The Orangeburg news. (Orangeburg, S.C.) 1867-1875, June 28, 1873, Image 2
TWO DOLLARS PER ANNUM. }
<! ALWAYS IN ADVANCE
VOLUME 7.
SATURDAY MORNING, JUNE % 1873.
NUMBER 22
THE ORANGEBURG- NEWS
PUBLISHED AT
0 TTAtST GrTT/R XJ Tt O
Every Saturday Morning.
BY THE
?RANGEBURU NEWS COMPANY
TERMS OF SUBSCRIPTION.
Ono Copy for one year. $1.00
" " ?? Six Months...,. 1.00
Any one sen.ling TEN DOLLARS, for n
Clnb of Now Subscriber*, will receive nn
EXTRA COPY for ONF. YEAR, free of
charge. Any one sending FIVE DOLL A US,
or a Club of Now Subscribers, will receive
*n EXTRA COPY for SIX MONTHS, freo of
charge.
?:o:?
RATES OF ADVERTISING.
1 Square 1st Insertion. $1..r>0
it it 2d " . *'00
A Square consists of 10 lines Rrevicr or
ono inch of Advertising space.
Administrator's Notices.$5 00
Notices of Dismissal of Guardians, Ad
ministrators, Executors, .\c.
Contract Advertisements inserted upon the
most liberal terms.
?:o:?-.
MARRIAGE and FUNERAL NOTICES,
not exceeding one Square, inserted without
charge.
-?:oi?
' w&- Terms Cash in Avance, ""?a
J. FELDER, MEYERS,
TICK AT. JlIfTTTlCte.
OFFICE COURT HOUSE SQUARE,
\Vill give prcrppt attention to an business
entrusted to him. mm-20?tf
Browning* & Browning,
ATTORNEYS AT LA\Yt
OIMXGEBUKG C. II., So. C a.
Malcolm I. Bkowkixg.
A. F. Browm.no.
nov 4
AUGUSTUS B. KNOWLTON
ATTORNEY AND COUNSELLOR
. A T L A W ?
OIlA\OCKt:RG, S. C.
July? If
W. fi. W. RILEY
TRIAL JUSTICE",
ftcftidence in Fork or Ed Is to,
ALL BUSINESS ENTRUSTED v ill be
promptly and carefully attended to.
july28 l.V
LEO
DR. T. BERWICK LEGARE,
SURGEON DENTIST,
Graduate llaltimorc Col lego
Dental Surgery.
OFFICE MAHKF.T-ST. OVER STOKE OF
J. A. HAMILTON,
METALLIC CASES.
'THE UNDERSIGNED HAS ON HAND
>?ll of the various Sizes of the above ('uses,
which can be furnished Immediately gu ap
plication.
Also manufactures WOOD COFFINS as
usual, au'I at the shortest notice.
Apply to II. IUGGS,
mar 5?Om Carriage Manufacturer.
T. F. Baouia. II. It. II u Daiks
II. C. IIl doins.
IKRO?IE & CO.
COTTON FACTORS
and
COMMISSION MERCHANTS,
NORTH A TLA STIC WHA RF,
CHARESTON, S. C.
Liberal Advances made on Consignment,
ibinat to Andrew Sirnonds, Esq., Pres t
1st National Bank, Charleston, S. C.
may 21 weo tf
WASHINGTON HOUSE
BY
Mrs. M. W. Stratton,
coaaaa
CJERVAIS Si ASSEMBLY STREETS
COLUMBIA, 8. C.
Convenient ?0 the Greenvilla and Charleston
Railroads and the Business portion of
the City. Rate of Traaaieut
Board?Two Dollar?
per Day.
Regular Board??r? received at Reasonahln
?tes.
?e?J )P f
Important Homestead Decision*
Western District of North Coro?inn.
District Court, June 3?tf. 1873
fu re Jordan, |
Bankrupt, j In Bankruptcy
In tliis case it is certified by the
Register, that the following questions
arose in ttic course of proceedings, were
stated and agreed to by tho counsel of
the opposing parties, and presouted to
this Court lor adjudication :
1st. "Is our present bniikrupt law
unconstitutional because ndt uniform?"
