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•WISDOM, JUSTICE AND Ml>i)£RiT. ttf JR.”
5,
SOME, GA, THURSDAY MORNING, JULY 5, 186ft
NEW SERIES—NO. flit
Jp Jri-IOtckln SoKur
18 PUBLISHED EVERY
TUESDAY, rfHVRtiDAYA SATURDAY
StpiMHJ
Three Months, 2 00
Hates for the Weekly.
On# JJ
six Months,.,,...... S ,P0
Three Months .«. 1 00
CiOB RATES—GREAT REDUCTION.
jgix Months for Three Dollars and fifty cents
.“fo',Clubs of fivo or more ,'jfche Weekly Cou
rier will-'be furnished at .three Dollars oaoh.
, if a olub consists of ten or more a gratul-
itous copy win be furnished to the getter up
of the club. ----- • •• • > .,
„ Clean cotton Rags ryanted In exohange for
the'papcr at 3 cents per lb.
■. M : D - W s,
Bates of kdVeVtkstttg'.
e Square (ten lines or less, Minion,
Professional Cards.
JAS. p. PERKINS,
ATTORNEY* AT LAW,
AND
COUNTY SOLICITOR.
OTsa’-irascffss
care will meet with prompt attotSon.
maytotf v
T 1 w - *t.****nxa. j. i. wbiobE
ALEXANDER & WRIGHT,
ATTORNEYS AT LAW,
HOME, GA. '
o Bridge st.maylOtwtf
Ono Square (ten
first Insertion, One
lines or lees, Mil
Dollar and Fifty <
by the year.
Rail Road Guide.
'• Pnjarvr. n. r. roueux.
PRINTUP & TOUCHE,
TTORNteYS AT LAW,
Rome, Ga.
RACTICE .generally in Cherokee Georgia
end in the_Di*tri<jt .Court of the United
tates, for the NdrOiefh District of Georgia.
t. D. IlAItVEV.
NOTICE TO PASSENGERS.
ROME RAILROAD
CHAItOB OP
SCHEDULE. /
On and after March 12tli, the trainsdl
m iut follows: ■ '
tuu os follows:
Leave Rome at#**###.###
Arrlro fti Kingston at,
Leare Kingston at,
DUNLAP SCOTT.
HARVEY & SCOTT.
ATTORNEYS AT LAW,
broad Stato, Rome, ga. '
Office ope'n at all *b'duYd. iPrdnfpt atten
tion given to drawing Deeds and contracts,
as well as to all other branohes of their
profession.
BILLY IIILLS,
In office with them, gives his special at*
tention to all Justice Court matters and all
small claims under their advice and assis*
tance, and it authorised to reeeive and re
ceipt for all claims a*n'd other business, in
their absence.
feblA-tw.
J. W. II. UNDERWOOD
'Cell. SMITH.
UNDERWOOD & SMITH,
Attorneys at Law.
ItOlUE, GA.
Office on Droad street, next door, to Ex
press office. dec6-tw*1j
6 P..R
, 7 80 RM
, 7 A.lJ
Arrive ot Rome, at........ 8 30 AM.
The Day Train on the Rome Ruilroad |UI
be discontinued on the above date. I
The Passenger Train will connect at Kbs-
ton, Ga., with the Night Train on the Wt.
tent A Atlantic Railroad.
*3- Tlie Regular Passenger Trains oi|io
Georgia, Atlanta end West lolnt, Mfan
and Western, East Tennessee and GcoW
and the Nashvlllo and Chattanooga It 4
roads, comicct with tlio Night Passend
Trains on the Western end Atlantic Rfl
"passengers going south will find com for
able and commodious Stage, in waiting
Home tu carry thorn to Bhio Mountain, Al
irhcro they moke sure end prompt comm
lion with tbo Alabama * 'T»hn*eeei Rivd w H.L practice in the counties of Floyd,
railroad to Salma, and point. South of thin yy po , k Ilarallon . Paulding, Cass, Gor-
city. 0 „ . T , t .vwivr.TflN-. (Ion, Whitfield, Catoosa, Walker and Chat-
.. n. wnioitT;*- r.. s. nnoTLKS
WRIGHT & BROYLES,
ATTORNEYS at law,
Rome, Ga.,
Office on Broad Street, over Dr. J. H. Now
lin's Drug Storo.
