The Fairfield herald. [volume] (Winnsboro, S.C.) 1849-1876, 1867-09-11
Nogro Bonds,

| vil'c, August Icm,, 1867. Thursday,
August 222, 1867
! Through the politcncss OF Mcssrs.
Epring and Pringlc, we were furnished
| with full proceedings of the Court up to
Friday, but through press Of matter
were unable to publish il in chr Satur.
days issue. We make room this morn.
ing for th" following interesting account
Of trial Of a casc Of negro bonds"
Thomas II. Agnow, Assignee, as.
Simpson Bobo. This was an action on
a note given for the purchase ola negro
slave sold by Mrs. Wollord to the de-.
icndant in 1853, and warranted by her
at that time to be sound and a slave for
life. Noto for $1,000, interest annual.
y, due in 1850, was assigned to plain.
The defence relied upon was fail.
ure oi consideration in that the negro,
warranted to be slave for life, is still
alive but had been made free. And
also upon payment--thc debt being SC.
qucstcrcd by the Government Of the
Confederate States rs the property Of
m alien enemy, was paid under compul.
sion OF that Government while at war
with the United States. Hon. B. j..
Perry, Esq, appeared for the plaintiff.
lhe defense was conducted by McaSrs.
). L. Reed and Bobo. The case was
referred to a jury and ably onl fully
argued by the counsel on both sides.
In his charge, tho Judge said, sub.
stantally the amount is small the
principle Of overwhelming magnitude.
| should gladly havo escaped from tho
consideration Of this case. The settle
mcnt OF the question, however it be
settled. will carry Gesoaton and povor
ty home to some one. Great invest.
mcnts lie in bonds and notes given for
the purchase money ofncgrcc, In these,
women and children have stakcd their
all. The question is, who shall bear thc
loss2 In my opinion, the hardship
must be boEc by those who had the
misfortune TO be owners. 1t docs not
l"li within The province OF thc Conr. to
adjust and cQuoliHc lie burdens Of
The war That Office rather belongs to
n legislative tribunal. Abolition GREW
out OF the war-iho position OF these
Southern States in tho war they Magrl
against tho Government. Negroes were
employed in many Of the essential cle-
mcnts of The war they created subsst.
cnce for Tho armies, erected fortilica-
tons, and, in fact constituted the indus.
trial basis Of tho great conflict. The
abolition OF slavery thus became a mill.
tary necessity emancipation an incvi.
table moral result of the war. These
States could not be recognized until
they had recognized what tho war
had effected.
1t 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 were taken ? or cotton burnt
or Lifted, or ships captured at sea ? Who
but the owner Of such property But
tho laws OF property, regulating the ro
lationship Of debtor and creditor, in tho
matter Of tho mules, ships or cotton were
not cancelled. Tho debtors wcro not
released. Their obligations remain in
force at this day. The sollor never imailo
a guarantee against the action Of war.
Take the case Of land A. owns fec
simple. Ilc sells and conveys the title
he got, placing the purchaser in the pos.
session OF all the incidents Of ownership
with which he himself had been invest.
cd. IF the State in the exercise Of its
right Of eminent domain should tako
the fee for public uses. the seller makes
no guarantee against the State he is not
liable foT acts Of tho State or against
conliscaLlon Of the United States In
this case, tho ground OF defense failure
of consideration, does not therefore ap-
pear to be made out the warranty was
in every view good ut the time it was
given, its subsequent failure was due To-
causes which tho seller Of the negro was
in no wiso responsible.
The other ground Of defense, payment
by compusion under the Scgucs!ration
Law of the Confederate Government,
is equally mtcnablc. That Govern
mont never had q legal existence, and
payment Of the debt under its regulation
was therefore void.
Undcr these instructions The Jury re.
tired, and soon returned with The follow
ing verdict: "We find for the plaintiff
sixteen hundred and fifty one dollars and
ive cents" the full amount with intor-
est.
GEN CANBy.--1'he New York Jour.
nal Of Commerce has tho following para.
graph in relation to General Candy, in
an article uDOn tho recent clan0ca NJ