2nd. "Can tho Bankrupt-Law have
a retrospective effect without impairing
the obligation of contracts uud has ('on
gross such power V
3rd. "Is tbo petitioner entitled to
said lands (the homestead si t apart by
assignee) as part ot his rightful exemp
tions as against a judgment rcudorod
piior to the ratification of the Constitu
tion of North Carolina upon a contract
made before the present bankrupt law
was enactc/i ?."
?lib. 1 Should not tbo lauds ho sold
by the assignee, and the proceeds arising
from said sale be distributed anapng the.
er? dit?rs whose debts were made b<dbre
the ratification of our present tato
Constitution Y"
A written opinion was ?lod^by II. G.
Kwort, Esq., , Bogist er iu BuHkruptcy,
npou the various questions certified.
Graves A- Llyniati, Att'ys fur Bank
rupt. Bickens, Attorney for croditors.
Pine, J.?1 concur in the nblo and
well prepared opinion of the llogistcr
upon 'lie several questions which have
been ccrtiliod to this Court for tedju li
cation.
Tn re Beckerkord. -1, B. II. 59, the
C. 8. ( ircuit Court of Missouri decided
that, "The provisions of See. 11 of the
Bankrupt Act adopting the exemption*
.in favor or rxiu-uthui liei.t. rw u-i.tdi. Ii I
by the laws of the several States does
not destroy tlu uniformity of tbo Bank
rupt Act, noi violate any of tho pro
visions of the Federal Coustiiuti n? "
'I ho question decided was diieotly
presented for adjudication; an 1 tbo hpiu
?ion of Miller ? Krekel. .1. ?7. is positive
and forcible and seems to h tve been
well coos'dercd.
1 feel safe iu relying lipon any legal
decision of Mr. J Us tic Miller, aa there 1
is no Judge in any country whoso j ltd i
cial oj inions are entitle 1 to more con
sidemtiou, or greater weight of author
i,y;.
The amendment cf .Tune Stb, 1^7-.
does not materially vary the question of
uniforuiity decided in re. Bcckerkord,
as it only changes tbo date WhOU the
?Stale exempt ions are adopted ; and the
Act. of March 3rd, 1 ST.'I declare* the
true intent and meaning of the Act of
June Sib, 1372, and re enacts it with
some alterations rood red necessary by
the circumstances ol the times.
The general policy and purpose of
bankrupt laws is to make an equal ilia
triuution of the effects of an insolvent
debtor among all of his creditors, and
then discharge ah hpu'est debtor from all
? nur debts.
Before the adoption of the Federal
Constitution each Stato possessed the
general powers of sovereignty and cool I
pafs bankrupt laws to operate up ui its
own citizens, but could not affect the
rights of-the citizens of Other States.
As it wus easy to foresees that ll; re
would be many business transact ions
and much coiniimrcial intercourse be
tween the citizens of the several States
which would necessarily | r idiico eon
sldcranle individual indebtedness, which
might tesuii in extensive financial
embarrassments' ; It was obvious to the
farmers of the federal constitution that
the benefits of. u wise, humane and
general system of baukrupt -y, wliieb
might, under curtain exigencies, become
necessary to promote tbo happiness and
commercial prosperity of the nation;
could only bo effectually established, by
tbo federal government adopted by the
people of- the several States lor general
and national purposes.
To provide for any emergency that
might arise for a general bankrupt law,
I the. constitution vested tho necessary
sovereign power in Congress, Vith no
other limitation than that the laws up
on such subject should bo uniform in
their operation a nong the several
States.
Tho uniformity required is as to the
general policy uud operation of such
laws: as for instance, that the common
law ri^ht which a debtor b is t > prefer
oho creditor over auothor nhall be taken
away and his property bo equally dis
tributcd among all of his creditors : that
bankrupts who make an honest sur
render of their effects shall be dischar
ged iiouj ull prior debts?that, all ques
tions relating to bankrupt-., their estates
and creditors shall bo udju<tcd and
administered in the same courts and by
Hie same l o ins and modes ol proceed in?;.
'I hese general purposes of bankruptcy
are c< rtaiuly provided for in tbo present
Bankrupt. Act, und are everywhere
administered with' uniformity in ?the
i federal courts; and this is the extent of
I he uniformity re>.;uired by the coustitu
j lion to Uiulce such laws operate equally,
justly, effectually and beneficially in
every purt of the nation.
