The Abbeville messenger. (Abbeville, S.C.) 1884-1887, March 30, 1886, Image 4
p '
i /BL" 1 111 --J?g"
^ m
Clje messenger.
M. Ti. BONFIAM.Jr., ( Editors and
J AS. S. 1'EKllIN, f Pkoprif.torb.
TUESDAY. March 30 1886.
.
A PLEA FOIL THE RENTERS.
The system of renting tho farms of
^our county is radically wrong and creates
.dissatisfaction on the one hand and exhaustion
of the lands on the other.
Many of our citizens find it necessary
to rent from year to year and indeed
many of the owners of farms prefer to
let out their lands. This being the case
some plan should be adopted that would
work to the mutual benefit of both lesser
and lessee. As matters now stand
the renter enters into a contract for one
year and at the end of it, pulls up and
.Reeks another home, not home but rather
a shelter. This is most disastrous,
both pecuniarily and morally tothercnand
injurious to the lands cultivated under
this system. The rent under tho
. one year plan is too high, consequently
the eiiort ot the tenant is directed more
'
towards getting out of the land a full
crop, than to the preservation of the
Boil. He feels no interest in improving
the soil, but is necessarily forced to extract
its power to produce rather than to
,.add to its quality. He exhausts and
.does not build up. But, with all this
,e4Tort, he finds that he barely conies out
even and he becomes dissatisfied and
thinks a change ma}' promote his interest.
The renter then goes from one
place to another year After j-ear, and his
condition is not imnroved. His stock is
V
poor, his farm tools worn out, his household
comforts most meagre, and general
dilapidation exists. Worse perhaps
than all. his family form 110 attachment
for home and soon become divided.
They cannot attend school regularly and
have no stated place to go to church,
' ' and surely there is nothing that tends
So to conserve and preserve the morals
.of our country as the regular and systematic
attendance of divine worship.
V , .
These arc some of the effects upon the
renter.
The owner of the land is also injured
:in his property especially by the one
year system. His tenant has no incentive
to build up his land, nor to improve
.the house? or places under his care.
Ditches are not properly opened and the
~ : 1 t
Aftim wvci uu\>ui|; miu ui;u?nnt?5? 111 Til ft11y
capes almost useless. And year by year
-he finds bis property growing loss in
value and his rents proportionally re.duced.
The system is wrong and there should
-be a general chance. Lot the lease sj*siom
of three or five years be adopted
* \ and the rents .mad? lowor because of
the iinnrovement that will follow and of
the ccrtainity attending their collection.
It is better to pet lower rent and know
that it will certainly bo paid yonr after
year than have the promise of a high
rent with a probability of losing it. Of
/purse, the right to remain for the whoV
jterjtn would depend upon the pnymeut
> . ;of each year's rent. Who can doubt
the effect of such a plan ? Lessor and
lessee would be benefitted. Thore
would be an' incentive on the part of
jthe one to pay promptly because he had
nt least a temporary abiding plaep. and a'ro
to improve the land worked by him.
' v .On the other hand the owner of th*>
Jand seeing that he had tenantry, could
afford to reduce his rents and find that
lie was more than repai:l in the increased
value of his lands. Let this plan be
tried.
;We present to our readers thin week
an able and interesting essay delivered
by Col. O. T. Calhoun before the Abbe- i
.ville Literary Club, on the night of i
March 26th. The club met at the resi- 1
/Jence of Col. E. B. Gary. '
K The essayist selected a very "live" '
j>n4 polling question and has treated
jtintb much discretion and decision. ?
We know of no question that, has been, ;
and continues to he of so much interest '
ns that of the repeal of the lien law. {
.jWe suggest to the farmer's convention
iwhicV^P'about io meet that this is a '
matter to which they may profitable do- '
vntomuch discussion. Since tUey are \
principally interested in the retention up- t
on the statute books, of this law anc^ i
thevavious amendments, or the repeal 1
thereaf, it behooves them after mature v
deliberation to say what legislation is v
desirable in the premises, ami to take d
steps to secure the same. All this is i
true, Jikewise of the Homestead law (l
Tho remarks of the guests preKent at t
the meeting together with the fine essa3' ?
make interesting reading.
