University of South Carolina Libraries
(i'1" -sy?HSHREy&&-? . . .ivm* ? ?^-^r-ST-, ' _ ^S?- A EE^fiX OF POFTTIj.A.II EVKNmt;p ,: +m fim+imvt mm j m* i ?r .??* :>"*f<??* '? ?-! .,. 4v*tr^ -?.? < -.. flg!U_ ^ILiU'L^i-U- -il?'iJ^JL.1. J JLLjLiLSJL1?J .1? . I JiUl IIII. IWUI IgHBWMMeMhiMll -JUL.11 !! - '- 111 ''"'1 'tfllSL L?1_?JM-1 LJllLJ-!'L-l I1U IJ1 J" J '. "* -voiiUMe "xvfc "; ^.it&feErmtLk SOPTH CAROUSA# JUNK <?. 7'.;::^:,NO. 4. >? " ii in i ti'ii i. hi H mii "" i ii i ii i i i i " * """ --* -- ? " * EST*?8a r ^ Swowmm Tw Wlin pw ananm. ^ j one *1 >f twelve Minion^nc* IWWl) laa?>gMyftjr.inMjpn?>,t i *f3ftemtttoe envied on" hem? tbry"wU\hm 4mmM MM ?mUmA oat, ud ?kMpd te *. , mjH"!"* mtdaM otherwise, AdrertieemenU 4*' tfcw bdnolt ?f ??7 cm, *#e regarded ma MmitMMM. >? -' f ! -?? -'i - ^ .; Xa ****'. The Ooldwx Side. '*" K' ^ ? There fa many ? im< 1t> the road mf 1Mb, If v? would only atop to take tt t And many k tone fVora th* M&tfHtfnd. & ? I If ttie quoruTout heart would mnfcr it ! frt thlannny Amii that Ik fall <srhot>*. And whose he&atttol tmA ktfea falleth, Tho (race la gteen, and dowere are bright, * ' j Thoegh the trtatry ftorn. pmraileth. tr w1 if vKM'it/ *>!i?.We:>/?a ( Better to hope, tboogMke cloud i hang low, I And.n *e*r><tbv ?yet aitii MM* For blue sky will toon poop through, | When the ominous clouds are rifted ! I Tb'r* rvir J?y' Or an ofontng without a morning ; ' An.t the darkest Kdur, as tbe'p'rorerb' goes, (, la Iha Vourbefor* tbo dawning.' * 'y <?~r ? i There is many a gem In the path of life, our tdte plains, 3 t, TM fehltMrKr fetM^ahlM mm ' Or the mfew's hoarded tnanrt| It may He the lor* of a ttttle child, ' t' Or a mother's prayer to Hmtw, -t ' Or only a beggar*# tituaks t- v. ^ f For a cap of water ^TVen. .e*d_'r ? * ,:T Bolt*r to weary \n t^a web o/ life nf> A bright and goideq SUlng, i An^l.to dp QH'i wjllfwith a ready baart, ( , dJiAiwytoSrt w/jppAK Than to thap tha minute, delicate threads j Of our curious life juaiider, j And then ?)*?*# *"* fe*^A?ang??d ends, And sit, and grioro, and wonder. , .? j Deciaion ofJudge Orr in Refor ence ( . r to tke Homestead LawIN THE COURT OF COMMON PLEAS ? GREENVILLE COUNTY. A. D. HbTkttnd T. 'Q Ddnahhnn, v Arfminie&atore of David Jfokc% T. "JSdtofrt Ware?1W F* Fa-: Interest computed annually from TOMJfrrfe, 1S59. 2<J M il?., $1600; //* terost computed annually from 24/h JS?P(?wAcri JL?69. , The eetroiid abovo \rat " levied tf poll' Certn'm fotk atid real estate, the property of the Defendant, py the SlioriflT of Gfrcetiirille Conntt, irie|lid?ng a tract or lot of land iri the *Tpwn of Oreenvillo, QM)tainu>g thirty acres, more or , loss, adjoining W. A. Townee and j UkllCIS. UJ/UI1 If" HI IUIIU t,tbe dulling and outhoueea of the Defendant WWO situated. Declaimed that his homestead , abonld be set off to Uim and per- "{ aonnl property of tbe value of five , : hundred cloNars, in conformity to . the provisions of an Act of tbe Oonerat Assembly, entitled M An | - Act to determine end perpetuate i the'Homestead,* peseed 9th day of j * September, 186$. Three appraisers were appointed?one by tho ' ffctfftffffe, one by the Defendant, * And the third by the Sheriff, VickcYS. These appraisers set off by metes and bounds a homestead of tbe estate of the debtor, with a fle : acriptkm and pfat of U?e same, al. so personal property of the value of five hundred dollars, and made separate returns of the same, certifying the execution of their dn?er 'conformably to law, to the Sheriff, for reowr'd in Court. The PlafttHfltr in Execution hUvo filed various grpvmtfe-^pf objection to HyW returns of the t\ppi aiscrs, and lAc of ttiis Coiu t a re assignment aud re appraisement of the real and ^ personal property of the debtor. The objections of the Plaintiffs, .v. * ben analyzed, may be reduced to s three: First, that the Homestead A-ta? ii unconstitutional as to liens < existing at the date of its passage. - Second, that in the valuation and assignment of the personal property, injustice ie don? to Plaintiff*, fceeeaae tbe*8tim?led ?aloo of the personal property tageeatiy below tt* market vahie. < Third. that thereal estate eaaigned and set off greatly exeeoda m rahte the tntn of one thousand deHare, and that in * makW Ift^h Wtimaie, the apfjftiiBera did not take into the eatimato M&a?