CHOICE HOTEL,
BROAD STREET, ROME, G A.
J. C. RAWLINS, Fopt.
B AGGAGE taken to and from tho Depot
free of oharge. Aug31...tf.
LIVERY
AND SALE STABLE,
BY
E. G. LOGAN,
Broad Street, Rome, Ga, opposite Sloan’s
jaull-twly
old stand
a a, pirttnn. -
j. n. coopxn,
Pitner, Cooper & Co.
WHOLESALE AND RETAIL
Commission Merchants,
PITNER-S corner, Broad street
Rome, Ga*
ters. Mr. J. H. Cooper, who has had long
experience in the Cotton trade, will give
ter aUantlon 40 thltb xfi2 0 8 f i h6
AGENCY
OF THE
National Banking
Xn'd
INSURANCE COMPANY,
Of St. Louie, Mo.
- Assets July 1st, 1805—$377,945 OO.
B. F. JONE8,
Resident Ageist, RbjIE, GA.
OFFICE—At the etore of Burnett, Joneo
A Hargrove. jan25-tw tt
marlfi
C. M. PENNINGTON,
Eng. A Supt.
KHGSTON WcOHHUbiTIOS THAI*.
loUov " ! .. 6,00 A.
‘S;‘. 111,00 A.
3,15 S*.
ComtnutoHomTIe^eteibhpaakagej^f
tv each, tnoy be purchased at a discount
>0 per cent, on regular^. v ^
>rtatioir.
ooga; also in the Supreme and Federal
Courts in the States and will attend to the
lollootion of CLAIMS ON THE HOVERN-
I15NT. Oct2«„ly.
> King*
Arrive at Atlanta.
Leave Atlanta..,.;.
Arrive at Kingston
A. C. PERRY,
ATTORNEY AT LAW,
Summerville, Oa.
jj^ill promptly attend to all busiucse entrus*
ted to bis care.
janll-twly
I. F. THOMPSON.
!r. A*. rj.ANCK.
BLANGE & THOMPSON,
A’l TORNEJ S AT LAW,
‘CEDARTOWN, OA.
Will pfnottoeln tho Courts of Pnlk, Floyd,
mayl0-12t Master Trunspoi
WESTEIIN AND ATLANTIC
I- Will piraotloetn
toavo Ohatianooka at .........f» 50 Paulding,, and Haralson, and tho Supreme
Ar?l v.^t XttoS? al -~ 5 35 Court of the State. Particular attention paid
Arrlv. at Chattanooga at........'..—--\{ 3S| acfii^>tloYr. [JanlO-lrlly
JUST RECEIVED
BY
Pitner & Merck,
A Large and Excellent Assortment of
COOKING STOVES,
S'aribr Stbv^s-
ALSO—
SlSflB,
SHEET IRON, COPPER, An.
Special attention paid to Manufacturing
Guferlng, StovePipe; and all kfnas'61 Be-
pairing done ut abort notice.
Speidul arrangements liaVo been made for
onlering any style of Stove or other articles
not in stoic. All goods will bo sold os cheap
as nan be had in this market.
Shop 2d door above the Brick Livery Sta
ble, Broad Street, Rome, Ga.
fob24
Leave Chattanooga'at-
Arrive at Atlanta at..
Bept.H^GS.
e;» ig
■. .".V. . 4 iq
C. WALLACI
Sn'porintendd
•GEORGIA RAILROAD.
Day Passonger Train.
Leave Atlanta at
Arrive at Augusta at
Leave Augupta at...v..v.
Arrive at Atlanta, ot ................8
NigntPassongor Trhirt. .
Leavo Atlanta... 8
Arrive at Augusta..!