I The Bankrupt Act in some minor
particular must necessarily operate
differently in the different States. Thus,
the bankrupt law regards as Valid the
le^al and equitable Pens existing by law
in the f?V?rul States; aud as tho uaturo,
force and effect of snob licus are depen
dent upon local laws they will, in some
rospecls, be different in the different
States.
The Iuiglish doctrine of the equitable
lirjQ of a vendor ?r< purchaser of real
estate is organised in sjine of our States,
I nnd not in others; and \'hc.rc it exists it
is cufbicud iu tie courts of bankruptcy
A bankrupt court adjusts tlto iights of
creditors, and adiniu"nters tho effect of a
bankrupt, subject to the charges: wheth
e by Way ol lien or exemption, which
are created by the laws ot" tho St at.-s?in
Which Mieh court is be!d ur the j report \
to be dis| osed of is situated. This rule
was adopted to make the bankrupt law !
as uniform a- pi s>ib"o among the State.-,
by recognizing focal laws and thus pre
serving the harmony and spirit of com
mniiity Which should always e.ri-l be
tween the Cede ml and State government.
? Tliis ruie doe.- not violate but r.irri
?tnto-rri et ill ul fro vision of cTic consti
tutioii whic.l requires till national bank
re.pt laws to be Ui ilbrill ill their opera
ti u among ilie b vOral States.
Tho priuntpl^s involved in the second
question jQurtjficd by the ltegistor ar?: ton
bbiviuuRf and too well settled by buincr
pus adjud cations, to need a ?y fu tln-r
discussion f'onpross certainly has the
plenary und parauiouui pow*br, si\.- the
re.-trictiou above considered, to pass,
bnnkmpt laws which will not ouly im
pair the obligation of contracts, but
entirely discharge the debtor from such
obligation; uo matter when or where
eon tin rtod. Congress also has the power
in establishing a uuiforru system ol
bankruptcy to <lo awiy with the effects
of liens created by the judgment of any
court 1 f a judgment can be discharge 1
by a bankrupt law, there is no re..sou
why a lieu which is an incident to a
judgment run not also b.: discharged'. A
lien by j idgctho it d ioh n >t er ? iro any
vjtftat ritjht in the property subject to
such lio.ii; which the constitution protect
from legislative encroiohuiaut. It is
neither a right in, nor to such property,
hut simple a charge imposed thereon by
statute. It is a put of tin* remedy .vhi h
the local law gives a creditor in tho col
lection af his lohts, and o particular
remedy is not a vested right. As a
general rule every State has ooniplute
control over the rem ,: which it shall
afford to parties in its con t. Ijortott v
McPall. UG N. C. 150; ...Id v. Adams,
ibid, 1?4, Coolcy Con. Lim., "5~,
'MA.
The extent, force and effect of a lien
created by :i State .-tafele must d/*pond
upon tho interpretation given sutjh sta
tute by the highest court of the State
Wo have seen iu the cases above cited,
that iu this State a judgment lieu is not
u V Ca ted ri^ht. As u remedy it may be
modified by the legislature, nnd any
change that does not virtually destroy
the remedy, does not impair the obliga
lion jf existing eoutraets.
The homestead laws of this State do
not nbulish judgment liens, but merely
postpone tho time of their enforcement.
This modification of a legal remedy m .y
well be regarded as resrouuhlu by a court
of justice which takes into consideration
the anomalous condition of things exis
ting when the modification was inado nnd
and that it wus prompted by n wieo and
human policy which must necessarily
mult in the general public good.
W hile the States are prohibited by
the Constitution from impairing the
ebligation of contracts?cither diroctly
or by virtually abolishing cxisliug rome
dies- no such inhibition is impo*od upon
CoDgress. The \ owor expressly coufer
red upon CuDgress to tunot mi if or in
buukrupt luW8,3is necessarily an express
power" to do away entirely with contracts
as such a result is the very objcet and
essence of bankrupt laws. 1 Jut it is
insisted that while-vCongrcss may have
this pa in mount powci' over contracts, if
exceeded its authority iu enacting that
State exemptions siuM be "validugiiust
liens by judgment or decree of any Stato
courts" This is equivalent to saying
that the'?tfontrtict m^. bo impaired, but
tho rcmmltf must not-oo interfered with
? the jiriiicijml may he destroyed, but
incident is protected gtgainst le gislative
There is nothibjn in the nature ol
/it iix vthy they shcu'.l be thus specially
protected, as they an: not vested rights; ;
but there are strong reasons why they ]
should Unt be recognized and enforced
1 bankrupt laws. The eu!orcument of)
liens is ccrtaiuly contrary to the policy
of a general system of bankruptcy, tho
object of which is To distribute the es
tate of an- insolvent debtor among all ol
Iiis creditors, upon tho prineiplo that
cijuality is equity. Liens, upou general
principles, certainly deserve ii" special
lav or, and protection In bankrupt laws.
