by John Marshall Harlan

“ Applying these principles to the case before us, we are of opinion that the mere investment by Hunter, as guardian, of the Confederate funds or currency of his ward in bonds of the Confederate States should be deemed a transaction in the ordinary course of civil society, and not, necessarily, one conceived and completed with an actual intent thereby to aid in the destruction of the government of the Union. ”

“ They were the fundamental principles for which civil society is organized into government in all countries, and must be respected in their administration under whatever temporary dominant authority they may be exercised. ”

“ The proposition that there is in many cases a public policy which forbids courts of justice to allow any validity to contracts because of their tendency to affect injuriously the highest public interests, and to undermine or destroy the safeguards of the social fabric, is too well settled to admit of dispute. ”

“ The so-called Confederate government was in no sense a lawful government, but was a mere government of force, having its origin and foundation in rebellion againt the United States. The notes and bonds issued in its name and for its support has no legal value as money or property, except by agreement or acceptance of parties capable of contracting with each other, and can never be regarded by a court sitting under the authority of the United States as securities in which trust funds might be lawfully invested. ”

“ It is asking too much of a court of law sitting under the authority of the government then struggling for existence against a treason respectable only for the number and the force by which it was supported, to hold that one of its own citizens, owing and acknowledging to it allegiance, can, by the proof of such a transaction, establish a title to the property so obtained. ”

“ The circuit court held that the executor could not exonerate himself from liability for the balance adjudged to be due the legatees by paying the same in Confederate bonds; that, as a general rule, all transactions, judgments, and decrees which took place in conformity with existing laws in the Confederate States between the citizens thereof during the late war, 'except such as were directly in aid of the Rebellion, ought to stand good' ”

“ It may be said perhaps with sufficient accuracy, that acts necessary to peace and good order among citizens,-such, for example, as acts sanctioning and protecting marriage and the domestic relations, governing the course of descents, regulating the conveyance and transfer of property, real and personal, and providing remedies for injuries to person and estate, and other similar acts,-which would be valid if emanating from a lawful government, must be regarded in general as valid when proceeding from an actual, though unlawful, government ”

“ In 1857, Dr. E. H. W. Hunter was appointed her guardian, and, after duly qualifying as such, took possession of the estate of his ward.
By an act of the legislature of Georgia, passed on the 16th day of December, 1861, guardians, trustees, executors, and administrators were authorized to invest any funds held by them in the bonds issued by the Confederate States, or in lands and negroes, order to that effect being first obtained from a judge of the superior court, who was empowered to consider and pass such applications, either in term time or vacation. Laws Ga. 1861, p. 32. ”

“ That the transactions between persons actually residing within the territory dominated by the government of the Confederate States were not invalid for the reason only that they occurred under the sanction of the laws of that government, or of any local government recognizing its authority. ”

“ Order was to be preserved, police regulations maintained, crime prosecuted, property protected, contracts enforced, marriages celebrated, estates settled, and the transfer and descent of property regulated precisely as in time of peace. ”