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L. Members of Cabinet of President Grant and General Amnesty-Validity of the XIVth and
On the Validity of Contracts in Confederate
Act Providing for Redemption of Three Per
Cent. Temporary Loan Certificates and for an
sitions offered during its pendency, with Votes
LII. President Grant's First Annual and Special Act to Authorize Refunding of the National
ency thereof, and Votes thereon.
LIV. Land Subsidies, 1827-1870...
American Shipping-Act to Amend the Natu-
LV. Restoration of Virginia, Mississippi, and
LVI. Declaratory Resolutions
On Repudiation-Purchase of United States
Bonds – Increasing the Currency – Tariff-
POLITICAL MANUAL FOR 1870.
MEMBERS OF THE CABINET OF PRESIDENT GRANT,
AND OF THE FORTY-FIRST CONGRESS, SECOND SESSIQV.
PRESIDENT GRANT'S CABINET. South Carolina—Thomas J. Robertson, Frederick
Alabama-Willard Warner, George E. Spencer. Secretary of the Treasury-GEORGE S. BOUTWELL, Mississippi *-Hiram R. Revels, Adelbert Ames. of Massachusetts.
Louisiana-John S. Harris, William P. Kellogg. Secretary of War_WM. W. BELKNAP, of Iowa.* Ohio—John Sherman, Allen G. Thurman. Secretary of the Navy-GEORGE M. Robison, of Kentucky-Thomas C. McCreery, Garrett Davis. New Jersey.
Tennessee—Joseph S. Fowler, William G. BrownSecretary of the Interior-JacoB D. Cox, of Ohio. low. Postmaster General—John A. J. CRESWELL, of Indiana—Oliver P. Morton, Daniel D. Pratt. Maryland.
Illinois-Richard Yates, Lyman Trumbull. Attorney General-Amos T. AKERMAN, of Geor- Missouri—Charles D. Drake, Carl Schurz. gia.f
Arkansas-Alexander McDonald, Benjamin F.
Rice. MEMBERS OF THE FORTY-FIRST CONGRESS. Michigan-Jacob M. Howard, Zachariah Chand
ler. Second Session, December 6, 1869—July 15, 1870.
Florida—Thomas W. Osborn, Abijah Gilbert. Senate.
Texas t-Morgan C. Hamilton, James W. FlaniSCHUYLER Colfax, of Indiana, Vice President of Iowa-James B. Howell, ţ James Harlan.
. the United States and President of the Senate. George C. Gorham, of California, Secretary.
Wisconsin— Timothy 0. Howe, Matthew H. CarMaine-Lot M. Morrill, I Hannibal Hamlin.
penter. New Hampshire-Aaron H. Cragin, James W. California-Cornelius Cole, Eugene Casserly. Patterson.
Minnesota-Daniel S. Norton, & Alex'r Ramsey. Vermont-Justin S. Morrill, George F. Edmunds. Oregon-George H. Williams, Henry W. Corbett. Massachusetts—Henry Wilson, Charles Sumner. Kansas-Edmund G. Ross, Samuel C. Pomeroy. Rhode Island-Henry B. Anthony, William West Virginia—Waitman T. Willey, Arthur 1. Sprague.
Boreman. Connecticut—Orris S. Ferry, William A. Buck - Nevada—James W. Nye, William M. Stewart. ingham.
Nebraska—John M. Thayer, Thomas W. Tipton. New York-Roscoe Conkling, Reuben E. Fenton. New Jersey-Alexander G. Cattell, John P. Stock
House of Representatives. ton.
JAMES G. BLAINE, of Maine, Speaker. Pennsylvania—Simon Cameron, John Scott. Edward McPherson, of Pennsylvania, Clerk. Delaware—Willard Saulsbury, Thomas F. Bay- Maine-John Lynch, Samuel P. Morrill
, James ard.
