American citizen. [volume] (Canton, Miss.) 1864-1890, 1869-07-17

states anu It's IcSdi CltlZeuS WcIc
concerned, that it was no govern
ment as to those who organized, put
in motion and adhered to its fortunes
during itscOntinuance2 Wethink not.
1t is we'll known that after the
bi eaking out of the hostilities, that
those who resided within COnfcder-
ate territory not only acknow edged
allegiance to the established Central
government, but with an unanimIty
and alacrity never before recorded
in history, an entire people rushed
to the support of the Confederate
standard. The old State govern
ments were overthrOwn, and, speak
ing from the Federal standpoint,
usurping G. 'rnments were erected
in their stead, and the Confederate
States government with sovereign
power over all the eleven seeding
States were formed by the almost
unanimous voice of the entire people.
These governments, both State and
Central; were maintained and ad-
hered to for q period of more than
four years with unmatched devotion.
During all this time the internal and
domestic concerns OF life and bust
ness flowed on in their accustomed
channels. Transactions involving
thousands of millions of dollars had
been fully cOEsummated, innumer-
able contracts entered into and ac-
cepted by the parties in interest
l., rf vr,,iknA in
riage, and children born of such
marriage, the reaper Death. hav-
ing been uLu ,ually busy during
this period, had heralded his mil
lions to their homes in the dim land
of dreams estates of decedents
and minors had been administered
real estate and personal property of
countless value had changed hands,
courts we're held, judgments render
ed and DEGREES pronounced and ex-
ecuted, between the commencement
and close of the war under the as
sumed sanction of government and
law. We cannot now imagine any
Just political reason or sound princi-
pie of State policy which demands
that we should hold, that as between
the citizens of the COnfederacy and
the Confederate States government
there was no government at all.
This tribunal will take judicial no.
tice of the fact as matter of public
notoriety and history, that the in.
habitants of the Confederacy were
not reduced to an absolute condition
of barbarism, anarchy and chaos
during the continuance Of the rebel
lion. We are intiexibly averse to
narrowing up the bones and ashes
of the late unfortunate civil strife
Whenever we can do so without de-
parting from the straight path Of
duty we feel constrained not to dis
turb their Iepose. Not by any
word or deed of ours would We
knowingly renew or per,etuate 6
single unpleasant recollection of the
dep!orable past.
Whilst we admit that the public pol
icy of the United States government
holds that the Confederacy and the
Stare governments, organized there
under were unlawful combinations
and their acts illegal and void so fal
as they effect that government anC
its loyal citizens, still in reference tt
all matters of internal. private ant
domestic import, Indifferent to the
government and laws of the United
States, we are satisfied it is our duty
to hold that so far as the inhabirant.
of the Confederacy were concerned
it was a government in fact for the
time being for the purpose of con
serving fully the private rights o
persons and property, and for thu
protection of individuals from liabil
ity and punishment for obeying tn,
laws of such government. To hole
differently would Overturn without
particularizing, almost every trans
action whether for public or privat.
nature which transpired during til,
supremacy of the COnfederacy, an(
would lead TO consequences prOduc
tive of incalculable mischief. On til,
other hand we believe we can Sc,
many satisfactory and controlling
reasons why, as between the parties
to, and the citizens of the centra
and State governments comprising
the COntederacy, they were govern
ments in fact, in all matters relating
to their internal domestic affairs ant
especially should this be so, will
reference to past and executed trans
actions, We are of opinion that TO
reasons of public policy alone if 70
no other, the courts of the cOuntr,
should withhold their active inter
ference in all such cases.
If it be true as we have attempted
to demonstrate land we are conf
dent we have made ND mistake il
this), that the Confederate State
government, and the several Stat,
governments composing the centra
power, were sunlawful combination
of persons" confederating tOgethe
for illegal and criminal objects mere
ly, it seems to US that it follows IRE
sistlbly, that all who formed part OF
and adhered tothese unlawful organ
izations, were only particeps Crimi
mis-, but we're in a strict legal sens
in pari delicto, and that therefore a
between all parties, standing in thi
relation to each other, the courts o
the legitimate government, when re
stored, upon well established an,
familiar principles of law, shoul,
deny their active aid to either parl,
and leave them in the exact condl
ton in which they find them. w
+ are not aware that this question ha
been the subject of judicial investi
, CATION either in the Federal or Stat
tribunals of the country, and it is
, matter of regret that we have no
been able to fortify our position b.
/, precedent and authority. We hav
however arrived at the present COZ
clusion after the most careful an,
+ deliberate consideration, in full vie,
/ of the vast Importance of the ques
, ton to be determined. There is nc
thing in the position assumed in thi
case, in conflict with the principle
intended to be discussed and adjudi
Gated by the opinion of the court a
the present term, in the case of San