Leave Augusta
Arrive at Atlanta
E. W Cl
Sept. 14,1885. Superinl
ATLANTA AND WEST
Leave Atlanta at-
Arrive at'West Point
Leavo West Point at
Arrive at Atlanta......
G
Sept. 14, ’85.
P01N7
J. D WADDELL.
ATTORNEY AND
-UOtitfSELLOR AT LAW,
CEDAUTOWN, polk co., oa.
\ TTENDS the UhporiAr Courts of Floyd,
J\_ Bartow, Polk, Paulding, Haralson and
Corroll. npi’28trrtf
Dr, W. D- HOYT,
(FORMERLY SURGEDN/C. B. A.,)
/YFFERS his ProfeaMohal Services to the
V/ citizens of Rome and vicinity.
OFFICE Ilk the Post Office Building,
gtar Messages can also be left at the Drug
Store of Dr. R. V. Mithhell, Broad Stroet Add
Post Office eorner.
jtlno2tw-ly
T- G, WATTERS &
AUCTION AND COJIMISSION
MERCHANTS,
WATTEKS A POWEKSI
AUCTIONEERS,
No. 53, North side of Broad streot.
ROME, GA.
I"AVING scoured a commodious fire proo
L Stone Room thoy respectfully soliot
sigmnents of all kinds i f Morchandix
or Produce to sell, at Auction or olherwiso
asrnny be desired. Llhoral Advances mado
a Gdtsds in Store.
THOS. G. WATTERS,
t. McGuire,
W. 8. COTHRAN,
, . B. F. POWERS,
febl-tw-lf.
--IVTGOMERY AND WEST 1
Leave West Poirn-t
Arr vo at Columbus it...,,,,.',
Arrive at Montgomery at,.
Montgomery at
Leave Columbus at
Arrive at West Polnt.....U"“ .
a . f DANIEL v.
Sept. 14, >«6. Geh. Supif 1 “*•
MACON AND WESTtel
. oATdAiZkiroljhTtt.
Leave Macon at..;;;....;..-.
Arrive at Atlanta at....i. j- • -
Leave Atlanta at. 155 A n
Amve at 35 p *
, nibnr VnAttn
Idtave M.c6h„..„ v ...i.ui. / 00 r »
iun
Arrive at Macon....".’""'.]? 30 A k
_ Be Pt-14, ‘65. ^ s ^oWent
A R.R
.7 30 A si
8 30 p H
8 30 AS
,8 80 r H
wlVENS,
"' ihtehdeut.
\W. FARELL, M. D.,
OFFICE
NO. 3, CHOICE HOTEL,
ROME. GA.
DRS. GRAY & PINSON
Practicing Physicians,
CAVE SPRING, GA.
TT AVING formed a copartnership for
11 tho purpose of practicing their profes
sion In its various brandies, offer their ser
vices to tbo oitlsensof Cave Spring and vi
cinity. Having bod ten years experience—
four of which was in the C. 8. Army—they
hope to give entire satisfaction.
tsr- Offlfett tame as occupied by Dr. Gray
Cave Spring; Sept28. .-ly.-..
NASHVILLE AND CHA'
fca'saasp -
bi?
AWve ChatUnooga,
8ept. ]
Ij0 UI8ViLle^ND~Na7LLE R. R.
fe'NMhviha lAU745rU
. ;*”■ “ • •• 11
KeUm 0a sHOps
SHL?“l>ViHe.... ‘ 10 r n 5 30 a it
; tCfc 1 '" bo use eYnJghttralnl
8ept.lVrt*^
Fresh Bread
TV p p . ROME.gA., ■■ ■
I "“"8 constantly on hand Oysters,!
• ffinss, Soda Craokore, 8weet Wine,
Pi «. Nice Craokers and Candles. Ae
gw employed a No. X Baker, and It U hisde-
""' to keep a No. 1 Bakery. Cakeeofall
Southern. Express Office,
AT NcCLIJp’8 OED STORE.
rOURS bf receiving freight from 11 A
tight, 1 'rccetycif and cent off the same
day ' J. ,T. ROBINSON,
octO-lm |A gent.
