Newspapers / The Times-Democrat (Charlotte, N.C.) / July 30, 1867, edition 1 / Page 1
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0wm 1 i 1 " , us 1 1 1 i hi II ill in I if in ill I ' WW OFFICE OS THE SOUTH SIDE OF TRADE STREET $3 Fer Annum CHARACTER IS AS IMPORTANT TO STATES AS IT IS TO INDIVIDUALS, AND THE GLORY OF THE ONE IS THE COMMON PROPERTY OP THE OTHER IN ADVANCE W3I J YATESj Editor and Propreitor. CHARLOTTE, N. C, TUESDAY, JULY 30, 1867. FIFTEENTH VOLUME N U M B E R T78. (Published every Tuesday, Q) BY WILLIAM J. YATES, EDITOR AND PKOPKIETOtt. O '3ru,lKFgs $3 PER ANNUM, in advance. $ 2 for six raontb3. tS?" Transient advertisements must be paid for in idvance. Obituary notices are charged advertis ing rate3. Advertisements not marked on the manuscript for a specific time,will be inserted until fur bid, and charged accordingly. $1 per aqu.ire of 10 lines or less will be charged for each insertion, unless the advertisement is in serted 2 month? or more. Sdhdh4k u;s- WHITE LEAD, at McAden's yrtPP Corner Drug Store. 300 Gallons Linseed Oil, at IlcAden's Corner Drug Store. 3 Barrels Spirits Turiieatine, at McAden's Drug Store. NO. 1 Coach and Copal Varnishes, cheap, at McAden's Drug Store. FIXE Lubricating, Lard and Sperm Oil, at Mc Aden's Corner Drug Store Rright Illuminating Kerosene Oil, cheap, at Mc Adea'ts Corner Drug Store. Tanners' Strait's and Hanks' Oil, at the lowest market price, at McAden's Corner Drug Store. May 10, lft7. fl JV BOXES MANUFACTURED TOBACCO, 'ffir ly for tale al the Corner Dins: Store. June 3, 18'JT. J- II. McAPF.N. A A 11 ii K S T O C K OK SJ?37MISrGr G OO US Tine white and mhired Mar.--ril! Quilts, just received at RARRINUKR, WOLFE & CO S. 37 Ladies' French Diiuif ry Skirl?. India Twilled Long Cloth. Linen Dress Good-;. Extra Fine Lace Collars and Culft, Valenein La-e, Clcny Lace, Black Silk Guper Lace. Call and examine our New Cools. BAIIBINGEU, WOLFE i CO. r'-i? Irish Linen of an extra quality ; Bleached Shining, cxtia quality. Call soon. Black Cliallcy for Mourning Dresses, English Crape and English Crapt Veils, at HARBINGER, WOLFE & COS. April l.r, I8C7. JUST RECEIVED AT C. M. QUERY'S NEW STORE, A Luge and well selected Stock of S I 51 I . G A X SU JJ JJ S: !t (jOODS. DIIV GOODS, at exjremely low prices. WHITE GOODS, a lull assortment, which will be sold low for cash. TRIMMINGS Our stock of Trimmings i3 com plete, and was selected with care. A full assortment of VANKEE NOTIONS and FANCY GOODS. HOOP SKIRTS Bradley's Paris Trail Skirts the most popular Skirt now worn all sizes Ladies, children an 1 Misses. KID GLOVES all colors and sizes, of the best article Ladies" and Children's Mitts, all sizes, and of the best quality. FANS AND PARASOLS A full assortment of All kind. SHOES Ladies', Children's and Misses' boots, fhoes and gaiters, of the best Pbiladaphia make. Also, Men's and Boy's hoes and hats. MTiS. QUERY would inform her friends that she lias spared no patn in selecting her stock of Millinery and Trimmings; and having had a long experience in the business feels satisfied that she can please all who will favor her with a call. Bonnets and Hats made and trimmed to order, on the most reasonable terms and shortest notice. Dresses Cut, Fitted, Trimmed and made, on reason able terms and at short notice. Our terms are strictly Cash. Our motto is, small profit, and ju5t dealing to all. April 1, lti7. U O . E swX.vjrg A Chance to Make Money, The subscriber will purchase Bones at 50 cents per hundred, delivered at Concord Factory, or at any Railroad Depot between Charlotte and Greens boro. Cash paid on delivery. Those who will accumulate Bones in quantities Bt any point on the Railroad lines, and inform the subscriber, arrangements will be made for their purchase. II. E. McDONALD, April 1, 1SC7 tf Concord, N C. cooKir, stovesT OF THE NEATEST AND MOST SL'l'EUIOIl PATTERN. -X" 33 2. Xji Springs' Building-, Charlotte, N C. Has for sale "Sjtttir'S tllti-iJttSl fOOtiittg STtfJ ESf winch, tor every variety vt cooking and great economy in fuel, caunot be surpassed by tin" Stove heretofore used. Everybody who has used one of these Stores testify that, for convenience in cooking, durability and cleanliness, they ate far preferable to all other patterns. Call and see them. D. II- BYERLY has also on hand a good as sortment of Tin, Japan and Sheet-Iron Ware such articles as are necessary for