Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1870-03-18

State Treasurer, 9 90
f3heriff's fees. SO
| For blank book for Journal 90
$40 70
THOMAS BRAGG, Chairman
From the Raleigh Sentinel.
Important Decision
! The following is the opinion OF the S1-
preme Court in the case of Leak as. Com
missioners of Richmond county.
The decision is very interesting one
and one of great importance TO the people
! of the State:
| James p. Leak
as. o..
Commissioners of OP1Hi07'
| Richm nd County.
/ PEARSON, c. J.--This Is Il special pro-
ceeding under the ne, mode of procedure
in the nature of writ Of n1andua2us under
! the old mode to compel the authorities of
the county of Richmond to LAY money
| lent by the plaintiff to the persons then
exercising the powers of the county to
enable them to provide salt for the use Of
| the citizens during the war; is evidence
of which the plaintiff relies on a note exc
! Gated by FL. ". Harrington, Chairman Of
the County Court. The note recites an
order of the Court OF Pleas and Quarter
Sessions ; but it nowhere appears that
were present when the order was made,
and there is no svermen that such was
the fact.
This objection is fatal, for both the or
d1nance of the Convention and the statute
on which this transactiL- IS based gives
the authority "a ma oritJ of the Justices
being present" This fact must appear
atfirmatlvely; it lot being matter within
the ordinary powers Of the Court of Pleas
and Quarter Sessions The maxim 0n1nid
prteSumu1ttur has no application, State Us.
Powell, 2 Ind. 275, 1 id. 327 5 Id. 2O7.
Passing by this objection aud assuming
that the Commissioners Of q county may
be sued, as to which see WInsluW rs. Com
missioners Of PerGuimans county at this
term, upon the main question there are
several views which sustain the opinion of
His Honor.
l. At the time of the Legislative act,
giving power TO the Justices to make the
contract, and at tue date of the contract
the persons exercising the power Of the
State and the persons exercising the power
Of the county had disavowed their allegi-
ance and put themselves III open hostility
to the rightful State government and to
tho govern ment OF the United States. In
Otner words, there was rebellion.
It follows, the courts Of tie rightful State
government, which has regaiued is supre-
unlawfuiIy. exercising the powers of the
State and country authority, as valid, I'M
less the Court is satisfied that the acts
were innocent, and such the lawful
government would have doue. So, when
the Plaintiff asks the court to compel the
de londants. Who are Ia the rightfui cxer-
else of ihe power Of tho country to i3cr- |
form contract made by SCI Of men,
who were wroDgfully exercising the power,
l,,5,, Il hat for
an innocent purpose, ana vas not made |
in aid of the rebellion, IL upon the plain |
tiff. II the matter be Ief, in doubt, the |
Courts cannot enforce he cIal = against |
the rightful authorities OF the county.
So far from being left in doubt, it is |
clear the contract was ia aid Of the re- |
bellion. Any act which would not have |
been done except for the resistance of the |
rebellion, and which was calculated to |
government of the United States for its |
suppression; and to enable the people in |
instruction to prOtract the struggle, |
was in aid Of the rebellion.
The idea can be more clearly expressad |
by examples Statutes sanctioning |
and protecting marriage and the domestic |
relations appropriations for the ordinary |
OF Justice, or for the sup
port of the Lunatic Asylum, are acts hav- |
ing no reference to the rebellion, and that |
would have been done anyhow. So al |
though it may be true, that the doing of |
these things made the condition of the |
people more endurable still in no fair |
sense can they be considered as having |
been done in aid of the rebellion.
On the other hand, statutes and appro- |
priations to run the blockade, and intro |
duce for the use of the people. cotton |
cards and medicine, or to supply the peo-
pie with salt, by erecting works for its |
production and providing for its transpor
tation and distribution, whether done di- |
rectly by the State or Indirectly, through |
the agency of the county authorities, are |
acts Of novel and unprecedented charac- /
ter, and such as would not have been done |
except for the existence of the rebellion. |
So the case is covered by the first requisite |
bellion.
That the act of providing salt for the |
use of the people was calculated to coun-
teract the blockade and other measures of |
the United States to suppress the rebel |
lion !; and to enable the people of the in |
surgent States to protract the strength, is |
q matter too plain for discussion. Any |
one who attempts to prove the contrary |
must confess the soft impeachment of al |
lowing his reasoning faculties to- be Oh :
scured by pc Ldice and sympathy Tor the !
cause of the South" as it was called in the i,
Grant seizes a man in the act OF carry