Ala. & Tenn. River R. Road
CHANGE OF SCHEDULE.
12 iihUra to Atlanta and *8 00 laved.
24 Hours to Chattanooga and $11 00 saved
Oil Aitd aftOr Monday; JuUS 4lhi 1800,
Trains on thia toad Will run lla follows:
Through PdasdHgOt Trains will run daily
(Sundays excepted) as folloWst
Leave Selma at - - - . 4 M S
A. rive at Blue Mountain at - - 1* r. «
Leave Blue Mountain at - - 4 A. u
Arrive at Bolma at * • • !■ ^
tss.Through Tickets for sale at the Smith
House, Kingston.
Passnneer trains conneet at Selma with
- New Orleans and the West. At Blue
italn they connect with Taylor, Gilmer
i*4 splendid lliite of eoaohe. froirl thene.
mb, Ga, and thence by rail to Atlanta,
nnah, Charleston, Chattanooga and all
North and East. Through for® from
to Kingston bn W. A A. Railroad
•12 OO.
Sup'tan^ntffi
H, & E- M. EASTMAN,
GROCERS,
„ AND DEALBRS IN
Flour* Meal, Fork, Bacon,
LARD, TOBACCO CIGARS, PIPES,
NOTIONS, TOYS, CUTLERY,
Confootlonerios,Tlnwale, Woodonware Stone
ware, Queeneware, Glassware, eto.eto.
NO. 2 VARANDA BLOCK,
DROdb STREET, ROME, GA.
eprill0.tw.3m
No ‘'Civil Rights BilL”
HOME INDUSTRY.
GENUINE SOUTHERN MANUFACTORY
FURNITURE,
Of all Kindi made lo brder at
HARRIS & LANSDELL’S
bhea^eh ahd Better than can be bought
from Northerd and Western markets.
UPHOLSTERING of ail kinds, done to
order.
Orders filled promptly. Lumber or Pro-
duce taken in exehenge.
Wareroom at the old stand of H. F. Lump
kin, Broad Street. may!7tf
DECISION OF JUDUE UEO. H
CLAYTON—CONCLUDED.
. We are brought then, to oensider
the condition or the Confederate States
Government pending the war, and to
ask what Were Its powars during Us rfe
facto ekfatonce. We are told by Vattel
th'ht for the purposes of the war, it Was
fh the position of an independent na
tion,' and we are iftforiicd by • the Su
preme Court of tlio United States in
the “SantissfAa Trindad” ease, that as
a bolligoron't nation, it possessed the
soVereigVi rtjrh'ts o'f why. W hht is t6
be undorpfbod by "sovereign rights of
war?” Most clearly, as tlio term sover
eign Itself implies, a full, perfoot and
complete power of doing and perform*
ing all things in relation to 1 the wsfr
which Would'have a le'ride'ncy to lead to
n successful tbrmink't'ibn'. ‘ Hence, 1 in
the case mentioned, the court decide
that thcMn facto government then un
der consideration, had the right to' pur-
cllaao hnd Own public vessels which dll
'nations wohld redpeot., 'Other "Sove'i 1 -
oign rights of war’* would most unques-
tionably be, the right to purchase and
own ail necessary munitions of war,
ord nance, 'commissary stores, &o.j raise
armies, provide the means for pay
ing for the services, clothing and ex
penses of the same, and (6 . d6 every-
thing noocssury for the fortunate and
prudent management of the war. If
then, the defacia governments, as wo
think we have shown, possess tho right
and power of raising the means to con>
duct the war, surely the mode and man
ner of raisiog the same, must be left to
the sound judgment and discretion of
said government, and especially in ref-
ererioo ‘(6 'its 'liotiori on its own citizens.
