actually used In the contract before us
our answer to the second question is therefore, also IN
the Affirmative We clearly OF the opinion that such
evidence be received In respect TO 5uch cObtrdc
in order that Justice may be done between the parties
and that the party entitled to lie paid IN these COneer
ME dollars can Only receive their actual value az the mo
and place of the contract in lawful money OF the United
States. 49, ,.,.r., -
We do not think it to 90 into detailed ex
animation of the evidence in the record IN order 10 Fnn
cate our answer 10 the third question u - enough 70
saw that IL has left no doubt ia minds that the noto
for $4,000 20 enforce the payment 81 when SUIT eN
brought the Circuit Court was 10 DC PAID ny agree
ment i'm Confederate IL follows that the Judgment
OF the Circuit Court must be reversed, aud the cause 70
manded for trial in conformity with TINS opinion