G. Blaine, John A. Peters, Eugene Hale. Maryland-George Vickers, William T. Hamil- New Hampshire—Jacob H. Ela, Aaron F. Steton.
vens, Jacob Benton. Virginia&—John W. Johnston, John F. Lewis. Vermont-Charles W. Willard, Luke P. Poland, North Carolina—John C. Abbott, John Pool. Worthington C. Smith.
Massachusetts—James Buffinton, Oakes Ames, *Qualified October 18, 1869, in place of John A. Rawlins, deceased September 6, 1869.
* Mr. Revels qualified February 25, 1870; Mr. Ames, f Qualified July 8, 1870, in place of E. R. Hoar, resigned. April 1, 1870. *Qualified December 6, 1869, in place of William Pitt † Qualified March 31, 1870. Fessenden, deceased.
* Qualified January 26, 1870, in place of James W & Mr. Lewis qualified January 27, 1870; Mr. Johnston, Grimes, resigned. January 28.
& Died July 14, 1870.
Ginery Twichell, Samuel Hooper, Benjamin F. Henry W. Barry, George C. McKee, Legrand
B. Darrall, Joseph P. Newsham (vacancy.) Rhode Island-Thomas A. Jenckes, Nathan F. Ohio—Peter W. Strader, Job E. Stevenson, RoDixon.
bert C. Schenck, William Lawrence, William Connecticut-Julius L. Strong, Stephen W. Kel- Mungen, John A. Smith, James J. Winans,
logg, Henry H. Starkweather, William H. John Beatty, Edward F. Dickinson, Erasmus Barnum.t
D. Peck, † John T. Wilson, Philadelph Van New York-Henry A. Reeves, John G. Schu- Trump, George W. Morgan, Martin Welker,
maker, Henry W. Slocum, John Fox, John Eliakim H. Moore, John A. Bingham, Jacob
William S. Holman, George W. Julian, John New Jersey-William Moore, Charles Haight, Coburn, Daniel W. Voorhees, Godlove S. Orth,
John T. Bird, John Hill, Orestes Cleveland. James N. Tyner, John P. C. Shanks, William Pennsylvanias-Samuel J. Randall, Charles O’- Williams, Jasper Packard.
Neill, Leonard Myers, William D. Kelley, Illinois-Norman B. Judd, John F. Farnsworth, Caleb N. Taylor, John D. Stiles, Washington Horatio C. Burchard, & John B. Hawley, Townsend, J. Lawrence Getz, Oliver J. Dickey, Ebon C. Ingersoll, Burton C. Cook, Jesse H. Henry L. Cake, Daniel M. Van Auken, George Moore, Shelby M. Cullom, Thompson W. McW. Woodward, Ulysses Mercur, John B. Packer, Neely, Albert G. Burr, Samuel S. Marshall, Richard J. Haldeman, John Cessna, Daniel J. John B. Hay, John M. Crebs, John A. Logan. Morrell, William H. Armstrong, Glenni W. Sco- Missouri-Erastus Wells, Gustavus A. Finkeln. field, Calvin W. Gilfillan, John Covode, James burg, James R. McCormick, Sempronius H.
S. Negley, Darwin Phelps, Joseph B. Donley. Boyd, Samuel S. Burdett, Robert T. Van Horn, Delaware—Benjamin T. Biggs.
Joel F. Asper, John F. Benjamin, David B. Maryland—Samuel Hambleton, Stevenson Arch
Dyer. er, Thomas Swann, Patrick Hamill, Frederick Arkansas— Logan H. Roots, Anthony A. C. RogStone.
ers, Thomas Boles. Virginia||—Richard S. Ayer, James H. Platt, jr., Michigan-Fernando C. Beaman, William L.
Charles H. Porter, George W. Booker, Robert Stoughton, Austin Blair, Thomas W. Ferry, Ridgway, William Milnes, jr., Lewis McKen- Omar D. Conger, Randolph Strickland. zie, James K. Gibson.