house-keeping. fcs? TIN-WARE made to order at short notice .On reason. t!e terms. T KEPAIItlXG promptly executed. I) II . BYERLY, Springs' Building, Charlotte, N. C. March 23, 1S07. KEW GOODS ! NEW GOODS ! s . n . n e a v n a ii , Is now receiving and opening hi? Spring stock of DRY GOODS, comprising every article wanted by the people, bought for Cash, and since the great decline in goods! I keep constantly on hand all kinds of goods viz: Dry Goods, a genera! assortment. Yankee Notions, " " Hats and Caps, " " Uoots and Mioes, " " Wooden Ware, " Leather of all kinds, Hardware, Cutlery, Guns, &c. Groceries of all Kinds, Consisting of Bacon, Lard, Hams, Sugar, Coffee, Fish, Flour, Meal, Pickles, ic , &c. I will sell any of th above very low. All I wish a call from any one before purchasing. My motto is. quick sales and short profits An.il 29. Ief7. S. B. JIEACJIAM. Wortii Knowing A poison of any con- ceivable description and degree of potency, j which has been swallowed intentionally or by accident, may be rendered almost instantaneous ly harmless by swallowing two gills of sweet oil. An individual with a very strong constitution should take twico the quantity. This oil will neutralize every form of vegetable or mineral I poison with which physicians and chemists are acquainted. To Keep Meat Fresii As farmers are often at a distance from meat markets, the fol lowing directions for keeping meat may be of use to those who try it: Cut the meat into slices ready to fry. Pack it in a jar in layers, sprinkling with salt and pepper just enough to make it palatable. Place on the top a thick paper or cloth, with salt half an inch thick. Keep this on all the while. The meat will re main sweet and fresh several weeks. DR. W'M. E. CARR, late of Wilmington, having located in Charlotte, is prepared to attend promptly lo all calls relating to his profession. Having had seventeen years experience in the practice of Den tistry, he is satisfied that he can please all who may give him a call. All work done with reference to neatness, dura bility and dispatch. Ollice over Barringer, Wolfe & Co's, where he can be found at all hours of the day. All work warranted to give entire satisfac faction. Teeth filled and extracted without pain. June 10, 1R67. 6ra PICTURES AT SO CENTS And upwards, at the PHOTOGRAPHIC GALLGRT Over Jas. Harty & Co's Store, next to-the Court Ho use. Call and get a superb likeness of yourself and family, at low rates according to style and finish. Copies taken of old Fict ni t s in a superior manner. Satisfaction guarantied at the Gallery of II. BAUM GARTEN, May G, 1867. Next to Court House GROCERIES. hammond & Mclaughlin Have just received a large assortment of Groceries, which they offer for sale at reduced prices. Their Stock consists, in part, of the following articles : 40 Sacks prime Rio Coffee, 30 Barrels Sugar all grades, 5 Hogsheads Sugar yellow, 25 Barrels Molasses assorted grades, 5 Hogsheads Molasses Cuba, 10 Barrels Potomac Shad, 10 Half Barrels Potomac Shad, 10 Quarter Barrels Potomac Shad, 10 Half " Family Mackerel, 10 Quarter " " " 40 Kits, No 1 and 2, 11 100 Sacks Liverpool Salt, 50 Boxes fine English Dairy Cheese, 50 " Adamantine Candles, 50 " assorted Stick Candy, 25 " Layer Raisins, Fine Lot of Bacon N. C. and Western, " " Flour, Corn and Corn Meal, Codfish and Irish Potatoes, Hemlock Leather. Iron and Nails all sizes, Bale Yarn and Shirting, Fresh Cove Oysters, Sardines and Pickles, Sauces, Flavoring Extracts, Soda Crackers, &c. And every other article usually found in a Gro cery and Prevision Store. We invite the attention of country merchants and others to our stock, and solicit an examination. iiammond & Mclaughlin. May 27, 18C7 tf J. E. STENII0USE, I ALLAN MACAULAY, New York j Charlotte, N. C. STEKIIOUSE & MACAULAY, COMMISSION MERCHANTS, 43 Seone Sticcf, New York. Prompt personal attention given to the sale of Cotton, Cotton Yarns, Naval Stores, &c, and the purchase of Merchandise generally. Consignments solicited. June 10, 1S;7. NEW STOCK F ftOODS. The Hndersigned has just returned from tht Northern cities with a good Stock of 3r X O O O X" O JFi , and various other articles, consisting principally of Java Coffee, Rio Coffee of supeiior quality none better; Black, Green and Imperial Teas; New Or leans and other Molasses; Bacon Sides, Sugar Cured Hams, Fresh Mackerel, Pickled Shad, Soap, Candles, Pepper, Spice, G