The ohly question therefore presented
in relation to the legality'Of the issu
ance, by the de facto government, Of
Treasury notes, is, were they necessary
as a war measure—could the war have
been conveniently conducted without
them—were they necessary as a means
of national defense T If so, the Con
federate States, asa rfe facto government
with the sovereign belligerent rights
attached thereto, could issue the same,
and use them in the best manner the
government thought proper to accom
plish its objeot. If they circulated
amongst the people as money, (as the
case under consideration itself shows,)
and enabled the government to pay its
troops fotlaervices with thorn, to buy
commissary stores and munitions of
'ivh'r, ahd h'H Othdr thifiga necessary for
‘conducting the War, it Scents to us, (in
dependent of the historical faot of their
military neoessily, whioh the court is
bound to notice,) that this of itself
would be sufficient lo connect tho itm
portance of their issuauce with the
war.
The issuance of these notes Was hot
such ti violation of'tho federal 'Consti
tution, laws and polioy as contended
for by counsel for defense, which
brought the aot of issuance within the
purview of those decisions of the
courts, Which declare nil contracts made
in consideration of tin illegal aot, void.
As before shown, the operation of the
Federal Constitution and laws, over the
Confederate States, Were suspended by
the civil vav—the fssuanoe of tho
Treasury notes Was as milch a wur
mcasbre at the time, hs the 'raising ol'
urmtes would have been. They be
came a publio necessity for tho pro
gress 6f the war, and the Confederate
States, having acquired the sovereign
belligerent rights of nations, as laid
down in all tho. works on international
law and confirmed by the Federal
courts, violated no law or publio policy
by their issuauce.
The credit given them was a ques
tion solely for those who Yecei'ved them
as money or parted with property for
them.
The Federal government has recog
nized their validity by enforcing a olaim
for all property and cotton belonging to
the Confederate States, at the date of
the surrender of their armies, in the
hands of citizens, whether tho same
had been acquired by purchase or taxa
tion. The titles to most of this proper
ty and cottons were acquired by pur
chase, and paid for in Confederate
Treasury notes, whioh said titles the
federal government recognized as legal,
by seising the cottons and other prop
erty belonging to the Confederate States
and leaving private property unmolest
ed.
It is contended with muoh force, by
learned counsel for defense, that the
issuance of Treasury notes on the pledge
of the faith of the nation for their re.
demption was a sovereign act cf govern-'
ment and that oourts never in their de
cisions, recognize the existenoe of gov
ernments dejure, (with suoh powers,) in
advance of the action of executive and
legislative branches of goverrment who
alone possess the right to decide at
what time a nation becomos a govern
CORNELIUS WILLIAMS,
FASHIONABLE
1L Boot Maker,
brOAD st., DofilD, gA.
Three Doors above Burnett, Jones A Har
grove.
Genteel Work and Perfect Fits guaranteed
aprI8tw.3m
Lumber.
quantity ancii timbe
JanOltwtf
trine wo are referred to many author!
ties:—Bose vs. Himely. 4 Crunch 241.
Foster et al vs. Nelson'2, Peters 307,
253, Garcia vs Lee, 12 Fetere 510 and
517, Williams vs Suffolk Into. 13 Pe-
ters, 420, dec. We fully admit the
correctness bf tills ddotrine to the ful
lest extent cJalUie'd for it: The issu-
tinco bf tile Treasury notes, however,
as we oonoeive and bfive attempted to
show; was a war measure, designed at
the time as the means fdr sustaining
the war, ahd c'bhse^uently was a bel-
ligorout and not a oivil act of sover
eignty, and came within the acknowl
edged sphere and authority of a de facto
government, which oourts ih the set-
tlement-of individual hghta, would be
hound to notide:
If tbe8b holbs became d paH of the
currency of tho country by the common
assent of the people, and by general
usage represented the value of property,
contracts made in consideration of them
bdh bh fidsl shied bb the courts, without
at all rnoognizing the de jure right or
charaoter of the government that is-
Shed them. The faith pledged for the
redemption of theih, as all know who
reoeived them, depended on tho recog
nition of tho Confederate States os a de
jure government—the credit of the is
sue and not ita legality was the only
question to be considered by those who
usod theih.