Florida Charles M. Hamilton. North Carolina 1-Clinton L. Cobb, (vacancy,) Texas || -G. W. Whitmore, John C. Conner, W.
Oliver H. Dockery, (vacancy,) Israel G. Lash, T. Clark, Edward Degener.
Francis E. Shober, Alexander H. Jones. lowa-George W. McCrary, William Smyth, South Carolina**—(Vacancy,) C. C. Bowen, Solo- William B. Allison, William Loughridge, mon L. Hoge, Alexander S. Wallace.
Frank W. Palmer, Charles Pomeroy. Georgia-Not represented.
Wisconsin-Halbert E. Paine, David Atwood, I Alabamatt-Alfred E. Buck, Charles W. Buck- Amasa Cobb, Charles A. Eldridge, Philetus
ley, Robert S. Heflin, Charles Hays, Peter M. Sawyer, Cadwalader C. Washburn. Dox, William C. Sherrod.
California-Samuel B. Axtell, Aaron A. Sargent, Mississippift-George E. Harris, J. L. Morphis, James A. Johnson.
Minnesota-Morton S. Wilkinson, Eugene M. * Qualified December 6, 1869, in place of George S. Wilson. Boutwell, resigned.
Oregon-Joseph S. Smith. -Qualified December 6, 1869.
Qualified February 17, 1870, in place of George W. Kansas—Sidney Clarke. Greene, linseated February 16-yeas 120, nays 59. West Virginia-Isaac H. Duval, James C. Mc
& Mr. Covode qualified February 9, 1870. Mr. Taylor, Grew, John S. Witcher. April 13, 1870, in place of John R. Reading, unseated
Nevada—Thomas Fitch. yeas 112, nays 46.
| Messrs. Platt, Ridgway, Milnes, and Porter qualified Nebraska—John Taffe. January 27, 1870; Mr Gibson, January 28; Messrs. Ayer and McKenzie, January 31; Mr. Booker, February 1. * Mr. Newsham admitted May 21, 1870-yeas 79, pays
John T. Deweese resigned February 28, 1870. Mr. 71; qualified May 23. Mr. Darrall admitted July 6, Shober qualified April 13, 1870. David Heaton died 1870-yeas 96, nays 77; qualified same day. June 25, 1870.
+ Qualified' April 23, 1870, in place of Truman H. ** B. F. Whittemore resigned February 24, 1870; re- Hoag, deceased. elected, and, June 21, refused admittance by a vote of $ Mr. Golladay resigned February 28, 1870. 1:30 to 24. Mr Wallace qualified May 27, 1870.
Lewis qualified as his successor May 10, 1870. fi Messrs. Buck and Burkley qualified December 6, & Qualified December 6, 1869, in place of E. B. 1869. Messrs. Dox, Hays, Sherrod, and Heflin, Decem- Wasnburne, resigned. ber 7.
Qualified March 31, 1870. * Messrs. Harris, Morphis, McKee, and Perce, quali- Qualified February 23, 1870, in place of Benjamin fied February 23, 1870. Mr. Barry, April 8.
F. Hopkins, deceased,
SUPREME COURT OF THE UNITED STATES.
middle district of Alabama.
On the Validity of Contracts in Confederate tion. It was the actual government of all the Money.
insurgent States, except those portions of them
protected from its control by the presence of the DECEMBER TERM, 1868.
arined forces of the national Government.
What was the precise character of this governThorington Appeal from the district court for the ment in contemplation of law? Smith.
