Arkansas. Supreme Court. [Gideon Pillow v. Brown & Childress as executor of John Pointer, appeal from Philips Circuit Court]
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Gilder Lehrman Collection #: GLC06244 Author/Creator: Arkansas. Supreme Court. Place Written: Little Rock, Arkansas Type: Manuscript document Date: December 1870 Pagination: 19 p. : docket ; Height: 32.2 cm, Width: 20.3 cm Order a Copy
Supreme Court of Arkansas case. Involves Pointer's sale of 85 slaves to Pillow on 28 December 1860. Discusses the legitimacy of enforcing slavery related cases. Focuses on unpaid debt, and interest on unpaid debt, that might have accrued during the course of the Civil War. Cites an earlier precedent from the 18th century: "This question first arose in the United States shortly after the War of 1776 and it was held that on contracts made before the War, when the parties belong within the opposing forces, that the debt was suspended and that interest did not run (accrue) unless the creditor enemy, either in person or by agent placed it within the lawful power of the debtor to pay the debt. This position was very ably vindicated by Mr. Jefferson, then secretary of State in his celebrated reply to Mr. Hammond, the British minister plenipotentiary, and has been repeatedly confirmed by the late decisions made by the United States Circuit Court and by courts of the different states" (6-7). Pages 15 - 19 contain a copy of the final decree. The court orders Pillow to pay $152,914.90 to the apellees on or before 1 June 1871.
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