The Anderson intelligencer. (Anderson Court House, S.C.) 1860-1914, July 29, 1869, Image 2
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.
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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 ?
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"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 &