It is difficult to define it with exactness. Any The Chief Justice delivered the opinion of the definition that may be given may not improba
bly be found to require limitation and qualificacourt. The questions before us upon this appeal are
tion. But the general principles of law relating these:
to de facto government will, we think, conduct (1.) Can a contract for the payment of Con- us to a conclusion sufficiently accurate. federate notes, made during the late rebellion,
There are several degrees of what is called de between parties residing within the so-called facto government. Confederate States, be enforced at all in the
Such a government, in its highest degree, ascourts of the United States ?
sumes a character very closely resembling that (2.) Can evidence be received to prove that a
of a lawful government. This is when the usurppromise expressed to be for the payment of dol-ing government expels the regular authorities fars was, in fact, made for the payment of any establishes itself in their place, and so becomes
from their customary seats and functions, and other than lawful dollars of the United States ?
(3.) Does the evidence in the record establish the actual government of a country. The disthe fact that the note for the thousand dollars tinguishing characteristic of such a government was to be paid, by agreement of the parties, in is, that adherents to it in war against the govConfederate notes?
ernment de jure do not incur the penalties of The first question is by no means free from treason, and, under certain limitations, obligadifficulty. It cannot be questioned that the Con- tions assumed by it in behalf of the country, or federate notes were issued in furtherance of an
otherwise, will, in general, be respected by the unlawful attempt to overthrow the Government government de jure when restored. of the United States by, insurrectionary force. de facto are found in English history. The stat
Examples of this description of government Nor is it a doubtful principle of law that no contracts made in aid of such an attempt can be ute 11 Henry VII, c. 1*, relieves from. penalties enforced through the courts of the country whose for the time being, wage war against those who
for treason all persons who, in defense of the king, government is thus assailed. But was the contract of the parties to this suit a contract of that endeavor to subvert his authority by force of character? Can it be fairly described as a con- arms, though warranted in so doing by the lawtract in aid of the rebellion?
ful monarch.† But this is where the usurper In examining this question, the state of that obtains actual possession of the royal authority be considered. It is familiar history, that early ties. Being in possession, allegiance is due to part of the country in which it was made must of the kingdom, not
when he has succeeded only
in establishing his power over particular localiin 1861 the authorities of seven States, supported; him as king de facto. as was alleged, by popular majorities, combined for the overthrow of the national Union, and for
Another example may be found, in the govthe establishment within its boundaries of a sepa- first by Parliament, and afterwards by Cromwell
ernment of England under the Commonwealth, rate and independent confederation. A govern- as protector. It was not, in the contemplation mental organization, representing these States, was established at Montgomery, in Alabama,
of law, a government de jure, but it was a gov. first under a provisional constitution and after- ernment de facto in the most absolute sense. It wards under a constitution intended to be
incurred obligations and made conquests which manent. In the course of a few months four remained the obligations and conquests of. Engother States acceded to this confederation, and
land after the restoration: The better opinion the seat of the central authority was transferred doubtless is, that acts done in obedience to this to Richmond, in Virginia. It was by the cen- sonable, though in hostility to the king.de jure.
government could not be justly regarded as treatral authority thus organized, and under its direction, that civil war was carried on upon a
Such acts were protected from criminal prosecuvast scale against the Government of the United tion by the spirit, if not by the letter of the States for more than four
statute of Henry VII. It was held otherwise recognized as supreme in nearly the whole of the by the judges by whom Sir Henry Väne was territory of the States confederated in insurrec- *2 British Stats., at Large, 82.. 4 Commentaries, 77.
tried for treason, * in the year following the res- | States. These were cases of temporary possession toration. But such a judgment, in such a time, of territory by lawful and regular governments has little authority.