V _____ '
We are sure our neighbor of the Prexa ?
and Banner last week, did not mean to x
J_ ?til.
ill aw mo iiiw lAio tuiui vvci^- iv I ill lilt* r
School^Commissioner and tho trustees
of White,/Hall townnhip. It is in no sense
of the word a fight of'ours, noi
t do we propose to be drawn into it. A ii
sense of justice, however, compels ? '?
to say that these officials aro good am:
true men and we do not believe they ^
are oapable of sd degrading tboir m.ui t
5&jhood, as to do otherwise than fWbir n>p- a
science and sense of right would dictate
Nor do vo cast any reflections upon the ^
petitioners. Their efforts to secure n r
fcbool are praiseworthy, but we believe i
k:: they will gracefully yield to the inevit
*bfe and cast no a*p<?rfiions upon tlu
fepfflicials who have honestly discharges
their unpleasant duties. d
_y
mmmmmmmammaimmmmmmmmmmmmmmmmmmmammman
THE LITERARY" CLUB, j
i
ADDRESS OF COL. OUVILLE T. CAL- I
HOUNON THE HOMESTEAD
AND LIEN LAWS. i
1
The Fruitful Source of nil our Ills-Shall
they be Repealed ?--Interesting; \
Discussion. ?
t
i
No laws on our Statue books, have boon so i
much discussed, and caused so much legishi- v
tion, us the two which fortn the subject of litis t
essay ; and it is with diJlidclice, that 1 pre- i
sunie to {rive my views of them, csnrehillv-1 <
tlii: lien law. This law lias occupied tile
attention of all classes of our people, for i
years past, and has been much discussed in
the press, in the halls of our Legislature and
upon the hustings. Yet all this discussion ?
has wrought but little change in the minds of ~
nor people. Anions farmers, there are many t
who demand its repeal, while on the other
hand, the merchants and the laboring classes,
as a rule, think it a good law, and our Legis- j
lators, like our people, are divided, and
are at a loss to know what to do with it.
In 1877, the law was repealed, but imme- j
diatelv there went up such a howl, that it was ()
re-enacted by the same Legislature that, repealed
it, and is still on our Statue books,
though many have thought, that each succeed
ing Legislature would abolish it. .
The law as lust passed, gave to the mer- j"
chant the preference, but since then many jj
chauges have been made, all tending to render
it less objectionable to the farmer; but I can '
safely say that, as it stands to-day, there are
more objections to it, by both merchant and n
farmer than ever before, in fact it seems to ^
be one of those laws, that will not admit of a
compromise. It must be repealed, or let r
alone, and the question is shall we repeal it ?
If not, then the best plan would be to change
it to what it was before our last Legislature
interfered With it, for as it then stood, our p
farmers were amply protected, without their i:
rights.being too much trampled upon. Hut t
the change left the merchant so much at the v
mercy of the landlord and laborer that they v
have been compelled to unite for common pro- ti
tection, and by refusing credit, have forced t
the landlord to waive his right, and allow the ii
merchant, to stand in his shoes, and to-day a
the merchants occupy* about the same
position they did under the law, as first pass- ii
ed. >i
NOT A PARTISAN.
In discussing these important laws, I shall
not do so, as a partisan ot the merchant, or ,
tarnii*!*- fill* I ..?? 4 1- * --* 1
i (i 111 hi<j menu ot Until, w
think the success of one, is to be as much tiesired
as that of the other. ^
It. is true that the farmer is the souce of all
wealth, and must be Sully protected urn!or our j(
laws, but he cannot succeed without the nier- j (j
chant, nor the merchant without him. Tlii-n j,
if they are so necessary, one to tlie!^
other, they should look uuon every question j
that effects them, from a purely business i '
point* By so doing, each wouid help the I
j other, and both would grow prosperous tiigcth- !
er. Unfortunately, however, our people arc j n
easily led astray by howling demagogues, ; p
who under the clonk of friendship tor the ; u
dear people, keei? themselves in oilicc by h
working on their prejudices and arraying one j tl
class against another.
