The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1868-02-04

The same delegate also offered resolution,
providing for the public sale of property only
in the districts in which the same is located,
and that all titles, warrants, and other papers
in reference to said transfer, shall be recorded
or deposited only in the proper Office in said
districts.
THE SPECIAL ORDER.
The hour having arrived for the considera-
ton Of the special order, which was the ordi-
nance reported from the Committee on the Ju-
dietary, invalidating all contracts, The conside-
ration Of which was the purchase OF slaves.
B. o. Duncan took the floor and proceeded
to read speech in favor Of the measure pro-
posed. He said that while he was no repudia-
ZIONIST or advocate Of stay laws, he held as 9
matter of abstract Justice that old debts should
be scaled to accord with the present value OF
property.
In considering this question, the most trou-
blesome feature was the right o! contract, be-
cause the essence Of every contract was value
for value. But in all contracts for slaves this
very essence had been violated.
During the past twelve years, titles to slave
property had been found unsound, and null
and void. Again, slavery was great moral
and political CRIME, and it was enough that it
should be recognized by our fathers without
recognizing it now. Hence contracts had Ieen
set aside in various places-ln the United
States District Court; in Order No. 10, by Cen
eral Sickles; and in Congress, on the 18th OF
March, 1867, Democrats and Republicans unit
ed in passing bill annulling contracts for all
slaves drafted in the United States army.
It had .een said, let the courts decide the
question involved; he would say. let the courts
decide the law, and let us make the law py
which they shall decide.
The courts are our creatures. and without
our action they would have no existence. The
iay WAS not far distant when the supreme
Court of the United States would refuse to re-
cognize any contract based on slaves, and 1t
was o fundamental principle Of the party that
every contract growing out OF slavery should
cease to EXIST. :,
]. J. Wright, of Beaufort, favored the ordi-
nance decidedly, and he argued that because
slaves we're men, or oice uersd, there being no
property in man, whenever bond was given
or q debt contracted, the consideration OF
which was slave, there was no consideration
received. Consequently the law OF value for
value" fell to the ground. II, therefore, they
repudiated this species Of obligation. they dld
so not only upon principles Of justice in the
abstract and of Justice politically, but because
the very power which gave this convention o
night to assemble had already afforded an ex-
ample Of legislation in this respect. The very
Constitutional Amendment itself repudlates
contracts based on slaves, and this amendment
was part Of the Reconstruction acts OF Con-
gress. If this convention should not act IN
thus manner, the litigation throughout the
State would be almost intermlnable, and the
welfare Of tho State demanded peace. This
was not class measure. It affected the buyer
as well as the seller. Many of those who traf-
ficked in slaves came ffom the North East and
West, and sold their cargoes to the people OF
the South, and many Of these mei. were now
here with slave bonds in their pockets expect
ing to sell out some plantation to get tneT
money. Reputation would therefore protect
the people: it would aid the widow and orphan;
and God forbid that any man OF color In that
convention, remembering the past, should not
vote in favor of the ordinance proposed.
r. G. DeLarge followed on the line OF argyll
ment. presenting illustrations Of the manner
in which these contracts would operate If not
repudiated.
tending that the convention had nothing to do
with the question. It belonged to the courts.
Slaves unquestionably had been property, and
we're go recognized by every court IN the
country, and he who invested his money IN
slaves was Internationally entitled to recover.
Mr.. Rutland further contended that to repudi.
ate o debt in favor OF one party and against
the other, was clearly class leglsiauon; an9
more than that, il the ordinance was adopted
the suffering that would result to widows and
orphans in consequence would exceed any
misfortune that could possibly accrue from
any other law enacted By the convention.
B. F. Whittemore, OF Darlington, also SPOKE
forcibly in opposition to the ordinance. Inc
South, he said, went into the war prepared to
sacrifice life and property, and when they
came from the field Of carnage oil save h91d9a h9g51da
had been lost ySpe yssp ase even Of this and to force
snem, IN by an act of this convention, to 90 that
at which their natures rebelled, namely-to re-
pudiaLe honestly incurred obligations contract
ad m good faith, and to be settled or oompro-
missed hereafter, according to the disposition or
the respective parties. The people had no desire
to see this ordinance adopted, and he would de-
clare boldly upon that floor that whether the
parties concerned we're engaged in the trafhc
Of human bodies or not, he for one would not
stand between the debtor and the creditor.
The convention was not assembled Tor srcn
PURPOSE, and it was matter with Wh1cn the
body had anything to do:
f. 8. Langley. B. B. Elliott, B. T. Randolph,
and ". ]. Whipper (al colored), followed IN
defence Of the ordinance, T. l.. Cardoza oppo-
sing.
In the course of the remarks Of ". G. Whip
per, who always says something good, he re-
ferred to simile employed by one Of the pre-
oedine speakers, in which the buyer and seller
Of slaves were hkened to two dogs nghtlng
over bone.
F. L. Cardoza (colored) interrupted, and
asked him upon what principle he decided
which cur was the meanest?
Whipper replied: The meanest dog is that
which stole the bone from Africa; the dog who
Bent the ships and brought the bone here; the
dog who hos run all over creation, and made
contention wherever he goes; and be it said to
the honor of South Carolina, that she was op-
posed to the institution Of slavery. and op-
posed to the African slave trade, and it was
not until the renegade ours from other parts
forced it upon her, contrary to her own wishes,
that she received and perpetuated it upon her
soil.
The Convention adjourned at three.