Name: Thorington v. Smith — Opinion of the Court
Author: Salmon P. Chase

Quotes from Thorington v. Smith — Opinion of the Court (Salmon P. Chase)

Salmon P. Chase, Thorington v. Smith — Opinion of the Court

“ They must be regarded, therefore, as a currency, imposed on the community by irresistible force.
It seems to follow as a necessary consequence from this actual supremacy of the insurgent government, as a belligerent, within the territory where it circulated, and from the necessity of civil obedience on the part of all who remained in it, that this currency must be considered in courts of law in the same light as if it had been issued by a foreign government, temporarily occupying a part of the territory of the United States. ”

[↩︎]

Source: Wikisource

Salmon P. Chase, Thorington v. Smith — Opinion of the Court

“ We have already seen that the people of the insurgent States, under the Confederate government were, in legal contemplation, substantially in the same condition as inhabitants of districts of a country occupied and controlled by an invading belligerent. ”

[↩︎]

Source: Wikisource

Salmon P. Chase, Thorington v. Smith — Opinion of the Court

“ It is to be observed that the rights and obligations of a belligerent were conceded to it, in its military character, very soon after the war began, from motives of humanity and expediency by the United States. The whole territory controlled by it was thereafter held to be enemies' territory, and the inhabitants of that territory were held, in most respects, for enemies. To the extent, then, of actual supremacy, however unlawfully gained, in all matters of government within its military lines, the power of the insurgent government cannot be questioned. ”

[↩︎]

Source: Wikisource

Salmon P. Chase, Thorington v. Smith — Opinion of the Court

“ It is quite clear that a contract to pay dollars, made between citizens of any State of the Union, while maintaining its constitutional relations with the National government, is a contract to pay lawful money of the United States, and cannot be modified or explained by parol evidence. ”

[↩︎]

Source: Wikisource

Salmon P. Chase, Thorington v. Smith — Opinion of the Court

“ But this is where the usurper obtains actual possession of the royal authority of the kingdom: not when he has succeeded only in establishing his power over particular localities. Being in possession, allegiance is due to him as king de facto. ”

[↩︎]

Source: Wikisource

Salmon P. Chase, Thorington v. Smith — Opinion of the Court

“ The second question, Whether evidence can be received to prove that a promise, made in one of the insurgent States, and expressed to be for the payment of dollars, without qualifying words, was in fact made for the payment of any other than lawful dollars of the United States? is next to be considered. ”

[↩︎]

Source: Wikisource

Salmon P. Chase, Thorington v. Smith — Opinion of the Court

“ The allegations of fraud were founded wholly upon the circumstance, that the land was sold for Confederate notes. The bill set up also a lien in favor of the vendor of the complainant. The vendor, whose lien was set up, was not made a party, nor was there any allegation of notice to the grantor of the complainant of the alleged lien for purchase-money; nor was there any averment that the commplainant was induced to take the Confederate notes by fraudulent misrepresentations of the decedent. ”

Salmon P. Chase

Summary

Quotes from Thorington v. Smith — Opinion of the Court (Salmon P. Chase)

Get perspective with Kwize: daily news enlightened by great literature

Salmon P. Chase

Summary

Quotes from Thorington v. Smith — Opinion of the Court (Salmon P. Chase)

Common terms

Similar works

Get perspective with Kwize: daily news enlightened by great literature