iuger, Soda, White Wine and Apple Vinegar, Willow Ware, Buckets of all kinds, Tubs Brooms, Churns, Kegs, Half-Bushels, &c. Lorillard Snuff best quality ; Soda, Ginger and Egg Crackers ; a fine lot of Brogan Shoes extra sizes ; Liverpool Salt, and best Carolina Rice. Xj oathor. White Oak Tanned fine article ; large lot of good and good damaged Hemlock ; French Calf Skins; Upper and Harness Leather. White Lead, Powder, Shot and Percussion Caps, all sizes; Whim Rope, Well Rope, Bed Cord, Cotton Cards cheap, Scythe Blades, Pad Locks. Blacking, Matches. Cos ton Yarn, Durham's Smoking Tobacco, Chewing Tobacco; Crushed, Pulverized, White and Brown Sugars, and a fine assortment of best Nails. I have selected this Stock with great care, and cannot be undersold. Give me a call before pur chasing elsewhere. Remember my Motto, Quick Sales, Short Profits and fair dealings with all. Wheat, Flour, Corn, Bacon and Lard taken in exchange for Goods. Friends, recommendir g Freedinen to me, may be assured that they will be dealt with fairly, both as to weight and change no objection to all goods being weighed that go from this establishment. Profits are short, and terms necessarily CASH. I also buy and sell on commission all kinds of Produce. Orders and consignments solicited. W. BOYD. Charlotte, N. C, June 24, 18G7. JUST RECEIVED AT Wilson Bros., Embroidered Bareges, Striped Mozambique, Plain Mozambique?, Lawus, Striped Poplins, and a good assortment of Prints. May 6, 1807. HAVEOU SEEN THE ELEPHANT ! If not just walk down to PRESSON &, GRAY'S Family Grocery and Provision Store, Where they are daily receiving fresh supplies of Groceries of every description, and buy your sup plies while the Horse and Wagon is standing before' the door ready to convey your purchases to your house anywhere within the corporate limits, free of charge. B. M. PRESSON. June 10, 1857 N. GRAY. EXPLANATION. The following strikes us as a fair explanation ! of the main features of the new Supplementary iieconstruction iiili passed by Congress : Section 1. Reaffirms that there are no legal j State Governments in the ten rebel States. 2. Empowers the District Commanders dis tinctly to suspend or remove from office, when ever they deem it necessary, any officer holding any civil or military office, under any power, derived from any so-called State, or any muni cipal or other division thereof. He shall have power, upon such removal, to fill the vacancy by the detail of some competent officer or sol dier of the army, or by the appointment of some other person. These powers are subject to re vision by the General commanding the armies of the United States. 3. The General of the armies of the United States shall be invested with all the powers of suspension, removal, appointment, and detail granted in the preceding section to District Commanders. 4. All acts of the officers of the army already done in removing officers in the said districts, as now provided for in section 2, is hereby con firmed; and it shall be the duty of the Com manders of Districts to remove from office all persons who are disloyal to the Government of the United States, or who use their official in fluence in any manner to hinder the due ad ministration of these acts. 5. The Boards of Registration shall have su preme power to decide on the qualifications for registration. They may refuse registration, or strike a name from the list after it has been registered, required only to enter the grounds of such refusal, or such striking from the book upon the registration lists. 6. Further defines the section in the supple- ! mentary act of March, as regards those who are disfranchised. It reaffirms the disability as it stands in the Constitutional Amendment, and then says: "The words executive and judicial offices in any State, in said oath, shall bo con strued to include all civil officers created by law for the administration of any general law of a State, or for the administration of justice." This will still leave room for doubt. The status of notary publics, municipal officers, and of law yers, is not yet olearly defined, but the District Commanders now have plenary authority in the matter, and orders, we presume, will be issued by tliexn prior to the opening of registration, which will be framed to meet every individual case likely to arise. 