The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1869-05-31
THE NEGRO BOND CASES.
Decision Of Judge Carpcnter-The Valid
ity Of the Bonds Affirmed.

His Honor Judge Carpenter has given the
following decision on the question of the valid
ity Of bonds given in payment Of the purchase
OF slaves:
! JULIET @. aIIoTr vs.. WI. HENRY TREsooT AND
WILLIAM wEALEY.
This was sn action Of debt on bond, given by
defendantsto TO plaintiff on the- day or 80,
Thousand and eighty ts2s. .OsO) dollars. The
defendants pleaded seven pleas. The first was
the general issue of non est factu7e and the
last pleaded payment. Some OF the other
pleas set up as defence that the bond was Sc
cured by o mortgage OF slaves, whereby the
slaves had been conveyed to the plamtln py
the defendant Trescot, with defeasance III
case Of payment.
That the defendant had failed to pey accord
| ing to the condition of the bond. That there
| upon the property 10 the slaves vested abso-
lutely in the plaintiff and the bond was d1s-
charged. The other pleas get up the emanGi- @
patton Of the slaves By the Convention @ oi Iooo D.
To the first and last plea the p!alntlf put IN
a si7niHtur, and issue was joined thereon, 10
all the other pleas be made q profert OF the
mortgage and put in general demurrer 10
each: the defendant Joined in demurrer. Inc
pleadings and the statements at the bar ad-
rnitted that the consideration OF the bonds
sued on was the purchase of slaves.
prel1mIQary uOtlOu mdS iiauO W S't, 80
case from the docket, under the S4th sectlon
OF the 4th Article of the Constitution OF TINS
State, adopted in March, 1868, which is in these
words:
s'SEcr1oS 81. All contracts, whether under
seal or not, the consideration OF when 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 satisfac-
ton or payment on judgments or DEGREES ren-
dered, recorded, enrolled OF entered upon suon Ea
contracts, in any court of this State, are mere
by prohibited, and all orders heretofore made
in this State in relation to such contracts g.,
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-
fect."
am of the opinion that this section Of the
Constitution Of this State is in conflict with
the 10th Section, 1st Article OF the Constltu-
ton OF the United States, in that it impars the
obligation of contracts, and that 1t ID 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 postea to be delivered to the pl laintiH.
The attorneys in the cause having filed their
consent in writing that the issue OF fact pc
tried and determined by the court without th9
intervention Of a jury, determine that the ae.
plaintiff the bond set forth in the pleadings,
that no part thereof has been paid, and that
upon the first and last pleas the plaiatlf ls en-
titled to enter judgment on the penalty OF the
said bond. And it is 80 ordered.
' R. B. CARPENTER.