New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1878-12-27

90 upon the ground that the state bonds aud BANK
winch IL declared invalid were issued I'm aid or the
rebellion but that they issued by usurping Gov
ernment reason which have already demonstrates
| to I've unsound Not only Is there nothing III .nr
| Constitution or laws OF Tennessee to prove
that these notes we're Issued in support OF LIE tne
r, bellOn, but there nothing known u us id pubic
history when leads TO this usion. The opinion Of
the state supreme Court, which we have ALREADY ced
states that the bank engaged In legitimate Dust
this time, receiving deposits and Otherwise per
forming the functions 81 DanE ana tn ,euste these
notes receivable for taxes. that Court held tne
Of the ordinance declaring them VOID. 1t is said,
however that considering the revolutionary character
mus presume that these notes were issued 10 support
the rebellion. But while have the Supreme Court OF
Tennessee holding that the bank during this tno was
engaged IN legitimate banking business we nave no
evidence whatever that these notes were h ~
State Government, by any interference 10, OF
officers that they were IN any manner usea 10 SsnS
stll rema that the State Goyernment was n,oessay
the soDs good u ordG5 OF SOS %Ss s% a that It
should be supported. The Judgment OF the Supreme
Court Tennessee therefore reversed and the case IS
remanded to hat Court for further proceedings IN ac-
cordance with this opinion
DISSENTING OPI>1oNs
From this decision Of the majority Of the United
States Supreme Court, which is of course the dccis
ion of the Court. Mr.. Chief-Justice Waite, Mr. JUS
tiee Bradley and Mr. Justice Harlan dissent. The
ChefJustice, in the course of his opinion. says:
historical fact that the banks Of he insurgent
States and especially tuOse owned By the States were
used extensively IN furherance OF the rebellon ana
that all nearly all their available funds were converted
IN way another into Confederate securities
II he bills OF the Bank OF Tennessee were In fact Issued
in aid OF tie rebellion they void as obligations OF the
State SO the Constitution OF the United States as
amended provides. and this Court has decided In
every case where the question was raised that mas
mere Of 9s ns war "a Ss dHa
ion in an appropriate FORM by the people OF tue STATE
who were cOgnizant OF the facts that all tue
iggup g.,
lurtuerance OF the rebellion. In this way, the people
In effect prohibited the tax collector and officer.
OF the State from receiving sucL issues payment Of
public dues. 4. II the bills Of this bank put out
rebellion, the Constitutional ordinance in question. so
far as II relates e. them, Is yalid and can
Constitution OF the United States ~ mpairins the obl-
CATION OF cOnracIsi certainly therefore. the Iresump;
tiOn Is that they issued aid OF the rebellion and
until this ptOn Is overcome there ought TO be, as
Think no recovery.
Dir. Justice Bradley delivered an elaborate dis
senting opinion the conclusion of which has been
already cited. He also says:
In favor Of the proposition that the lawful State Gov
erumeut reorganized after the rebellion, is bound to
recognize the bills in question. 1t is cOntended
that the state OF Tennessee has always remained the
State, and that unless IL should be shown afrma-
tyey that s acts and proceedings were M ndcu 70 ad
In the prosccu OF the rebellion, they arc Va1d
and binding on the reconstructed state Inc later pO-
on deny Ts sS'e can oh SnS words By
its government; aud II the government is an
and
the legal government which takes tie place OF the
uSurpng government IL not bound by In he case
before the actual government ofth STATE Tor the Tune
being standing behind the direction Of the bank, and
creating tnat direction, exercised complete over
the operations OF the bank When the 'Staie Govern
ment want OF money or other RESOURCES Tor It's
immediate purposes. the bank, In obedience to IFS
wanted. The process ny which this was done was
equivalent the substance OF the Transaction 10 the
iny ifs treasury. IL cannot reasonably be doubted
~ huuE cirpu fIouW WAS uu,u
enlb nc The Government Ia carry on ITS operations
The Inrt that the bills themselves commanded only
fraction OF their value Is proof that they were not
Issued IN the regular course OF business nnl that e
Than legitimate banking Now, II the nosition of
the majority of the Court is correct do not see
the war. whe her in the shape Of bonds or
certificates OF indebtedness. or Otherwise are
How Isl 10 be proved them issued for
ryIi tie aud which were not Upon the assump;
course is only collateral consideration.
deny tho assumption rbat The 81 reS sn nj
hold tDatt ey were usurpng governments
Mr.. Justice Harlan, IN his dissenting opinion,
says:
The argument upon this branch OF the nrcessa-
rily rests upon the assumption that the notes
OF the bank issued under usurplng authority
after May O, 1861, were not issued. or do
not appear TO have been issued. for the pur-
pose OF aiding the insurreotion. or in hostility
to the Union. This assumption. however. cannot be
alteration welknown historical facts. The Government
OF the Confederate states OF America had IT'S origin In
the purpose TO dissolve the Union formed by
the Federal Constitution, aud 10 overthrow the
National authority in the States declared 10 DO in
insurrection The revolutionary governments OF the
surrectonary states had their origin ana were formed
for ike purpose The existence OF the former de-
pe1ded upon the existence Of The latter All moneys
tnrTetOrc rdised by the revolutionary State govern
ments for ITS support ana maintenance should be
deemed In every substantial legal sense AS raised
for the support and maintenance or the Confederate
Government In Its efforts To Oyertnrp the Government
NJ the ted Gfnf n n i aku
decision. II Is iuInaterial whether the notes were
not ISSUED In direct aid OF the rebellion
They the obligations OF au institution controlled
and managed by revolutionary usurpng state govern
ment IN ITS name it's benefit anu TO prevent the
toration OF the lawful government IL was that revolt
tionary government which undertook 10 WIN
draw the state OF Tennessee from Its
allegiance TO the Federal Government and make IT
OF the Confederate States: But am unwii-
ling give my the doctrine that the ConHu
ton Of the Uuited States imposed upon the law
full government Of Tennessee an obligation,
revenue by receiving for ITS taxes bank notes
issued and used under the authority OF the usurplng
and OF defeating the restoration Of that lawful gov
eminent proper relations 10 the Union. Lawful
should not be required 10 tue expenses
incurred In cffecing and mainta ming It's overthrow
II the insurrectiOnary state Government had during
the urg tho people In nsdrrectn to take
the notes OF the Bank OF Tennessee at par, upon
stored would be required by the Courts OF the United
States, whose government they were endeayor-
of taxes. aud II the insurgents had believed
such 10 be the law Of the land. the Treas
ury OF the Confederate States Government would
have had more money than IL did 10 carry on the work
OF revolution Upon these grounds, which | Will not
further elaborate, feel OBLIGED To dissent from the
illusions reached by tho Court
BURIED TREASURE BROUGHT TO LIGHT.