(>|L^?HA # 11 111 J Mi llWl L *-. . TtmJ vulfiff or me nwuiiinjj noime and the outbuildings connected therewith and incident thereto. * ** The first objection is overrulad. .. The State of South Carolina had n*. constitutional existence from the clone of the war in April, 18fi?? I until dtiiy; 1868, when representation under,'and in eonWrmilr to tjib Reconstruction Acts of Ottogreaa. #!? admitted. It is practical# nc#ttcr fit little consequence, wUetJier the State was legally in or out of the Union by the act of saeoesion. lite State certainly had no constitutional rights recognized nntil July, 1808 when sl>o was readmitted irt coninmmation of- the Reconstruction Acls. From 1865 to 13GS the State was not represented in the Senate or House. If a State, the right of representation could not have been deuiod, and yet the Courts of lite United States have decided that th? Reonnntri?<t. tion Acts of Congress wro constitutional. Again, if within tfio dates above, South Carolina had been a Constitutional State, the Civil would have been superior to. the Military law of the United States?the rebellion having ended, and the supremacy of the authority of the aflS:having been estiibnsned lifter April, 1805?and p<St, it is a notorious and conceded fiicf, that no civil government existed In the State fttter the passage of thd Recdnsfrtiction Acts of Mafcli, 18GY, that was hot subordinate to tbe Military authority of (bp United States. The Military Commandant of this District, under these Acta, was authorized to abrogate ull civil government in this and other States, and it is well known that this authority was exercised in 18G7 in Georgia, aud a few months later, in Mississippi. 1 The Convention that 'was called in this State to frame a new Conntlttrtlon was called, not by the civil authority of the State, but by the Military Commandant of the United States. A large majority of the persons who were declared entitled to vote for delegates to this convention had never been recognized aa citizens by the laws or Constitution ot South Carolina as they existed prior to, or during tbc war, but were made citizens by Act of Congress and enforced bv military orders In the election of delegates to the Constitutional Cqm vent ion, They assembled in Convention and adopted a Constitution whicli* according to theprowieionaof the Reconstruction Acts of Congress, was a mere nullity, unless Congress accepted t >e same af ter its ratification by the people of the State, including the new citizen. 1'he people of the State ratified the Constitution by a majority very decisive, and Congress accepted it as presented, and thereupon admitted the State to representation in both flenses of Congress. If the Upmestead provision had been objectionable to Congress applying to existing liens at the date of the adoption of the Constitution, it would doubtless have been excepted to in the Act admitting the State to representation as was done by Congress with reference to certain features in the Constitution of Georgia. The view now presented, that tlio Homestead Act* as to Hour existing at the date of tlio adoption of the Constitution, violates that clause of the Constitution of the United States which prohibits an}' State from passing " any law impairing the obligation of contracts," would seem to l>? fully met and answered by the foregoing statement of tho history of the enactment. Ijlut, the objection mny.be answered very satisfactorily by thiiy view of the question : Suppose tho Constitutional Convention m Charleston, in January, 18G8, had refused to recognize any lien whatever, (whether mortgage or judgment,) given or created, or any property by or under the provisional, rebel or auto war governments that had. existed in South Caroli__j ,n ... J -u . A3 . ?i u?, nmi (nr?mt)u h?i uuii'WD cremcu by their Constitution to refuse to enforce ench bene, could its power have' been rjufcetioned, And if, so, how