Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1868-02-12
South Carolina Radical Negro ConVen-
ton.
SIXTEENTH DAY.

CHARLESTON, FEB. ..
The Convention assembled at l2 NJ, aud
was called to order by the President, A. &.
Mackey.
Prayer was offered by the Rev. II. D. Ed
wards (colored.
The Journal of Fridays proceedings wa.
read and approved.
The reports of several of the Committees
we're presented, and On motion Of r. Z. Elliot
(negro) were made the special order for one
o'clock Wednesday.
Mr.. Duncan offered the following, which
was referred to the Committee on the judi
ciary:
Whereas large proportion of the Execu-
tors, Administrators, Guardians ana Other
fduciary agents, appointed in this State prior
10 aud during the late rebellion, either actu-
ally did or fraudulently pretended to have liz
vested the funds and estates of their ceSta'
qme trusts iii the securities of the rebel States;
created for the purpose of carrying on war
against the United States,
And whereas investments made in such Sc
curiucs in aid of the said rebellion, was not
only treason against the United States, but
when made by Trustees and other tiduciary
agents, fraud upon the rights of the persons
whom they were appointed to represent, and
who were legally iacompetentto to protect their
own interests; be it therefore
Resotced, That all investments of the funds
and estates of infants, married women, idiots,
lunatics and other cestui qae trusts, in the Sc
curties of the late rebel government, or in
The securities Of any one Of the rebel States,
created Tor the purpose of carrFing on war
auain.t the United States, by executors. ad-
ministia;ors, guardians, masters and commits
sioners in equity, trustees and other tiiuc!ary
agents, are, aid shall forever hereafter, be
held to he absolutely hull and void, and no
plea or p.eence OF any such investments
stall avail in any court Of law or equity in
this State to bar or hiuder any cestui qle
trust from recovering his, her or their estates
in lawful money Of the United States OF
America
Resolred, That it be referred to the Com,
mittec on the Judiciary, to draft provision
to this effect, to be inserted in the Consti!u-
ton to be framed by this Convention.
The rsual number CT Resolutions Eere Of
fered-some we're laid on the table, and oth-
ers referred to the appropriate Committees.
The hour for the special order having ar
rived, the ordinance declaring null and void
all contracts, judgments and DEGREES, made on
entered up where the consideration was for
the purchase of slaves, was taken up.
Mr.. B. O. Duucan obtained the floor, and
By consent of the Convention, read his argr
ment which he had prepared for the occasion,
when the subject was discussed.
Mr.. Duncan said he was no repudiationist,
nor advocate of stay laws, but as matter q
abstrac. justice, thought old debts should be
scaled to accord with the present value CT
property, or that the property itself should
be returned as pay. That he did rot regard
as population. Even that he had given VI
and would be satisfied if they succeeded in
passing this ordinance, and in establishing
liberal homestead Law 10 be retrospective =
well as prospective. He believed they cou c
establish both to stand the test Of the Courts
He thought that Justice and the future weiiur,
of the country demanded that they shorid
anrul all debts and obligations Of any k!n5
for slaves.
He argued that the essence Of every coil.
trac. is value for value, and if he sold prorer
ty -Th;ch was afterwards found to be unsCr:
or tic titles not good, he was not entitled u
nav for it, because there had not been valu.
for value Such was found to be the case TX. ~
with titles to slave property, and in the cye'
of the law therefore uasound and could Legal
IL be set aside. General Sickles did this il
an order given as Military Commander.
To recognize these debts or obligations, h
contcnded, would be 10 recognize rights il
slavery, ard as the representatives of part
opposed to every pri"cipl of slavery,
should not 70 forth that they were willing t.
do so. 1t was saiG by some let the courts 1t
eide. But the courts must decide according
to law, and the Convention could make h
law by which they must decide He believes
the Supreme Court would soon cease to re
coen;ze arr obligations based on slavery.
is the great fundamental idea Of the Reput
lican party, and everything connected with
or growing out Of it shall cease to exist.
j.. J. Wright agreed with the speaker VII
had Just taken his seat. He came here ei
tertauing no malice, hatred or preiudic
against any person or persons that had eve
held slaves. American slavery he contends
never was legaized institution. 1t nege
vas so by any act or law. 1t was simpl
regulated by law, and as necessary to regu
late it by law as other processes entered int
and carried on by men 1t was necessary
make very stringent laws in order 10 protcc
those who held persons in bondage, becaus
they held in bondage men endowed with a
the powers of intellect, capable of bein
trained ard developed. When the intellect
of these men were drawn out and developed
E then it was the men who held them began
tremble for their lives
lie contcndcd that there could not be proy
, erty in man. This decision had been give
by the highest Courts in the old world, an
it could be shown from decision already rel
tlered in the Courts of the United States tht
there cannot be property in man. Therefor
whenever debt was contracted, the propose
consideration of which was slave, there ws
NO consideration received, and where thel
I was no consideration the debt was null an
: void.
He contended that the fourth section Of II
constitutional amendment rendered null au
void all debts contracted for slaves. The