The south-western. [volume] (Shreveport, La.) 1852-1870, 1858-12-15

INTERESTING DECISION. Judge Eggleston Of
the fifth district court, New Orleans, last week
decided case Of general interest. The plain
tiff was Edward S. Sewell, and the defendant
| Mrs Annie G. Howard, wife Of Thos. III. How
ard. The plaintiff sued for S432o, principal
and interest of certain promissory notes drawn
to defendants own order, held by plaintiff, and
to secure the payment of which she had given
him mortgages on certain property, with the
authorization of her husband.
The defendant pleaded, in answer, a general
denial; and, further, that the consideration fol-
| the notes did not enure to her benefit, that
she had signed them at the instance OF her
| husband; that the OBJ ect and character OF them
were never explained to her; that she had
never received from the plaintiff any benefit or
advantage, and that the security by mortgage
was not binding on her.
The Judge held that he mis- ht assume, for
the purpose of argument, that the plaintiff S
allegations were established, but was con-
strained to disregard the strong press OF equl-
ties and surrender up to the command OF posi-
tive law. The question for adjudication was,
were the ancient laws concerning the power OF
wife to bind herself contrary to, or lnconsls-
tent with, the provisions of the statute OF the
State of Louisiana, approved March 5th, 1855.
The court held that recent legislation abolished
the law of the code, and rendered null and not
obligatory the decision of the supreme court.
The ancient law allowed the wife freedom to
enter into contracts with authority OF her hus-
band, if the consideration of the contract en-
ured to her own separate and exclusive use, and
in case the marital authority was withheld, the
judge might impart to her the contractual
power.
The decision was given against the plaintiff
cent law which "operated great innovations on
marital power and capacity of wife to enter
into obligations and in accordance with which
it was not shown the contracts had been made:
call married women in this State, over the
age of twenty-one years, may, by and with the
authorization of their husbands, borrow money
or contract debts for their separate benefit and
advantage, and to secure the same, grant mort
cages or other securities effecung their separate
estate, parapbernal or dotal.
s'In carrying out the power to borrow money
or contract debts, the wife, in order to bind
herself Or her separate property, must be exam
ined at chambers by the judge of the parish or
district in which she resides, and if he shall
ascertain either the one or the other are for her
husbands debts, or for his separate benefit, or
for the benefit of his separate estate, or OF the
community, the Judge shall not give his sane
ton authorizing the wife to perform the acts or
incur the liabilities set forth above.'
The fanatical abolition legislators of Yer
mont are endeavoring to throw obstacles in the
way of the enforcement of the fugitive slave
law in that State Two bills relating to the
subject are now before the Legislature. The
first, which has passed the senate, prescribes
the method in which the claimant shall prose-
cute all proceedings for the recovery of the al
legged fugitive The latter shall not be arrest
ed until the claimant has filed with supreme
court Judge an affidavit setting forth the facts
on which he relies, and also a bond to the per-
son whose services are claimed, in the sum of
$4,000, that he will prosecute his claim to ef
feet, or pay all costs and damages. The case
shall be tried on the facts of the affidavit and
if any person shall make an arrest in a claim
of this nature in any other way, "be shall be
punished by imprisonment in the State prison
not more than five years, nor less than two
years, and be fined not exceeding $1,000"
The other bill, which has been introduced by
senator Evarts, of Rutland county, is as fol-
lows: Section l. Any person who shall bring
within this State any other person, held as a
slave by law or usage, in any other of the States
with intent to hold such other person in servi
tude within this State, restrain such other per-
son of his Or her liberty, Or shall assert or main
tain, or attempt to maintain, any claim or pro-
perry in such other person, such person so
offending shall be considered and deemed
thereof, be punished by Imprisonment in the
State prison, for term not more than ten years
nor less than five years, and by fine not ex-
ceeding $4,000. Sec. 2. Any person within
this State who shall restrain or attempt to re-
strain, the liberty of any other person, upon
pretence or claim of owning any property in
such other person, such person, so restraining
or attempting to restrain, the liberty of such
other person, shall be deemed to be guilty of
felony, and on conviction thereof, be punished
by imprisonment in the State prison not more
than ten years nor less than five years, and by
fine not exceeding $4,000.
We extract the following from leading ar
ticle in late N. York Herald, entitled '1Our
Demorased Democracy Mystery and its
Solution" The role of Douglas of 1858, tho
more complicated, is substantially the same as
that of Van Buren, in 1848-the destruction of
the democratic party. 1t is singular fact, too,
that the democratic leaders of the Van Buren,
faction in this State of '48 are now among the |
most active of the secret managers of this
Douglas conspiracy. There can be no doubt
that when Mr.. Douglas resolved upon his Kan
sas rebellion he resolved to push it to the ex-
tremity of coalition with the great anti slave
ry movement of the north for the next presi-
dency. 1t was his only alternative. The Ere |
mont vote of 1856 left but small margin in
the north to the dismantled democracy, which
a small democratic detection would wipe away.
Mr.. Douglas has produced that detection; he
inherits the glory; and who shall say that an
with the republicans is beyond
his reach, comprehending Mr.. Seward as the
Joint stock candidate for 1860, and Mr.. Doug
las for 1864. .t
II will be remembered that the legislature of
Kansas territory, in 1856, designated Lecomp-
ton as the seat of government, pursuant to a