and before what tribunal fcould the Hens have been enforced?. Now, if they oould have ignored all lione by declining to provide for their enforcement, what prevented the (^invention from recognizing the liens with such conditions as their jndgment esteemed wise and prudent? to wit: If a mortgage or judgment obtainod nftder a former ^overmnent was recognized by a voting population totally different from the population that fii represented in the forroergovormueht, < the lien should be enforced subject to the claim of the dsfortdhrit lif fetccfttfon or Mortgage wi homestead of the virtue of one thousand dollars. Thrcsfi' yl^ws rijigljt kp ekt>vfaveu und Ju^tfunefl Bj&e derisions iu Kcw York, ichignn, jSortb, Carolina, Georgia and other States, but it is not considered necessary to pursue the tnattef lurther if> this case. The Homestead Act mt thmSfete carrying into cflcct the provision of the Constitution of the State, Articlo tt^Sectiou' 3^, .providing ajiotiiostead for the head of eaph foHMj;' in ibis State, and the Constitution at provision itself, la not n violation of the provision of tlio Conatitntion *ot the United States, which prohibits any Stato from pawing any law impairing The obligation of contracts, and that the eitwie ls}fconitimtlonat. 2d. Tlni objectftm to tho talnfttion of the personal property by tlm appraisers . is oyorrul^tl. JNo evidence baa been presented tlial the personal property of the debtor, Ware, has been estimated below its value, or that any error or fraud has been committed by the appraisers. As to tho personal property claimed by a third party, it.is sufficient to say, that it lias not been assigned to the debtor} and if tlio plaintiffs deny the right of iroperty in such third party, thoy can levy their execution upon tit? same, and test the right of property and the banctJidtB of the claimant.' This Coort, therefore, declines to order a re-valuation and re-assign men t of the personal estute made hy tho appraisers to the debt or, tunonntwg to nve nunareu uoilars, and set forth in tlieir return. , 3- The objection taken to the valuation of the homestead of the debtor is sustained. Tlio affidavits submitted by the l'luiotitis and Defendants are conflicting as to the market value of the homestead, outbuildings and lands appurtenant. One of the affiants fixing the value at $7.r)0, and another at ?0000. 0liter affiant? estimate various intermediate sums. The weight of testimony shows that the dwelling, outhouses and lands, are worth more than one thousand dollars. The 32d Section of the IT Article of the Constitution of this State, describes with remarkable precision what is intended to bo embraced as the homestead for each head of a family. It says: " Such homestead, consisting of dwelling house, outbuildings and lands, appurtenant, not to exceed the value of one thousand dollar*" &c, " shall be exempt troin attachment, levy or Bide," <fec. The 1st Section of the Act, passed 9th September, 1868, entitled " An Act to delermino nnd perpfctate the Homestead," is not less explicit. Where the real estate is , levied on, being the homestead of the debtor, the officer executing the process, "shall cause a homestead, such as such person may select, not to exceed the value of one thousand- dollars, to be set off," <fcc.; and in the same Section, in giving directions to the:"? appraisers, they shall " set off hv metes and bounds a homestead of the estate of tire debtor, &c., not ro exeooa tno vame or one thou' sand dollars,***Ac. It is insisted in this cose, that, in making the appraisement, uo estimate should be made of the value of the dwelling house and outbuildings, and that the homestead moans the lands appurtenant to the buildings alone. If this interpretation should bo adopted, land without a dwelling could be assigned. And yet it is not susceptible of a doubt that the Constitution ana law was intend to seoure to the family a houie and shelter against all contingencies. > It is said again, that, it the dwelling and outbuildings are not excluded from tho estimate, that a n unfortunate debtor whose dwelling and outbuildings exceeded one thousand dollars in value, would be exoiuded from all bonefit from the Act. It is conceded that the legislation on this point is dofeotlvo, and that some provision should bo made where tho debtor's dwelling ie worth more than one thousand dollars, to retaiu tbr him in. trust that sum when sold, to purch&so a homestead ; but this argument caritot be allowed to Ovfcrthtow Rffrt defeat tlie plain provisions df flic pohstitutiori arid Act al&Kd v of|fo^e|!. It may ne tna.t appf-alperfl tbonfd ho authorized, on examining a dwelling or ontbuildirigs, and Conpi riling t!