The Fairfield herald. [volume] (Winnsboro, S.C.) 1849-1876, 1867-03-06
Tho Negro Bond Question An Interest
ing Case.

ing Case.
The last number Of the Pickcn:
Couricy, publishes the circuit Decree o
| Chancellor johnson in the case of Cal
hom rs. Calhoun, which was heard a
Pickcns G. H., in July, 1866. An ap
peal will be taken and the case likrl
decided finally, at the May term of tn
Court Of Appeals. From the importan
principles involved IN the decision, til
case is interesting not merely to Tn
profession, but to cur citizens general
~.
T, seems that in May, 1854, Mrs
Flosidc Calhoun and her daughter Cornc
lin NJ. Calhoun. conveyed Iic Fort Hill
plantation and fifty negro slaves TO An
drew Calhoun for Tic SUN Of forty -nin'
thousand dollars. taking Ills lnlividna
bond Tor The whole an,oynt, payable il
i;Nocn years, and secured hy Two scpa.
rate mort .,agrS-onc OF the Fort Hi
Tract, and the other Of lhe negroes. Th,
biii was filed on The l2ll March, 1866
To Iorcclo$c the nprl&agc and secure the
navmcnt of the Whole amount OF the
bond. and for the defendants, ~(lhc heirs
Of A. Calhoun died valious dc!cn
ccs were urg 'd
lst IT. was insisted :hat.thc widow
WAS entitled to dover in the land, afcI
payment nf the purchase money orthc
same, and not of The whole mort ga &C
'irbi, and lliatLhc personal estate is to
De applied first to the satisfaction Of the
m"ri Gngc. This last proposition the
Chancellor admits, but conlrovrrts the
!irSt in these words: ~ widow can
only take dover in iand, morgagcd by
'lc husband, at The time Of the purchase,
and rs part Of the same transaction,
subject to the payment OF the entire
'nor! gage debt, whether the same was
in whole, OF III part only, for the Tur-
chase money oil the land, provided the
same Is recoverable ut law
81. 1t WAS contcnhcd that The con
sldrraion u( The bond had failed. mas
mnch ns il had been given for fifty ne
gro slaves who had been cmancipal ed.
GA this point the Chancellor remark
For more than ten years after ,hc rur
chase, there WAS no complaint Of any
failure OF consideration, and is not allrg.
ci, 'hat ,hcrc was any intrinsic defect
IN the i;lyE, when The bond was given
~ the time, property in slaves, as IN
cvcry,ltim& else, was s,ilj,Gt TO be dos
Iroycd by revolution. and it has bee d
SO destroyed. Bu, did not intcStatc buy
'irm with the contingency distinctly
before him, Hat the institution Of Slave
~ might, in a short ,im" be ab ,hShch,
either hv Il rcvou;ion in the Govern
meat or hy constitutional amendment !?
1t is well knows, thar The value Of slaves,
AZ l1.irrcnt time was greatly affected by
the political asiccs OF The country
y nd ] ihtnI; it '::ay be sa!c, tdkcn for
granted HAT Wien the iucslatc made
th" purchase, he took ihc chances Of
emancipation INTO consideration, anu
paid such Il price as he supposed the
Srch chances would justify him in doing.
g But it, is insisted that
The institution Of slavery was not abol
iSi,r'l nnllit was done by onr State
authorities. | tho State did The act
freely and not IN compliance with the
demands oi an authority winch she was
forced to obey, lhrn The owners OF slaves
might be justified in presenting claims
against the State for their value, but
not III refusing 10 pay parties from whom
they lad purchased them: the amount
they had agic' d to pay for them before
their emancipation. Again with regard
to the result of adopting the rule con.
tended for he SAYS: And II such rule
were adopted, in relation to cxccutorv
contracts for slaves, it would be very
d tlrnl' for the Courts Of Equity TO stay
lheir hands in executed contracts for
them. when the equities for relief would
b" precisely the same, except, perhaps.
lhatIhc more graspmg creditor had
compelled payment by sacrificing the
property Of his debtor, when til G more
manlg"n' one had given Tine, as spe.
cinl favor, to the purchaser.
81. it was insisted oil behalf of Tie
defendants thatihc condliono OF he mort
gage bcinG broken hrfnrc the act Of
emancipation, The legal estate Of the
negroes then vested in the mortgagce,
who must sustain thc loss. The Chan.
ccIior cites number of authorities to
show hat there is no foundation for Ills
Gocirnr,r and that until foreclosure the
right ol property remains III Tic mort
eaeor--'hc mortgage, though he has
'i!r legal title is not regarded as the
owner, and has no interest which is
subject to levy and sale by execution.
a specimen OF the water dog about