It will scarcely be denied, that the
Confederate States for the time being,
vrae ads facto government, invested as a Wit:
belligerent with all tile "tovereign [ void
rights of war!” it had power to raise
armies, afid consequently the right to
pay its troops. Suppose in paying its
troops it had been compelled to issiib
script or certificates of indebtedness,
payuble in the future, to its soldiers for
services, could any one defiy the legali
ty of tire transaction, And suppose this
script oV,'certificate of indebtedness was
convortablo into spooie in tho commun
ity at a fixed value ? Will it bo said
that if a soldier who hod received suck
script, should trade for a horse, lie ro-
qdrredfio title, hecubsp the ‘goVein-
uiont whioh had the powor of fol-oing
him into tho srmv, had no authority
to,pay him for his services f WO Ih ink
not, and can look upon .tho transaction
Only as a Valid legal and binding hon-
traot.. The Treasury notes woi-o virtu-
illy, jusjti
such script, and were Used
r- tt.-iJ.ai — ruose to
VioeB. ' '
The seoond and third grounds nf de
fense suggested by oJuntcl, viz: that
tlie Treasui-y notes, were bills‘of Credit
emitted by the Confederate States in
violation of the Federal Copstitutiou,
and oould furnish nci consideration for
a valid contract, and also that they
were issued to carry on a rebel
lion against thb United States,
.which rendered them invalid, 'and
oould Create no binding oontraot, have
been in a grout degree already dlSoOss-
•oil. Had the premises‘o'n which conn-
ael rely tor delehsfi of. this ouae, been
oorreot, tHe cbncrasions ‘they draw from
them would have been irresistfiblo.—
They take for granted that the reoeht
war was a simple aot of rebellion—that
during the same, the Federal Constitu
tion and laws were in full force and ef
foot, operating upon the people in’ re
bellion; that the provisions of tho same
hAd hot been impaired or disturbed by
the war, aid ‘bon'sequently any viola
tion of them effected tndfviduat or per
sonal, rights precisely tho same, as If the
country had remained at peace. To re
fute this view of the oase, we have
shown that the war was not a rebellion,
but a oivil war, whiolr placed tho par
ties to the wur, in the attitude of a is-
tiuot nations as laid down by q'U writers
of international I Vw; fha't the Confcder-
nto States as a helligereht nation, be
came vested with all power neaessary
to conduct the war to a successful ter
mination—thut the creation of A nation
al currency, if neoessory as a war meas
ure, was perfectly legitimate—that the
militury necessity for the currenay, of
itself, created the power in the de facto
government loissuo the Treusury notes
—that the oivil wur had suspended the
Federal Constitution and laws over the
belligerent States, ahd that the issuing
of said Treasury notes Violated neither
ww
said
their issuance. If this be oorreot,
whioh will scarcely admit of denial, we
hold that the use of theso Treasury
notes in the o’rdihA'ry trade A'ud traffic
bf the ooAntry wus ‘lugttimiite, AnJ they
constitute such A vutAuble considera
tion, both in inW apd equity ns gave
validity and legal effect lo nil fair con
tracts made wTth them.
We deem it unnecesSAVy to dWeUfUr-
tber on the second and third grouuds
of dofi nse, ns the remarks made on the
tint ground, have full application to
the whole defonse made by counsel for
defendant.
Before closing lioweVer, We will con
cisely state another view of this case,
Which equally entitles complainAYi'tfo a
recovery.
The arguments of counsel for defense
is founded on this principle of law,
whioh is too well settled to admit of
controversy, viz: “that courts will not
enforce against oUheV party, contracts
-p'oWing out of, or oonnocted with at:
I legal or immoral act." 11 is con tended
by oounBel for defense, that tbo issue of
Treasury notes by the Confederate
State government, was a violation of the
foderal Constitution, and the aot being
illegal vitiated all cAhtYaots fAade with
them. Admit for the sake of argument,
thAt the trutn of the first part of coun
sels proporitfon, viz: that the issuance,
of the Treasury botes was an illegal act 1
by the Confederate States government,
how far is the.xontract now under in
vestigation effected by tho illegal act?
