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jkdtau Intelligence!'. Thursday Morning, July 29th, 1869. ??????^i^?f SALDDA BAPTIST ASSOCIATION. The sixty-seventh anniversary meeting of this body will begin on Friday before the second Sal - bath in August. The Association will meet with Townville Church, sixteen miles west of this place, ia.a pleasant and'.hospitaMe neighborhood. Rev. W: E. Walters, Modesator; Rev. B. F. Mauldik, Clerk. ANDEBUON FARMES'S ASSOCIATION. The regalarly quarterly meeting of this society will be held in the Court House on Monday nex;. Arrangements onght to be made at this meeting fo *? the annual.fain-in November, and* it is- hoped thero will be a general attendance of members and a' I others interested in the agricultural prosperity of this section. .-o AIR LINE RAILROAD. A large and influential meeting of the citizens of j Harb County, Georgia, waa held at Hartweli o. Friday last, with a view of obtaining subscript ions to this enterprise.. Addresses- were made by Messrs. W. F: Bowers and F: B? Hodges, of Hart, and Gen. J. W. Harbison, of this place. Consid? erable enthusiasm was evinced, and county and in? dividual subscriptions will be mads- to> the extent of at least $100,000. DISTURBANCE IN EDGEFEELD. Rumors indicate that they are having serious disturbances in Edgcfield. It is stated that a body of armed negroes, urnler ihc leadership of Pr'l. Eichelulroer, a notorious scalawag, seized the jail on Friday last, and: have made diver? threats against the peace and good order of society. ft? the three prisoners in jail, one negro wss released, and two white men were threatened with hanging unless they disclosed all they knew about the Kn Klux. These negroes avt armed with weaponu sent there by Gov. Scotx. We learn from a pri? vate source that two hundred standu of arms were sent up to Abbeville on Monday last. Evidently the militia is being armed to. serve Radical pur? poses. -<?> EXCURSION TICKETS. We learn that the South Carolina Railroad is selling excursion tickets from Charleston to Look? out Mountain, near Chattanooga, and return, for one fare, which is $22. Would it not be well for the South Carolina Read and the Greenville Road to offer excursion tickets front Charleston er any ether point on the line 1? Stumphouse Mountain, near Walhalla, at similar rates ? The scenery in and around Walhalla is scarcely inferior to the famed beauties of nature in the vicinity of Chatta? nooga, and this reduction, in price would enable many persons, especially in. the low country, to avail themselves of an opportunity to> enjoy the ' scenery and get away from the excessive heat. President Hammett will please make a note of the suggestion. There are several articles published upon our outside pages this week, concerning the pres? ent aspeet of a ffairs in South Carolina. Some of the statements therein contained must be taken turn grano salts, especially such as arc set forth by the Commissioner of Agriculture?a young man of highly imaginative powern?when be discloses the astonishing yields of corn in this State. We would also caution our readers against placing too much reliance upon the favorable view of the New York Times as to the financial condition of the present State government. We give place to these articles for the purpose of enlightening the people in regard to the means em? ployed to secure the ruling administration respect abroad. A total absence of that feeling at home induces them to seek favor and consideration be? yond its borders. THE COSTUME BALL Air WILLIAMSTON. The junior of the Abbeville Press had the pleas? ure of attending the Costume Ball at Wilh'amston on Wednesday evening, 21st instant, and states that a number wero present from adjoining Dis? tricts, and that the occasion was one of much en? joyment to all. The Ball cane off in the spacious hall of the Williamston Hotel, and music and dan? cing formed the staple of the evening's entertain? ment?even to the " wee sma' hours." The cos? tumes were nicely gotten up, and the music was all that could be wished. As a fitting close to ** the revelry by night," everybody went home vith his sweetheart in the morning?the junior included. We regret that circumstances prevented the In Ulligeneer corps from being represented on this oc? casion. THE APPROACHING ECLIPSE. Those of our readers who have observed their almanacs this year are already aware that there will be a remarkable total eclipse of the sun on the Tth of August. The belt of country in the United States over which the eclipse will appear total is nbuut 140 miles wide, and from the coast of North Carolina stretches away, in a northwes? terly direction, through that State, Tennessee, Vir? ginia, Kentucky, Indiana, Illinois and Iowa. As we are off the line of total obscuration, a small portion of the Southern disk of the sun will be visible here. Generally speaking, sayu the alma? nac before us, this eclipse will begin in South Carolina a few minutes before 5 o'clock p. m., in? crease for nearly an hour, when it will reach itu greatest obscuration, and pass away in about one kour more. The last total eclipse which passed over any inhabited parts of our country occurred in 1834, when the Southern corner of our State was in the path of the moon's shadow, and many years will elapse before a similar occurrence will take place here. THE STATE PENITENTIARY. The escape of convicts from this institution is becoming quite-a nuisance. Every few days we ob? serve the mention of another b*tob> of prisoners escaping from the guard, generally composed of negroes, we believe. In addition to this taking of French leave, Gov. Scott recently pardoned six? teen coavicts. There are about four hundred in? mates of the Penitentiary, seven-eigths of whom are colored Republican voters. At the present sate of diminution, these will all have been sot at liberty in ample time to- exercise the right of suf? frage at the next general election. It is also ru? mored that Gen. Stolbband, the Superintendent, who is likewise Commander of the Grand Army of the Republic for this State, his 10,000 stands of arms-stored away in, the Penitentiary buildings. Are the convicts drilled'in the manual,, iu order to fit them for the advance guard of the militia t We are reliably informed that the wall of the | main, building has not received a single atone since the removal of, Maj. Lue. from tho position of Su? perintendent. Th,e outer wall enclosing t!i;>grounds has not progressed any more rapidly. How axe \hQ laborers employed?