1 lie r.ankrupt Act, before the am ind
incut of March 3, 1S7M. In express
terms avoids liens volid it ider Si itc
laws ami created by tbo levy id an at
tiicbmeut witbiu foutt mouths before the
commencement of proceedings iu bauk
ruptcy, and this action of Congress is
generally conceded to be constitutional.
Congress has even interfered with
rr.-t/ttl n'tj/its, for by rho 85tli section ol
the Bankrupt Act, assinumeuts and
uouvoyunccs u.udo uud*r certain uircutn
btauces are avoided, although such a-'
sigumeats aud conveyances are vilid at
common law and under' tho Uws i f the
State, and the parties*have acquired a
complete title and possession of'the pro
pcrty conveyed,
i have a very dceideil opinion that
Cougjress di?l_ii?.t earawltho .limits of its
t> nstitutionul powers in enacting t'..?.
.\el of March 3, is::i\l al-o think
tlu.t Congress, under its general powers
over the subject of bankrupt y could
UVoid till ileus, whether oxu'iug by
statute, by usage, 1>\ express cojittact,
or at e,.uiinm law.
The Ouse ?d'j?uiiu v. JJ.it ry, rcently
decided in tho Jjupreme Court of the
United States, ha i..-- :i ctlllol to my
attention in the argument, an 1 is w >r
thy of uiy'niost careful e< usidcr.itiou, as
it is au exposition of the law by the
supreme judicial tribunal of tbo nation.
The opinion is read with groat interest,
both by lawyers an 1 laymen, i i every
section of the country, and the d cUion
may result in scri eis consequences to
many of our people The questions ?f
law luvn]jycd have bo n frc'Uuiilly dts
(Missed l>y able counsel, und luve bocu
lecided differently in many of the ?$u
prciuc Courts of the St tcs. The "pin
Sou of Mr. Justice Swayue is not elabor
ate, and the questions presented are not
as full) considered ;.s I i...J (supposed
they would have been, on account o*
their importance and general public
interest, when the homes of tens of j
thousands of our unfortunate citiscus ^
may depend up ui tho docisiou, and
when the action of so many state e in
ventions, legislatures and supreme'
courts tuny be overruled.
? The abstract principles decided iu
Gunn V. Cany, are ami uu ecu in al
most tho same luuguugu t" l<" good law
iu IUI v. Kessler, in tlie Supremo
Court of this Stato, and the apparently
different decisions iu the two cases iu..y j
be easily reconciled. The de.daion iu i
(iunn v. JBurry would have been ma le
iu 11 ill v. Kessler under a similar state
of fads. The exemption law Of Geor
gia gave a ho'DOStcad absolutely to the
debtor, and deprived tho creditor of all
remedy. Tu Hill v. Kessler, it is cou
ceded that if a Stale abolish or injurious
ly change the legal remedy existing at
the time a contract is made, such action ,
would he Void, OS. ill violation cd the
Constitution of the United States. In
both the cases which we aro considering
it is agreed that a Slate may change
legal remedies provided such change
does not impair a suhstant iul'right.
Such changes *ve usually made to meet
sumo new condition of things, and is
iiillucnccd by reasons of public policy
The legislature is the proper body to
consider und act upon questions ol pub
'ic policy,-und the legislative will, upou
such subjects, gougbt to be regarded as
tho law. of the land by the judiciary,
unless it is manifestly in violation of the
Constitution.
Imprisonment lor debt was a remedy
iu th.B State tor the eulorcement of cou
tracts. The legislature thought this
remedy a roljc. pf Barbarism and ought
not to cxistt in ;i Free, eulightened and
Christian State, and such remedy was
abolished. The constitutionality of this
legislative netion would be sustain d in
any court, although it impaired cxistiog
und mbttatttitU riyht*. 'i he enlightened
legal principles that control this ques
tiwti will certainly sustain the homestead
laws of this State, upon the grounds of
humanity and a wise public policy.
