The 14th Amendment,Confederate Debt,Post War State Pension,Related Court Cases and Other Evidence.

jgoodguy

Banished Forever
-:- A Mime -:-
is a terrible thing...
Don’t feed the Mime
Joined
Aug 17, 2011
Location
Birmingham, Alabama
In this thread, we will examine the relationship if any of the 14th amendment and post Civil War States pensions. There are 2 competing speculations, there is a relationship and there is no relationship.

First up is Branch v. Haas. UNITED STATES CIRCUIT COURT, D. Alabama. Branch V. Haas. 1883
Link

A contract made since the late civil war for the sale and delivery of
coupon bonds, issued by the Confederate States of America, is based
on an illegal consideration, and is therefore void.
....
To this plea a demurrer was filed which raised the ques
tion, whether a contract for the purchase of Confederate
coupon bonds and for their delivery on October 29, 1881, is
a valid contract, for the breach of which damages may be
recovered? That the bonds themselves are void there can
be no question, for they were issued in violation of public
policy, and by a pretended government asserting itself in
hostility to the lawful government of the United States,
which has long since ceased to have any actual existence,
and never had any legal or rightful existence, as determined
by the final arbitrament of war. Not only so, but after the
war of the rebellion, and after the so-called government of
the Confederate States of America, under the authority of
which these bonds were issued, had ceased to have any act
ual existence, the constitution of the United States was
amended, and by section 4 of the fourteenth amendment of
the same it is provided :
" Neither the United States nor any state shall assume or
pay any debt or obligation incurred in aid of insurrection or
rebellion against the United States, or anyclaim for the loss
or emancipation of any slave, but all such debts, obligations
and claims shall be held illegal and void."​
The bonds in question, then, are illegal and void by the
constitution of the United States.​

The court rulings seem to limit the 14th amendment to bonds issued by the CSA and the CSA States and not later pension obligations.
 
You must log in or register to view this reply.
 

Attachments

  • NY Times desertion article.pdf
    560.1 KB · Views: 74
Back
Top