7. The time for the completion of registra tion is extended to October 1, 18G7. No per son shall be entitled to register or vote because of Executive pardon or amnesty. 8. Authorizes the Commander, when he shall deem it needful, "to remove any member of a Board of Registration, and to appoint another in his stead, and to fill any vacancy in such Boards." This section to us seems altogether unnecessary; the General being invested with supreme power in his District, certainly may be supposed to exercise this lesser right of removing his own appointees when he may deem it necessary. 9. Requires that all members of Boards of Registration, and all persons "hereafter elected or appointed to office in said Military Districts under any so-called State or municipal authority, or by detail or appointment of the District Com mander, shall be required to take and subscribe the oath of office prescribed by law for officers of the United States." This we take to be the "iron-clad." This oath has to be taken, as above stated, by all persons "hereafter elected or ap pointed to office," but has no retrospective force or application. Section second empowers the Commanding General to make removals and fill vacancies, but to do so or not u optional with him; and no oath is required of those now in office. 10. "That no District Commander or mem ber of the Board of Registration, or any of the officers or appointees acting under them, shall be bound in his action by any opinion of any civil officer of the United States." This, if we understand it correctly, means that no opinion of tha Attorney-General shall be binding upon tho Commanding Generals, or upon any officers .acting under them. There can be little doubt that the phrase in a like manner is meant to in clude the President also; as can be inferred likewise from other parts of the Bill, where a supervisory power is given alone to the General of the armies of the United States, and the President is not named. This is, perhaps, in genious, but not decisive; for the President is not merely a civil officer of the Government. He is, by the Constitution, the Commander-in-Chief of the Army of the United States, and Congress cannot, without subverting the entire structure of the Government, take from the President his right to supervise the action of all military officers. This 10th Section, how ever, may mean yet something more than this. If we understand it right, it likewise means that no Court of the United States (for Judges are civil officers,) shall have any right to interfere in the execution of the Reconstruction Acts of Congress. This is somewhat at variance with the opinion expressed recently at Raleigh, by Chief Justice Chase, who recognized no such power in Congress. Section 11th is of a general character and unnecessary. It provides "that all the provi sions of this act and the acts to which this is supplementary, shall be construed liberally to the end that all the intents thereof may be fully j and perfectly carried out. Here then, we have in detail the provisions of this Third Reconstruction Act, fastened upon cs by the imprudence of the President, and also, i we, in a measure, think, by the collisions which r from time to time have arisen in some of the Spates, in the course of the execution of these j acts, between the civil and the military autbori- I ties. We are glad to be able to say, that there I have been none such in the Second Military District, and we therefore affirm that these ! additional restrictions have been superinduced j through no fault of ours. The skirts of the people of South and North Carolina, are clear in the matter, as far as we know. Indeed the testimony of the Commander of District No 2 bas amrmea mis again ana again, doiu iu uu j speeches and letters. STATE NEWS. Fall Term of Superior Courts. The Judges of the Superior Courts in this State nave arranged their ridings for the rail terms, as iollcws : 1st Circuit, Judge Barnes. 2nd " Shipp. 3rd " " Gilliam. , 4th " " Mitchell. 5th " " Warren. 6th " " Fowle. 