The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1867-09-07
) t.apaEtant Z 9.eg,a..ll :. pe,els .onI.y

the United States Court at Green
vile, August 2, 1867, before Judge
Bryan.
This was an action on note given
for the purchase money of anegro
slave sold by Mrs. Walker to the de-
fendant, in 1868, and warranted by
her at that time to be sound and q
slave for life. Note for 81, ZOO, inte-
rest annually, due 1860, was assigned
to plaintiff
The defence rested upon was a
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-the
debt being sequestered by the Go
vernment of the Confederate States
as the property of an alien enemy,
was paid under compulsion of that
Government, while at war with the
United States. Hon. B. F. Perry
appeared for the plaintiff. The de-
fence was conducted by Messrs. J. P.
Reed and Bobo. The cdse was re-
ferred to a jury. and ably and fully
argued by the counsel On both sides.
In his charge, the Judge said, sub
stantially: The amount is small-the
principle of overwhelming impor-
tance. I 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 invest
ments 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 be borne
by those who had the misfortun ne to
be owners. It does not come within
the province of this court to adjust
and equalize the burdens of the war.
That Office, tditdS cOmp0nere, belongs
to other than judicial tribunal.
Abolition grew out of the war
the position of these Southern States
in the war they waged against the
Government. Negroes were. en-
ployed i'll many of the essential ele-
mcnts of the war; they created sub
sistence for the armies, erected
Notifications, and, in fact, constituted
the industrial basis of the great con-
tlict. The abolition of slavery thus
became military necessity-emanci-
patton an inevitable moral result of
the war. These States could not be
recognized until they should recog-
nize what the war had effected.
1t was competent for the United
States to deal with slaves just as with
other personal property. The owner
must suffer. Who suffered, when
mules or horses were taken? or cotton
burnt or lifted, or ships captured at
sea? Who but the owner of pro-
perty? But the laws of property,
regulating the relationship of debtor
and creditor, in the matter of the
mules, ships or cotton, were not alb
rogated. Debts or balances due on
the purchase of such mules, ship or
cotton, were not cancelled. Their
obligations remain in force at this
day. The seller never made O guar
antee against the action of the war.
Take the case of land. A owns fee
simple. He sells and conveys 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
exercise of its right of eminent do
main, should take the fee for public
uses, the seller makes no guarantee
against the State; he is not liable for
acts of the State or against confisoa-
ton 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 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 response
ble.
The other ground of defence, pay
ment by compulsion under the Sc
questration law of the Confederate
Government, is equally untenable.
That Government never had legal
existence, and payment of the debt
under its regulations was, therefore,
void.
AS the amount involved is under
81, 900, no appeal can be taken, and
the verdict of the jury in this case is.
therefore, final
By late patent, species of net
tie, which grows luxuriantly and
spontaneously throughout the Mis-