- I TEE ATTACK OK GOV. SCOTT AND THE BLUE RIDGE RAILROAD. "Lux," a correspondent of the Charleston News, writing from Columbia, has made a fierce attack upon &vr. Scott, and through him upon the Blue Ridge Railroad, in regard to the late- bidding for contracts to complete this important werk. The statements of ''Lux" were made with such appa? rent confidence and sincerity that we have been induced to seek information from a reliable source, and have come to the conclusion that these asser? tions of "Lux" concerning what he is pleased to term the "ring" are to say the least greatly ex? aggerated1. We understand that a simple state? ment of facts has been furnished for publication by the Executive Committee, and for an explana? tion in detail that may be referred to by our rea? ders. It is well to state, however, that the Execu? tive Committee awarding the contract consisted of Got. Scott, Gen. Harrison and Geo. S. Cameron, Esc^aH of whosa concurred in the arrangement finally effected; and that Mayor Pillsrury is not a member of the Executive Committee, was not present, and had no-connection whatever with this ! contract, as has been insinuated by " Lux." The several contractors offering proposals to build this Road were treated with the courtesy, fairness and impartiality usually accorded in such matters. The Executive Committee, having in view the enlarge? ment of their first mortgage in order to cover ac? tual cost of construction, the importance of an I early commencement and rapid completion of the work, deemed it judicious to change their first programme, and to uegotiate for a contraet which I would enable them to effect these several objects i without using or hypothecating any portion of their present assets. To do this it was necessary that a large amount in cash and in work should bo advanced by the contractor, and upon such , terms all the bidders were requested to re-model their proposals, which proposition was acceded to and acted upon by several. In their second pro? posals, however, all butCRRSWBLL & Oo (to whom the contract was awarded) increased the prices at least ten per cent, above their original bids, and required that bonds of the Company should be placed in such position as to be bypethecated for their use and benefit, whilst Creswell & Co. re? duced their original prices at least ten to twelve per cent., thus making them the lowest bidders, at ; the same time agreeing to make the necessary ad? vances to the Company, without obtaining the possession of a single bond for nine months. Un? der this arrangement, the bonds of the Company will remain in the absolute possession of the Ex? ecutive Committee. It would be manifestly im \ proper for the Company to publish to the world at this time the precise figures and prices for work, as the contract is yet in embryo, and many details , are still to be negotiated. We can state, however, ; that the contract as awarded will not exceed the estimates of Chief Engineer Lowe so much as > eight per cent, in the different classifications of werk. This increase above the estimates would hardly seem to be an extravagant allowance for the unusual advantages offered the Company by these contractors, and the very large advance to be made by them Mould indicate their ability to faithfully perform their obligations. We are not the apologist of Gov. Scott, as our readers very well know, neither is it our province to defend bim against these attacks upon his in? tegrity and want of sincerity in professing to be a friend of the Blue Ridge Railroad. But, never? theless, his public messages and private acts, so far as we can judge, abundantly prove that he is anxious for the completion of this important en? terprise. We are assured upon high authority that Gov. Scott has always manifested the utmost zeal and activity since he came into office for the best interests of the Road. Further than this, it would be impossible for us to exculpate him from the damaging charges now preferred against hin:, but as we have shown that the writer is not infal? lible in other respects, it is not fair to presume that he is liable to error concerning these allega? tions ? -o "THE RULING PA3SI0N STRONG IN DEATH." The lore of office among the political lights of the present day has been too often exemplified in South Carolina to need any fresh demonstration. It is admitted on all sides that only for the spoils of office and opportunity for public plunder there :ould be no possible adhesion of the incongruous elements now controlling affairs in this good old commonwealth. Indeed, this same thing of office ie;king and office-holding is about to prove the bane of the Radical party, and split that organiza? tion in twain. But of this more anon. It is merely our purpose ? this article to point out the singular tenacity with which the members of the iepublican party cling to office when others are appointed or elected in their stead. The first most striking instance is that of the late City Council of Charleston, headed by a Republican Mayor, and nearly all of them appointed by the military authorities during the reign of Sickles and Canbt. The appointees were of course expected to take the iron-clad oath, and as such proved their loy? alty. When their successors were elected, they steadily refused to give over their places, and con? tested every inch of ground until the finale was