(iosame waa worth more than one thousand dollars, that theyjspuM h^ authorized t? appraiso only and assign only a part of the dwelling and outbuildings* or even certain rooms, as a homestead. - .4.9 :< >.4 9*d .tit- /J ? In this ease, on? of tho appraisers, in his aOidavit, states that, in making his estimate of the homestead of the debtor, he did not include the dwelling and outbuilding*, and that the thousand dollars* worth of renl estate assigned to the debtor " consisted of lands appnr reruinc 10 uie notne?Tcna." This statement of one of the appraisers as to tlie basts ot the estimate in making the appraisement, ami the affidavits submitted as to tho value ot the real estate assigned, being in excc89 of the amount allowed by law, requires me to order, anu it is hereby ordercl, that a re-appraisement and re assignment oV tbo homestead of the debtor, T. Edwin Ware, bo made by E. S. Irv ipe, S. Swand.de and 11amliu lieattie, Esqs., and that they make return of their actings and doings in the premises, within for t v davs, to the Sheriff of Greenville County. * JAMS U ORR. Asmittsox, S. C., Juuc Dd, 18G9. r- 4 - ^ >? T??' Oil as a Remedy againtt Insect?. Many years ago wo were interested in some experiments made by some medical studen s on tho destruction of insect lite by oil. The slightest drop of sweet oil put on the back of a hornet, beetle, bee, or similar thing, caused its instant destruction. We wore told the breathing jwres were closed by the oil, and the lite was literally smothered out. In after life greasy water was always a favorite mode with us of destroying insects, . and wo have repeatedly urged it ujion tlie readers of this Jonn at, vet we are astonished to find how little the hint has been acted on. Almost every day we meet people who ask how to destroy this insect or that, and onr drawer is filled with similar inquiries; and to all the idea of grease or oil seems as new a one as if we had kept the matter a profound secret. Of the millions of people in the United States, how few are there who would not "give anything," as they say, to know how to keep away the cabbage fly from their seed l>ed9; yet al>out a tablospoonful of coal oil put in a common garden water ing-pot of water, sprinkled over the seed bed, when the little jumping beetle is noticed as having appeared, will instantly destroy the whole brood. A correspondent of this yo&rnal recently gave us an article on tho cirtnes of coal oit in killing scale insects. We' have repented the i exjivniiiviii. un eumc anpnncs "Willi cutiro success. In short, vrc have no donjbf that coal oil, well diluted with water, is death to all kinds of insects, and there is no reason why it sliould not be in as general use as tobacco is for killing aphides?-inoro valuable, in tact, because it can be applied in so many cases where smoke cannot. One great pWifit in favor of coal , oil is that it acts as a manure to vegetation, while dealing out death to insocts. We have seen cabbage beds nearly destroyed by tho cat) bagefly, have the whole crop of beetles destroj*ed almost instanta* nconslv; while in a few days afterwards the plants, as by magic, would cover the bed with luxuriant leaves. We do not bclievo that tho undiluted oil would provo injurious to the ieavos, but such extrava pinco is unnecessary, as the email quantity we have given is effectual. No donbt the egg-plant fly, and all insecte that can be reached by . the oil, can bo destroyed. There is scarcely ono of onr readers to whom wt ore sure this hint