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Conframp et al. versus Bunel U.S. 419 (1806)

handle is hein.slavery/ussccases0037 and id is 1 raw text is: CIRCUIT COURT, PENNSYLVANIA DISTRICT. 419 1806. Conframp et al. versus Bunel. CAPIAS. On a rule to show cause, why the defendant should not be discharged on common bail, the following facts were established by the plaintiff: That in the year 1787, the defendant gave his note for 55,000 livres, to a person of the namd of Hor- guetand, payable in two instalments, for value received in 55 ne- groes. On the 8th of February 1787, the note was assigned to the plaintiffs, and several partial payments were afterwards in- dorsed upon it. In November 1789, a suit was instituted at Port- au-Prince, to recover the balance; and a judgment, by default, was entered for 36,666 livres; to recover which was the object 9f the present action. For the defendant it was shown, that all the parties to the con. tract were French subjects, resident in the island of St. Domingo, at the time the contract was made; that they continued French subjects at this time; that in Augu.st of the year 1793, the French commissioners (Pulverel and Santhorax) had proclaimed, at Port- au-Prince, tde abolition of slavery, and the freedom of the ne- groes; which the national convention ratified in the February ensuing; 4 Edw. IHist. West 1nd. 14.6. 219. that, in consequence of this emancipation, the very negroes, who had been purchased by the defendant, had been taken from him; and that with a view to the calamitous situation of the colony, he following laws had been enacted by the French- government: 1st. Extract from the law of the 6th of Septe;nber 1802. Sect. 1. Until the Ist of Vendernaire 16th year all suits are sus-. pended as weil against the principal debtors as their securities br debts contracted prior to the ist of Yanuary 1792, for the pur- chase of real property, or of negroes. Sect. 6. The creditors may however take all conservatory steps for the preservation of their rights, and even have the C amount of their debts liquidated by judgments, but the execu- tion thereof shall be stayed according to the first section. 2d. Supplement to the above law, of the 12th of April 1803. The preamble states that doubts have arisen, as to the con. struction of the 6th article; and the supplement declares, , Sect. 1. That by the words conservatory steps (actes con- servatoire.) are not to be understood any acts, which would 1 prevent the effect of the suspensive clause of the law, such as cc attachments of property, levies on real or personal estate, oppo- L sitions to the payment of rents, or other debts, &c. Sect. 2. Oppositions (in nature of attachments) made to the payment of principal sums due to the dchtois, shall not pre- vent such payments, but the debtor shall be bound to make it appear

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