7th " " Merrimon 8th " Buxton. The Executive Mansion. This building has been surrendered to the State authorities. The Military Headquarters, we learn, have been transferred to the late residence ol A. M. Lewis. Esq., in the northern part of the City, near the T T 1 ' . t I iJ.TiLi reace institute, it naviog ucen renteu ior tuai purpose. Raleigh Sentinel. Painful Accident. We regret to learn that a painful accident befel Capt. Jay Andrews and lady, while on their way to Wilkesboro, last week. The Captain, lady and infant were travelling in a buggy, when opposite Taylors ville, the throat-latch of the bridle unfastened, and Capt. A. alighted to secure it, by some means the bridle dropped from the head of the horse and he started in a trot, with Mrs A. and infant in the buggy. The road was rough, and after passing about a half mile the vehicle struck a tree, upset, and threw out the lady and child with some force upon the ground. Capt. A., who is lame, pursued as rapidly as he could, with painful apprehension of finding his wife and child with broken limbs, perhaps dead, on the road-side. W hen he came to them, Mrs A. was insensible, tho' not seriously injured, and the infant miraculously had escaped death, hav ing received but slight injury. Statesville American. Davidson College. Besides the degree of A. B. conferred upon the graduating class, the Trustees conferred the degree of A. M. upon Prof. Delaware Kemper, of Hampden Sydney College, Va , and the degree of L. L. D. upon the Hon. Z. B. Vance of N. C, and Prof. Lamar, of the University of Mississippi. We are in a truly pitiable and helpless condition in relation to mail facilities. Service has been discontinued on all the routes from this point, and unless the people will exert themselves and petition the Department for them to be reopened, and send bids for service with the petitions, we will be without mail fa cilities to any point for an indefinite period. Wo hope the people everywhere will not delay moving in this matter. Wade&boro Argus. The mail facilities in this Dart of the State are not as good as last year. We all thought them bad enough then. DESTITUTION IN THIS STATE. The ravages of war, the loss of property of all kinds, the drouth which prevailed in many local ities last year, and the heavy and long-continued rains in June of the present year, have caused much want and suffering in this State. We know there are iustances in which the benevo lence of the government is abused, but this is to be expected where want so much abounds, and where there is no regular detective system to dis tinguish the really deserving from the thriftless and vicious. It is better to aid a large number who really deserve it and make some mistakes in so doing, than it would be to aid none because a few unworthy persons might impose themselves on the government. The chief of the Freedmen's Bureau in this State, Gen. Miles, has been very liberal in dispensing aid to our suffering people. This aid is freely bestowed in provisions to all actually needy persons, without regard to color, condition, or former or present political opinions But even charity has bounds. This aid should be given no longer than it is actually necessary. The people should be encouraged to rely on in dustry and economy for a living. The habit of beggiug for, or depending on the government for a Jiving should be sternly discountenanced. Governments are established, not to feed people or support them ia habits of idleness, but to pro tect them in their industry and encourage them in their efforts to improve their condition. The aid now extended by the Bureau and by the benevolent, is temporary in its character. It can not be continued as a permanent thing. It ought not to be. ... We learn that the suffering in Union County, in this State, is very great. The crops in that County last year were cut off by the drouth. The people of Union have been relieved to some extent by the Maryland contribution, and the contribution made in Washington City under the auspices of Dr. Powell; but we learn that an of ficer of the Bureau, who has carefully inquired into their condition by order of Geu. Miles, re ports some seven hundred persons as totally des titute, and of course in a starving condition. We learn that Col. Churr, who has charge of the Bureau during the temporary absence of Gen. Miles, has sent a large quantity of corn and pork to Union, to be distributed among the poor; and the committee having in charge the Boston fund have appropriated the sum of $300 to the Coun ty. This turn bas been sent to a committee in Union, who will apply it mainly to the sick, the infirm, and the aged, as it is believed the gov ernment will furnish enough meat and Jaread for the great body of the suffering population. Wil liam Gray, F-q acting for the benevolent