alone will not be worth many annual sulwcriptions. We may add that any oil is as good as coal oil, but that being likely to be more easily obtained when wanted, is recommended ; also care must be used to keep | the water in the pot stirred when tlsed, so that a portion of |dq oil. gets out aa tlic water runa, e otherwise the oil floating on thf A ton. of t]io water will stay there till nil the water goes out and on f ly the oil be left for the last*- For c this reason a syringe, in many t cases, will l>o preferable to the wa- c tor-pot, or the oil nnd water will t have a better chance of gettirtfc * oi\t.? Gardener's Montldy. 1 Book Farming* i * Mftny fanners are prejudiced 1 against what they call u lK?ok s farming." Ask one' of " them to u snbsrriho for an agricultural periodical. lind von are mot hv Ritnr 1 such reply as tTijstejfif ? kticw one pf your s<;ienjluc men to t make anything at farming." Now, f tho 1'aut is, that hundreds of scien- e tific, or " book " farmers, through- I ontthc conntry, arc eminently sue t eessfnl in their agricultural opera- r tioris Our narrow-minded fidend may nof, and probably does hot 1 know this, but that is his nnsfdr- ^ tune, and not the fault of science, i A larmer who does not read agrl- I cultural books and papers cuts t himself off from the means of ob taming much valuable informa- * tion front the most intelligent men i of his own calling, lie thereby < does himself an in[ufy< If ho be J a man of family, the evil dots not ' stop tbcro. The prejudices of the t fat Iter are infused into the minds t of the children, thereby working injury to them. This absurd prejudico against v the application of scieneo to ngri j cultural pursuits, was oneo wide % spread \ but tboso who wish to see e their conntry atid its people fwo- j gresstve and prosperous, may \ take consolation in tho thought r that it is fast wearing out. In i th?>fio sections of country where i agriculture is most profitably con- i ducted, the greatest interest is felt 1 and evinced in the scientific as- j poets of agriculture ; and the man 1 who would openly avow hostility s to scientific agriculture would he 1 considered in'such a community 1 an unqualified ignoramus. c {Carolina Farmer. ^ ? T ,'l Fonaofrrj*.?Generation aflef L generation have felt as we feel, s and their leelingB were as active c in life as ours are now. They r passed away as a Tttpof, while i natute wore the ekrtio aspect oi ( beatify as when onr Creator de- i nianded her to be. And so like V wise fihull it be when we arc gone, v The heavens will he as bright over 1 our graves as thov are now around q our path ; the world will have the i same funeral wind on its way, and <! the atmosphere for offspring that she had once for onrsclvcs anil that she has now for our children:' A _ littlq wliile and fhis will have hap- e .peped. The throbbing heart will f he stilled and wo shall bo at rest, j Our prayers will bo scid, and the f grave clods will bo thrown in, and f onr friends will all return, and we r shall be left behind to darkness and t the worm. And it may be for c some short time we shall he spoken s .r. u-t ?!._ *t.: !ii I - <n j uui me mmgjj m mu win creep j in, and cur names will soon be for- fi gotten. Days will continue to move t on, and laughter will be heard in t the very' chamber in which we \ died, mid the eye will glisten again \ with joy, and even our children ( will cense to think of us, and will ] not remember to lisp onr name. , Then shall we have become, in the , language of the Psalmist, "forgot- , ten and clean out of in.ml." \ There is one simplo test as to whether tho manures about your stahlee and out-houses are mixed 1 and composted as they should be 1 to preserve the whole of ther for- ' tllizitig power. Do they emit a bad smell ? If vonr pens or eta- ' Lies givo a full report to the nos- * trile, you ftro not using absorbents I enoukrh : 6hovel in the noat or rot- 1 ten leaves, and sprinkle witli plaster till the dung-neap is as inodor oua an a garden bed. < ?. . A OKNTttcHAN arrived in Bangor, Maine, on Monday evening, 29th int., who left IIi>ng Kong on the 2d of May, having made the passage in the unprecedented time of twenty-nine days. lie made the trip from San Francisco to New York in six days, and reports the road to be in good condition. Fubbcribe for tlio Enterprise, and pay in advanco for one year, j * KEWBPArEjls.'