The democrat. [volume] (Weston, W. Va.) 1868-1874, 1869-11-08
i, IMPORTANT DEClsloN,
TIL supreme Court OF the United States
= on Confederate Money and Confeder-
ate Contra cts. tE

In supreme Court or the united states
on Confederate Money and Confeder-
ate Contracts. ti3
On the End inst, in hesupremc Courl
Of the United States, Chief Justice Chase
delivered the opinion Of the Court in the
case of "Thorrington VS.. Smith and
Hartley reversing the decision Of the
District Court Of Alabama. The points
1 in this case were 10 u
>. LIST, "Can a contract for the'paymcn'
Of Confederate /, notes, made during the
late rebellion, between parties residing
within the limits of the so.cal!cd Confed.
crate States, be enforced at all in the
Courts Of the United statcsi"
End. ''Can evidence be received to
prove that a promise, expressed TO be for
the payment Of dollars, was in fact for the
payment Of any other than lawful dollars
Of the United States ~"
Bird, docs the evidence in the record
establish the fact that the note for ten
thousand dollars, was to be paid. by
agreement Of parties, in Confederate
notesI' 'A's '.'- ~
These questions are discussed at length
by the learned Chief j usticc, in his opini-
on, but We pro unable to give it in full on
account Of i,sIextrcmc length. sWo give,
however, the points made by the deci-
sion, und the reasons therefor as given by
the Court. relation tothe first point,
tic Chief Justice!said- ''nm
1T cannot be questioned that The Con.
Tolerate notes were issued in 1fnrthcrancc
Of M unlawful attempt toGoyerthrow the
government Of the United States by in
surrectionary force. Nor is it a doubtful
principle Of law tliatno contracts made in
MD ofsuch an attempt Gun DO enforced
through the courts Of the country whose
government isthus assailcd.. ~
"But was the contract Of the parties to
this. salt "a contract Of that character ?
CAN'T bs fairly described as q contract
in aid OF the rebellion? 20
'.In examining this question, the state
Of that part Of the country in which it
was made must be considered,
y ctx ~ g*cSi i 4 4
"Itis very certain that tho Confederate
goyernment'was never acknowledged by
the United States as ado yacto govern
nlent in this sense, Nor was it ncknowl-
edged ds such by other powers. No trca.
ties wero made BY il. No, obligations Of
q national character were created by it,
binding after lis dissolution On the States
which il represented. or on the national
government. From very carly period
oflhe civil war to its close it was regard.
cd as simply tho military representative
Of the instruction against tho authority
ofthe United States. - '''s1 sa'''
io"But there is another description Of
government, called also BY publici.ts o
government de facto, but which might,
perhaps, be more lap.ly dcnominated a
government of,paramount force. Its dis
tinguishing characteristics are: 1. Thai
its existence is maintained by active mill
tary powers within The ! territories and
against the righ,fal authority ofan cstab.
iishcd and lawful government; and 9.
That while it exists, IL must necessarily
be obeyed in civil matters by private cit
liens. who. by acts Of obedience, render.
cd III submission to such, iorce, ao not be-.
come responsible as ,rrongdoers for these
'acts, tl,ohgA not ,s,rran'cd by Tie ll.cs Of
Iher'ghyM gorernmeat." 5f Z
The Chief Justice hero cited the case
Of Castine, Maine, when in the hands Of
the British in 1874, aud TIM. Of Tampico,
which wins held temporarily BY the United
States forces dnring the war with Mesi
co. as examples Of this kind Of, de iae.o
government, and then continued.
These were cases Of temporary pos
session Of territory BY lawful and regular
governments at war with the country Of
which the Territory SO possessed was part.
The central government established for
tic insurgent states differed from the tcn I.
porary governments at Cas.inc and Tan.
pico in the circumstance that its authority
did not originate in lawful acts Of regular
war; but il was not Oh that account less
actual or less supreme, and ice think, II
must bs elassed among The government. b
,ohirh these are examples. II is to be Oh.
served that the rights and obligations of
belligoreut we're conceded to ii in its mill.
tary character very soon after the war
began, from motives Of humanity and OK.
pediency. by Tie United States. Tho
whole territory controlled by it was there.
after held to DO the enemies territory,
and the inhabitants Of that territory we're
held, ID most respects, for cuelries. r.
the extent, then, Of actual supremacy,
however unlawfully gained, in all matters
Of government within its military lines.
the power Of The insurgcnt government
cannot be questioned. .5.s
1T was by this government, excrci.
sing It's power through an immense terri.
tory. that the Confederate notes were Is.
sucl early in the war. and these notes. II,