Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1866-09-19
From the Columbia Phoenix,

From the Columbia Phoenix,
MEssRs. EDrroRs As the Legislature is
now convened in extra session, the mind in
voluntarily turns to the financial cmbarrass.
ments of the State, and must claim the priv.
ilege of an occasional correspondent, in sug-
gesting some measures of relief, which have
occurred to me as plainly practicable and ex
pedient.
The ordinary rules and arguments employ
ed by political economists, by moral philoso.
pliers and lawyers, in the discussion of the
Indebtedness Of people, are not all applica.
Bile to our case. It appears to me that many
of the debts or contracts of the South may
be declared null and void by the Legislatures,
and nearly the whole of them scaled or re-
duced, without positive violation of the
Constitution, and without any inputation
against us of spirit of reputation. The
instincts, for instance, or the conscience, it
he has any, of the veriest monster If avarice
must tell him, chat justice and equity forbid
his collection Of the full amount of any notes
or contracts he may hold for the recent sale
of negroes. Aad this accords with the senti-
ment of the whole people. Where all agree,
therefore, that remedy is needed, is it pos
sible that the Legislature cannot afford one
When particular view is thus adopted by
the universal sense of mankind, it is not
apt to be founded upon error, or to be con-
trary to law.
We will examine the question with the
eye of reason and philosophy, by the practi-
cal tests which are at the command of every
lover of truth. The only obstacle in our
way, is that paragraph in the tenth section
of the first article of the Constitution of the
United States, inserted likewise in the Con-
stitution of this State, which declares that no
State shall passany claw impairing the OBJ
legation of contracts" Let US fix the mean
ing of these words; for contracts and the OBJ.
legation of contracts are different things. In
Sturges Us. Crowninshield, 4th Wheaton,
and in Ogden Us. Saunders, 18th Wheaton, it
is decided that the "obligation of a contract
is the lar which binds party to perform his
undertaking." And in the former case, Chief
Justice Marshall, the greatest of all the ju-
rists, "who walked with the men of the Rev-
olution," decides, in effect, that not only the
present property of the debtor, but {" all his
future Acquisitions enter into and constitute
part of the obligation of his contracts :"
and this opinion is substantially confirmed
by nrnberless subsequent decisions. Adopt
;:;s this view, then, we proceed to remark,
that negroes, being recognized as property by
the Constitution and the laws OF the United
States, constituted about threc-fourths of the
wealth of the people Of the South, and the
basis OF three.fourths Of their contracts and
when they were emancipated by the General
Government, and by amendment of the Con
stitution, convention of the people OF the
State cooper sting therein, the obligation OF
three-fourths Of our contracts became "ipSo
tacton-impa red-and human ingenuity can
not avoid that conclusion. The inference is
legitimate, therefore, that as the obligation OF
our contracts has been impaired by operation
of the Constitution of the United States, 1t
could not possibly be unconstitutional for the
Legislature so to declare, and to declare, also,
to what extent it has been impaired. Its &C
ton would only be q conformity to truth,
and decent compliance with the behests of
superior power.
This argument applies, with peculias force,
to contracts for the purchase OF negroes.
The slaves for whom you gave your bond or note
for $4,000, payable in twelve months, have
been set free BY an amendment OF the Con-
stitution in one month after your purchase,
and before they have been able to compensate
YOU for the first outfit with which ycu equip
ned them ard can that Constitution now re-
Guire you to pay the full amount of your bond
or note The proposition is absurd, and the
idea suggested by it repugnant to all our con.
c.nt;ons of honesty and fair-dealing. The
obligations of the governor or government and
the governed arc reciprocal. Tor your sub
mission to the laws, the former owes you pro,
lection, and when that fails you, the law OF
your obedience ceases to bind. But it were
monstrous. for the Government to require you
to pay your negro debts, and, ut the same
time, to take from you, not only the meana
of paying With, but the very articles OF prop
erty for which the debt was contracted
Hence, We reasonably conclude that the
I,epislaturo has the power, in conformity with
the amendment of the Constitution, and the
ordinance of the Convention of South Caroll-
"a sapctioning that amendment, to diminish
the debts Of the people especially their ne
gro debts-in proportion to their losses by
The forciblc emancipation Of their slaves. II
lney had freely given their consent to this
nroceeding, and voluntarily surrendered their
nroperty, then the question for our consideta.
ton might have been of more difficult solu'
tion. But the negroes were set free by Pres,
idential proclarr. lions, by resolutions Of Con-
eress. by physical force and military power
and bv an amendment of the Constitution ex
torted from tie South by the bayonets Of
victorious army.
But we contend that, in strictly Legal
poipt of view, these contracts for negroes
must be annulled and curtailed, for reasons
quite as potential as any that have yet beer
offered. Whilst our citizens dealt in slaves
the same warranty applied to them that ap
pertained to the transfer of other personally
a sound price not only demanded sound prop
erty. but there was On implied warranty from
the vender to the buyer that his titles wert
good, and that the negro would remain hi
ccbattel for life. As soon, therefore, as tn
negro became manumitted, there was fail
ure of the, consideration of the note given TO
his purchase money, and the buyer had tn
right 10 plead it in discount Or by way CT set
of. These principles and this doctrine ar
laid down in all our elementary works, an
are are affirmed in all our leading reports. Th
courts, too, of this State, will vindicate thei
correctness whenever the question Is mad
before them, and jury will never fail t
rive relief whenever proper case is subm
ited to them. Litigation, however, will incr
costs, aud what is lawful for the court an
iury TO do, cannot be unlawful fer IL
I,eeislature to do, in more eftectual name
The expense of litigating oil claims for NJ
oroes sold would nearly exhaust the collie
lions to BE- made, and the verdict ofla Jul
is the 1ap only of the particular ease decide
{ By it. The debts should be classified, al
8 certain inexorable rules prescribed, wherel
i. ali these parties could settle and adjuss the