reached, and tbey were compelled to vacate ! In this effort to retain power, it is fair to elate, the City Council was supported by the Democrats so long as there was reasonable hope of defeating the other party, but these Radical "ins" carried the :hiag too far and disgusted sensible people with .heir pertinacity. The next instance occured when rhe new Council attempted to fill the city offices with their own selections, and it was necessary in order to remove the incumbents to force open the -*oors and break locks in the night-time ! Thirdly, and lastly for the present, Collector Mackev re? fused last week to deliver over the office to his suc? cessor, ex-Mayor Clare, and they bare had a beautiful scrimmage concerning the occupancy of tne Post Collectors' office. Well, these exhibitions of love and affection for the places of power and money, especially the latter, may have a tendency to open the eyes of the colored people, but for whom nine-tenths of these great (?) men would now be in perfect obscurity, where they belong. We can afford to bide the time when this deluded race will spurn from their confidence tho horde of carpet-baggers and worthlcsr renegades, ("miser oble vermin," as the New York Tribune calls them,) who have crept into high places by tho negro's vote. IMPORTANT ANNOUNCEMENT. We are requested to inform the public that Mon? day next, according to usage, is tho regular sale day for the month of August. The slim attendance on similar occasions in June and July makes some of our friends apprehensive that the people have forgotten the day, or else have come to the conclu? sion that in the new order of affairs its observance has been abolished. -? At the recent term of the Circuit Court for Ooonee County, a white man was sentenced to tho Penitentiary for two years, convicted of Btcaling bacon from a negro ! The first convicts ever re? ceived at the Penitentiary of this State were two whjte tuen QojayiQtcd; of the. same offence.. COMPLETION OF THE FRENCH CABLE. The successful landing of the French cable com? pletes the two lines of tranu-Atlantic telegraph communication. In this undertaking, as in the former one, the Great Pattern has successfully performed one of those gigantic tasks which have given her, apart from her immense size, a world? wide reputation as a sufficient agent in the civili? zation of mankind by multiplying the links that bind the nations together. The French Atlantic Cable, which through her instrumentality now lies buried ont of the reach of ba:m in the depths of the ocean, is nearly 1,200 miles longer than the one now in operation, and is divided into six sec? tions?the two shore ends, the deep sea section (from Brest to St. Pierre), the western and eastern shore ends at that island, and the section to be laid thence to the Massachusetts coast. The deep sea line, although manufactured by the same com? pany, is said to be a decidssd improvement on the English line, and in circumference bears to that the relation of four to three, iis central coil being larger. More perfect insulation has also been se? cured by imbedding the wires in a new compound and covering them with four layers of gutta-per? cha. Around these is a web of steel wires, wound spirally, each wire being first bound with five strands of hemp, well saturated with a preserving compound. It is expected that it will be possible to send through this enlarged core twelve words per minute, and by improved modes of signalling it is hoped that even greater celerity can be attained. The entire length of this Cable will sum up 3407 miles. It is a commentary upon the stupendous progress of the age, that this wonderful enterprise?which only a short time since electrified the world?now creates scarcely a Comment, and certainly does not disturb the equanimity of events as much as would a spicy murder or any other stirring incident in human life. Vet, the result is cone the less im? portant, for the effect will be to cheapen ocean tel egraphy?there being no longer a monopoly?and also succeed in drawing more closely together, so? cially and commercially, the people of France and America. REV. SAMUEL A. WEBER. The friends of this talented young minister will be pleased to read the flattering mention made of him in the annexed paragraphs. Mr. Webeb de? livered the annual address before the Alumni Association of Wofford College, at the recent Com? mencement, and this effort is referred to as fol? lows by the correspondent of the Charleston Courier : On Tuesday afternoon the address before the Alumni was made by Rev. Saml. A. Weber. His theme chiefly was the Bible and its divinity, as reflected, demonstrated and iiustained by the achievements of the world of science. It was a learned and able production. With n mind of unusual vigor and grasp for one so comparatively young, the Reverend speaker grappled with the profound and intricate of science and metaphy? sics, and came forth laden with beauties and with weapons burnished from the conflict. His closing remarks, addressed to the Alumni specially, were very touching. He called the long roll of honored names who had perished in the late war, sank down in glory's bed, martyrs ef their loved South. He is a graduate of Wofford College and reflects great credit upon himself and the institution. Tho Spart nnburg Spartan spc iks as follows on the same subject: This young divine gave, in this oration, a fair exemplification of the high order of his talents and acquirements, which, if physicsilly sustained, are full of most gratifying promise of extensive use? fulness. His subject was the relation of Science and Revelation, and their reciprocal influence. It was the highest degree creditable to both the head and heart of the speaker. HANDSOME COMPLIMENTS. We trust that the readers of t.liis paper will par? don the egotism with which we might be charged for publishing the annexed complimentary notices. The sources from whence they emanate are so highly