New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-11-02
Law INTELLIGENCE.
UNITED STATES SUPREME COURT.

op1NIoN OF CHIEF-JUSTICE CHASE IN THE LIE
GALITY OF CONTRACTS IN CONFEDERATE
NOTES.
WASHINGTON, Nov. 1.-The following impOr-
tant opinion was delivered to-day in the Supreme Court
Of the United States;
by ChiefJnstce Chase.-This is bill IN eqqy for the
enforcement Of vendors Hen III IL NOT denied that
smith and Hartley purchased ThorngtOns and or that
they executed linn their promissory note Tor part Oh the
purchase money forth In his bill or mat tnere
was nothing more I'm the case he would be entitled 10
the amount of the note and interest," ana Er
the sale Of the land to satisfy the debt Buy f sh
purchase Of the land took place. ana tIat inc ho.9 ~
controversy. payable one aay abama where ali the
parties resided in November 1864. at when tno sne
norton OF the state only currency In use con-
sisted OF Confederate treasury notes. sSueu anu Pu. -
crate Government. 1t was also lnsls1ea Iav t dao
land purchased Was W., worm , rU 0ree WAS SIS Coz
that price by the agreement OF the parties was 70 pe
paid I'm Confederate that $4,000 were actually pd
In these notes aud that given for the remaining
$40 900 was be discharged In the same manner shu
il claimed on this state Of facts that the vendor IL en-
tried to no relief i'm Court Of the United States And
this claim sustained In the court DelO" anu hS Dl
was dismissed The questions before US on hPpeal arc
fsi Can contest payment Of Confederate notes made du-
Tolerate states be al Courts Of the United st.Iesi
Snd Can syasos % 10 fst ,pd for !hs payment Of ssy
than al dollars Of the United states, II. s ,,, tn.
for $1,000 TO be paid By agreement the p
The first question Is by free from difficulty
10 cannot questioned that the Confederate notes were
issued In furtherance OF an nnaWli atttmpt 10 osea
throw the Government OF the United states 10y nsuec
tionary force. Nor tia doubtful principle OF law that
no contract made IA aid OF such an attempt can De GU
forced through Of the country whose Govern
nent assaied But was the contract OF the par,
ties this suit contract OF that character can pe
fairly described contract In AID OF the ReDeohi IN
examining this question the state OF that part OF the
country ~ when 10 made must be considered ~
familiar history that early IN 1861 the authorities Vi
seven States, supported, as was alleged, ny pOPuhIr
majOrtes. combined for the overthrow vi me naOha
Union aud for the establishment within us boundaries I
separate and independent confederation In inc course
OF few months four other states acceGtu 10 's
Grafton and the OF the central authority was trans
ferred to Richmond, IN virginia IL was 1y tae eeIat
authority thus organized and under It's drecon nat
the civil was carried on upon vast scare agass
the Government OF the United states lOr more man Og
years. It's power was recoghzeu as supreme III y
the whole Of territory Of the States eonederated IL
the actual Government 81 az the hsnrsens States,
except those portions OF them projected IRON
It's control by the presence OF me armed
forces OF the National GSNerHnenL muS az was mas
the precise character of TINS G9veinment IN cor.
temptation OF lawi II Is difficult TO define IL with exact
GSsto government will We think, conduct to a concu.
sion sufficiently accurate There are seVeral degrees OF
what Is called de JaeO government Such government,
IN It's highest degrees assumes euaLACel NelS ~
resembling that OF lawful government ms Wheh te
usrpng government eNpes the regular authorities from
their customary seats and functions, ana esIaOsneS
itself their place, and 50 becomes the actual govern
ment OF a country. The distinguishing characteristics OF
such government Is thAt adherehts 10 ~ ~ m 81
against the government dc Je dD not incur the peha
assumed by II In behalf OK the country or VIII
In general be respected by the government ne He Hheh
restored. An example may be found IN the govern
meut OF England under the Commonwealth nrst by Far
lament aud afterward by Cromwell as Protector 1t
W. e but It was government de acto in Inc absolute
sense, It made laws treaties, ana COhquess "hich re-
thc Restoration The better opinion that acts done IN
obedience this Government could not De Justly egau
such acts protected from criminal prose
cution by the spirit not inc ieIter' s 81 b tg
Otherwise by the Judges by whom Sir Henry vane was
tried &c state trials ll in the year following
the Restoration But such Juusneh'' III Su0n "4''
IL is very certain that the Confederate Government
was never acknowledged by the United states as de
Cdcto government IN this sense. Nor was II ASAho"
edged such by Powers No treaties were made ~ H.
