Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1871-11-16
CONFEDFRATE MONEY.
An Important Decision in the Fed
y eFul Court.

| An Important DECISION IN the Eeu'
~ eFul Court.
From tho Nashville Bannef, 11th.l
! An interesting case, came up in the
| Federal Court yesterday before Judge
Trigg, A Philadelphia merchant, just
before the war, sent out claim TO his
attorney in Stewart county in this State.
The war then cam on The attorney
afterward obtained judgment on the
claim before magistrate Of Stewart
] county, and afterward received Confed-
crate money in satisfaction OF the judg-
ment The creditor ingtitutad proceed
ings in the United States Court to set
aside the satisfaction of the Judgment,
and to hold the debtor liable, notwith-
standing the Confederate money i1ay-
ment.
The attorneys in the case argued very
ear nestly the questions whether the.
judgment was valid, having been OBJ
tained during the war, which had estab-
lisled the relations of enemies between
the people of the loyal and those Of the
Southern States; and whether the war
did not terminate the attorneys author
ity to receive payment for clientin a
loyal State, agencies being generally ter
minable by war where the principal and
agent reside in the hostile countries
Finally, after listening very patiently
to the argument for some time, his Hon
or Judge Trigg, apparently becoming
inpatient, interrupted the counsel, and
said that the case had been argued in
geniously, but that one view Of it had
very strongly impressed him from the
beginning, and kept on recurring to his
mind, which he desired to state, in or
der that argument might be directed
thereto. That, assuming the validity OF
the judgment and the continued author
ity Of the attorney to act as such, yet
could it be said that the claim had been
satisfied? The only payment had
been made in Confederate money. Could
the attorney legally sccept such a pay
ment as that2 An attorney has no pow
er to receive anything but money in sat
isfaction of his clients. claim. Could
what was here received be regarded as
money? 1t was currency emitted by
an organized rebellion to aid in main
tanning itself against the authority Of
the Government On its face it was not
payable until after treaty Of peace be-
tween the United States and the Consed-
crate States. 1t was unlawful for citi-
zen of the United States to trade in such
an issue. True, if we were at war with
| England man might lawfully buy and
sell in his own country Engl sh cur
rency. A war between England and
America would be a lawful war. But the
rebellion was an unlawful and treasona-
BILE proceeding. Everything emanating
| r. . 4. Al Il.
True, in bloomington VS.. Smith, in Sth
Wallace, Chief Justice Chase had de-
cided that the value Of Confederate
money might be known. But this was
where note for $40 600 had been given
November 2S, 1864, payable one day after
date, by one resident of Alabama to
another, where the amount of the note
was based upon a Confederate money
estimate of the value of the property for
which it was given. Here it would have
been gross injustice TO have enforced
the payment,of the note IN good lawful
money. The Supreme Court accordingly
held that only the lawful money
value of the Confederate money at the
time could be recovered. But the pres
ent case presented a very different
question, viz: whether an attorney IN
an insurrectionary State could force his
client residing in a loyal State to take
chips and whetstones for his debt-to re-
ceive an illegal currency payable on its
face only after the success Of the rebel |
lion. This suggestion was thrown out
by the Judge in so earnest, and even
spirited manner, and his remarks were
uttered in so lively tone, as to make 1t
conclusive that his mind was made up
upon the point, though afterward, check
ing himself, he added that he was open
to argument upon the point. But the
counsel employed to sustain the validity
of the payment evidently now felt that
their case was a steep one, and 1t was
amusing to see how futtered they were.
Judge Campbell hummed and hawed,
and Major Jones protested, ibut the
Judge appeared hopelessly ilhEiegable'