The Lancaster ledger. [volume] (Lancaster, S.C.) 1852-1905, 1867-09-12
Negro Debts,

Among the proceedings Of the United
States ID strict Court, now in Session at
GreenviI!e, the following important case
is reported. 1t is one Of great interest to
the country at this time:
"ThomasR. Agnew, assignee, vs.. Simp
son Bobo. This was an acton on a no,e
given for the purchase money of \ negro
slave sold hv Mrs Wotf"rd to the d-fen.
dant in 1858, and warranted bv her Al
that time To he sound, and slave for life.
Note for $1,000, interest annually, due in
1869, WAS assigned to plaintiff.
The defence relied upon was a failure
Of consideration in that the negro, war
ranted to he n slave for life, ia still alive,
but had teen made free And also upon
payment-the debt teing seqnes,ered bv
the Government ef the Confederate S. a,es
a. the properly Of an alien enemy, was
paid under corupnlsion OF that govern
ment. while NJ war With the United States
The case was referred to jury, and ably
and fully argued by the counsel on both
sides.
In his charge the Judge said, suhstan,
italy: The amount ia small; the prin
ciple. OF ovetwhelming importance. I
should gladly have escaped from the con
sideration OF this case. fhe et'ement Of
the question, however it be settled. will
carry poverty home to some one Great
investments lie in bonds and notes given
for the purchase money Of negroes. In
these, women and children have staked
their all. The question ia. who shall hea,
the loss2 Poverty and hardship mus,
come. In my opinion the hardship must
be borne by those who had the misfortune
20 be owners. II does not come within
the province Of this court to adjust and
eGusliz. the burdens OF the war That
office. tdntds componere, belongs to other
than n jsdrcia! tribunal.
Abolition grew out OF the war-the
position OF the Southern States in the war
thew waged against The governmen, -
Negroes were employed in many of the
essential eemenls Oft war; they Great
ed subsistence for ths arrTias, elected for
tiicatioDs, and, in fact. constituted the in
dus,risl basis Of the great conflict The
abolition Of slavery thus became militia
ry necessrty-emancipAt an inevitable
moral result OF the var These States
could not he recognized until they should
recogn re what the war bad effected.
Il was competent for the United States
to deal with slaves Just as with other per
nj r
Who suffered when mules or horses were
taken? or cotton burnt or lifted, or ships
captured at seal Who. hu, the owner OF
such properiyi But the laws Of props,
~. regulating the relationship Of debtor
and creditor, in tie matter OF the males,
ships or cotton, were not abrogsied -
Debts or balances due on the purchase OF
such mules, ships or cotton, were not can
celIed. The debtors were not released -
Their obligations remain in force at this
day. The seller never made guarantee
against the action Of war. Take the case
OF land. A, owns fee simple Ie sels
and convevs the title he got, placing the
purchaser in possession Of all the Incidents
Of ownership with which he himself had
been invested. II the State. in the exer
else Of its right Of eminent domain, shonld
take the fee for public uses, the seller
makes o'ensrantee against the State;
he is not liable for acs of the State or
against confscatiOn of.the United States
In this case, the ground Of defence, failure
Of consideration, does not therefore appear
to be made out; the warranty was in
evsrv view good at the time il was given
i's subsequent failure was due TO causes
for which the seller Of the negro vas in no
wise responsible
fhe other ground Of defence, pavnen,
by compuIsion under the Seauestra,ion
law Of the Confederate Government, is
equally un;snshIe. That government
never had legal existence. and payment
OF the debt under its regulations was
therefore void.
Under these instructions the inrv re-
tired, and soon returred with The follow
ing verdict: "Ws find for the plaintiff
sixteen hundred and fhv one dol ara and
five cents" the fuII anonnt v;,b ;,,a,as,