The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1869-11-17

The rules which would apply to the
former case wUul apply To the latter,
HEd, an IN the former case, the ptO-
pile must he regarded as suij cts OF a
foreign power, and contracts amoHg
them be interpreted and enforced
with reference To the laws impnstd
hy the COnqueTor, SD in the latter
case the inhabitants must he r. gard
ed aS under the authority of the IN
surgent bPlIigerents aCtuslly estah-
list ell as the government of the
c untry and contracts made with
them must be interpreted and ihfeer-
d with reference TO the condition of
thugs created by the acts of the gov
GrnmeuI power
Ii il said, indeed. that under the
iuSurgtnt government the word dot
lrr~ hal the same meaning as under
the government 1f the United State;
thai the Confederate notes were new
er made legal tender; and there
fore, that 10 evidence can he TereiV-
Ell Ia show any nther mearing of the
word when used in contract.
But it must be remembered that
the whole condition Oi things
in the insurgtnt SIaIes was ma Ter f
tact, rather than matter of law, and
bile at future and contingent day.
which has not arrived, and can new
er arrive, Were forced into circulate
tion as dollars, if 0t directly by the
legislation, yet indirectly and quite
| as effectively by the acts of the insur
gent government. Considered in
themselves, and in the light Of sub
S"quert events, these notes had no
real value. but they were made cur
rent as value by irresistible force !;
they We're the only measure of value
" hich this people had, and their use
was matter of almost absolute ne
| cessity, and this gives them a sort of
Il value, Insignificant and precariouS
enough, it is true, but always having
n sufficient definite reIatiOn to gold
and silver, the universal measures of
value. 80 that it wa. easy to ascertain
how much gold and silver WAS the
| real equivalent of Il sum expressed
! IN the currency. In the light of
| these facts it seems hardly less than
absurd tn say that these dollars must
he reg ried as Identical in kind and
value with TIE dollars which consti
tute the money of Lhe United States,
We Cannot shut our eyes to the fact
that they We're essentially different
that no RUE of evideace, properly
UNDERSTAND, requires us to refuse,
under the circumsts me-, 10 admit
1 prnuf Of the SenSt4 in which the word
1olihr was actually used i'll the con-
| tract before uS.
Our answer 10 the second question
H.. therefore, also i'm The affi Cmatiye
We are learly of the opinion that
such evidence must be received in
re~pects IF -uch contracts In rider
that Justice m~y be done hetWe-n
| he parties, and that the PARTY Ell
| titled To he p'id in these Cunftde-
rate dollars cttn only receive their nc
iual value at the time snd place of
ihe contract in Ia " ful money of the
| United States. We do not thank il
necessary to go into dtiailt d Il
animation of the evidence In The re-
cord in OIdtr To vindiCafe 'ur an
~wer To the the third question. II
IL enough TO say that il has left nu
doubt in our minds that the note for
10 OON, to enforce pay Intnt of which
suit wRs brought in the Circuit Court
Was To be- paid by agreement in Con-
irdtrate notes. 1t follows tnat the
Judgment of theCircuit Court must he
reversed and the Cause remanded Tor
n new trial, ia conformity with this
opinion.