appreciated by us, sad the kind expres? sions therein contained are so cheering and grati? fying, that we cannot refrain lrom re-producing them in our columns: Maintaining its High STANo.kRn.?The Ander? son Intelligencer, an honor to the State, a light of the up-country, enters now upon its fifth volume. Will our friend Hoyt, accept our heartiest congrat? ulations, that the Intelligencer maintains with such remarkable uniformity the high standard with which, four years ago, under his leadership, it en? tered upon its career ??Edge.fi.ehl Adoertiter. The Anderson Intelligencer with its issue of the 1st inst., entered upon its fifth volume. The In? telligencer is second to no paper in the State in be? ing alive to the interest and honor ef the Country. The prosperous condition to which friend Hoyt has brought his paper, through four years of despon? dency and gloom that be bos had it in charge, is unmistakable evidence of his superior ability both as an editor and a publisher. Now that brighter times ahead are looked for, we trust he may reap a handsome reward for the energy and persistency with which he labored through tbe days of dark ness.?Chester Reporter. RELIGIOUS NOTICE. Wo are requested to state that the regular ser? vices in the Presbyterian Church will be resumed on and after next Sabbath. Preaching may be ex? pected by the pastor, Rev. W. H. Stbatton, who has been absent for several months on account of his health. During the last week, various portions of this county have been visited by refreshing show? ers. The crop prospects are represented to us as being greatly improved in many quarters, and some of our farming friends aie highly elated. Others are yet despondent, where the rains have pnssed around them. - THE CUSTOM HOUSE WAR IN CHARLESTON. Chableston, July 24. Mnch excitement prevails here among the two wings of the Republicans. Dr. Mackey, the late Collcetor, leads the native wing, which includes the mass of the colored votcrp: while Senator Sowyer, Congressman Bowcn and George W. Clark, the newly-appointed Collector, in the place of Mackey, head the Northern element. The remov? al of Mackey has intensified the bitterness between the two factions. On Thursday, Clark called on Mackey, and, presenting his commission, deman? ded instant possession of the Collector's office. Mackey refused to vacate until hs had taken in? ventories of the public property and received re? ceipts from Clark ; but promised to make the trans? fer on the 31st instant. Clark insisted on the im? mediate surrender, which being refused, he enter? ed Mackey's office, and attempted i.o act as Collec? tor, whereupon he was forcibly ejeoted by Mackey's subordinates. Yesterday afternoon, Mackey and other custom house officials were t.rrested, at the instance of Clark, on a charge of assault and ob-I structing an officer of revenue, and were bound over to answer before the United States Commis? sioner on Monday. During the hearing of the oase. Clark, with a. posse of thirty nen, forced his way into the custom house and took possession, which he still retains. The partisans of Clark attempted to serenade Sawyer and Bowen last night, but the colored Republicans rallied in large numbers and prevented tbe serenade, ohargingthe procession and capturing the flag, which they car? ried in triumph to Mackey, at his residence. The colored Republicans bitterly denounce the action of the administration in removing Mackey, and declare that Clark, the new Collector, is a traitor to the radical party. ? The United States Court meots at Greenville ou Monday next. i THE HOMESTEAD LAW?ANOTHER DECISION OF JU DGE ORE. We have been furnished with the annexed ex? tract from a decision of Judge Orr upon the Home? stead Law, which will be of especial interest to the legal fraternity: OCONEE COUNTY?JULY TERM, 1869. IN THK COMMON PLEAS?EQUITY SIDE. Joseph R. Shelor vs. John Mason, sr., and John Mason, jr.?Bill to Foreclose Mortgage. ******** The report of the special referees submits for the consideration of /he Court whether the defendant and his family now residing on the mortgage prem? ises are entitled to claim and reserve a homestead in the same. They submit the evidence taken on reference, but make no recommendation to the Court whether or not a homestead should be al? lowed. Is the defendant Mason and his family entitled to have set off and assigned to them a family homestead of the value of one thousand dollars within the mortgaged premises, pursuant to the provisions of the Act of Assembly of 9th Septem? ber, 1869, entitled "An Act to determine and per? petuate the Homestead ?" The single bill and mortgage were executed on the 25th day of August, 1866. The Constitution of 1868 was ratified by the legal voters of the State on the 14th, 15th and 16th of April of that year, and was accepted by Congress without alter? ation or amendment the July following. The 32d Sec. of Article II provides that " the family home? stead of the head of each family residing in this State, such homestead consisting of dwelling-house, outbuildings and lands to the value of one thou? sand dollars," &c, "shall be exempt from attach? ment, levy or sale or any mesne or final process, issued from any Court," &c. No exception is made in favor of any lien, debt, or execution ex? isting at the date of its adoption. In all cases, where land was to be sold by any process from any Court, after this section was rat? ified by the people and accepted by Congress, the head of the family became entitled to a homestead. The Act of Assembly to carry into effect this sec? tion, entitled " An Act to determine and perpetu? ate the Homestead," leaves no ground for con? struction on this question. The first section pro? vides that " whenever the real estate of any head of a family residing in this State shall be levied on by virtue of any mesne or final process, issued from any Court upon any judgment, obtained upon any right of action, whether arising