The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1869-06-04
U. s. CIRCUIT co URT- -CHLEFJUSTICE
s.. p. CHASE, PRESIDING.

The jury answered to their names. The con-
sideration Of the case of the United States vs.
VIM. Morrison ct al was resumed.
Mr.. Coroin addressed the jury on the part Of
the government, and was followed by Mr.. Con-
ner for defendant. At the conclusion of the
argument and previous to the charge of the
Chief Justice, Mr.. Corbin submitted the fol-
lowing to the court
In this case the court is requested to charge
1. That if the defendant, Morrison, accepted
the Office of Postmaster. at Winnsboro', 8.
O.. on the Goth day of December, 1859, and
bound himself to keep slfely all the public
money collected by him. or other wise, at any
time placed in his possession and custody, till
the same was ordered by the Postmaster-Gen-
eral to be transferred or paid out, 81
and faithfully account with the United
States in the manner directed by the said
Postmaster-General, for all monies, postage
stamps, stamped envelopes, &C.. &C., which
he, as postmaster, or as agent and depository,
should receive for the use and benefit of the
upon the duties OF that office. and continued
therein up to the 31st Of May, 1861. and recelv-
ed the salary and COMMISSIONS allowed by law
therefor, he must be held strictly to the un.
dertaking in his bond and it the evidence
shows that during his continuance in said
Office. as postmaster, there came to his hands
property OF the United States to the amount Of
$772 ~, which he has not accounted fer, or
paid over, as required by the Postmaster-Gen-
eral, then q verdict for said amount with inter
est at the rate OF Blk per cent from the date
Of the default must be rendered fqS the plain
q. That the defendant Morrison. did in our
suance Of the order Of the Postofice Depart
ment Of the Confederate States, Forward to that
otiice t,h at Richmond al, or any portion Of the
IN stamped envelo opes, is not Q proper account
ing to the Cove rnment Of the United States
therefor. and does not bar the right Of the
United States to recover Judgment against sad
defendant and his suretles for the same.
8. That said Confederate States or govern
ment was an unlawful combination of divers
persons. engaged in unlawful insurrection and
rebellion against the Government of the United
States end within the territory thereof, unlaw-
fully usHrping the powers OF government, and
as such 1t continued to be unrecognized as
having any lawful till suppressed by
neither said Confederate Govern rbment, nor it's
officers or agents, could originate any legal
action or issue any order which the defendant
Morrison was bound to obey.
4. That the surrender OF the $51 OF in stamp
ed envelopes belonging to the United States,
by defendant Morrison, on the order Of the
agent OF the Confederate Government, receiv-
render or ieldlng up OF the United States
property under the pressure or irresistible
force but q violation Of the condition of his
official bond, unauthorized and contrary to
law.
s. That the destruction of the $131 GO in
postage stamps, by the United States forces,
is no defence to this action unless he, Morri-
son, postmaster, shows affirmatively
l. That he was loyal to the Government Of
the United States.
q. That SUCH destruction occurred without
his negligence or default.
Chief Justice Chase then charged the Jury
as follows:
Gentlemen of the .7,1y.-We shall decline to
give CIV ct the instructions asked for by the counsel
fnp q thovy
embodied In what we shall now proceed to say.
The policy of the Government Of he United
States. in respect to the business of the Post
and suretles upon the bonds Of postmasters
shall be held liable at all events. The deci
sions ct the courts have constantly affirmed
this doctrine. Neither robbery nor theft, nor
when caused by the action Of the government
its9lf, will excuse postmaster or his sureties.
II is admitted, in accordance with this prin-
ciple, that the present defendants are liable to
the amount OF 1870. But. it is claimed that
the postmaster, and, OF course, his suretles
also, are relieve d, as to certain other liabilities
assessed against him by the government.
arise only in two ways: either through acts of
Confederate troops, or through acts of the ma
tional troops.
!, No relief could arise under any authority of
ment was founded in an at. empt to throw of
the authority of the United States and estab-
!ish ON independent republic, IF that attempt
mad succeeded. all transactions authorizeo by
the Confederate Government must doubtless
have been. recognized as lawful. But in he
absence or success that government was itself
unlawful. Its whole existence was continued
United States. No one could be protected in
any action by the sanction Of Its authority.
The only exceptions to this are acts of war.
The National Government, in the exercise of
q sound discretion, conceded belligerent rights
The late OWL war; and acts Of Q strictly mill
tary character. performed under military au-
thOrlty, may be protected by this concession.
present case. II is not pretended that the the
postmaster failed to account to the govern
ment In consequence OF any military orders,
nor, indeed, would military orders for such
purpose constitute defence.
But tho Congress Of the United States, gen.
sible Of the hardships which must attend the
vigorous enforcement OF the rule, to which We
have adverted, against postmasters for de-
thought at to afford them a certain measure
OF relief. The act Of 1864 authorizes the Post
master General to cred1' postmasters for Ger
tan tan losses occasloned hy the confederate
ed to loyal postmasters. The act of 1885 OK.
tend. the same relief to cases where the losses
are occastoned by armed forces other than
those OF the so-caiied Confederate States.
II you find, therefore, that part or the loss
IN the present case was ocoasioned by armed
forces other than those Of the Confederate
States, at the place where this postofioe WAS
established, that is to say at Winnsboro', you
will deduct the amount OF such loss from the
whole amount OF the account stated.
The whole law upon the subject may be
briefly stated thus.:g You ara bound to take
the amount stated in the account furnished
from the Postoffice Department. as the true
amount due from the principal defendant.
Neither he nor his !surities are excused from
the payment of that amount by any loss
Nr1oh frarsA rf xro6n ootn
Of Congress referred TO. For losses rescr ibed
by these acts the defer dants a.e not respon-
sible. Ifyou find, therefore, that any part Of
the loss Of the principal defendant was oc-
castoned by. the presence of armed forces
other than those OF the insurgert States you
will deduct that amount from the SUM stated
in the postoface account. and render verdict
tor the balance.
In response 10 request Of the District At
torney, the Chief Justice further charged the
Jury that. interest upon the amount found due
should be computed from the time Of default
OF payment, that ID to say, from the 8Oth Of