I have chosen these laws as the subject of p
this essay, because thev are so dependent, t<
one upon the other, that they must stand or a
fall together. .A fid after much thought I have
concluded that they are the stumbling blocks | b
in the way of our urospority and should be a
repealed. i l<
SUTLOOK3. |"
Theprincipal security in South Caroliun is :s
real estate, which to a great extent is made ?
valueless as a security bj- tke homestead law,
thus depriving our people of a basis of credit, ; ^
and thereby keeping capital out of the Slate, i j,
and thowing us upon" the tender mercies of : (),
local Shy locks.
This is so, for all political economist will
tell you that money follows security, and the ;
better the security the lower the rate of in- j ri
leri-st. Now land being about the only tl
security the farmers of this State have upon \ m
which to borrow money and the homestead | w
being an incumIterance thereby lowering its tl
value as a security, it must t'oliow that this | ti
lnvv l*ao l- A 1
- < <?* iiiiiuii 10 no witii tlu* high lii
rase of .interest we have been paying. ai
TDK UOMK8TEAD I.AW. V
I'
It has been suid that the hemestead law lias U1
done more to impoverish Jvuith Carolina
tliiin the ravages of the late war, and if we (j,
will but examine the question closely we will
see that this speech is not extravagant. c?
Just to think think that money for years past aJ.
could be borrowed in New York for from three '( ,
to six per cent, per annum, when we have t;1
been paying from ten to twentv percent Let ^
i;ny one make the calculation of what the ja
excess of interest we have paid has cost this ,j(
Htate in the last eighteen ysars and he will
Bee thai the value of our negroes set free |IC
by the result of the late war amounts to less.
1 don't mean money actually borrowed, but tu
the additional cost to the consumer growing
out of tin* scarcity of money, but this is
only one, out of many ways, in which the
homestead law works an injury. It encour- at<
iig<? extravagance unl idleness and lowers an
the morals. be
Let a man understand that what he owes, is
good for his debts, and he will buy lees and lai
work harder to pay for what he hm-a wi..i~
on the* other hand, if he can claim ihe home- co
stead he will run greater risks in buying and coi
work less to pay what he owes, because he i'oi
thinks tl.a-if his crops prove insuUicient to tin
pav bia debts, he can riouge behind the home- tri
stead, and avoid paying his debts; but let him is
understand that all his property can be void sli
o satisfy his creditors, and my word for it <
se will slinn debt as lie would fire, be will rise a y
iarly and work late, and all of this w?ll bring coi
tiin wealth and happiness. ts
I have sam (hat the homestead law has h wli
end-ncy to lower morals, and If so, then it coi
mould be repealed, for poor human nature is ha
laturally prone to travel the crooked paths of as
ife, and when it can do so under the suction fai
if law, the temptation is too great to bo re- rer
istud. uii
How many men in this County could get 'J
redit if tbey proclaimed beforehand that they bri
ntended to'claim the bonist.?ad, when called tro
ipon to pay their debts ? We all know thai bo
here are very few. When men want credit,
hey promise to pay for what they buy or bor- A
ow and nine out of ten would be much insult - j
d, if told they would claim the homestead ox
vhen called upon to meet their obligations.
Hut, alas, when (he euil day comes, these f(f
'cry men will say : "The law gives us a hometead,
and.though we did not intend to claim ina
t when we contracted our deb s, yet vce must ,,.fl
io so to protect our families. ^
In short the law gives them the right auil .en
hey claim the homestead to avoid the uay
nenr <>t their ctebje, and thereby lose their g',"j!
;uod names, and aro consigned to povert y for " I
he balance of their days, tor all know thut to
i man wittf a slain upon his reputation, the \
oad to fortune is hard to travel. rni,
L OOOD NAME WORTH f.OltK TIIA.S A riOMB- :>f '
HTZI.U. ""1C
ay*
A pond name ia worth more to a ninti th??:> :u t
ift*en hundred doiinrs. Oontbiue v?i?h i? ;><? *
. iiith and energy, and a run-n'c:iri soon mi.k? un
f'ei.ri hundred doilar.s, but once lost i? >s k.v
ar:J to regit in.
