The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1869-11-17
CANTON, STARK COUNTY, OHIO, NOVEMBER II, 1869

to its ciuse il was rsg4r,ieti aS simply |
the military represent tive of the in
surrrC tiOu against the authority of
the United States
But there is another description of |
government, called by publIcIsts n
government de fLIcfO, but which |
might. perhAp., he more APPLY de |
nominated n government of para |
mount force. Its Distinguishing |
characteristics are O) that ItS exi,. |
tence il maintained by active militia
nv power within the territories and |
against the rightful authority fer es.
Tahli~hed aud lawful government;
and (2) that while it exists it mus
necessarily he Oheyt d la civil matters
by private citizens, who, by acts Of
obedience rendered in submission to
such force, do not hecnme RESPONSE
bic ss wrong duers for these acis,
though not warranted hy the laws of
the rightful government. Actual
governments of this sort are esLnbii>h
ed over di-tricts differing greatly iii
extent aud cnndiTinns, they are u>u
ally administered directly hy militia
ry authority; hat they may be ad-
minIstered ais'I by civil authority,
supported more or less by military
force.
one example f this sort Ofgovern-
ment is found in the Case uf Castint',
in MaiUr. reduced tu ~ BTiti-h pos
session { he War of 1912 From the
LII uf September, 1914, Ie the Iatifi
cation of the treaty of peace in 1915,
according To The Judgement OF the
court, in the UuiI, Il States VI. Rice
a Wheet., 253), "Ihe british govern
Inent exercis4 q all c vii aud military
authority over the place" The au
thority of the United States over the
territory was su-FeIdtd d, snd the
laws nf the United StaIrs could NO
longer be rightfulIy enforce there,
or be obligatory upon hF- inhabitants
who renamed And submitted tn the
coIquerOr. BY the surrender the in
habiIantS pa~sed nDder Il tempUr4rS
allegiance to the British government,
and were bound ny such laws, and
such only a. it chuse 10 recognize
and impose is not to he inferred
from this that the obligations of the
people of CAsIine, ~ citizens OF the
United States was HbrOgated. They
were suspended merely by the pres
ence, and only during the preoEncE,
Of the paramount fnrce. A like tx
ample is found in the Case of Eampi
60. occupied during ,he War with
Mexico DY ihe IrOnps Of the United
States. II WAS determined 10y this
court, in Fl, mmIug VI. Page Is How.
GA, that although TampIco d!d not
IA, cunIt. part o. the United States
ia c..IIaequeure If that occupation,
still, having ruIne Il g+ther with the
whole Stale of Tam :ulipas Of which
It Was part, into the exclusive pus
session al the national forces, il must
he regarded and respected 10y other
nations ~ The territory Ofthe UnIted
States. The re were c.aspS al TEMPO
raTy possession of territory 10y lawful
aud r''gu:ar goVernmehts Al Wal
with the country, of which tue ter
ritUry 81 pOSSt-Ssed War part. The
central government established fOT
the in-urgent states differed from the
temporary governments ut CasIint
and fauIpicn in the eCiTcum tance that
It's authority did not originate in
lawful acts of regular Wal; hut il WAS
not on that arcuunt less active or less
supreme, aud We think il must he
claSsed amOrg the government OF
which these are examples. IC Is t6
he observed that the rights and obli-
cations of belligerent were cOnced
ed To il In It's military character, very
soon after the war began, from mo
tiSes of humanity and exptdiency,
by the United States. The whUir
territory controlled by it Was there
after held tO be the enemy's territory,
and the Inhabitants OF that territory
were held in n.I3et respects for enc
mics. To the extent, then OF actua |
supremacy, however unlaWfuliS
gained, in all matters of government
within its IailiTaTylIueS the power Ot
the jnSuTgent government cannot be
questioned. That supre macy would
not Justify acts OF hostility tO the
UniIeS. States. How far il should eX'
cuse them must be left tO the lawful
government upon the re establish
ment Uf its authority. But it made
civil obedience 10 its authority not
only necessIty but duty. With
oUt such obedience civil order Was
impossible. 1t was by this govern
ment exercising it's power through
an imnleuse territory that the Con
federate notes were issued early IN
the war, and these notes, IN short
time, became almost exclusively the
currency of thr inSurgtnt Slater. As
contracts in themselves, III the con
| tingoncy of successful revolution
|
in that extent there could be no pay.
er. They bore, indeed, this chardc.
ter, upNn their face. for they were
made payable only latter ratitica =
tiOn of treaty of peace between the
Confederate States and The United
| States of America" While the war
lasted however, they had q certain
| contingent value, aud were used as
money IN nearly all the business
| transaction of many millions of peO
Dle.' They must be regarded there
| fore, as u currency imposed on the
| community bY irresistible force. Ii
seems tO follow rs n nece Ssary cOnse'
| qurnce from the actual supremacy of
/ the in>uIgent government, as bel
/ ligerenI, within the territory where
| [ tcirruidted, and the Necessity OfciYII
| .'beIience on the part of all who re-
mained in il, that this currency must
be regarded in The courts of law ia
the same light al If it had been is ued
by a fOreigI. goVerDms nj temporarily
occupying Il part of the territory Of
the United States Contracts stipu
latiug for pay mems in that Gu reucy
cannot be regarded as made in aid C1
the foreign invasion in the one case,
or Of the domestic insurectiOn in the
other. They are transactions IN the
ordinary course Of civil society, esnd,
thou h they may indirectly aud re
mOtely promote the ends Uf the un
lawful Cove ment, are without
hiAme, except when provided IL
have been entered into with actual
intent to further the invasion or in
surrectiOn. We cannot doubt Thai
such contracts should be enforced in
the courts of the United States, after
the restoration of peace, to The eX,
tent of their first obligation. The
frst question, therefore, must re
lceive an affirmative answer. The
second question, whether eVi dencE
can be received to prove that n prom
is9 made in one of the insurgenI
States, and expressed TO be for the
payment OF dollars, without quail
flying words, was, in fact, made fol
the payment o. any other than law
full dollars of the Uuited States, L
next to be considered. It Is quitS
clear that contract to pay dOllar
. made between citizens Of any StatE
! OF the Union maintaining its COpsti-
tionaI relations with the natiOna
government is a contract to pay law
4 A.