Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1869-11-09
CHARLESTON VA.
Tuesday Morning, November ., 1869.
Especial to the Richmond Dfspstch.l
Debts nue in Confederate Money to be
Sealed Opinion of Chief Justice
Chase in the Supreme Court.
WASHINGTON, November /. 1863,


The iAess IL ths case may la>briefy stated
: follows:
In the mouth of November, 1864, Smith
L. Hartley of Montgomery, Ala. purchased
Of one : h0rnsion "r the same city, tract
oi land for winch they agreed to pay S45,-
$50 Thcy did pay him $50 900, aud gave
iLe.r nore for the balance $40. 900. To re
cnyrr rnrse $1,000 Thoringrun brought suit
la ine United States trcuit Court for Ala
barLa The dcfSuco insisted that at the time
OF The transaction lie authority of the United
States wa~ exctnded irrm that portion of the
State" Aiabana where all The parties resided.
ant! the ouiy currency i'll Use consisted OF Con
federute Treasury notes. IL was also insisted
that the land purchased worth more
than SO 900 in lawful money that the con-
tract price was $4,000; that this was to be
paid in Confederate notes thar $4,000 were
actually paid i'll these notes and that the note
given tur The remaining 600 was to be
discharged in the same manner; and it
rIincd on this state of facts thar the vendor
is rmriFIcd TO no relief ina court Of the United
: atus This claim was sustained III the lower
court aud the bill was dismissed. Th"ringInn
then carried his case to the Supreme Court
The questions before the Supreme Count
upon the bill were these:
Il y Can II Contract for tie payment of
Cunf,dcrate notes. made during tie IaIe re-
bcllivn between parties residing within the
Confederate States. he enforced at all in the
courts ot the Uni,ed States?
e. Can evidence be received to prove
that promise expressed to be for the pay
nenI oi dollars was in fact mude for tie THay
ment Of any other than lul duIiurs OF the
United States
II 1 i
l-h 'hr fact II at the note Tor SlO 900 was TO
h" pad 10y agreement OF thu parties, in Con
irr;,I','c II rcs
l. rnnn"t he questioned that the Conied-
crate notes were issued III furt"Crance of an
unlawful attempt to over hr"w tie Govern
nent "l abe United States Nor is IT II
i"uhtiuI principle OF law that no contracts
uude IN nrd o: such an attempt can lie en-
forced through tie courts Of the county
whose Government Is fhus asSailed. But Was
the contract uf the lHrricS to Tins suit con-
tract IA aid If the =, !,rlilun
TThe thiei Justice here skrtched in n few
..r. t,i,ir sentences the origin aud character 0t
the Confederate G"vcrnmcnt, and the dIfler>
eI.ce b"'w. en .ie y.ci0 Government aud u
Go, crum, ut dr j"re illustrating 1t by interest
in cxpmp.c- from English history.
II - very rCria II that lie Cmniellernre Gov.
ert.r~tr WIS nui acku"w',',lgc,; hy the United
~ra."- = .'~ fact" G'vr,rwouf Nor was il
,... In y,r,..,. Hv-rh"r Powers Nn'fearje>
ry,. ru,ie ~ r y ..uE.j@u'jon~ ut Il National
.,..r,c.., wrg, rr,a.u+ !,y it hr'!iug s,iter ~
di>s"lutI"rr '.. Srata- w:..ris IT represented.
or IN the NIii"uai G,Nyrut.eu,.
The central government established IT ne
Confederate States was g'vbrimrut m force
sustained by military power. and the rights
4 nb oP b,.li
conceded to it in its m,itary character very
soon after the war began, BY the United States
i.am wu,ises of humanity and expcdiency.-
The h"e territory held hy it thereupon
.r,i so he nnrr,H's territory. Within its
l.mi hr authority of the Confederate Gov
"inu."r .o,s -ulrcme. That supremacy would
m". iu-rl-9 acts Of hostility to the United
~ra-c, uir tr niatic obedience to its authority
not "uiy = necessity but duty. Wuh"ur
>uGi, rhrdtcuce civil order was iu u,.ossibe.-
l. W." toy hts G"vcr"ment exercising its
luM"r Jht"u=! AN immense tcrrifnry ihut the
:,nt, ,!cInfr notes we're issued early IN the
VIZ. ami these notes III short time became
almost exclusively Tie CURRENCY of the seeded
S,uIes. A. r"'.rrH"'~. except III the c"ntin-
gciry al >uc,----u. re'uiu'iUn- tl"Se uUteS
were Uu. .'i..r> '0t 'Aerur fr rhgr r,""t there
ruufd Ar '.'Fu" iarS DrTc. ludecd.
srr. c,.HH. r,.a .'~,r nee; tnr they were
,..... ....s. ..., .H.trr he rtr fcaton OF II
rIca.y %. .-,.,. l, p. ,n -'r tuu;"Jrrare States
and the L, 'ro -.-..~ ( An'cr:cn While
the war las,cu ..rr,er. .hrN tad II certain
contingent ra;u. "nd "cre USED IN nearly all
the business transactions ct mary millions of
people 1. seems 10 T ,.''"T a. neS"' > 'Iu
sequence ~ ,IoL1 .ne "..u" Lu! ,L;" :,,n'"'. 80"
y "'e ,1,J =; '', 20 -.
'''-' "e ,''u tI u i u';S ;a5 VI ,"T ", " o;"n
'.I'' - Il = va" 's'" '>Su.u ~ 80 r, ar
''""'F"' ,E'l I"'y "S.u"S p''' u
,S'nn"S u In,hI ,tI Yncl c1n,r,c,s shorId