people of Boston, has recently notified Gen. Miles, Col. Pulliam, and W. W. Holden, that he has Wen authorized to add the sum of $2,100 to the Bos ton gift, making in all 9,100 donated by the Boston people through this channel for the re lief of the poor iu this State. But $2,000 of this amount have thus far been actually expended; but the committee, after due consideration, hav ing heard from various parts of the State, have appropriated the bulk of the fund to such locali ties as seem to be most in want. Raleigh Stan dard. m "Tommy, my son," said a fond mother, "do ' you say your prayers night and morning f "Ye?, that is nights ; but any smart boy can take care oi himself io the day time." - OPINION BY JUDGE BEADE. We published, a few weeks since, the opinion of Chief Justice Pearson in the case of Phillips vs. Hooker, involving the validity of contracts founded on Confederate currency. We give to- aay tne opinion ot his Honor, Judge lieade, in the same case, which, it will be perceived, is devoteu to tne learning in the premises : Phillips vs. Hooker. Reade J. I propose to consider only so mucn or tne case as involves the question whether Confederate Treasury notes, which were paid tor tne land, were an illegal consideration. For, very clearly, if the consideration was illegal, the contract will not be enforced in this Court. I shall treat it as a dry legal Question. A contract is not void merely because it tends to promo to illegal or immoral purposes llil- liaraon bates, 61b; Armstrong vs. Toler, 11 Wheat 25S; Story's Conflict of Laws, 253. A contract for the sale of a house and lot is not vitiated by the fact that the vendor knows, at the time of making it, that the vendee in tends it for an immoral or illegal purpose. Armjitid vs. late, i lred zoy. A sale of goods is not void although the seller knows that they are wanted for an illegal pur pose, unless he bas a part in the illegal purpose Uodgeon vs. Temple, 5 Tarent 181. In which case Mansfield, C. J., says : "The merely selling goods, knowing that the buyer will make an illegal use of them, is not sufficient to deprive the vendor of bis just right of payment. In Dater vs. Earl. 3 Gray Massachusetts Report 482, the Court says : "If the illegal use to be made of the goods enters into the contract and forms the motive or inducement in the mind of the vendor or lender to the sale or loan, then he cannot recover, provided the goods or money are actually used to carry out the contemplated de sign; but bare knowledge on the nart of the vendor that the vendee intends to put the goods or money to an illegal use, will not vitiate the sale or loan, and deprive the vendor of all reme dy for the purchase money." When goods are bought from an enemy, even in bis own territory, by a citizen of the United States, the sale is valid, and the price may be recovered, although the act might be a misde meanor and the property liable as a Drize Coolidge vs. Inglee, 13 Massachusetts Reports, 2G. Authorities arc abundant to the same effect It will be seen, therefore, that a contract is not void because there is something immoral or illegal in its surroundings or connections. And yet it is equally certain that a contract is void when the consideration is llietral or immoral. What, then, is the criterion ? Probably the following cases will 6how the dividing line: Goods were sold to a man who intended to smug gle them and defraud the Revenue, and the vendor knew of the design; it was held that the contract was valid, and that the vendor eould recover the price; Holmon vs. Johnson, Cowper, 341. But eoods were sold to a man who in tended to smuggle them and defraud the Reve nue, and the vendor not only knew of the pur pose, but put them up in a particular manner so as to enable it to be done ; it was held that the contract was void, and that the price could not be recovered; llriggs vs. Lawrence, 3 Term Reports, 454. Now what is the difference be tween the two cases? None i-except that in he latter case it was a part of the arrangement, and entered into the intent of the parties that the thing should be done. All these authorities show that the intent ot the parties to accomplish he illegal thing is accessary to vitiate the con tract; aud, therefore, in the case before us, un- ess the intent of the parties in their contract was to aid the Rebellion, the fact that it did it, (if it did,) by giving