The Fairfield herald. [volume] (Winnsboro, S.C.) 1849-1876, 1867-10-23
State Bank Bills.

miclc Of l2th inst.
On yesterday, his Honor, Judge
Moses rendered decision ere tcnus in
the cases Of the State VS. Robertson and
the State'vs. Harris, argued before him
on Tuesday last. The facts arc as fol-
lows
The defendants had respectively boon
fined at the Spring Term OF the Court
Of Sessions, The one in the sum of $500,
and the other $500, on indictments for
assault, and battery.
On executions issued, they rendered
payment to the Sheriff in bills Of the
Bank Of the State, J by them before
the conviction. whic, che Sheriff refused
to accept in satisfaction, and tho qucs-
ton as to the sulliciency of the tender
was brought before the court BY way Of
Rule on that officer.
The case was ably argued by y. w.
McMas:cr and G. d. Melton, l,sqs, in
support Of the tender, and by j. d.
Pope, Esq, representing the State,
against il.
1t was claimed that the Sheriff was
bound by law to accept the bills, not
only by tho words Of the sixteenth sec
Of The Act Of 1912, establishing The
Bank, which made the bills Of The cor.
poralion receivable at the Trrasnlv. by
all tax collectors, and all other public
Offices, in all payments o' axes and
oMer moneys due to tic @,te ;and that
il the words arc not conclusive in the
obligation they impose, then it arises
from necessary implication from other
sections Of the AcSand Acts amending
it that The refusal impairs the obligation
Of the contract made by the State. aud
is therefore void, being unconsltution-
nj.
Ills Honor, among other consilrra
tons, held that the bills were those of
the Bank and not Of the State that the
Bank was but corporation establish
cd by tho State, and in no other view
could the bills DC regarded as cons,i,n.
tional, rs was held in the State VS.. Bi.
lis. (McCord, ~
His Honor continued How docs the
obligation ARISE by necessary impljca.
tion2 1t is said the first clnuae Of the
Ac! pledges the faith ofthc STAB to the
support OF the Bank. The Judge, with
out committing himself to the general
question orhow far the State may be
responsible for the debts Of The Bank
held that under the said clause the
pledge, rs given by the express words,
was as to tho support Of the Bank and
rs to furnishing the assets which was to
he its capital. Admit, said he, for the
sake Of argument, that this Is a pledge
to redeem the bills Of the institution ;
can these defendants claim or seek TO
avail themselves Of such right in this
form? His Honor die not regard the
M ter as one arising under qui ,an,
ACTION, nor did the disposition by tho
State Gifts fines 10 the District at all
change or affect the question.
II the defendants had any scmblancc
Of claim, it arose under the said SIX
teenll clause. Have they any under
it2 "Moncys due to the State" in
connection with the other words in the
sentence with it, he he held to be syn
onymous with debts due to the State.
The legal acccptation of debt is a sum
OF money due by agreement. 1t can
arise only by way Of contract, expressed
or implied. What contract exists here
between the State and tho defendants
Can it be claimed rs contract to vio-
late the peace and dignity Of the State,
and then make atoncmcnt or condona-
tion by paying the amount imposed in q
currency worth but few cents in the
dollar2 The rcquistion Of the Court TO
pay money is for violation of the law.
It. is ordered for punishment, and the
Judge who imposed the sentence order
cd and fixed 500 dollars in the one case
and 800 dollars in the other. Can the
Judgment be satisfied by anything which
will not produce or M kc the respective
amounts in dollars2 The sentence
intended tho amount in dollars, or in
that which: according to the present cur.
rcncy, as regulated by law, represents
dollars.
The above is buta synopsis Of the
decision of the Judge. The Rules on
tho part OF the State were made abso-
lutte.
a EMARKABLE PRAYER.--On Fri
day night meeting of The Republicans
Of Richmond, Va, was held. 1t was
composed Of whites and blacks, and the
proceedings were opened by n colore1
man. making the following prayer:
,"Oh, lord God. bless our enemies.
bless President johnson. We would
not even have him sent TO hell. Come,
on come, good Lord, and touch his
heart, even while | am talking with