~, r,,fsd mr. ON fine National Government From
very early period OF the civil war to It's close 1t was 20
garded simply the military representative OF the lh
surrection against the authority OF lhe United states
by pubicsts a government dc Jdclo, but which might
ngsrPsns n" more apIly denominated government OF
paramount force Its dStng gushing characteristics are
H. That existence is maintained 0y active nlithy
power within the Territories, aud against the rlShtlh
authority of an established and lawful government aud
9 That while exists AZ must necessarily be Obeyed IN
cy matters by private citizens who. by acts Of obed
euce endeed in submission such force do not become
responsible wrougdoers for these acs though NOT war
rauted by the OF the ughtful Government Actual
governments OF this sort established over districts
differing greatly extent and conditions They are
usually administered directly by military authority Out
they may be administered also by civil authority, sup
ported more or less by military force
one mple OF this sort OF government Is round IN Ine
case OF Castne Maine reduced 10 British possession IN
the war OF 1912 From the first Of September 1874 to the
ratification OF the Treaty OF Peace III $50 aeeouns 70
The Judgment OF the COurt-in the United states dg
Rice Wheat 253. the British Government exercised
an civil and military authority over the place" Inc
authority the United States over the territory was
suspended aud laws of the United States could no
longer be- rlghtfuy enforced there or DC obligatory
upon the Inhabitants who remained ana SUD
nltted TO the conqueror by the surrender tH ne
Inhabitants passed under n temporary aeglanee 10
the British Government aud were bound by suoh laws
and such only, as chose TO recognize ana Impose IS
not to be- inferred from TINS thA Tue ODs9ohs vi ho
people OF Castne, citizens OF the united States were
abrOgated. They suspended merely by the pres
ence. aud only during the presence Vi INC peaou'
force ike example is found IN the case Of Tampco.
occupied during tho with Mexico by the troops Of
the United states IL determined by tins court IN
Flaming agt Page % How 6iD that although Iampieo
did not become part OF the United states IN cohse-
uuence OF that occupation, STILL having come together
with the whole State OF Tamaullpas, OF which II was
part the exclusive possession VI the national FORCES
the territory OF the United States. There were
cases OF temporary possession Oh te,i h 10y
lawful and regular GOYerulnehs ht war Win inc
OF which the territory so possessed was part Inc Gen.
trail Governments established Tor the lhsusent STATES
differed from the temporary Governments, at Castine
aud Tampco In the circumstance that It's authority ala
not originate lawful acts OF regular war but II was
not that account less actual or less supreme anu W"
think that must be classed among the GOVeFnehs Oh
which they are examples 70 ps observed In"t tue
rights and obligations OF Dglngereht were eon,
ceded to II III its military character, very soon
after the war began from motives OF huAW una
eXpedency; by the United states Inc whoe territory
controlled by IL thereafter held 10 DC tho enemy
territory and the inhabitants OF that territory were helu
I'm most for enemies To the extent them OF actual
supremacy however unawfuly gained IN all matters Of
government within its military llnesthe power OF the
surgont government cannot be questioned Ihat supte
macy would not Justify acts OF hostility TO the United
states How far should excuse them must be lett TO
the lawful government upon the establishment OF ITS
authority But IL made civil obedience 10 ITS authority
not only necessity but duty. without such obedience
civil order was impossible. 10 by this government
exercising its power through immense territory that
the Confederate Issued early IN the war; ana
these notes. In short time, became almost exclusively
the currency of the nsurgont States. As contracts In
themselves in the contingency Of successful revolution
hese notes were nues for except In that event there
could DO no payer They bore. indeed TINS character
anon their face for they made payable only after
ratification of u treaty Of peace between the Coned-
crate States and tho United States or America WINE