These laws do not destroy vested lights,
disturb specific liens or abolish any
hg;l rciycdy, but only postpone the
time of their enforcement..
1 do not regard the case of Hill v.
Kessler as overruled by CSunn v. Barry,
but I will not consider tnequcstidi fur
ther, as it belongs more appropriately to
another tribunal.
The question presented for my deter
mination is ?how fur does the case of
Cut.ii an 1 Harry effect the homestead
rights uf insolvent debtors iu a c ?iirt of
bankruptcy. In that case it Is decided
thus: ''Congress cannot, bv authorization
or ratification, give the slightest effect
to a State law or Cuustituiiou in COuflict
with tl.e Constiiutiou of the Uuiteq
States. This instrument is above ail I
beyond the pofrftr of Congress and
the Ft; tCS,'and is alike obligatory dpon
both.''
1 admit the soundness of tho legal
principle so clearly and forcibly ex
prosed. A State statute that is in vi
"1 it ion of the Constitution of the Uni
te*! Slates, is absolutely void, and no
power in the government can give it
vitality or authorize ita operation as a
Sfn/r [jUMM > ?
j lint there are sotoo subjuot upon
which attain ? uiiitut ii_hiluUy legislate
and \<t Congress nuiv do so under the
Const it utiop. A Stale can not euiu
money, emit bills of Cfcdit; make any
thing h it gold and silver coin a tender
j oi pit) incut uT JcUs, iScc~J bur. Cyugrosf
ea.i pass laws upon such subjects, and in
legislating may adopt and enact the
very pt'iit'jiples iiifd terms of an uncoti
stilu'ioiiltl State law. If thi> State hud
adopted the present bankrupt law it
WQutd have been uocous'.il utional, u- it
impairs the obligation r.f contract* pad
afftcts the ri^ht of the citizetis ol* other
Slate.-. Coiijjihowev l . Could a l ip t
the very language ard jodflctplcS uf
sneli Slate law im I etiast it as a na
tional law; ami such aetioii would be
uoiistitutioual, as it would constitute a
By Ft otii of bankruptcy uniform among
ihe State-.
The A el of March Krd, iS73, docs
not profe s, by ''authorizition or ratifica
tion." to nn.ke valid State exemption
laws which uro uueoiistitutioua.1, but
adopts the principles of such laws ami
to a certain extent makes the u a part of
the general Bratikrttpt piw. Tho Act
SiU's in expre-s ter n- "thit the CXCuip
lions allowed life bankrupt shall be tb !
tanount all. we*! by tho Constitution ,tuJ
laws of .each Stute respectively <i* z.c *t
iu the yi tr oighleeu luudrod and
seyeiijY-Jue.'' Ii will be observed that
the Act of March 3rd, 1S73, ma kos a
ma'eri.tl change in re-enacting the Act
ol Jujie Sth, 1 <7-\ by substituting the
Words ft* trhf'tirj in place of the words
III farce. Ii is manifest from the terms
of the Act ol March 3rd, IS73 thai the
object of Congress w;;.-> to dq away with
n difficulty that arose under tho Act of
June Sth, 1 ~72, by some State court
declaring that exemptions to debtors in
St:;to C institutions and iaw.s ware not in'
force : s Ij antecedent debts, an stich
part of Mich laws VCJQ in pop flic t with
the Cuustituiiou of the United States.
Congress therefore expressly declared
that such Stale exemptions should he
valid against antecedent <1 Bts j and
ihtiuxtria substituted the \\ irds a*<v<
iwf iu place ol the wor Is .?/V..v, and
intended that the exemptions allowed
under the bankrupt law should be the
(/;//. mit dcsiguulcd III ItllC Constitution
Slid laWS of the States respectively in
existence in the yo-tr I ST 1 ^ evon f such
laws us State late*, should be declared lo
be unconstitutional by the Courts. As
tho power of Congress over the subject
of bankruptcies is plenary an 1 para
mount aud ns its intents isi so clearly
manifested by its action, we are 6* the
opinion that tho Act of March Urd,
1873 is constitutional Sud must be
administer.d iu the bankrupt* courts
according to its true intent and meaning
unmistakably oppressed in its language
The exceptions to the report of the
assignee are disallowed, uud &*ul report
is iu nil things confirmed.
