Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1867-09-11
An Important Decision in Regard to
Negro Debts.

An Important Decision in Regard to
/ Negro Debts.
/ During the late Session ofthe United States
District Court, at Greenville, S. G., Judge
is. BRYAN presiding, the following impor-
tant decision was made in reference to Debts
contracted for Negroes:
Thomas R. Agnew, assignee, cs. Simpson
Bobo. This was en- action on q note given
for the purchase. money of negro slave sold
by Mrs. Wofford to the defendant in 1858, and
warranted by her at that time to be sound,
and slave for life. Note for $1,000, inter-
est annually, due in 1860, was assigned to
plaintiff.
: The defence relied upon was o failure of
consideration in that the negro, warranted to
be slave for life, is still alive, but had been
made free. And also upon payment-tho
debt being sequestered by the Government of
the Confederate States as The property OF an
alien enemy, was paid under compulsion OF
that government, while ct war with the Uni
ted States. Hon. B. F. Perry appeared Tor
the plaintiff. The defence was conducted by
Messrs. ]. P. Reed and Bobo. The case was
referred to a jury, and ably and fully argued
by the counsel on both sides.
In his charge, the Judge said, substantial
": The amount is small; the principle, of
Overwhelming importance. [ should gladly
have escaped from the consideration of this
case. The settlement of the question, how
ever 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 is, who shall
bear the loss? Poverty and hardship must
come. In my opinion the hardship must ne
borne by those who had the misfortune to be
| owners. It does not come within the pro-
I, vince of this court TO adjust and equalize the
burdens of the war. That office, tantds cont
ponere belongs to other than Judicial trl-
bunal.
Abolition grew out of tho war--the posi-
ton of the Southern States in the war they
waged against the government. Negroes were
EMPLOYED in many of the essential elements
Of the war they created subsistence for the
armies, erected Notifications, and, in fact,
constituted the industrial basis of the great
conflict. The abolition Of slavery thus be.
came military necessity-cmancpat an
inevitable moral result of the war. These
States could not be recognized until they
should recognize what. the war had effected.
1t was competent for the United States
to deal with slavesSjust as with other person
al property. The owner must suffer. VINO
suffered when mules or horses were taken?
or cotton burnt or lifted, or Ships captured
at sea !? Who, but the owner OF such proper
ty? But the laws of property, regulating
the relationships debtor and creditor, in the
matter Of the mules, ships or cotton, were not
abrogated. Debts or balances due on the
purchase of such mules, ships or cotton, were
not cancelled. The. debtors were not re-
leased. Their obligations remain in force st
this day. The seller never made guarantee
against the action of war. Take the case OF
4 4 land, and Aosra a. fee sunpIe, Hst$sels and
Il conveys fhctitle he got. placing the pprcha'
ser in possession Of all the incidents Of own
ership with which he himself had been invest
ed. Ifthe State, in the exercise Of its right
of eminent domain, should take the fee for
public uses, the seller makes no guarantee
against tho State; he is not liable for acts of
the State or against coofiscaton of the Cui-
ted States. In this case, the ground Of de-
fence, failure of consideration, does not there.
fore appear to be made out; the warranty
was in every view good at the time it was
given; its subsequent failure was due to causes
for which the seller of the negro was in no
wise responsible
The other ground of defence, payment By
compulsion under the Scques:ration Law ot
tie Confederate Government, is equally M
tenable. That government never had legal
:. existence, and payment Of the deb. under IS
! rnnuIat;nns was therefore void
Under these instructions the jury retired,
and soon returned with the following verdict:
awe find for the Plaintiff sixteen hundred
and iilty.one dollars and five CENTS" the full
amount, with interest.
RopE TIES PREFERABLE To IRoN.-The
New York Ereainy Post, of Thursday last,
contains the following, which will be Of inter-
est to our readers:
Many Of the papers in the Cotton STATES
advise the planters and Cotton yards 20 nse.
an iron tie, ipstead Of the old fashioned rope
cne. They claim that iron bands have many
advantages, such as increased strength, power
| of endurance, and allowance for much great
, -er compression, speed aud facility Of adjust
ment and neatness Of appearance; and tho
: result is that these iron hoops have been used
to considerable extent in some sections for
binding the crop. But the acknowledged ad-
vantages Of the iron tie are, it would appear,
! counterbalanccd by certain disadvantages
auG the rope bound Cotton is much preferred
in the Northern markets. So decided. in fact,
is the preference foc the old plan, tnat' the
Cotton houses here advise all their planter
friends to discard iron ties in future, both for
their own interests and those of the trade.
The objection, they s'y, against iron bands
is that in case the bale gets wet tine iron
leaves mark of rust on the Cotton, and the
purchaser can demand the so stained Cotton
10 be picked of, thus requiring new ropes or
bands to maks the Cotton in deliverable or
der also, that while the old iron bands are
!; almoss worthless to the manufacturer, the
rope is Of some value.
Therefore, while no tare is allowed on rope
bound Cotton, it is now the custom to make
J deduction Of two pounds per bale Tor IRON
bound staple. Planters will do well to re-
member this.
BRUTAL MURpER.-Our community was
much agitated last night, by dispatch re-
ceyed by the operator, about S o'clock, 10
the effect that Mr.. Jac5b G. Cezatt, the Ell
cient ard popular conductor of the ): w. h.
R., had been killed by q negro, and the trair
was in consequence delayed. A. large num-
Der of the friends and scquaintances OF Nj.
Cozatt met the train on its arrival at y
! o'clock.
The particulars of the affair, as We learn.
are as follows:
Mr.. Cozatt's attention had been directed to
an advertisement of stolen watch in the
Columbus papers, and learning that watch