The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1869-06-04
q. s. CIRCUIT COURT--CHIEFJU JUSTICE
S.P. CHASE, PRESIDING.

sideration Of the case Of the United States vs.
VIM. Morrison ct al was resumed.
MIR. Coroin addressed the jury on the part
the government, and was followed by MIR. Con
ner for defendant. At the conclusion OF the
argument and previous to the charge Of thu
Chief Justice, Mr.. Corbin submitted the fol
lowing to the court
Ia this case the court is requested to charge
/. That II the defendant, Morrison, accepted
the office Of Postmaster. at Winnsboro, B
c., on the 10th day of December, 1859. ano
bound himself to keep safely all the Fubllt
money collected by him, or other wise, at any
the same was .rdered by the Postmaster Gen
eral to be transferred or paid out,
and faithfully account with the United
States in the manner directed by the sale
Postmas,er-G 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 theS1st Of May, 1861. and recelv.
ed the salary and \pmmsslons allowed Dy Ia"
therefor, he must ~ held strictly to the un'
dertaking in his bond and if the evidence
shows that daring his continuance in said
office. as postmaster, there came to his hands
property OF the United States to the amount OF
$772 cT,> which he has not accounted for. OF
paid over, as required by the Postmaster Gen
eral. then verdict for said amount with inter-
est at the rate OF six per cent. from the date
Of the default must be rendered for the plain
tif.
q. That the defendant, Morrison. did in our
suauce Of the order Of the Postofhce Depart
ment Of the Confederate States, forward to that
Office at Richmond all, or any portion OF, OF tne pc
property of the United States, to wit $51 07
in stamped envelopes, is not proper account
ing to the Government OF the United States
therefor, and does not bar the right OF the
United States to recover Judgment against said
defendant and mis- suretles for the same.
8. That said Confederate. States or govern-
ment was an unlawful mblnatiou OF divers
persons, engaged in unlawful insurrection and
rebellion against the Government OF the United
States and within the territory thereof, uplaw-
fully usurping the powers OF government, and
as such it continued TO be unrecognized as
having any lawful existence, till suppressed by
the military power Of the United States; hence
neither said Confederate Government, nor its
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 $5l 07 IN stamp
ed envelopes belonging to the United States,
by defendant Morrison, on the order OF the
agent of the Confederate Government, recelV-
ed by him through the mails. was no. 3 sur
render or Yielding up OF the United States
property under the pressure or irresistible
force, but violation Of the condition OF his
official bond, unauthorized and contrary to
law.
s. That the destruction Of the $1S1 Ga in
postage stamps, by the United States forces,
is no defence to this action unless he, Morrl-
son, postmaster, shows afirmstively j..
nm l. ln,o 80 kko
the United States.
q. That such destruction occurred without
his negligence or default.
Chief Justice Chase then charged the jury
as follows:
Gentlemen oftte ,Jury-We shall decline to
give the instructions asked for by the counsel
for the government, except 80 far as they are
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
office Department, requires that principals
and sureties upon the bonds Of postmasters
shall be held liable at all events. The deci !.
this doctrine. Neither robbery nor theft, nor
msadventure Of any kind. except, perhaps,
when caused by the action OF the government
itself. will excuse postmaster or his sureties.
It is admitted, 10 accordance with this prin-
ciple, that the present defendants are liable 70
the amount OF $50. But, it is claimed that
the postmaster. and, Of course, his suretles
assessed against him by the government.
This relief, under the acts OF Congress, can
arise only in two ways: either through acts OF
Confederate troops, or through acts OF the na-
tional troops.
No relief could arise under any authority of
the Confederate Government. That govern.
ment was founded in an at. empt to throw on
| - k1,aH kal h
lish an independent republic, II that attempt
had succeeded, all transactions authorized by
the Confederate Government must doubtless
have been recognized as lawful. But in The
absence Of success that government was itself
unlawful. Its whole existence was continued
rebellion against the lawful government OF the
United States. No one could be protected IN
any action by the sanction OF lts authority.
The only exceptions to this are acts OF war.
The National Government, in the exercise OF
sound discretion, conceded bellieerent rights
to the armies OF the insurgent States during
the late civil war; and acts OF strictly mill
tary character, performed under military au-
thority, may be protected by this concession.
This, however, has nothing to do with the
present case. It is not pretended that the
postmaster failed to account to the govern
ment In consequence OF any military orders,
nor, indeed, would military orde-s for such a
purpose constitute defence.
But the Congress OF the 1hlted states, SEN
sible of the hardships which must attend the
vigorous enforcement OF the rule, to which We
have adverted, against postmasters for de-
faults occasloned by the late civil war, has
thought fit to afford them certain measure
OF relief. The act of 1864 authorizes the Post
MASTER General to credit postmaslers for GER
tam losses occasloned by the Confederate
forces or rebel guerlllas. This relief is min
ed to loyal postmasters. The act OF 1865 e1.
tend, the same relief to cases where the losses
are occasioned by armed forces ether than
those OF the so-calIed Confederate States.
n you find, therefore, that part OF the loss
in the present case was occasioned by armed
forces other thln those Of the Confederate
States, at the place where this postof6ce was
will deduct the amount OF such loss from the
The whole law upon the subject may be
briefly stated thus: Yon are bound to take
the amount stated in the account furnished
from the Postofioe Department as the trne
amount due from the principal defendant.
Neither he nor his surities are excused from
the payment Of that amount by any loss
through fraud or force except under the acts
of Congress referred to. For losses Sescl ibed
by these acts the defendants &e mob respon-
slble. IF you find, therefore, that any part OF
the loss OF the principal defendant was oe-
casioned by the presence of armed forces
other than those OF the insurgept. States. you
will deduct that amount from the sum stated
in the postofdce account, ,;and render verdict
tor the balance. ,..,.
In response % arequest Of the District At
torney, the Chief Justice further charged the