at war with the country of which the territory It is very certain that the Confederate govern- so possessed was part. ment was never acknowledged by the United The central government established for the States as a de facto government in this sense, insurgent States differed from the temporary nor was it acknowledged as such by other pow- governments at Castine and Tampico, in the cirers. No treaty was made by it with any civil- cumstance that its authority did not originate ized State. No obligations of a national character in lawful acts of regular war, but it was not on were created by it, binding after its dissolution that account less actual or less supreme. And on the States which it represented, or on the we think that it must be classed among the govnational Government. From a very early period ernments of which these are examples. It is to of the civil war to its close it was regarded as be observed, that the rights and obligations of a simply the military representative of the insur- belligerent were conceded to it in its military rection against the authority of the United States. character very soon after the war began, from
But there is another description of government motives of humanity and expediency, by the called also by publicists a government de facto, United States. The whole territory controlled but which might perhaps be more aptly denomi- by it was thereafter held to be enemies' territory, nated a government of paramount force. Its and the inhabitants of that territory were held, distinguishing characteristics are (1) that its ex- in most respects, for enemies. To the extent, istence is maintained by active military power then, of actual supremacy, however unlawfully within the territories and against the rightful gained, in all matters of government within its authority of an established and lawful govern- military lines, the power of the insurgent govment; and (2) that while it exists it must ne- ernment cannot be questioned. That supremacy cessarily be obeyed in civil matters by private did not justify acts of hostility to the United citizens, who, by acts of obedience, rendered in States. How far it should excuse them must be submission to such force, do not become respon- left to the lawful government upon the reëstabsible as wrong-doers for those acts, though not lishment of its authority. But it made obedience warranted by the laws of the rightful govern- to its authority, in civil and local matters, pot ment. Actual governments of this sort are es- only a necessity, but a duty. Without such obetablished over districts differing greatly in extent dience, civil order was impossible. and conditions. They are usually administered It was by this government exercising its power directly by military authority, but they may be throughout an immense territory that the Con. administered also by civil authority, supported federate notes were issued early in the war, and more or less directly by military force.
these notes in a short time became almost exOne example of this sort of government is clusively the currency of the insurgent States. found in the case of Castine, in Maine, reduced As contracts in themselves, except in the continto British possession during the war of 1812. gency of successful revolution, these notes were From the 1st of September, 1814, to the ratifica- nullities; for, except in that event, there could tion of the treaty of peace in 1815, according to be no payer. They bore, indeed, this character the judgment of this court in United States vs. upon their face, for they were made payable Rice, † "the British government exercised all only “after the ratification of a treaty of peace civil and military authority over the place.” | between the Confederate States and the United "The authority of the United States over the States of America." While the war lasted, howterritory was suspended, and the laws of the ever, they had a certain contingent value, and United States could no longer be rightfully en- were used as money in nearly all the business forced there, or be obligatory upon the inhabitants transactions of many millions of people. They who remained and submitted to the conqueror. must be regarded, therefore, as a currency imBy the surrender the inhabitants passed under a posed on the community by irresistible force. temporary allegiance to the British government, It seems to follow as a necessary consequence and were bound by such laws, and such only, as from this actual supremacy of the insurgent it chose to recognize and impose.” It is not to government, as a belligerent, within the territory be inferred from this that the obligations of the where it circulated, and from the necessity of people of Castine, as citizens of the United States, civil obedience on the part of all who remained were abrogated. They were suspended merely in it, that this currency must be considered in by the presence, and only during the presence, courts of law in the same light as if it had been of the paramount force. À like example is found issued by a foreign government temporarily in the ease of Tampico, occupied during the war occupying a part of the territory of the United with Mexico' by the troops of the United States. States. Contracts stipulating for payments in It was determined by this court, in Fleming vs. this currency cannot be regarded for that reason Page, I that, although Tampico did not become a only as made in aid of the foreign invasion in part of the United States in consequence of that the one case, or of the domestic insurrection in occupation, still, having come, together with the the other. They have no necessary, relations to whole State of Tamaulipas, of which it was part, the hostile government, whether invading or into the exclusive possession of the national insurgent. They are transactions in the ordinary forces, it must be regarded and respected by course of civil society, and, though they may other nations : as: the territory of the United indirectly and remotely promote the ends of the
unlawful government, are without blame, except *6 State Trials, 119. 74 Wheaton, 253.
when proved to have been entered into with $9 Howard, 614.
actual intent to further invasion or insurrection.