Opinion of Chief Justice Moses

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Excerpt from Opinion of Chief Justice Moses: Concurred in by the Associate Justices of the Supreme Court of South Carolina, in Case of Floride Calhoun, Thos, G. Clemmson, Adm'nrs, Vs, M. M. Calhoun, D. G. Calhoun, J. C. Calhoun, Et, AlState, in relation to such contracts, whereby property is held subject to decision as to the validity of such contracts, are also hereby declared null and void, and Of no effect.Thirdly. On the Act to organize the Circuit Courts, passed on the 20th of August, 1868, which, providing for the transfer to the said Courts of all causes pending in the Courts of Com mon Pleas and Sessions Of the Provisional Government, and of all suits depending in the Courts of Chancery, excludes from such transfer, causes which are not cognizable therein under the Constitution.If by these several prohibitions it was intended to impose limitations upon the general jurisdiction, both Of the Supreme and Circuit Court, as conferred by the State Constitution, they must be respected and obeyed, unless in con¿ict with that of the United States. It is further insisted, on the part of the appellants, that even if the Court concludes that it has juris diction, the decree must be reversed, because slavery having been abolished both by the action of South Carolina in her Convention of September, 1865, and by the 13th Amendment of the Constitution of the United States, there was no con sideration to support the contract now sought to be enforced, the warranty of the vendor having failed. Although the defence is presented in various forms and propositions, we think we have fully stated its substance and essence in the language we have employed.About the PublisherForgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.comThis book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully, any imperfections that remain are intentionally left to preserve the state of such historical works.