previous or subsequent to the ratification of the Constitution I of the State of South Carolina, if the same be the I family homestead of such person, the Sheriff or other officer executing said process shall cause a I homestead such as said person may select not to I exceed the value of one thousand dollars," &c, "butthe residue of the lands and tenements of the head of the family, if any more or other he shall have, shall be liable to attachment, levy and sale." I The General Assembly has further manifested I its solemn and deliberate determination to have I the Constitution and tho Statute already referred I to enforced in all cases therein provided for, in an I Act entitled "An Act to punish Sheriffs and other I officers for violating the Homestead," approved 15th January, I860. The first section provides I that no Sheriff or other officer shall enforce exe cution in any other manner than is prescribed in sections 1 aud 2 of the Homestead Act. The se? cond sectiun provides that if any person shall sell any real estate without complying with section 1 of the Homestead Aet, he shall for the first offence be deemed guilty of malfeasance in office, and on conviction shall be fined not less than $500 and not more than $1,000; and for the second offence I shall be dismissed from office. I The Constitution and these Acts prescribe so clearly the duty of public officers in making sales I under process from any Court, it would seem to be I hardly necessary in a decree to direct the officer I ordered to sell toset off and assign a homestead to I the head of a family, as a failure to do so would be at his peril, without an order. But as the question is raised in the pleadings, I in the report of the special referees in this case I and in the argument of counsel as to defendant's right to have the family homestead set off and as? signed, I will state my views on the question. It is objected to the Constitution of the State and the Acts of Assembly securing a homestead as I to antecedent debts, liens and judgments, that they I are a violation of that clause in the Constitution of I the United States which prohibits any State from I passing "any law impairing the obligation of con I tracts." Is not the objection met by numerous authori I ties in the Courts of sister States, and by eminent I legal writers, recognizing the right of State Legis I atures to pass laws exempting property of a I debtor from levy or sale even for antecedent debts, and is not the principle rcoognized in various de? cisions of the Supreme Court of the United Stales? In Morse vs. Gould, 1 Kernan (N. Y.) 281, Judge Denio, delivering the opinion of the Appeal Court, {said: " I regard the Act of 1842 (extending the I exemption law of that State to a team and addi I tional household effects) as * provision clearly [ within the competency of the Legislature, and one I which they might lawfully apply to all future pro I ceedings in Courts, whether such proceedings I dhall relate to existing or future causes of action." I In this case a judgment and execution had been I obtained in an inferior Court before the exemption I law was passed, and the Court held that the ex-1 I emption was valid even as against such judgment. I The abstract of Judge Denio's opinion is: " First. I The Act exempting certain property from levy or I sale on execution (N. Y. Statutes, 1842?193) ap I plies to judgments and executions on debts con I tracted before as well as after its passage. Second. This Act merely modifies the remedy for enforcing I contracts, and neither destroys it nor substantial I ly impairs its efficiency. Therefore, it does not I conflict with the provisions of the Constitution of I the United States forbidding any State to pass a law impairing the obligation of contracts, and is valid." In Bigelow vs. Pritchard, Judge Putnam, deliv I ering the opinion of the Supreme Court of Massa? chusetts, said " that the Legislature might lawful I ly diminish the creditor's remedy to enforce payment by exempting a part of the property of the debtor from attachment or mesne process, or levy or exe? cution." In Rockwell vs. Hubbell, 2 Douglnss 197, in the Supreme Court ef Michigan, it is held "that prop? erty may be exempted from execution for debts contracted before the law of exemption was en? acted." The Supreme Court of Georgia, in a recent case, has decided that the exemption of a homestead of the value of two thousand dollars, authorized by the Constitution of that State, from levy or sale even for antecedent debts, liens and judgments, is valid, and docs not impair the obligation of con? tracts. The same point has been ruled, or the same principle involved has been decided, in other States of the Union. In 3 Parsons on Contracts, 552, the learned au? thor, after reviewing many of the cases decided in different States, says: "At the same time, howev? er, it is admitted that a State may make partial exemptions of property, as of farniturc, food, ap? parel, or even a homestead." Again, on the same page, he says: " It is to be observed that as. to the remedy, there can be no difference between a debt existing before and one contracted after the law is made." In the Planter's Bank vs. Sharp, G Howard, 301 ?380, Judge Woodbury, in delivering the opinion of tho Supremo Court of the United States, admits j that " laws may be passed by the State Legisla? tures exempting tools or household goods from levy or sale under existing contracts." If the principle is once conceded that property I of small value can be exempted from levy for con [ tracts existing before the passage of the law, how j can such an enactment be said to be unoonstitu i tional when the value of the property exempted is enlarged ? The exemption of household effects, of small value, under what was popularly designated the "cow and bed law" of this State, noro effectual? ly hindered and defeated the creditor, in many cases, than a homestead exemption of one thousand dollars