currency to the notes, does not vitiate it. It is not pretended that the Confederate Treasury notes were of no value. It is con ceded that they were of value, and that, at the time of the sale in 1862, less than two dollars of the notes would buy one dollar of gold. But it is contended that although of value they were illegal. In what sense were they so 1 In no case can the thing used as a consideration, of itself and independent of the intention of the parties, invalidate the contract if the thing be of value; unless, perhaps, by express Statute. There is nothing which may not be turned to mischief in its use, as poisons, deadly weapons and the like; but still they are sufficient con siderations to support contracts, unless it be the intent of the sale to do mischief. - The case of Randon vs Toby. 11 Howard U. S. Reports 493, is very strong in point. In that case Afri cans had been imported and sold as slaves. which is forbidden by law. The vendor brought suit for the price of one which be had sold; and the defense was that the consideration was illegal. The court says : "The plea that the notes were given for African negroes imported into Texas after 1833 is unavailable. On the argument here, it was endeavored to be sup ported on the ground that the notes were void, because the introduction of African negroes into Texas was contrary to law. If these notes bad been given on a contract to do a thing forbidden by law, undoubtedly they would be void. Neither of the parties had anything to do with the original contract, nor was their contract made in defiance of law. The crime committed by tho3e who introduced the negroes into the country, does not attach to those who may afterwards purchase them. As respects the defendant, therefore, he has re ceived the full consideration of his notes. And then follows this strong language by the court : "If the defendant should be sued for his tailor's bill, and come into court with the clothes made for him on his back, and plead that he was not bound to pay for them because the importer had smuggled the cloth, he would present a case of equal merits and parallel with the present; but he would not be likely to h&ve the verdict of the jury or the judgment of the Court." So, in the case before us, it is conceded that it was illegal to issue the Treasury notes, just as it was illegal to import the negroes ; but the illegality is in the issuing in the one case, and the importing in the other, and does not attach to those who afterwards use the thing itsud or imported. It was insisted, in the argument be fore us, that the value of the Treasury notes depended upon their circulation, and that the parties, by using them in their contract, aided in their circulation; so, in the case just quoted, the value of the importation of negroes depended upon their sale, and the transaction between tho parties aided their sale, and. in that way. en couraged importation. The fact was undoubted ly true, yet it did not render the contract void. The illegality consisted in their importation and not in their use after importation; so tire illegal ity consisted in the issuing of the Treasury notes, and not in their use after they were issued. If balls, which had been shot in battle, had been found and sold, it might as well be said that the consideration was illegal, because they had been made for, and used in, the rebel lion. In 'Coolidge vs. JngTee, supra, the ease was that in the war of 1812, a citizen of the United States bought eoods of the enemv con. j tj j trary to law, and brought them to the United States and sold them, and, when he sued the purchaser for the urtce. he set cm the dofensa s that it was unlawful for the plaintiff to have bought the goods, and, that, therefore, the con sideration of the contract was illegal; but the Court held the contrary. It is absurd to sup pose that the goods in that case, or the Treasury uuies ia tuis, were megai. were not iue gooas precisely the same as if they had been bought . ! ill 1 117 M. iL - of a friendly power ! Certainly. The foods were not illegal, but the trading with the ene my was. This is the first time that this very important question has come before as for consideration. It has been well argued and patiently considered. We are not without important aid in determin ing the question. It was well considered by the Convention of 1865, and by the Legislatures which