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

dollars we're Intended; aud, ifit should turn
cut that foreign dollars we're meant 10 prove
their equivalent value ia lawful money OF
the United States, such evidences does not
modify or alter the contract. Il simply
explains an ambiguity, which under the
general rules Of evidence, may be removed
By parole evidence. We have already seen
that the people Of the insnrgsnt States,
under the Confederate Government we're,
In legal contemplation, substantially IN the
same condition ~ inhabitants Of districts Of
a country controlled and occupied by an
invading b -ngsrent. The rules whica wsu d
apply to the former case, would apply to
the latter, and, as Ia The former case, the
people must bs regarded as sul scts Of
foreign power, aud contracts among them
be interpreted and enforced vt.h with ref
ersnce to the laws imposed by the con
qaeror. So, In the latter case, the inhabt-
tants ma-s be glrdsd As under the Au-
shortly Of the insursent bslligare 4fs, actually
establishs'i The government Of the country ;
and contracts made with them must be in
terpreted and Inferred with references to the
condition OF things created BY the acts OF
the governing power. Il Is said, indeed,
that, under sAe nsurgsnt G 'ysrnment, the
word dollar bad the same mesning ~ under
the Government OF the United States that
legal teaier, and, therefor, that no evil
drnce can ba received TO snow any oil her
meaning Of the word WHOM used la cou-
tract. But il must be remembered thai the
whOl- condition Of things in the Insurge mt
States was matter Of fact rather than matter
OF Law; ami as matter OF fact these notes
payable at . future and contisgent day,
which has not arrived and can never arrive,
were forced into circulation ~ dollars, II
not directly by the Legislation, yet Indirect
ly and quite ~ effectively By tse acts Of
the lnsurgent Gnvernmsut. Considsred In
themselves and In the light Of subsequent
events, these notes had no real value, but
they we're made current as dollars by ire
sistibIe force; they were the only measure
Of value which this people had, snd their
use was q matter ef almost absolute neces-
sity, and this gave them . sort Of q vslur,
Insignificant and prscarisus enough, IL IL
true, but always having a sufficiently deh-
nits relation to gold aud silver, the univer-
sal measures OF value, so that IL was easy
to ascertain how much gold and silver was
the real equivalent Of a sum expressed In
the currency. Ia the llghI Of thsse facts, II
seems hardly less than absurd 10 sGy that
these dollars muet be regarded as Identical
in kind and value with tue dollars which
constitute the money Of the United States.
We cannot shut our eyes 20 the fact that
they were essentially different In both re-
spscta, AMI Il seems 70 "a that no rule OF
evidence, properly Understood, requires Us
70 refuse, under the circumstances, 10 sd-
nit proof OF the sense in which the word
dollar was actually used In the contract
before us. Our answer to the second ones
tion Is, therefore, also in the alternative.
We are clearly Of tko opinion that such
evidence Elust be received in respect 10
such contracts, in order that Justice may be
done between the parties, and that the party
entitled TO be paid in these C.IufsdsrAte
dollars can only receive their actual value
at the time and place Of the contract 10
lawful money OF the United States.
We &c not think it necessary TO 20 into
detailed examination Of the evidence In
the record in order to vindicats our answer
to the thi.d question. Il is enough To say
that 1t haa LETT no doubt in our minds that
the note for 81 900, to enforce the syHent
Of which suit gas brought In the Circuit
Coua, was to be paid, by agreement, In
Confederate notes. II follows that the judy
r.ssnt ,.f ,hs Circuit Court must ha reversed
and The cause remandsd for a new trial In
conformity with this opinion.