Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1868-01-15
The Late Decision of our Court of High
eat Resort.

and Judges of the State. 1t is the Court Of
the highest and last res .rt on all questions
Involving constitutional construction. 1t u.s.
in other words, the assembly Of the judiciary
of the State in council.
This Cou.t hiss but recently adjourned its
session at Columbia. They had before them
many and important principles for decision.
1. will vet be sumo months before their Judg-
m mt will be regularly published in the box
of reports. In the meanwhile We lay before
oar readers, with great plea ure, the follow
Ing statement oe some of III. points decided,
prepared originally f1r the Chcraw -4dcertiscr,
and, as is evident frhm the precision with
which they ar. stated, BY one vi the members
of the Court:
The General Assembly has power under
tn. Constitution to confer upon the District
Curt Jurisdiction of offences committed by
white men, whether tue persons injured by
such offences be white or colored. Tae second
section of the Act Of December, 1866 dis
pen.ing with Grand Jury, and prcsentment
thereby il the District Court, aud The third
section OF the same Act providing only a sin
sl. jury of eight qualified persons. are net
contrary to the Constitution OF the Stale.
The Constitution Of the United States has no
apple stion to the subject. (State cs. Larey,
State rs. Rulings, State cs. Starring. &c.)
Tie charter ''of the Bank of the State Of
South Caro'inu" in its sixteenth section pro-
vides that "the Ills or notes OF said Corpo
ration originally made payable: or which shall
have become payable on demand, in gold or
silver cola; shall.be receivable st the Treas
ury of this State, either st Charleston or Co
lumbia, and by all tax-collectors and other
public ofisers, in all payments for taxes o.
other monies due the State" Subsequent
Acts, by directing that the taxes shall be
collected only in certain kinds of money
therein enumerated, hot including the bills Of
the Bank of the State, implicitly prohibit the
receipt of these latter bills for taxes. Such
subsequent prohib:tory Acts do MT impair
the obligation Of any contract made by the
State with the holders of the bills or others,
and are not contrary to any provision of the
Constitution of the United States. Gran
tcville Manufacturing Co. Us. Roper.)
Oae who takes from an administrator,
though for valuable consideration, bonds or
notes taken by the latter for the good, and
chaltels of his intestste at sale thereof,
made under an order of the Ordinary, know
ing that they belong to the iutestate'S estate,
aad that the administrator is misapplying
them to his own use, takes them subject to
the right of the creditors and distributee OF
the iutestate to have satisfaction Of their
claims out Of them or their proceeds in his
hands. The surety of the administrator, hav
ing paid the creditors or distributes, who
have chosen to make him responsible on the
:m:nistration bond for his principals breach
of trust, Is subrngsted TO the rights of the
creditors aud distributes SO paid, and may
make such tsker account for the bonds and
potcs 80 taken, for tie indemnifcation of the
surety. (lthame rs. Lewis cs al.
An Instrument under sra!. whereby the
makers, on the lst June, 1864, promised to
pay, twelve months after date, to the executor
OF N. AS will, twenty-five hundred dollars
Tin such currency as can Immediately be
male svsilsble in payment of the old debts
of the estate" of the testator, dollar for dol
lar" falls within the provision of the Ordi-
nance of the Convention Of September 9th,
1866" that in every action arising Oh any
contract, whether under seal or parole, written
or oral; made between the lst January, 1852,
and the 18th May, 1865, it shall be lawful for
either party to the action to introduce testl-
m )ny showing the true value and real charac-
ter of the Consideration of such contract at
the time it was made, 80 that regard being
b I'D to the particular circumstances of each
Csc, such verdict or decree may be rendered
as will effect substantial justice between the
parties. What operation the special terms of
the contract ought to have in moulding the
verdict as to " effect substantial justice be-
tween the parties" is to be determined by the
Jury, under proper instructions from the pre-
siding Judge, as to the purpose and construc.
ton of the Ordinance. (Copes Us. Rutland.)
Ths Ordinance is not in this provision con-
trary to the Constitution of the United States.
1t does not impair the obligation of the con-
tract, but aims to ascertain what the arrange
I. .ant of the parties really was, with a view
to enforce its obligation. Thomas Us. Ray
mond, Copes rs. Rutlsnd.)
The Statute Of Limitations was suspended
during the whole periods during which the
Stay Law was, by its own terms, declared
from time to ti:ae to be OF force, as to all con-
tracts to which that law was intended to ap-
ply. (Simpkins, Administer. us. Buzzard.)
Emancipation was accomplished only by
the conquest aud capture Of the territory of
the Southern States, making effective the pre-
vior,ly formed and proclaimed purpose in this
behalf, of the chief Of the conquering army.
Until such conquest and capture took place,
slavery continued Notwithstanding the Procla
nation of President Lincoln, just as it had
existed before, and it ceased to exist in the
different parts of this State as those parts
successively fell into the hands of the con-
queror to be held by him, until the State ac-
quiesced in the terms imposed upon her.
pickett rs Pickett
The Act of the General Assembly incorpo
rating the Columbia and Augusta Rail Road
Company, and authorizing the construction of
rail road from point on the Charlotte and
South Carolina Roll Road, near Columbia, to
Hamburg and Augusta, does not impair the
obligation of any contract made by the State
with the South Carolina Rail Road Company
in any provision of the charter OF the latter
Company. The South Carolina Rail Road
Company has no exclusive right for any period
to connect Columbia and Hamburg by Rail
Road. It's chartered franchises are not vio-
lated by the Columbia and Augusta Rail Road
crossing its track at Columbia or elsewhere
in its proper course. or running side by side
with that track from Granitevileto Hamburg.
(Sou,h Carolina Rail Road Company rs. Co
iumbia and Augusta Rail Road.
INDIANS IN CoLUMDIA.-We learn from the
Columbia Phoenir that George W. Bushy.
head, chief, johnson Gruskey, Juncorinka,
sad Stamper, Cherokees, who have been ap-
DO nted by their tribe commissioners To visit
Washington, arrived in Columbia on Satur-
dav, and took up their quarters at the Cen
tai House. Their business is to confer with
the authorities relative to the removal Of the
remnant of The Cherokee tribe of Indians
nhnnt l600--now remaining in North Carroll