have since assembled. The Convention was prompt to declare that the rebellion, and everything in aid of it, was illegal. And it de- ' clared void all contracts which were in aid of it; but it did not deolare void all contracts, the con sideration of which were Confederate Treasury notes; on the contrary, it plainly declared such contracts valid; that all contracts made during the war shall be deemed to be payable in money of the value of said notes; and directed the Legislature to prepare a scale to show, not that said notes were of no value, but to show what their value really was. And the Legislature did prepare 6uch a scale. Now, if the defense set up io this case be good, then the Convention and Legislatures ought to have made short work of it, and declared that all contracts should be deemed to be payable in Confederate Treasury notes; and that such notes weie illegal as a con sideration to support a contract, and, therefore, that all such contracts were void. I do not consider the question whether tho Convention or the Legislatures had the power to validate or nvahdate contracts, but their actions are cited to show that those bodies regarded these notes as valuable, and considerations to support con tracts. We thus have the concurrent opinions of the Judiciary, the Convention and the Leg islature of the State, and an uninterrupted train of decisions both in England and the United States on kindred subjects, that Confederate Treasury notes are not illegal considerations in contracts between citizens, unless it was the tx tent of the parties to the contract thereby to aid the rebellion. Our attention was called to an abstraot of case decided in Tennessee, in which Confeder ate Treasury notes were held to be an illegal consideration. We regret that we have not the case at large. It seems to have been decided upon tho ground that it was the money of rebels. Suppose it had been the coin of rebels. Doubt- ess there is some better reason than that. Ik were an encouragement to rebels and to rebel- ton to exonerate them from a performance of their contract, because of their participation in so great a mischief. If the Judiciary could be influenced at all by this consideration, it would hold them to a more rigid performance of all their undertakings. As a court, we neither' favor nor oppress rebels, but hold the scales of justice even. But we forbear further comment, lest we do our sister Court injustice. FOB HOUSEKEEPERS. The following are a few valuable household hints, which are worth preserving : Save your suds for garden plants, or for gar den yards, when sandy. Wash your tea-trays with oold suds, polish with a little flour and rub with a dry cloth. Frozen potatoes make more starch than fresh ones; they also make nice cakes. A hot shovel held over varnished furniture will take out the white spots. A bit of glue dissolved in skim milk and wa ter will restore old crape. Ribbons of any kind should be washed ia cold soap suds, and not rinsed. If your flat-irons are rough, rnb them with fine salt, and it will make them smooth. Oat straw is the best for filling beds; it should be changed once a year. If you are buying a carpet for durability choose small figures. A bit of soap rubbed on hinges of doors will prevent tbeir creaking. Scotch snuff put io holes where crickets eome out will destroy them A gallon of strong lye put in a barrel of hard water will make it as soft as rain water. Half a cranberry on a corn will kill it. Always mend the clothes before washing them. A Wonderful Clock. Rev. Ashby Ste phens, well-known throughout West Virginia as a Methodist minister, now a teacher at Point Pleasant, bas invented a clock which may justly be ranked among the remarkable inventions of the times. It is not, accurately speaking, a clock, but an attachment which may be joined to any clock. It calculates with scientifio pre cision the rising and setting of the son, moon and stars. Shows the changes in the moon, and calculates all the eclipses. It shows the right ascension and declension of the stars, the place of the sun and moon in the zodiac, and te what constellation, with many other of the ce lestial phenomena. This it will do for one hun dred years.- Wheeling Intelligencer.
The Times-Democrat (Charlotte, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
July 30, 1867, edition 1
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