Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1869-10-08
exchanged for two hundred tons of old

or not insisted on, in the oral argument
oy Messrs. Holiday and Gayle, and con-
sequently only remark that, in my opinion
no competent evidence was introduced to
sustain it. Clearly the deed should have
been introduced or it's absence explained.
J before oral testimony could have been re-
celved Of its contents. Consequently the
defence have failed to establish this point.
} Foursh-Was the contract entered into
between the Wilmington and Weldon Rail-
road Company and the plaintiffs illegal,
null and void, because it was the intention
OF the plaintiffs to apply it in the construc-
ton Of the iron-clads to be used in the
naval service of the Confederate States
Clearly in the light of the decisions upon
this point, there can be no doubt that it
was ''ilegal, null and void" if such were
the purposes of the plaintiffs. The
thorities quoted by defence fully sustain
this point, and [ find remarkable coinci-
dence in the authorities quoted by both
parties. The law, then, being settled,
there is nothing remaining to be done, ex-
cept an examination of the testimony. |
wonld remark, however. before proceeding
to the examination of the evidence, that
the recent decision of Chief Justice Chase
(citel by defendants cunnse) iii Evans
and Evans vs. the city Of Richlnond, uses
this language "Any contract, the object
of which il to give aid and support to re-
belion against the United Stares, is void. ="
The rule that . the presumption If law
is in favor Of the legality of contract -
(Chitty On Contracts, 9th &c, 673l Is, how
ever quite as we'll settled. and - the OBJ
lection that a contract is immoral and lille
gal, as between plaintiff and defendant
sounds at all times very Ill IN the mouth
of defendant Ibid.) | ain brought to this
conclusion, then. that the evidence TO prove
! that Il contract IS in contTaVentiun of the
laws OF the country must be clear and con
elusive so clear and conclusive as to leave
no rnti doubt in the mind.
The counsel for the Wilmington and
Weldon railroad company insist that the
plaintiffs made the exchange of good rail
road iron for the old worn out railroad
iron, intending to apply it to the construc
ton of irOn-clads for the Confederate
States Navy, and say " Elliott & Co., in
their letter, declare it Gov. Vance shows
it could have been obtained for no other
purpose (; the guard furnished by the mill
tary commander at Kinston, the transport
tation by Government train to Whining
ton, the weighing by Confederate officer,
and the placing upon the wharf to be roll
ed in plates indeed, every witness shows
the purpose to which it was to be APP
Piled"
That there is much in the facts and cir
cumstances adduced to produce the i'm
preston on the mind that Gilbert Elliott
II Co. did intend to apply this old iron to
sheathe the iron-clads cannot [ think, be
denied ; but the question, in my view, to
be determined, is, as stated above Do
these facts and circumstances make such
an impression on the mind as to leave no
reasonable doubt as to the conclusion p
Chief Justice Chase, in the case of "Evans
& Evans vs.. The City of Richmond" De-
fore referred to, says "The memorial of
the City Council Of Richmond to the Legisla
tire excludes all doubt on this point" j..
e., " a very leading object was to give id
and support to the rebellion" The ne
mortal was record evidence-the best ros-
sible.
1t must be remembered that all parties
privy to this transaction were (so-called)
citizens of the Confederate States at war
with the United States.
There was no reason for concealment.-
The plaintiffs in their own opinion of
others conversant with the facts, were
doing patriotic service for their common
country, in building these iron-clads for
the defence of North Carolina. Men do
not take pains to hide their good dceds.-
If they had been in such position as to
have been under the necessity of conceal
ing what they were doing, as violators of
the law commonly are, good reasons would
exist why differences, impressions, and
suspicious circumstances should be taken
reason why the proof should not be as
reason to hide their tracks.
Captain Cook who, as officer of the Con-
federate States Government, made the
| fo,. Tho h,,iI1ir1r e hho irono1o lc
with plaintiffs, and who, it is natural to
presume, knew more about the contra ct
thany any other witness, says that the
plaintiffs were not to furnish the iron to
sheathe the vessels; the forms of the con-
tract were that the Confederate States
Government were to do this. Why then
the exchange by plaintiffs of this iron 3
Robertson says ''they had not made up
their minds what to do with it." At diff
ferent times they stated different objects
for which they intended it. Was the in,
tent then to apply it to the purpose OF
sheathing the ironclads fully formed III
!, their minds ? # not then, when was it sc
formed Did they ever stipulate with the
Wilmington and Weldon railroad compa.
ny, or any one else to use it?
The Inference that they intended so tc
use it can be drawn from their letter tt
"diIuCc Ottt ~ Is O|Hy Ht FEcI6HCo. ms u
} accommodation, an extra inducement
for liberal bid from the Wilmington and
Weldon railroad company q protestatior
of zeal and earnestness in the service Of
} their State and the Confederate States
The money paid to plaintiffs by the Con
federate States Government to enable
them to purchase iron from the Atlantic
and North Carolina railroad WAS SO PAID
because the Government owed it to them
| Captain Cook says so, ana also asserts thai
, they lad right to do as they pleased with
? it-that the Confederate Government had
nothing whatever to do with this contract
: with the Atlantic and North Carolina rail
road.
Col. Fremont states some facts that &c
) very far to show that the two hundred
tons of old iron were to be used in the ser
, vice of the Confederate States Govern
ment; but he destroys the value of his evil
dence when he states that sit was very
, difficult to separate that transaction from
others of a similar nature going on with
the Confederate States Navy Department. y
l have no doubt that all the witnesses for