?The following we (xtrnct from fT/ldrig articlfe on "^^Lcy* credit w.ntei> and to tiger, ;et oftener cheatpd, puffer move pomiliary lose, aro offener tlio vieims of raiaplaccd confidoncc than iny other calling iu llie comniani* jr. People pay aufintt r'n bill with nore rehictunce than any other.? !t goe? harder with them to ex>eii(I a dollar upon n valuable iewspaper than ten upon a heed' ess gewgaw;" yet evervbody ivuila liimrejf of the editor a pen uid the printer's ink. *4>How many proies*ioti& and }xv itical reputations and fortunes mve been made and snetained br l,o frlerulW, though mfreqnited, ien of the' o lifor ? How ninny rnl ryo Id-.vhs At)d citiitoliate been nought into notico and puffed ino prosperity by the press f How nany railroads, now in successful peration, would have foundered >ut for the ' lever that moves the vorld V In short, what branch of ndustry and activity 1ms not been )v?miOted5 stimulated and defend;d by tlio prcpsT1 TIio writer has evidently "seen ;he .elephant and all his statements are true. The worot feature jt the case is, tl,a% after nu4king rreat men out of vo y small maerntls, as many editors have done, hev are almost invariably treated vith ingratitude. * * * . I. . ^ i l?l n I ^ | #? > . . ? CfHK fob Hoo Cuoi.eba.?A vriter in a recent report of tbe De* >artnicnt of Agriculture gives a cry siiupio remedy for hog cholra, which lias never failed as a ireventivc, and in every instanco vhcreifi from neglect the disease nade its appe.tratice, he succeeded n curing it in a few days. Two >i- more large barrels are procurid, aud placed conveniently to the ciUhen. Into these deposit all the iot liquor and greasy wafer of any tind, refuse pieces of bacon, and 1 few bueketsful of soap-suds.? P , * A .1 ? 1 * * * ii. is Lei itu a iew uays, or until ermentatmn begins; then add to mch barrel one bushel of fine fliarcoal, a half bushel of corn jocal, one handful of salt, and oiu mlf pound of copperas. Let it tand a short time, so that the ohI may beeonro thoroughly satuated with the liquor ; then pour nto troughs made for the purpose. >ne barrel thus prepared, he says, f gircn once or twice a week, will >e sufficient for fifty bogs, and preent cholera, and keep tbc*Vn in a icalthy condition. This remedy is Inito simple, and will Commend tselt to farmers more readily than I reaching with drugs. . i ? ? How t<> Break Catti.e to Leap. ?Take two animals of about equal lize and strength, and tie them together with a strong rope, by placnrr A' A Arlrt nrnimrt itio Iwima /.f >nc animal and the other end ironnd the horns of the other, and nako thein fast, as for leading or ying tip, leaving three or four feet >f ropo between the inner horns, md turn them into a field frco rom trees. Let them run, pull md haul, till they arc tired of it, md they will walk side by sido md feed together. Then take oil' ho rope and they will ever after end with the docility of a child, non though the first occasion may De years afterwards. It is much easier than for a man to he jerked wound all day by a wild heifer or steer, and more effectual. We have tried it and know. Tnii cllizerts of Chicago are taking the prelitnnry measures to conMruct a railroad, by means of ivhich, it is asserted, the pnssa o i etwecii, tliat city and London, England,; can bo made in eight lays and'twenty hours. AnoHihk pair of twins, connected by a ligatnrc like Chang and Fng, were recently born in St. I.iTke*?, England, but they were dead when born. * An Englishman still lives who wna a drummer boy in the Revolutionary war in Amcrira. lie ia the last Bohliei of the " Army of the Revolution." A gentleman near San Antonio, Texas, has a farm of 130,000 acres fenced in, and forty thousand head of cattlo pastured on it. nrnftt ftoht lake vessels arrived or departed from Chicago one day this week.