The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1869-05-31
THE NEGRO BOND CASES.
Decision OF Judge Carpenter-The Valid.
iay of tho Bonds Affirmed.

His Honor Judge Carpenter has given tho
following decision on the question of the valid
ity Of bonds given in paymopt Of tho purchase
Of slaves:
JULIET @. ELLIOTT vs. wM HENRY rREscor AND
WILLIAM wHALEY.
This was an action Of debt on bond, given by
defendants to plaintiff on the -- day of -,
A. d. 1857, in tho penal sum OF twenty eight
thousand and eighty 1928, ,O8O) dollars. The
defendants pleaded seven pleas. The first was
the general issue of non est fdcturr, and the
last pleaded payment. Some Of the other
cured by mortgage OF slaves, whereby the
slaves had been conveyed to the plaintiff by
the defendant Trescot, with defeasance in
case OF payment.
| ing to the condition Of the bond. That there
upon the property in the slaves vested abso-
lutely in the plaintiff and the bond was dis
charged. The other pleas set up the emanoi-
patton or the slaves by the Convention OF 1865.
10 the first and last plea the plaintiff put in
sa1natt1,', and issue was joined thereon. TO
all the other pleas he made profert of the
mortgage and put in q general demurrer to
each; the defendant joined in demurrer. The
pleadings and the statements at the bar ad-
mtted that tho consideration OF the bonds
sued on was the purchase Of slaves.
A preliminary motion was made to strike the
case from the docket, under the 34th Section
Of the 4th Article of the Constitution of this
State, adopted in March, 1868, which is in these
Words
''SEoTIoN "a. All contracts, whether under
seal or not, the consideration Of which were
for the purchase Of slaves, are hereby declared
null and void and Of no effect; and no suit,
| either at law or equity, shall be commenced or
prosecuted for the enforcement Of such con-
tracts. and all proceedings to enforce satsfac-
ton or payment on judgments or DEGREES rem
dered, recorded, enrolled or entered upon such
contracts, in any court Of this State, are here
by prohibited, and all orders heretofore made
in this State in relation to such contracts,
! whereby property is held subject to decision
as to the validity Of such contracts, are also
hereby declared null and void and Of no ef-
tect.'
Lam Of the opinion that this section Of the
Constitution Of this State is in conflict with
the 10th Section, 1st Article of the Constitu-
tion of the United States, in that it impairs the
obligation of contracts, and that it is therefore
| null and void.
The motion is refused,
After full consideration of the points raised
by the demurrer, am Of The opinion that the
pleas present an insufficient defence to the
action on the bond, and upon these pleas order
the postc0 to be delivered to the plaintiff.
The attorneys in the cause having filed their
consent in writing that the issue Of fact be
tried and determined by the court without th 3
intervention Of jury, determine that the de.
fendant did make, execute and deliver to the
plaintiff the bond set forth in tho pleadings,
that no part thereof has boon paid, and that
upon the first and last pleas the plaintiff is
titled to enter judgment on the penalty Of the
said bond. And it is so ordered.
R. B. CARPENTER.