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

U. g. DISTRICT CouRT, for Western District Q
South Carolina, at Grcouvillo, August Torn, 1867
Thursday. August 2a, 1867.
| Through tho politoness OF Messrs. EpPuNo an,
PRISuLE, wc wcro furnished with full proceeding
OF tho Court up to Friday, but through pross o
matter warc unable to pnblish il in our Saturday
Issuu. Wo mako room this morning for tho follow
ing interesting account OF trial OF q caso o
''nosro bond.:"J
Thomas Il. Agnow, Assignee, p.. Simpson Bobo
1hls "ns an actton on noto giyon for the pur
chnso lnonoy OF negro slaSe sold BY Mrs. Woffort
70 the defendant in 1858. and warranted by her a
Tor $1,000 interest annually, duo in 1860, Was as
signed to plaintiff.
The defence relied upon was isiluro OF cousido
for life, is still uliyo but lad becn mado FREQ. And
nlso upon paymont-thc debt boing seuuostoI I'D
by tho Government Of tho Confederate Statos ap
| tno Pr3perty OF On alion onomy, WAS paid under
eonpulsion Of that Government. whilo at war With
tho United States. Hon. B. F. Perry, ESQ., ap-
essrs @ ad and BoSo e
reforrodto jury and ably and fully argued By tho
counsel OH both sidcB.
In his Charge, tho Judge said, substantially
tho amount is small; tho principle Of over wholn,.
ing magnitude should gladly have escaped
| from the consideration OF this caae. Tho sottio-
mont OF tho question, however il be settled will
| carry desolation and poverty homo to some ono.
Great Investments lie in bonds and notos given
| ior tno purena59 money OF negroes. In those,
women and children have staked their all. Tho
question is who shall boar tho loss2 Poverty and
hardship muHt come In my opinion. the hard
ship must be borno by those who had tho miHioI-
/ tune to DO owuers. II docs not fall within tho
burdens Of the war. That olaco rathor belongs to
war-tho position Of tll 30 Southern States in tho
| war they wagcd against tho Government. Negroes
wore employed In many Of tho essential elomonts
armies, crcctcd fortilcations and, in fact const-
tnted tho industrial basis Of tho great conflict
The abolition OF slavery thus became military
OF tho war. These States could not be recognized
until they had recognized what tho war had
It was competent for tho United States TO deal
with slnvcs just as with any other personal
property, Tho owner must suffer- Who suffered
when mules or horses woro taken or cotton burnt
or lifted, or ships captured at sea2 Who, but tho
owner Of such property But the laws Of property
regulating tho relationship Of debtor and creditor
| not abrogatcd. Debts or balances duo on tho pur-
chase OF such mules, ships or cotton not car-
celled. Tho debtors were not rocasod. Their obli-
cations remain in force at this day. The seller
never mndo guarantee ngainst tho action OF war.
Iako tho caso OF lnnd. n owns n foo simple. He
ses and d the tile he got placing tho pur
| ship with which ho himself had been invested. II
tho State in the exercise OF Its right of eminent
so11aa aGmain shond take the fec for public uses. tho
ia not liable for acts OF the Sfato or against con-
flscatlon OF tho United States. In this cnso tho
ground OF defense, failure OF consideration, docs
mol therefore appear to DO mndo out tho warranty
wns in ivory view good at tho tinlo it was given,
its subsequent failure was duo to causes for which
the seller OF tho negro was in wise responsible
Tho other ground OF dcfcnse, payment by COM
pulBion undor the Scqnestraton Law Of the Con-
tcdorate Government, is equally untenablo. That
Government never had legal eIstonce and paw
nent OF tho dobt undcr its regulations was thero-
foro void
Under these instructions tho jury retired and
trst1 1saN.
find for tho Plaintiff aixicen hundred and ifty-one
dollars and ivo cents" tho full amount with in
crest.
Tho Grcenyillo Eaterprisehas the following conf
nients OIL this case:
DEBTS FOR NEoloEs.-Laat weok wo reported
lilo case OF Agpew IS. Bobo, decided before Judge
Bryan, at tlIis Court which was an action upon u
% not9 given in 1858. for negro; the noto boiug
Court, vordict was giyou for tho ontire debt. hi.
The case was defended with great ability. aud. acr
cordinG to our humble opinion, BY tho most trium-
Of this Circuit, Who maintained that contrasts not
having boon executed and tho law OF tho land
making i now criminal to hold slave, no Court
Cases Of this kind haye not yot reached tho
Supreme Court of tho Untod Statos, and tho oaso
We speak Of being undor two thousand dollars, no
appeal can be takon so the verdict OF tho Jury as
TO 1t is fnnl: This il to be regretted, wp think
It most probable that tho Supreme Court would
decide tho caso against tho enforcement, at this
grounds that the Supreme Court OF Louisiana has
decdcl. We arc constrained to believe so, because
tho analogous casos support that decision, that
where the law supporting contract is repealed,
the contract goes with It, moro especially whom the
very consideration Of the contract becomes abso-
lutoly criminal 30 well ga void,
Whether the plaintiff IL entitled pay for the sor-
vices OF negro up to tho time OF emancipation, is
another question. Natural Justice would seem to
require this much certainly, we think no moro
The power OF States and Governments to emAnci-
pate asYea, has always heen claimed and exercised
a., aud wllS1eyer that p9Ter wss put m force, tho
State and tho United States asaertod thpir para
mount right and tito to control tho services OF
slaves. After thoy have done this, It would seonl
injustice in those powers, through court, or any
other fundamentally, to compel any man to pay
for the lifetime services Of negro, whom theHo
samo powers, Stato and Federal civil and military
would terribly punish him II ho dared to claim
those seryicos
wo think Gmeral scklcs, in suaponding oil suits
for negro debts, has shown wise forecast. and
that his proceedings in this regard will bo fully
vindicated hereafter by every department Of gov
ernment, both State and Federal. Contracts for
slaves, 1npsrformed, must perish NTH slavery
itself. THIS wo venture TO asRert, Notwithstanding
tho opinions OF number Of good lawyers and res.
pectable jurists to the contrary. We know We
hayO many OF the Same sort to sustain our opinion,