KOHT. IV PICK,
L ?V. Djfr Judge.
A Np?v Hampshire Farmer.
He rs Made Crazy uv IIapt) Work
IN i'l.UIttlJA.
A cnrrcspnii i'Mit of the New York
.Smi tells the following story : About
three years agon farmer named Sawyer
came to New Smyrna; Florida, from New
Hampshire. He lound a fine hammock
ridge three miles south of the hotel and
pre-empted it. It was situated on the
edge of the Hillsborough river, nnd
covered with beautiful cabbage palmet
tos. The groat Tumbull swamp
margined it on tho west. Sawyer went
to work with the indomitable energy of
the true Yankee farmer. He built a
log shanty eight feef squaro, and thatch
cd it with palmetto leaves. He was
alouu, having neither wife nor children.
Up at daylight in tho morning, be
worked until dark, outtiug out the thick
tropical irntlergrowlh, und burning out
the sinewy trees. Tbo hot summer days
came, but the New Hampshire farmer
to >k no rest. Morning, noon, and night
he labored the same as he Would have
worked upon a farm among the Granite
bills. Tho cTimaf? fulled to make him
lazy: His nearest neighbor was three
miles away. Occasionally ho paid]
itiin a visit, but always after dark. His
furniture was of the primitive order, and
lie slept upon a bed of Southern moss1
which he gathered from tho cypress
trees in Turiibull swamp. Y*?iiitcr was
tbo same to him as summer. ' It did not
light, n his labor, except that the days
wore shorter. There was neither snow,
ice, nor frost. In fact be could raise
moro iu January and February than be
could iu August or September.
Within a few months Sawyer cleared
up two :icro*s of ground. He planted it
with corn, beans, and potatoes, occasion
ally setting o it a bitter swqj| orange
free... The potatoes uu-1 boans turned
' opt well, but tho coru did not amount
I to much The orange Jtreos, however,
' thrived ^'wonHarfullyJ Sawyer lived up
*oU the fish and ovs'cr.s that filled the
river aud upon |lhe vogelab'eA that be
had cultivated. Tho wood5 were full oi
game, aud be never suffered ? u nless
through want of a rasher of bacon. Iu
flic spring of tue year the beach was
! lined with turtle?' rggV, and thesu were
I always easy to got. Wild phtnis aud
glU'Ct as Mveet as hou.-y flourished in
the forests, while oranges and lem ins
euuld be picked by tbo bushel iu nearly
every thicket.
Once in a while a neighbor ca'ljJ up
on Sawyer. The latter treated Iiis visi '
tor cuui teously, but never stopp ;d work
to talk with biai , The New England
man was cautioned against excessive
labor, but ho insisted that it woul 1
never hurt a nun to work, and paid no
att-mti m to the warning. The second
stitmfh r was unusually hot. One day a
native discovered the Yankee farmer
b< eing corn in the burning suu without
bat or shir'. His skin was blistered by
the beat, and bis face was d ipping
with sw. at. Sawyer declared that the
spirits bad visited him during the night,
and told him that Adam had worked in
the harden of Kdon without shirt or bat.
and that he would find it m >rc c imlbr
table to follow Adam's example. Ho
declared that the spirits cauie to hi n
every night, and dictated to him laiij;
reams of manuscript.
It was evident that Sawyor was be
coming crazy. One. day bo disappeared.
Ho was gone for,n week. Wheuhcra
tuined be roamed the woods at night
beating n tambourine. But there was
no let up to his work. He hardly stop
I : \ for dinner*. I>ay after day bo toiled
in the 'broiling suu until bis white skin
tin lied asbrua n as tho hide ol an Indian
ami his, blue eye? faded through want of
re t My this time be had sboa t oight
acres under cultivation, but he planted
aft bo Jn 1 plant'din New Hampshire,
and the results were not encoutoging.
In one of bis insane fits ho started for
i homo and the kind people of tho neigh
borhood scut him to his home iu New
Hampshire. IJo recovered bis senses
after spending some time in an asylum,
and his neighbors say that they have
received letters from Jiim announcing
I his intention of roturning to Smyrna as
sum as he oun raise money enough to
pay hu laro. As he has uot lived upon
his homestead lor nine mouths, tho land,
with all its improvements, is open to the
fl:st mail moan enough to squat upin it.