In the base of Toller vs. ^Armstrong
the Judge in stating the laW to the
jury says, in speaking of the foreging
rule Of law:—"The principle'Of the rule
is, tbit no man ought to be heard in
a court .bfjUstice, who seeks to enforce a
contract founded in', or arising out of
moral or political turpitude." So far as
the rule operates to discourage tho per
petration of an immeral of illegal act,
it is founded in tho strongest reason-
but it cannot safely be pushed farther.
If for example, the man who imports
goods for another by means of a viola
tion of the laws of his country, is dis-
meut dejure. In support of thfs doo- lqualified.;from founding any aotion
- F • upon suoh illegal transitoliou, for the
valub ot freight of hie goods, or any ad
vances bade on them, he is justly
punished lor tlie immorality of the act,
and a poweH'ul discouragement liom
the perpetration of it is provided by the
rule. But after thb aot is accomplished,
no Uew contract ought to be effected
by it; it ought not to .vitiate the contract
of the retail merchant, who buys these
goods from tho impotor, that of the
tailor who buys from tbo merohant, or
of the customer of tbo former, amongst
whom the goods are distributed in
olothiug, although the illegality of the
orignal uct, was knoffh to each of the
above persons at the tide hb bontrac-
tod.—11 Wheat 258 (6 con. rep. S. C.
U. S. 300.)
The same doctrine is laid down by
Judge Story, in his conflict of Laws,
pag < 376 and 248, and also confirmed
by the Supreme Court of this State, in
the case Wooten et al vs. Miller, 7 S.and
page 386. NoW, admitting that the
issuance of Treasury notes was an ille
gal act, what would be the effect of
this illegal, act Upon codtraots of the
country? Most clearly from the above
rub of luw, only these would be effect
ed which grew idmhdiately out Of; or
were connected, with the illegal aot,
and none others. All cotton or other
propetf&purobasod by the COdfadcrate
States, and paid for with the said Treas
ury uOtes; boirtg contracts; connected
and tainted with the illegal act, to
issuing of the same would he
er the rule Aboye stated, Afid
no recovery could be had, either by tho
Confederate States or. those claiming
under them through the oourts of the
country. But when said notes pass in
to the hands'iff persons not connected
in Any foAhn'eV .Willi tho iliegfl ,aot—
contracts made iipoh the faith of them,
afo founded tipon 'A consideration not
tainted with tho illegATity'oTJheir is
suance, and consequently such A,'con
sideration us will make a good and Val
id contract.
Assimulating the case under 'cobsidj
oration to tlio i-ulo ’of Armstrong and
Toller, tho illegal importation of tlio
goo s in that euso vitiated all contracts
connected with it, but when they pass
ed tt; p ’ 1 -* ’
priety I
retail n
era, &c., all contracts with '6r fo'r said
goods aro declared valid and binding
On 'the -parlies. The taint which effects
subsequent contracts is not connected
with tho thing, but only tho illoga'l KcV,
and the test to ascertain that fact, ..laid
down in thocaso pf SiftrpptOn Vs. Bloss,
7 Taunt 246, is “Whether the plaintiff*
requires Ahy aid i'rorA tho 'illegal trans
action to establish his'eake," if he does
tho oontraot iB Void, Ifho tides 'fio't, It iA
valid. So in the casn before the Court.
T(io issuance of the Treasury notes 6y
the Confederate States was the illegal
aot, and would vitiate ult contracts
connected with it, but when they. Vront
into the hands Af porsofis entirely inno-
oenlof auy complication of their ilegal
issuanco and were used by suck persons
as a consideration in contracts, it Visa A
Icgul. consideration ahd'created a VAifd
Ahd 'bindifi^‘oontraot.
