The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1874-10-03


BeLs!!-FARMvILbE-- Go-AHEADATIvESEsS -
PRESBYTERIAN REVIEW.
correspondence Of the Richmond Dispatch.l
FARMvILLE, VA, September 20, 1874.
Entering the courthouse OF Prince Ed.
ward TO- day, found Judge Dickinson en-.
gagged in calling the docket of the Circuit
Court. One case was called involving an
interesting and important question. 1t seems
that in January, 1861, and before secession,
the Legislature enacted a law authorizing
the county courts; to borrow money to be
u ed ''in arnling the militia" Nothing in
The act indicates war OF rebellion. Under
the law Prince Edward County Court
sold about 81 1000 Of her bonds, each bein"
500. Some thirty Of the most respected
and solid men Of the county (such men as
b. j. Worsham, L. E. Parkinson, J. Pitt
gerald, and others) entered into a covenant,
under seal, to guarantee the payment of
these bonds. The plaintiff (Stokes), 10 the
suit on the docket, borrowed money TO buy
these bonds, and, since the war, has paid
back this borrowed money. He now sues
the guarantors (Worsham and others), in an
action.of covenant, on their written agree,
ment to guarantee the payment of the bonds
| held by him. The declaration sets out the
whole circumstancesand the engagements OF
The defendants with great minutepess OF
detail. The defendants (the suarantors) have
rendered some seven special pleas. In these
pleas they allege- ~ illegality of considera-
! ton, in this, that toe money was to he used
| in the purchase of arms te aid a rebellion
against the United States Government; ~
+ that the county Of Prince Edward mad not
] first been sued to recover the debt in the
bond mentioned; e, that the Constitution
4 tthe Underwood attdir) expressly prohibits
| the levying of taxes for the payment Of any
such debt; (4) that the county seal was not
| aft Sed to thc=bonds: There were other pleas
not now remembered
| The argument today was made on the
question OF the a0mlssibllty Of the pleas,
though incidentally, The legal merits of the
| questions raised we're considered and dis
cussed. Messrs. Irving and Mckinney rep
resented the plaintiffs, and MesSrs. J. p.
Fitzgerald, Il. IL. Watkins, and w. L. Berke.
| ley were counsel for the defence. The dis
cussion consumed several hours, and was
conducted with marked ability, and exhibit.
| cd much learning and refreshing preparation
| for the argument. The-5udge takes time
to consider. The pleas, it is thought, will
| be admitted, aud possibly special verdict,
| ting the question Of law to the court. 1t so
happens that ca h of the counsel was gal.
lant officer III the war OF the rebel fa5akha
psaalnss s.aslssasas Is.s struggle for
snsni,I ITce; and there is no shadow Of
Rlse1on of tueir patriotism and loyalty to |
'irq,p,a II Bat to the "lookels on :, it &C.
lrred that in 1861, when the covenant sued I
n was made, 1t would have hardly been safe
II any one TO have whispered to the worthy
tlzeps signing the covenant, " You are aid.
II u .7etetHoa.H But te7npora n,utahtar, n
The Storm of last night was one of un-
sual severity, and greatly Injured the crop
tobacco. 1t is stated by large and skilled a
anter hatthere has been no such storm in
yenteen years at this period Of the year. d
hear that the Presbyterian Quarterly will n
lobably be success; that a gentleman of
ninent fitness and high culture and attain I
eutS, it is hoped, will be the literary editor
the ReyieU; that the stockholders will Il
opIy to Judge Dickinson or some other I
ldge for the incorporation OF publishing
,mpany; that the professors Of Union The a
ogical Seminary will be associate editors o
I'd that one gentleman lays the solid toun.
alton Of a one.thousand dollar subscription e
, the enterprise. Tue Presbyterian Church {
f the South will surely enlist in sustaining +
4 ENTERPRISE of-so- much merit. Some OF
,e friends of the scheme are very confident G
success. ----~c-..- a
Ea . SEPTEMBER 30, 1874. 5
In the ecounty bond case" Judge Eick-
nson today received three cf the seven
leas of the defendants and rejected the four 7
thcr pleas, and the case was continued. Ii I
he case goes to the Court of Appeals (as it /;
yilD the main question of the legal liability !
f the defendants in such cases will be set
led. Outside OF the courts, the moral
question as. to the duty of the county
O pay these bonds is pretty tho
oughly discussed, and its consideration
.annot be ignored. While it is not at
III wished that the guarantors should meet
he alleged obligation on them, yet when
he plaintiffs, in some cases, actually bor-
.owed money to show their patriotic desire
% loan money to the county on.her pledged
good faith, they now regard it as hardship
% have Reputation plead upon them, and
successfully, too, because they gave "aid,
counsel, aud encouragement to persons in
armed hostility TO the United es"-or,
IL other words, because they were rebels!