The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1870-05-20
TIE NEGRO BOND QUESTION:

TIE NEGRO BOND QUESTION:
l!>or Ma cS'.tsa ssatsl', aas,a,y. .va,Na,l
This great constitutional ours,,on
has been cneneing Tho attention nrI
the Supreme Cratt4r5m das 10 ,,nv
for the past week 1t is n erc,l rnsr
and Il great argument. Tho Judves
arr sitting day after day. md hrurirv
he arguhent. With very ercut m
! tlcncc. There Is cool. 1rpTnc1 ma
! losicat argument progressing now in
'p'nm9ta without m antlience to hear
IT, a doreh or two people alone are
in the rorrt hall On tho one side
the argument in The case is pressed by
MvSsrs: J. u, Pope. Of this city.
Ihn:: T"cmson, and Edward Noble,
i"l A'bcrlilr, and Mr.. Wilmot q. De.
Shussurc. Of Charleston. On the
othr: sido appear Mr. VIM. Whalev
and Mr.. llanckcl. Of Charleston. and
Gen. McG"wan, Of Abbcvil!c. When
THIS ar%nmcn; will close, NO ono can
tell precisely. The court has very
kindly and very properly left the
counsel unrestricted rs to time. This
~ 'r"'y Il very Grca: case. involving
the m"st Important constitutional
questions, and andEramiGcs Itself into
tn" deepest questions cc TIE trnda
m>1:tai rights Of S"riety In addition
to Tins. many millions Of dollars in
ms state alone are involved. Well
may the argument progress SLOWLY.
We'll hHay the court sit patiently, and
Wei! may the conuSc! u"uue s,lucnt-
| ~ and ably on both sihcs. VIC OK
press no opinion iii this great question
Tor oar opinion would be worth moth
ing. 1t l. now before the ;n,,iciarv.
who must PROFOUND the law as il is.
and take care that its harmony is not
disturbed by any unwisc decision.
1T Is very Important to c0noidor to
what length Il decision OF this case
may bear upon other great constitu-
tl"hai questions that how do not an
pear to be invoIcc,i.
Yesterday, after tho close of Mr..
l1anckcfs argument, the heads of
= winch were given in our issue Of Sat
inrday, Thomas Thomson, ESQ, Of AL
bev'!lc, proceeded to present bis views
IN favor Of tho enforcement Of The
bonds. Mr.. Thomson announced
ana sustained, in that ,crse, concise
and logical manncr for which he is SO
.en:'nrnt.y distinguished, the follow
ing propositions: ="
| !. HAT the constitutional Union
was not severed ny the attcmrtcd Sc
'cession Of the Southern States: but
tLat the State of South tarulina,.wi,h
he other Seeding States, was still i.
the federal. Union, and andcr the law
'oI the Constitution Of the United
Estates. . -
2. That according to the several
reconstruction Acts admitting South
carolina to Lcr former political condi-
; ton, Congress did, in fact, no moro
than exercise the Constitutional RIGHT
of declaring the Constitution OF
South CaroIina republican.
). That if Congress undertook 10
detcrmine the legal validity. of.thc
several clauses Of tho Constitution OF
1868: the action was usurration OF
Judicial power, and consequently un,
constitutional and void.
4. That the clause of the constitn.
ton of 1865 in relation to iudu,nents
and debts for slaves. is uncons eitutio;i.
al apd. void -
lG"arGian, Friday, Hay la.l
LIE CASE OF THE NEGRO BoSps
cSkrday morning, MIR. Thoma:
IhomeN,, Of AbbcviIle, resumed hi.
able arsnmcnt, tho leading PROPOSE
!; tons Of which were published IN on,
: yesterdays paper. Taking up the
chain where .Leleft oh, Mr.. Thomso,
laid down the following further prop
osltlons IL support Of the enforce
nrcnt of the bonds: ....--
o.. That. rs fact, slavery has cS
'sted amor gst all>natiens, and prop
erty in slaves always recos spized tha,
that the constitution of the, United
States recognizes its political exist
ance, aud GUARANTEES tho gIit Of pro
pcrty in slaves. =. & Il
e. That, until the late cmancipa
ton, slavery rested upon the common
law Of South Carolina, which treated
slaves as property; the statutes did
no moro than recognize property in
J slaves, and regulated the Institution
Of slavery, #
Il "'' NV AZ" gives no remedy
4 TOR the enforcement Of An imperf.c e,
right or.tor the breach of-moral obli
cation further thvn the right is recor.
n'zed by common law or positive
enactment.
! Z. That the sale and the mort eape
OF slaves was an executed contract
vesting the real ownership and prop
erty in the mortgagor, by It's terms
as well as by the, law and the mort mott:
gagor bein g such own4r, must bean
the loEs by emancipation once q
mortgage, always.a mortgage. = I e.
/ 0. That emancipation was directly
the act of ,Congrsss,- exereisins 4ie
war power imanaested BY thy Press
idcnts proclamation of 1868. This
was recognized blythe Sou th TafoIii,a
! .fconvention of 1855 - >'-4 :4.s-'-s2;s2Gr Z.
| 70. That a coyenant &, warranty,
mdsI ba adonstrGeted sstrictly 70 anfiak.
cording to its terms and true intent
|of the parties, and was not. Intended
to embrace such subject as the DOS.
lsjble emancipation of Slaves.
.Mn: Ttst :tcmancipifidnD wab mo
brcachy Of the warranty, of. the, mort
gage. This was effected ~ the suDe.
ri0f power ieh4ex ercssad l. .e,,nthi,i |, ,.G;it.