The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1869-10-01
Negro Debts.-Decisions of the Su-
prene Court of Georgia.


Delivered at Atlanta, Saturday dug. 81.
Furnished by n. +. Hammond, Su-
prone Court Reporter, expressly
for the Constitution.
Alfred Shorter, Plaintiff in error VS..
Jacob L. Cobb, Defendant in error.
Action on note given for slave,
from Randolph.
= BROWN, J. G.
l. The States lately composing the
Confederate Government, set aside
the Constitution Of the United States,
and declared it no longer obligatory
upon them; and adopted another
Constitution and government to
which they required all their officers
to swear allegiance. They rejected
the flag Of the United States, and
adopted one Of their own in it's stead.
They sundercd the Union, which was
in fact destroyed, SO far as it could
be done by force, and so remained, rs
long as they were able by their AZ
mics in the field, to maintain and de-
lend the Constitution and government
set up by them. The destruction Of
the Union would havo been perma-
nent, but for the success of the armies
of tho United States, which broke the
power Of the government of the Con-
fedcratc States, and rcsto it by
force.
2. Had the seeding States been
successful might would have compel
led the recognition of the right Of
their cause; and those who were
legally declared rebels and traitors on
account of their failure, would, on
account of their success, have been
distinguished rs patriots and heroes.
3. When the armies of the Confed-
crate government surrendered, and
it's power was crushed, the people of
the seeding States became conquer
ed people, subject to tho fate of the
conquered; and the government of
the United Strtcs, az it existed du-
ring the war, became the conqueror
with all the rights and powers of the
conqueror> over tho conquered. And
the seeding States as the conquered,
had no right, without the consent of
the conquerer, toreturn to and restore
the Union, which they had repudia-
ted; and claim the protection of the
flag, and the guarantees of the Con-
stitution, which they had solemnly
>fenounced and thrown off. If the
conquering States at the end Of the
war, had refused to restore the Union
on any terms; or to have any farth CT
connection, or association, with the
seeding States; tho latter would have
no right to demand it's restoration
or to claim tho further protection ol
tho Constitution upon which the re-
jectcd Union was based.
-. 1t was the prerogAtive of tho
conquering power, to dictate tho
terms. upon which the conquered
States should be restored to their no
sition in the Union; with the rights
under tho Constitution which thew
enjoyed before they renounced them
BY secession; and the conquered
States had no appeal from the decis
ion, and no alternative but submissio,
tothe terms dictated.
s. At the close of the war the Pres
ident Of the United States, in a sol
emn proclamation, dated 18th of June
1865, declared that the rebellion cha
in its revolutionary progress deprive,
the people of the State of Georgia q
all civil gouernnsent." And the Con
gress of the United States by an &C
passed I'd March ? 1861, declared tha
esleeal State soveran,ents. then ex
listed In the rebel States, of .whic]
Georgia Was one and that it was ne
cessary; that peace and good orde
should be enforced in said States N,
the military power Of the Unite
states until loyal and Republica,
statsSge1efnnients !" can be legally E.
ts1Esshedf bsaid iact also declared An,
civil goTernment which may exist f
sAidsfstes, provisional only, "and +
e. ssspects subject to the >parsmoan
asnot1ty OF. the United States. q
i. he zto e; abolish ;, modify, contro
]s:.Bettsts any State government, ,y9au, e +
bs1aafhSdN NaHdes sasd aos 81 Of Conarsss
" g. :. 81