The Continental Monthly, Vol. 4, No. 2, August, 1863: Devoted to Literature and National PolicyVarious
History
The Continental Monthly, Vol. 4, No. 2, August, 1863: Devoted to Literature and National Policy
Various
Literature, Modern -- 19th century -- Periodicals; United States -- Politics and government -- 19th century -- Periodicals
violation of the Constitution of the United States, those bonds should
be repudiated; so also if they were sold below par, or if there be any
other technical objection. Nor will it avail that the bonds may have
passed into the hands of _bona fide_ holders, for, Mr. Jefferson Davis
says, in his letter of the 29th August, 1849, 'If the bonds have passed
into the hands of innocent holders, the fact does not vary the legal
question, as the purchaser could not acquire more than the seller had to
dispose of.' And again, he says, referring to the alleged inability of
the first purchaser to buy the bonds, 'The claim of foreign holders is
as good, but no better, than that of the first purchaser.' It is
difficult to say which is most astounding, the law or the morals of this
position. At all events, 'the foreign holders' of Confederate bonds are
informed by Jefferson Davis, that this is the law. Indeed it is a
singular coincidence, that one of the objections made to the payment of
the Union Bank bonds by the Governor, was, as he alleged, 'the monstrous
assumption of power on the part of the bank, in seeking to monopolize
the _cotton crop_ of the State, and becoming a _factor_ and _shipper_ of
our great staple.' (Senate Journals, 29.) Why, this is what is being
attempted by these Confederate cotton bonds, although the State-rights
strict constructionists of slavedom would in vain look for any clause in
their so-called constitution, authorizing any such transactions in
cotton. And here, let me say, that the objection of a Senator from
Mississippi to the payment of her bonds, that, in issuing them, her
Governor and Legislature had violated _their own Constitution_, proposes
to cure one fraud, by committing another far more stupendous. The bonds
were issued by the highest legislative and executive functionaries of
the State, the broad seal of the State attached, the bonds sold, and the
money received. In such a case, there is a legal, as well as a moral
estoppel, forbidding such a plea, for, by the English, as well as by the
American doctrine, an estoppel excludes the truth, whenever such proof
would enable the party, who obtained money on false pretences, to commit
a fraud on third persons, by disproving his own averment. This is not a
mere technical rule, but one which is based upon experience, and
sustained by the most exalted morality.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account