Ruch a person, however, would merit
and receive ^rough treatment from poor
Sawyer's neighbors.
Arabian Horses.
No Arab dreams of tying up a horae
by the nock; a tether replaces the halter
and one of the animal's hind legs is en
circled about the pastern by a light, iron
ring, furnished with a padlock, and
connected with an iron chain two feet
or thrcaboutsin length, ending in a rope
which is fastened to the ground at somo
distance by an iron peg; such is the cus
tomary method. 13ut should the animal
be restless and troublesome, a foreleg is
put under similar treatment. It is well
known that horses in Arabia are much
b?-s frequently vicious or rofractery than
in Kuropc; and this is tho reason why
gcldiugs are here so rare, though not
uukuown. No particular prejudice that
I could discover exist against the opera
tion itself, ouly it is seldo:n performed,
because not otherwise necessary and
tending, of course, to diminish the value
of the animal.
But to return to the horses now before
us. Never had L scon or imagined so
lovely a collection. Their stature was .
indeed somewhat low. I do not think
that any came fully up to fifteen bands
?fourteen appeared to be about their
average?but they were so exquisitely
well-shaped that waut of greater size
seemed hardly, if at all, a defect.
Jlcmarkubly full in the haunches,
with a shoulder of a slope so elegant as
to make one, in the words of an Arabian
poet, "go raving mad about it;" a little
?a very little?saddle-backed, just the
curvo which indicates springiness; a
head broad above, and tappcring down
to a nose fine enough to verify the phrase
of "drinking from a pint pot," did pint
pots exist iu Nedjee; a most intelligent
and yet ulngularly gcutlo look, full oye,
a sharp, thorn liko car, legs fore and
hind that seem it made of hammered
iron, to clean, and yet so well twisted
with sinew; a neat, round hoof, just the
requisite for hard ground; the tail set on,
or rather thrown out at a perfect arch;
co-it smooth, shining and light, the mane
hmg, but not over grown nor heavy, and
air and steps that seemed to say ''Look
at me, am I not pretty?" their appear
ance justified all reputation, all value, all
poetry. The prevailing color was chos
nut or gray; a light light bay, an iroa
color, white or black, wero, less common;
full bay, fleabitten or piebald, none.
Hut if asked what are, after all, the
specially distinctive points of a Nedjee
horse, 1 should reply, the slope of the
.-boulders, the extreme oleanness of the
shank; and the full, rounded haunch,
though every other part, too, has a
perfection und a harmony unwitnessed,
ut least by my eyes, anywhere else,
Nedjee horses arc especially esteemed
for great speed and endurance of fatigue
?indeed iu this latter quality none cotno
up to them.
To piss twenty-four hours ou the
road without driuking and without flag
ging is certainly something; but to keep
up tho same ab->: inenoo and labor con
joined under the burning Arabian sky
for forty eight lours at a stretch, is, I
believe, peculiar to the auimals of the
breed. Besides they have a delicacy, I
cannot say of mouth, fur it is common,
to ride them without bit or bridle, but
of feeling and obedience to the kneoaad
thigh, to the sHghte.it chock of tho hat
ter and the voice of thj riier, far sur
passing the most elaborate manrgegives* .
a European horso, though furnished
with snaffle, curb, and all. I ofVen
mounted them at tho iu-ritatlon of their
owners, anJ without sad lie. rein, or stir
rup, set them off at a full gallop, wheeled
diem around brought thorn up iu mad
career at a dead b ilt, and that without
the least difficulty, or tho smallest want
co/rc-pondenco between the horse's
movement and my own will; the rider on
their b.icu really feels himself the man?
half of a ccntnur, not a distinct being.?
I'n/gravi 's Travets in Arabia.*'
?'Why, lohabod, I thought you got
married mor'n a year ago?" "Well,
I aunt Jcrushn, it was talked of, but I
found out that tho girl and all her folks
wore opposed to it, and so I jest give
'em all the mitten and let tho thing
drop."
A beautiful young girl who has been
traveling io the West as drummer for a
wholesale grocery house of Boston, has
just boon discharged by her employer
beoauso she induced the retail dealers to
order tuoro goods than thoy were ab)o to
disposo of or pay for.
"K no cos of axoion," was the written
widict of a Moatieello (Iowa) jurj,
4 t/*at w? ?r* .?jtaitf'fe.* ***