The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1869-11-05

It's military characicc very koon after Tie war
pr;i;ency. hy ".'f i, United SUITE siatSs The % Whole
territory controlled by il We thereafter held 10
M ne Inc, Inc rnrmys ttrritory shn inc & a'n,n,s pnI,
s'prc".ay, @ S hoWsvar . unTfal! p ranc% H'i IN al
matters pf government Tith,. Rs military lines.
The power of Tie insurgent r'Scrninrn! cannot hc
questioned. That Supremacy would not justify
acis ol hostility tn, the Unltqt safes How gar
II should exercise t.,cm muS'Dr left To the lawful
government upon the fecstf tSllmcHt OF IFS All
tIoriry. lu i, made civil .-c-licncc to its au-
t!iorii! not only necessity ,nt duty. Without
such 0iC,iicncc civil ortersfas impossible. 1t
wns 10y this government exercising It's power
,mroug. an immense terrltoTg mat tue Cohied,
these nuics In :; short time became almost en-
cln>ivcly the currency OF the lSurgent sta tcs AS
successful revolution, these rjtcs were nulIilcs,
for except in that cvcnt9 here conl,l bc no payer.
ror they were made payable oay "trer ri, r;.-
tion ul Il treaty nj peace between the Confederate
States AMI the United States of America Willie
l'ic war lasted; however, t"ey hal :. certain
contingent value, and wee used as money
tn IN mS"ry ~ The osifsss s nny ransaca"ei Linn;
be be i' Regarded, ,''' therefore, as currency .s
imposed on tic commur.y hy lrrr$stbic
force. II scclns to fOllOMsns" necessary cn.Ise-
ilucncc from lilr aetna, suprisnlcy of the insrir
g"ut government as bc!iiGc':n,, within the ter
ritory where it circulated, fad the necessity of
civil olc'licntc on tie part of I'LL NH" remained
in 1t. that this currency musLhc regarded in tac
courts oi law in the same lle.t as il il hat cen
issucn by a foreign government temporary o';
cupy!nE part OF tile territjrY OF the United
States. Contracts s!ruatin1 for payments IN
that currency cannot be rcgaN td AS made in ali
NJ the foreign invasion in the one ease, or of The
domestic ins,,frcctiUn in the oAicr They have no
necessary relation TO the h'stic government,
whether invading ar insnrgel! They are trans
actions lii tile ordinary cOts.;c oi civil socicii,
and, though they may iiidSerily and remotely
promote The cntis uf the Unlawful government,
been entered into; into with % actual llient 10 further the
invasion or insurrcciion. VIZ cannot doubt that
suel contracts shonl,! be sScd In The courts Of
TO The extent OF their first O5lisatiOn. The
first question, therefore. must receive an anlrm-
alive answer. Tie. second question, whether
cvidcnca can be received to prove that u promise
made in one of the insurgcrt States, ana eX-
pressed to hc for the payment OF dollars without
qualifying words, was, In fact made for illc pay
ncnt Of any other than lawful dollars or the Uni
ted States, is next TO he cons,.lcred. II is quite
citizens OF any state of'the Union maintaining its
constitutional relations with the mai ional govern.
,.n ment is contract to pay lawful money of the
paincll hy parole evidence. I.uL IL Is equally
clear, IL in any other country coins or notes de-
nominated doiiars should be Authorized of differ
cut value from the cuins or notes which are
rent here under that name, tha. IN Il suit upon u
contract to pay dollars made III thai country c,i-
dcmcc would hc admitted TO prove what kind or
dollars was intended; and, IL II should turn out
that foreign dollars were meant, io prove tbcir
equivalent value in lawful money of the United
States.
Smch evidence does not modify or alter the con.
tract: !, simply EXPLAINS an ambiguity which,
under The general rules OF evidence. may be re-
moved by parole evidence. We have already
seen thai Inc people OF the InsurGent States,
under this Confederate Government, were, In
legal contemplation, substantially i'll thc same
condition rs inhabitants of districts Of Il country
occupcd ani controlled by an invading bcl!igc-
rent. The rules which would apply 10 he former
case would apply 10 The latter, nnd, rs i'll the for
nlcr ease, the people must be regarded as sub
Jtcis oil foreign power, ana contracts among
them hc interpreted ami cIaorctd will reference
toihe laws imposed by ne conlucror, SO IN the
latter case the Inhabitants must be regarded rs
under the fr:n0rity Of the insurIent begcrcu,I
acins''y ~ t)ished as the government or the
eoih..y; AID contracts ina;s.ith them must I've
condition OF things create the acts OF the
IL Is saId indeed, III. ts-.a Or. the insurgcnt
government the word do..afs had the same mean
Ing ~ under the Government, OF the United
stii:cs; that the Confederate notes gerc never
ssSss is !sSs' |Sa'Sii sp 3:s5Sss saas
Iiu. II must ir reiien,s eel thai tilc =,
,liiion Of things In fse insnrgent states was
matter of fact, rather than matter OF law; AMI as
and contingent day, which has 10, arrived, and
can never arrive. were forced into circulation AZ
dollars If moi directly by the legislation, yet inIi
rcctly and quite as enectunlly hy the nets of the
insurgent government Considered In them
selves, and in the light Of subsequent events,
these notes had no real value. hut they were
current as valUc by Irresistible force; they were
the ohy measure of value which This people hatl,
and their use wasa matter Of almost absolute
necessity, and This gave them sort OF vaGe,
insignificant and prccarions enough, II is true,
but always having sufficient definite relation To
gold and silver, the universal measures of value,
so HAT IL waS easy 10 ascertain how much gold
and silver wuS the real equivalent OF II sum cX-
pressed In the currency. In llc light 0f these
facts II seems hardly less than absurd 10 say that
these dollars must he regarded rs Identical in
Kind and value With the dollars which constitute
The money of The United States. We cannot shut
or eyes Ia The fact that they essentially ,llf-
rcrent in both respects and il seems To us that
no rule Of evidence, properly understood, re-
unircS uS 10 refuse. under the circumstances Ia
admit proof %! ic sense i'll whic the word dollar
was actually used In the contract bclurc ua.
our answer In tiIc second question is, therefore,
also Ia The affirmative We are clearly ui the
opinion HAT such Evidence must lie received in
rGSprV; 10 such contracts i'm order tha; Justice
:nay lc done between The parties ami that lie
party entitled 10 iir pail in these Confederate
dollars can only receive icir actual value N the
time lId place Of the con!rac In lawful money of
the United States. We do no; ihini: |: necessary
to go Into detailed cNa!ilinntnn ur the evidence
IN The record in order to yintlica;c uIr answer To
I've third question. II Is enough say that t las
lett M doubt in our minds that the note Tor TO-
uGJ, Ia enforce payment Of which suit was
brUarht in the Circuit Court, was tn he paid by
agreement in Confederate Notes. IL follows HAT
the Judgment Of the Circuit Court must bc rcvcrs-
ed AMI The cause rcnlandri for new trial, in
cunIor!niiy with this opinion.
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