The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-09-02
NEGRO BONDS.

N6UtO bONDS.
U. s. DISTRICT COURT, for Western District OF
South Carolina, at Greenville, August Term 1867.
Thursday, August %, 1867.
Through the politeness of Messrs. EPPNa and
PRNdLE, we wore furnished with full proceedings
of the Court up to Friday, but through press OF
matter were unable to publish it in our Saturday.
issue. We make room this morning for the follow
ing interesting account Of trial of case of
NEGRO bonds y
Thomas r. Agnew, Assignee, U.s. Simpson Bobo.
This was an action on a note given for the pur-
chase 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, interest annually, due in 1860, was as
signed to plaintiff.
The defence relied upon was failure Of consde
ration 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 tho Government 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, ESQ.,, ap-
peared for the plaintiff. The defense was conduct
ed by Messrs. ]. P. Reed and Bobo. The case was
referred to jury and ably and fully argued by the
counsel on both sides.
In his charge, the Judge said substantially:
the amount is SMALL the principle OF overwhelm-
ing magnitude. 1 should gladly have escaped
from the consideration OF this case. The settle
ment of the question, however 1t be settled will
carry desolation and 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 hard
ship must be borne by those who had the misfo1-
tune to be owners. 1t does not fall within the
province Of the Court to adjust and equalze the
burdens of the war. That office rather belongs to
o Legislative tribunal. Abolition grew out OF the
war-the position of these 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 constl-
tuted the industrial basis of the great conflict.
The abolition of slavery thus became military
necessity; emancipation an inevitable moral result
of the war. These States could not be recognized
until they had recognized what the war had
effected.
It was competent for the United States to deal
with slaves Just as with any other personal
property. The owner must suffer. Who suffered
when mules or horses we're taken? or cotton burnt
or lifted or ships captured at sea? Who, but the
owner OF such property? But the laws OF property,
regulating the relationship Of debtor and creditor.
in the matter Of the mules, ships or cotton, we're
not abrogated. Debts or balances due on the pur-
chase of such mules, ships or cotton we're not can
celled. The debtors were not released Their obi
cations 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. He
sells and conveys the title he got, placing the pur-
chaser in possession OF all the incidents OF owner
ship with which he himself had been invested. II
the State in the exercise OF Its right OF emlnenC
domain should take the fee for public uses, she
seller makes no guarantee against the State he
is not liable for acts Of the State or against con-
fscation of the United States. In this case, the
ground of defense, 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 responsible.
Tho other ground OF defense, payment by COM
pulsion under the Sequestration Law OF the Con-
federate Government, is equally untenaoie. Ihat
Government never had legal existence, and pay
ment of the debt under its regulations was there
fore void.
Under these instructions the jury retired, and
soon returned with the following verdict: "Wo
find for the Plaintiff sixteen hundred and ffty-one
dollars and five cents" the full amount with in
crest.
The Greenville Enterprise has the following COM
ments on this case:
DEBTS FOR NEaRoEs-Last week we reported
the case of Agnew rs. Bobo, decided before Judge
Bryan, at this Court, which was an action upon
note given in 1858, for q negro; the note being
held by New Yorker, under the direction OF the
Court a verdict was given for the entire debt
The case was defended with great ability, and, ac-
cording to our humble opinion, by the most trlum-
phant argument by j. p. Reid, Esq, the Solicitor
Of this Circuit who maintained that contracts not
having been executed, and the law OF the land
making it now criminal to hold slave, no Court
could enforce contract now remaining execusory.
Cases of this kind have not yet reached the
Supreme Court of the United States, and the case
We speak of being under two thousand dollars, no
appeal can be TAKEN so the verdict OF the jury AZ
to it is final. This is to be regretted as VIC think
1t most probable that the Supreme Court would
decide the case against the enforcement, at this
time, of contracts for negroes, upon the same
grounds that the Supreme Court OF Louisiana has
decided. We are constrained to bolieve 80, because
the analogous cases support that decision, that
where the law supporting contract IS repealed,
the contract goes with It, more especially when the
very consideration of the contract becomes abso-
lutely criminal as well as void.
Whether the plaintiff il entitled pay for the ser
vices of negro up to the time OF emancipation, is
another question. Natural justice would seem to
require this much certainly, We think no more
The power Of States and Governments to emancl-
pate slaves, has always been claimed and exercised
and whenever that power Was put IN force, the
State and the United States asserted their para
mount right and title to control the services OF
slaves. After they have done this, it would seem
injustice in those powers, through court or any
other instrumentality, to compel any man to pay
for the lifetime services Of negro, when these
same powers, State and Federal, civil and military
would terribly punish him if he dared to claim
those services.
We think General fickles, in suspending all suits
for negro debts, has shown wise forecast, and
that his proceedings in this regard will be fully
vindicated hereafter by every department OF gov
ernment, both State and Federal Contracts for
slaves, unperformed, must perish with slavery
itself. This we venture to assert, notwithstanding
the opinions of q number Of good lawyers and res
pectabe jurists to the contrary. We know we
have many Of the same sortto sustain our opinion.