The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1867-03-06


dation of our jurisprudence. 1t has been held by
ut least one eminent judge in ncighboring State,
"That when the right of property in that which
chad heretofore been treated such by the laws is
.destroycd, the laws to regulate the rights of
'spartes to that property, and to enforce payment
tof obligations given for it, must follow the fate of
,stlle property itself, and all contracts based
'these laws be annulled." If the position thus
assumed be plausible, when applied to persons sui
urs acting for themselves, it is certainly infinitely
stronger when urged in favor of one acting in
6duciary relation, and the decision of this case
might, in the judgment of the Court, if it were ne
cessary, be we'll rested here. But the question to
be decided by this Court does not depend on the
great principles referred to. The purchase of
slaves made by the petitioner in this case was in
November, 1862, and the extent of her liability,
aside from the general doctrine as to the liability
of parties to account for what they received, de-
pends on the Ordinance Of the Convention
of the State for the regulation of contracts en-
tered into between the first of january, 1862, and
the 18th of May, 1865. That Ordinance, in its
fourth section, provides, 'That it shall be Lawful
"for either party to any action" (upon contract
made within the dates mentioned) "to introduce
''tcstimony showing the true value and real char
sacer of the consideration Of such contract ut the
"tme it was made, so that regard being had to the
partcular circumstances of each case, such verdict
.or decree may be rendered as will effect substan-
"tial Justice bet1een the parties"
Without attempting to assign other reasons than
those plainly indicated by the Ordinance, for the
opinion entertained on this subject, it is enough
for the Court to announce as its judgment, that
the liability of the purchaser of slaves upon m e1
ecutory contract, entered into at any time after the
first of January, 1862, is measured by the value of
the hire of the slaves from the date of the purchase
up to their emancipation. The proof in this case
is conclusive that the hire of the negroes purchased
by petitioner was worth nothing, and it is there
fore adjudged that the amount agreed to be paid
for them should be stricken out of the note given
to secure the payment Of the purchase money. AS
to the Confederate currency received by petitioner
from the Ordinary, the Court is of opinion that the
same should apply 1t is in proof that the said
one twenty sixth part of its nominal value in gold
eild its value in coin is, according to recent de-
cision of Chancellor Lesesne, all she should be
held to account for. That would be O most trivial
sum, only about SIG, and for two-thirds of that
sum petitioner is P7tma fdcia liable TO her wards.
But inasmuch as she has supported them, at her
own COST fox moro than four years, it is held that
she has nothing to account for by reason of her re-
ceipt of Confederate currency. If correct in these
positions, it follows necessarily thas the receipts
given by petitioner, us Guardian, are without con-
sderaton and void
1t is, therefore, ordered and decreed that the
credit of Three Thousand Dollars the note given
by the petitioner to Joshua 8. Acker, Administra-
ror of Vim. II. Acker, deceased, be stricken uut,
and that the said note be credited, Of the day of
zts date, with Three Thousand, Two Hundred aud
Fifty-Ninc Dollars, the amount of the purchase
money of the negroes, to Wit, tweutynine hundred
and ten dollars, and three hundred and ffty-nine
ollers tho sum of the discount to which she is en-
ritled on account of other property purchased by
her at exorbitant prices, as established By the
proof. This will reduce her idte to eight hundred
and twenty-five dollars, forty-thres cents on the
lay Of its date, and it is decreed that that sum IS
The true amount for which she and her surely are
liable on the said note. And it is also ordered
that the letters of guardianship granted to the pc
ttioner, of her minor children mentioned in the
proceedings, be revoked, and her guardianship
bond, together with the receipts given by her on
account of her wards be delivered up to BE tnn-
celed. And it is further dccrecd that the tract of
land, mentioned and described in the petition is
of the real estate Of WE. H. Acker, deceased and
subject to partition amongst his heirs at law,
named in the proceedings, and it is ordered that
the said tract of land be sold by the Sheriff of An
derson District Mt public sne to the highest bid
der, on the first Monday in May next, or on some
convenient saleday thereafter, on credit of six
and twelve months, in two equal instalments, with
interest from day of sale, except the costs, which
must be paid in cash the purchaser to give bonds,
with two or moro approved surctics, and mort
gage of the premises if deemed necessary, to secure
the payment of the purchase money
ROBERT JUNkIN, CAD.
Words of Truth and SobernesS.
The National InielHgeneer says: To the people
North the only security of liberty in any society is
the sovereignty of the people, and the only secu-