would do in others. The principlo upon whioh tho constitutionality of the Homestead law is maintained has been ad? mitted by the Supreme Court of the United States, in oases whore tho State Legislatures have passed laws changing the statute of limitations; discharg? ing insolvent debtors; and abolishing imprison? ment for debt. It is said, however, that such legislation effects only the "remedy" of the cred? itor, but does not impair the obligation of tho con? tract. Will not an examination of the result of such enactments shew that the exemption of a part of the debtor's goods aud lauds hinders, delays and defeats the creditor in many cases in a less degree than the enactments referred to, which have been ruled constitutional by the Supreme Court of the United Slates ? The debtor contracts a debt: bis promise is to pay the money; the creditor is entitled to demand and receive it when due. He has his remedy, as the law exists at the date of the contract, against the property of the debtor then held, and all his subsequent earnings, until tbe whole debt is paid. He may hold but little property when the credit is given, but being a skilled artisan or mechanic, the creditor relies more upon his future earnings for P&yment than upon the property then held. Suit is instituted and judgment recovered. In the meantime the Legislature enacts an insolvent law, which authorizes the debtor to surrender bis ef? fects, which may be only nominal in value, to the creditors, and be forever discharged from all lia? bility ever to pay another cent to the creditor, all his future earnings being protected from liability for tbe unsatisfied portion of the debt. Is the original contract impaired, or the creditor hin? dered, defeated or delayed by the enactment ? The Supreme Court say, no. So, too, of tbe statute of limitations; when tbe debt is contracted the statutory term is a gives number of years; the Legislature reduces it, and if it possesses the constitutional power to reducs it from six to three years, why not less than three, and if less, how much less can they declare it? The creditor, by accident or ignorance, fails to sue under the amended statute, and on the theory that the Legislature has only modified the "remedy," he loses the debt. Is the original contract im? paired, or the creditor delayed or defeated by this subsequent legislation ? The Supreme Court say, no. So, too, of imprisonment for debt. The debtor has no visible property upon which an execution may be levied. His effects consist of money and choses in action. He obtains credit; the creditor knowing that under existing laws he can enforce payment by his execution of capias ad satisfacien dum. The creuitor obtains his judgment and is? sues bis ea. sa.; the debtor is arrested, and before he makes his assignment, the Legislature abolishes , imprisonment for debt; the prison doors are i opened, the debtor departs, and the creditor hav? ing no compulsory process against the body, whereby an assignment of the choses in action or payment of the money can be enforced, loses his entire debt; and the legislative act, producing the ' result, and affecting only the remedy, is constitu? tional ! Is the original contract impaired, or the creditor hindered, delayed or entirely defeated, by this subsequent legislation? The Supreme Conrt say, no. Is the enactment of a homestead law, which is sanctioned by a generous humanity for tho wives, and children of unfortunate or improvident hus? bands and fathers, any more obnoxious to the con? stitutional objection, that it impairs the " obliga? tion of contracts " when applied to existing con? tracts and liens, than the legislation commented on above and sanctioned by the Supreme Court of f.lie United States. In the case under consideration, the remedy is changed, by the act to secure a homestead. The defendant is entitled to a homestead during his life, if he continues in possession of it. Under the former law, the complainant, on filing his bill to foreclose his mortgage, and making proof of his demand, was entitled to an order to sell the mort? gaged premises or a sufficient portion of them to satisfy his debt, and the defendant's equity of re demption was forever barred. The State, believ? ing that it was an eminently wise policy to secure a homestead to each head of a family, and prevent the immigration of her citizens consequent upon the general and indiscriminate sale of their homes, postpones the remedy of foreclosure a? to that part of tbe tract which may be assigned, luring the life or occupancy of the defendant. He can forthwith proceed to sell that part of the tract not assigned, and when the contingency provided for in the Act arrives, terminating the rights of the defendant, he can sell the balance. Could not the Legislature, in organizing the ju? dicial system of the State, have provided that no judge should have jurisdiction of an application to foreclose a mortgage for one year ? And if for one year, why not for ten or twenty years? If for one or twenty years, would it not have been equally competent to have made the prohibition continue during the life or occupancy of each mortgagor in the Slate? It might have been very unjust or ca? pricious to have made such tin enactment, but who can deny their authority to have done so? In Sturgis vs. Crowninshield, 4 Wheat. 