Reports of Cases Heard and Determined by the Supreme Court of South Carolina Volume 6 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1877 Excerpt: ...was not void, but stood on a valid consideration. Said Mr. Justice Field: "The first question presented is embraced within the second, for if the consideration of the uote was illegal under the Constitution of the United States aud the laws of Congress, there cau be no inquiry whether it was void, for reasons of public policy. "There can be no public policy in this country which contravenes the law of the land. And that the consideration was illegal and void under the Constitution aud laws of the United States, does not admit of a doubt. If the Constitution be, as it declares on its face it is, the supreme law of the land, a contract or undertaking of any kind to destroy or impair its supremacy, or to aid or encourage any attempt to that end, must necessarily be unlawful, and can never be treated, in a Court sitting under that Constitution and exercising authority by virtue of its provisions, as a meritorious consideration for the promise of any one. Q'le issuing of the bonds in question was an act of open hostility to the United States; it was an act by which the Convention declares its adherence to their enemies and gave aid and comfort to them." 2. That the cotton, as stamping its purpose and character, was stored at Laurens Court House with the Confederate cotton. 3. That the contract with the defendant, if contract it may be called, was to cover up for the company, so as to protect it from Chicora Company vs. Crews. seizure by the United States authorities, to which it had been confiscated by the Acts of Congress. The ease of Cappell vs. Hall, (7 Wallace, 542, ) is decisive on this point. The text is: "A contract made by a Consul of a nentral power with a citizen of a belligerent State, that he will protect, with his nentral name, fr...