The question than ocours, in the rasa
helore the court, what connection did
the‘ooufraot between the parties to this
suit hour to the illegal act of Issuing thy
Treasury.ViOtes 7 There is no dispute
in relation to the facts of the cast). It
is agreed by both 'parties to tho pres
ent oOntrrict-^-thAt o'h 'tho 27th of Jan
uary, ,864, oomplAfnA'nt paid defend
ant in Troosury h o tea of Confederate
Stales government, whioh ho received
as valuable at the time, seven thousand
dollars in payment for twenty thousand
poAVids of lint cotton, which defendant
was to keep and deliver At rubaeduentr
time—tfiocon,'raot was oVedu't'ed in, all
but tho final delivery of tho cotton.—
The question again occurs. In what pay-'
ticularls this'cohlraot connected with
the illegal not of the issuanco of tltozA
notes, or what aid is required from tijat
illegal act to enoble complainant to sus
tain his oontraot? We con lets that, wp
oan see none whatever. Tho Voh’fract,
is perfect in itself, and requires ho con
nection with the illegal act complained
of, to rendor it more complote. Sup
pose complainant, being a retail pier-
chant, had purchased from an impor
ter, goods imported in violotion of the
luw, os in the case mentioned in Arm
strong and Toller, without haring any
connection with the illegal importation
of tho same—any contract made ,by
him with others for these goods are de
clared in that case to be valid—and sup
pose insload of Treasury notes, ho pad
paid defendant for tho cotton in thp.so
goods, will any one in tho face of. tue
decision in that case, deny the validity
of such a oontraot, and ifDOt, how is ip
possible tpey can doubt the..ysJi(j(ty -
uud binding obligation of the contract
tinder 'consideration, when said Treasu
ry notes bear precisely the sh'AVo rela
tion to their illegal issue that said goods
boro to th;oi'r illegal importation ?
We confess We have felt tho delicacy
of our position in deciding thfs casar-
the magnitude of tlie question—'the im
mense interest involved in the'decision
rendered it important thAV no , ti0»t)-
coriclusiona should tie ar'riVed ut, pud
wo have therefore given the case as.care
fu! an examination and investigation
os wo are oapable of doing. Front, ev'-
ery view wo hove taken of tho,,caeei
the conclusion foroes itself upon us that
our duty requires we should grant the
prayor of the bill. r„ ,
Let A ddcrhe.be entered for tlto de
livery of the cotton to complainant in
acaordanco with tho Contract, And. in
tho alternative, if the cotton 'cannot be
hnd, for the value of it, Ana defendant
pay the coats of the suit. ■' ,'i.
GZO. 1{. CiLATTOff,
Special Judge.
CHAS. IRWIN & eu;7
HOUSE k ,
SIGN AND ORNAAfENTAt
PAPER HANGERS AND. GLAZIERS',
rome, m
Shop over Nowlin A>Iaqpin's Drug Store,
REFERENCES;
Dr. J. H, Non-un; West A Bro., ,
Hon. R: D. Hffi-vey; J. P. MpDowell; .
Capt. J. R. Stevens, Cothrans A Elliott!
mayl0tn8m
For fireensport
AND INTEilMfeDiATE LAND
ING 5
MEIt
r- .^DINE,. .
frill.leave Jjor. Wharf
orery.TUESDAY, Morn-
after thb
irt find ini
ni juorn-
ai-Fival o{
lanuMlttir
L Oaptft. hi. Coulter, commindlHg;
to FO rfr bi8ht< S.ra D «,V’ ° l
mar27.tf Office at Lamkin A Co'a Store. .
frioe s. coriiRifi; , j. m, ulliott-
It. D. COTgaAS. •
COTHRANS & ELLIOTT,
BROKERS AND COMMISSION MERCHANTS,
Rpine; Ga,i , . . ,
H AVING resumed business propose to
reeelve deposits; Buy and toll Ex-
oliango, Specie, Bank Notes, Government,
Railroad and other Securities,- make col,
lections add remit promptly; Attend to
Shipment dfCotton Ip. New York- or else,
frijet-e, and make libclfil advancef on the
. HDFERD&bE;
Gardner A Co„ Now York. •
John Snyder A Co. Louisville, K.j
Bobert Patterson *Co., Philadelphia:
James Maguire, a Co., Boston, Maes.,- ,
Gardner, Smith A Co., New Orleans, Lo:
Garland, Goode, Mobile, Ala. ....
El B. MoClsttthao, Nashville, TVttra
feb8-tw-tf
A