200, Chief Justice Marshall says: 44 The distinction between the obligation of a contract and the remedy given by the Legislature to enforce that obligation, has been taken at the bar, and exists ia the nature of things. Without impairing the obligation of the contract, the remedy may certainly be modified, as the wisdom of the nation shall direct." There is nothing unjust or immoral in conceding this power to the Legislature. "A l contracts are made with a full knowledge of the parties that the law-making power may modify the remedy." The foregoing views ore presented upon the as? sumption that the Constitution of the United States was operative, and the supreme law of South Caro? lina, from the surrender of the Confederate armies in April, 1865, to July, 1868, when the present Constitution was accepted by Congress, and the State admitted to representation. But is such assumption true, in law (I mean the legislation of Congress) or in fact? Take the re? construction acts of Congress, and upon examin? ation, what feature do they present compatible with the theory that the Constitution was of force or that its guarantees of tbe rights of the States was recognized by Congress ? The legislation was even more absolute than any previously applied to the tflftri tori es when organized, or to their enabling acts when about to apply for admission into the Union. It denied the State representation in both branches of Congress?each Slate is entitled by the I Constitution to representation; and in the Senate, I no State can be deprived of its equal representa \ tion without its consent. It denied the right of the Statt to pass, and ignored all laws existing, fixing the qualifications of voters. It prescribed a class of voters, constituting a large majority, who should exercise the privilege, who had never be? fore been recognized as citizens. It denied the right of suffrage to a large olass of the most intel? ligent citizens and excluded them from holding of? fice under the new government. It ignored the i Constitution and all laws of the State prescribing the time, place and manner of holding elections. It established the military power superior to the civil, and made tbe latter entirely subordinate to the former. The de facto government then existing was declared to be only provisional. The military was invested with nearly unlimited power, and not unfrequently exercised it without stint in superse? ding and annulling existing laws in the Stale, and by military order ordaining and enforcing new laws. It removed State officers, with and without lawful cause, and appointed their successors. The Governor* of Georgia and Mississippi were re? moved early in 1867, and the Governors of North Carolina and this State in 1868, and successors appointed. Judges were removed because they refused to carry out military orders in their Courts. The citizen was not only liable to be ar? rested, tried, convicted and punished by military tribunals for violation of civil law alone, but this extraordinary power was put into force against many of the ci'.izens, who, if the Constitution of the United States had been of force within the limits of South Carolina, could have appealed to the civil tribunals?to 'he writ of habeas corpus? to the judgment of their peers, to relieve them from the clutches of the military. The war was ended in May, 1865?the last Con? federate soldier had laid down his arms. If the Constitution of the United States was of force in this State, to proteot the rights of the citizen and State, until July, 1868, why was it that tho mili? tary power during these three long years was not only not subordinate to, but actually superior to the civil authority ? Is it not manifest, from this review of the legislation of Congress and the ac? tion of the military authorities, that the govern? ment uuder which we lived was military ; all civil functions in every department tolerated and recog? nized no longer than they were consistent with the wisheu and opinions of the military commandant. If this be true, then the Constitution adopted in this State could not conflict with any clause of the Constitution of the United States, beoause it was not of force at the time, to restrain the Conven? tion or proteot the people. But after its ratification by the people, it waa to have no force or effect until Congress accepted it. It was presented, and Congress did accept it un? conditionally. If the clause securing a homestead, or the clause prohibiting the collection of debts, he consideration of which was the purchase money of a slave, had been obnoxious to the charge that i.hey impaired the obligation of contracts, they ?ffould have bcea strickcu out by Congress, or the Legislature required by solemn act, and as a con' dition precedent to admission, to repeal the claus? es, as ihey did in the case of Georgia. The Con? stitution of Georgia, when presented for accept? ance, contained two paragraphs practically repu? diating all debts. These clause? Congress re? quired Georgia to renounce, which wa? done by her Legislature, but no exception waa taken to the homestead section in the same instrument, though its value was fixed at $2,000?double that pro Tided in this State. As already stated, the Constitution of the Uni? ted States was an recognized as of force in this State. Even the rights and immunities uniformly accorded to the organized territories of the United States, and to persons residing without the State? and territories in the Indian country, were repu? diated by the acts of Congress and practice of the military. Protection of person and property, of the right of trial by jury?of being confronted by witnesses?of presentment by a grand jury before being held to answer a criminal charge?of ma* king our own laws?of imposing our own taxes? of representation in a State or national legislature ?of choosing our own offices?of executing our own laws?of making contracts with our laborer, and of enforcing such contracts by any known law?of appealing to the writ of habeas corpus? all were denied to us as rights, and auch as were enjoyed were permissive only. What single feature in any paragraph in the Constitution of the United States spread its pro? tection aegis over the territory or inhabitants of South Carolina ? Can it be gravely urged, in the face of this re? view of the condition of affairs from May, 1865, to July, 1866, that suoh clauses of the Constitu? tion as restrained the powers of State and citizens were of force and those giving them protection were not of force ? Can it be seriously insisted that