The Fairfield herald. [volume] (Winnsboro, S.C.) 1849-1876, 1869-06-09
The Negro Bond Cases.

The Negro Bond Gases.
His Honor Judge Carpenter has
given the following decision on the
question of tho validity of bonds
given in payment Of the purchase of
slaves:
JULIET G. ELLIOTT VS.. VIM. IIENRY
TREsCoT AND wILLIAMwHALEY.
This was an action of debt on bond,
given by defendants to plaintiff on
the - day of -, A. D. 1857, in
the penal sum of twenty eight thou
sand and eighty ($28,080 dollars
The defendants pleaded seven pleas.
The first was the general issue of non
est factum, and the last pleaded pay
ment. Some of the other pleas set
up as o defence that the bond was ee-
cured by mortgage of fslaves, where
by the slaves had been conveyed to
the plaintiff by the defendant Tres
cot, with q dcfeasanco in case of pay
ment. p r.r .J
That tho defendants had filled to
pay according to the condition of the
bond. That thereupon the property
in the slaves vested absolutely in tho
plaintiff and the bond was discLa. ged.
The other pleas set up the enancipa-
tion of the slaves BY tbs"Convention
Of 1865.
TO the first ard iast plea the plaintiff
put in si,n.Ttur, and issue was join-
ed thereof. TO all tho other pleas
he p.de profert Of the mortgage
a.d put in ageneral demurrer to each:
the defendant joined in demurrer. The
pleadings and the statements at the
bar admitted that the consideration of
the bonds sued on was the purchase Of
slaves.
a preliminary motion was made to
strike the case from tho docket, under
the 34th Section Of the 4,h Article Of
the Constitution of this State, adopt
cd in March, 1868, which is in these
words:
"SEcrIoN 3D.. All contracts, wheth-
er under seal or not, the oonsidera.
tion of which were for the purchase of
slaves, are hereby declared null and
void and of no effect and 10 suit,
either at law or eqnity, shall be com
menced or prosecuted for the enforce.
ment of such contracts and all pro-
oeedlngs to enforce satisfaction or
payment on judgments or decrccs rem
dered, recorded, enrolled or eDtered
upon such contracts, in any court of
this State, arc hereby 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 con-
tracts, are also hereby declared null
and void and Of no effect"
am of the opinion that this sec.
tlon OF the Constitution of this State
is in conflict with the 10th Section, lst
Article of the Constitution 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
tho bond; and upon these rlAas o.dA-
the {, postea to be delivered to the plain.
The attorneys in the cause having
illed their consent in writing that the
issue of fact be tried and determined
by the court without the Intervention
OF jury. / determine that the defen-
dant did make, execute and deliver TO
the plaintiff the bond set forth in the
pleadlngy, that no part thereof has
been paid, and that upon the irst and,
last pleas the plaintiff Is entitled to
enter judgment on tho penalty of the
said bonds. And, it is so ordered.
r. B. CARrEyTER.