Knoxville daily chronicle. [volume] (Knoxville, Tenn.) 1870-1882, 1878-12-17
THE DECISION OF THE ST.
PREME COURT.

/
We have just received the de-
cision of the Supreme Court of the
United States in the case involving
the validity of the "New Issues
of the Bank of Tennessee. The
published opinion of the court con
firms all we have said touching the
failure to produce evidence to show
that these notes were issued in aid
of the rebellion, and were therefore
void under the Fourteenth Amend
ment to the Constitution Of the
United States. It is even worse
than we had supposed. It appears
that the question was not raised at
all. No plea OF that kind was
found in the record. No such ques
ton s0as submitted to the jury ,ohtc6
tried the case, as appears from the
following extract from the opinion
Of the court
"There is, however, in the case be-
fore Us nothing TO warrant the cOnclu-
sion that these notes were issued for
the purpose Of aiding the rebellion, or
in violation OF the laws Of the Com
stitution of the United States. There
is no plea of that kind in the record.
IL
jury tOhich tried TIE c1sG. The sole
matter stated in defense, either by
facts found in the bill Of exceptions,
or in the decree Of the court,
is that the bills were issued
after May G;h, 1851, while the
State was 10 iHsurrection, and, there
fore, came within the amended CCnsti-
tuition Of 1865, declaring them void.
The provision Of the state cOustltu-
lion does not go upon ne ground hat
the State bonds and bank notes. when
ii declared to be invalid, were issued
in aid OF Ihs rsbelIioa,' but thatThey
were issued by a ussIrping govern
ment,' reason which we have already
demonstrated TO bs unsOund. Not
emily Is there nothing in the cuusjI;u-
ton or laws of Tennessee TO prove That
these notes were issued in support OF
the rebellion, but there is nothing
known TO US in public history which
leads to this conclusion. The opinion
of the Supreme Cour,, which we have
already cited, states tina E the bank vas
engaged in legitimate business at this
time, receiving deposits, ami otherwise.
performing the functions or bank;
and though, as is abuDdantly evident,
willing enough TO Tepudiats these
notes as receivable for taxes, that
court held them TO be valid issues az
the bank, in the teeth Of the ordi-
nance declaring them void.
1T Is said, however, that consider
ing the revolutionary character OF the
State government sc that L az, wa
must presume that these nc IS were
issued 10 support the rebellio"
But while We have the Supreme
Court of Tennessee holding that The
bank during this time was engaged in
a legitimate banking business, we have
no evidence whsteVer that these notes
were Issued under any new law OF tie
rebel government, or by any interfer-
enos Of its officers, or that they were
In any manner used 10 support the
State government. II this were so il
would still remain that the State gov
eminent was necessary TO the good or
der OF society, and that in its proper
functions II was right that it should be
supported.
1--WE can not infer, then, that these
note were Issued in violation of any
federal authority.
"Ou the other hand, if the fact be
so, nothing can be easier than 10 plead
it and prove il. Whenever such q
plea Is presented we can, if it comes
to us, pass inteligeDtIy on lis validity.
- oty fan 10
bodied in q bill of exceptions or some
other form, and we can say whether
those facts render the contract void.
To undertake TO assume the facts
which are necessary totheir invalidity
on this record is to give to conjecture
the place of proof aud to rest judg |
ment of the utmOst importance on the |
existence of facts not found in the /
record nor proved by any evidence Of /
which this court can take judicial nO- |
tice. We shall, when the matter is |
presented properly TO US. be free 10 de- |
termine, on all the considerations sp |
plicable tofhe case, whether the notes |
that may be then in controversy are
protected by the provision OF the con-
stItution or not. And that Is the only /
question which, in the case like the
present, we would have Jurisdiction.
The judgment of The Supreme
Court of Tennessee is, therefore, re-
versed, and the case remanded TO that
court for further proceeding in accord
ance with the opinion" ..E ~
This settles the matter SO far as
Legislative action is concerned, d.
rectory to tax-collectors to receive
the " new issues in payment of
taxes. The people of the State
will not be satisfied to let the matter
60 off in that way. They will in
sist that the case shall be made out
with all the evidence in the record
assu evssdssasrr E-a- zs.