the clause p.ohibiting any State from passing a law impairing the obligation of contracts was operative to restrain the Convention that formed the new Constitution, when none of the personal or political rights, privileges and immunities of its members, or of their constituents, were re? cognized or enforced by and through the re? maining sections of the same instrument ? Surely not. The Constitution in this territory was dor? mant, sleeping, in abeyance. The government was military. The reconstruction acts of Con? gress and the will of the military commandant was the only Constitution of force?the supreme law of the land. It was as absolute as though we had been a conquered province, wrested from a neighboring nation. If the Constitution of the United States was not of force when the Constitution of the State was framed and ratified, and did not become operative until accepted by Congress, then there was no constitutional restraint on the Convention, and none of the provisions of t le State Constitution can be held to be violative of any clause in the Constitution of the United States. The Supreme Court of the United States held at an early day, that State laws passed prior to 1798 ?the date of the adoption of the Constitution? impairing the obligation of contracts, were valid, as the Constitution did not previous to that time exercise any limitations upon the legislation of the States. After the admission of Texas into the Union, the same decision was made by the same Court, affirm? ing the validity of a law passed by the Legislature of that State prior to annexation, which, if passed subsequently, would have "impaired the obliga? tion of contracts." The Convention of this State might have de? clined, however unjustly, to recognize any debt, judgment or lien that existed by virtue of the laws of the preceding governments of the State, and what remedy could have been found for the omis? sion or refusal ? If they had the power to refuse altogether, could they not, when recognizing debts, liens and judgements, annex conditions to such recognition ? No more has been done here. It is said in ef? fect to the complainant, your mortgage is recog? nized, but subject to the condition that the defen? dant shall enjoy a homestead, conformably to the Constitution, and the act of the Legislature per? petuating and defining it. I therefore adjudge, that the Constitution and laws of this State, securing a homestead to each head of a family, whether the debt or lien existed at the date of the adoption of the Constitution or has been subsequently created, is no violation of the Constitution of the United States. If I had grave doubts on the question, I should feel it my duty to solve them by pronouncing the Constitution and laws of the State no violation of the Constitution of the United States. When the Circuit and Supreme Court Judges of a State de? cide a State law unconstitutional, no appeal lies to the Supreme Court of the United States, and the citizen is thereby denied the privilege of vindica? ting the constitutionality of the State enactment before that august tribunal. ****?? (Signed) JAMES L. ORB. July 21st, 1869. -'**-r? A WONDERFUL SOUTHERN DISCOYERT. In the South where Liver complaint and bilious diseases prevail to so great an extent, there has long been a need of a medicine that would act spe? cifically and promptly on the Lh'ez, restoring it to its nominal functions, and at the same time be safe , from after effects, and yet so simple that it might be used by any one. It is claimed that DR. TUTT'S VEGETABLE LIVER PILLS supplies this want. They act directly on the Liver; their constant use will not injure in the slightest degree the most delicate constitution. Females at any period may use them with great benefit, and realize great relief from the distressing nausea which they experience at certain times. These pills are not. recommended as a universal curt-all, but simply for diseased Liver, and those maladies which follow a derangement of that important organ, such as Dyspepsia, Sick Headache, Indigestion, Loss of Appetite, Costiveness, Piles, Jaundice, Sour Sto? mach, Ladies Heartburn, Chills and Fever, Foul Breath, Restlessness at night, and Flatulency. These invaluable pills may be found in every Drag Store of any note in the South aud West. 8$? IMttk corrected weekly bt .'3harfh 4 FANT. Anderson, July 28, 1869. Cotton market quiet at 29 to 30 ; Corn, $1.85 to $1.40: Peas, $1.15 to SI.2d; Bacon, 20 to 25; Flour, $8.00 to $10.00 ; Wheat $1.50 to $1.75 ; Oats, 80 to 90. bt TUESDAY evening's mail. Charleston, July 26, 1869. Cotton declined 1 to lc.?middlings 33. " New Yobk, July 26, I860. Cottcn dull, with sales of 200 bales at 34. New Advertisements. STATE OF SOUTH CAROLINA, ANDERSON COUNTY. By W. W. Humphreys, Es(f.y Pro. Judge. WHEREAS, J. M. Simpson and J. H.Reid hath made suit to me to grant 'hem Letters of Adminis? tration of the Estate and effects of Mary Simpson, dee'd : These are therefore to cite and admonish all and singular the kindred and creditors of the said Mary Simpson, dee'd, that they be and appear before me in the Court of Probate, to be held at Anderson Court House on the 13th day of August, 1869, at 11 o'clock in the forenoon, to shew cause, if any they have, why the said Administration should not be granted. Given under my hand this 29th day of July, A.D. 1869. W. W. HUMPHREYS* Judge of Probate. July 29, 1869 5 2 Assignee's Notice of Appointment. In the District Court of the United States for the District of South Carolina.?Iu the matter of John J. Lewis, Bankrupt. To whom it may Cone<rn.?Theuadersigned hereby gives notice of his appointment as Assignee of John J. Lewis, of the vicinity of Pendleton, in the County of Anderson, and State of South Carolina, within said District, who has been adjudged a bankrupt upon his own petition, by the District Court of said District. Dated the 24th day of July, I8'59. B. FRANK SLOAN, Assigneo. July 29, 1809 5 &