A man may railv nod natch up hi* oharac- , 1t>r?
hot a dishonorable deed ouco ro/nmit tci : >!<
rill be r< mbere?5 as (oug ;is ho lives,and s>imc- r.on
imo?, will affect his children even 'o the third for
nd fourth generations. Th<
Ah i have said the homestead law ha* n aoi
cndency to lead our people from the path ol >wi
loral rectitude and in ndditiou to this undei iwi
ecent decisions of the Supreme Conrt it doe* mm
ot ufford that protection which was contem- in x
luted hy tho Constitution. con
The Constitution evidently intended to giv ;efl!
each head of a family a home (that is on. imj
uousand doilum in real estate and Ave huu- cull
red dollars in pertooat property) which for<
should be exempt from "attachment and sale gro
tnd cr any mesne or final process issued (ncl
rom any court," and which the head of the the
amily could not sell or mortgage. Hut under l?ib<
i recent decision of our Supreme Court a ly s
louistead can he sold or mortgaged before eas
>r after it is laid off, which, in effect, is about gro
lie same us repealing it, for under t iiia decis- yea
on a person claiming the homestead, though ore]
le may avoid the payment of debts then the
re ?sinir. will in the end lose his homestead, gun
W'tiiMi a person claims the hnnestcad lie tug
>roc!a;ms to thv* world that he will avoid the 'it"*
lavment of his debts, and (litis forenamed, no W
me will credit him wilhout security, and as ttevi
lie Supreme Court, lias decided that a inort- but
j.i/e < !' the homestead is good, it is natural sup]
os%ttj>po<e that when credit is asked, a niort- >he
ra;;e will iv-ipitrod, :i'i i we all know that teliti
vhen a ma:: mortgages; his proper!--' for pup- late
liehe places himself entirely at I lie mercy pay
if the me"C'ias?J. it mutters nyt what prices who
ire asked tVir what he buys, he must pay what B
s demanded. "egi
CoNSlUXKD TO I'OVKUTY?NO RKCISIT.
i,
lie cannot say u yon ?!?> not let me h.ivo tjlu
roods cheaper 1 will go elsewhere, for no c'n- i)0?;
>r merchant will sell to him and the result is ailll
hat. the homestead is sold to pay the snort- t
rage debt, ami the poor wretch, will go forth irllr(
ilto the world without honor or home and. as st|.e
have said, consigned to poverty for the rent
if his lite. ~ ' ' ["?
So wo run ro:i'lily sec Mint the homes'ead *j<(
nw,under the decision nltnv e mentioned is HO|j,
if no benefit but has a tendency to lo.ver com
uorals.
As far as i am able (<? learn, tbe cbeif ob- CBKI
ection among us to tin? repeal of tho home- Ai
lead law is the fear that debts, contracted thai
lefore its repeal could be collect cd out of the too!
mmcstcad. This could not lie, as our con- acte
t'tutio'.i prohibits ex />ost J'uofo laws, and u d
herefore if the law was repealed the home- undi
tend would serve its n basis of credit. and the j
nr landed property bring a better security. And
'apitalists would seek to invest their money the I
ritb us and competition would soon lower the who
ate of interest. it ui
COMPETITION Wtl.l. FOI.I.OW ltKPKAI.. ^ori
One of the greatest benefits that would L'jyJ
row out of the repeal of the homestead law
s competition in trade. What a mail owned |()Se
hen would be good for his debts, and this
ronld give him credit with siiiv merchant j101J
yhicii would, enable him to buy from the |
iierchant who would sell the cheapest and jj?n?
lie merchants bciuj: more certain of receiv- '
ng pav tor their goods, could a (lord to sell at !'.
less profit.
Another benefit that would follow the re- ,|
cal of this law, is that capitalists, being no '
tngcr able to demand a high rale of interest t.
nr the us.' ol their money, would sei 1c invent- , '
(tents in land, for as long as they can get a j j ^ ,
ettcr return for their money by lauding it i {
linn by investments in lands of course, .tiiey j \mi
ill loan their money a.-, it is an easier and i VC(j,,
afer way to make money ; but let the rate ol'f _
ill Mm lirmi ?rlil itiiu-n l<. - ?" - -i 1 ''
? ~ ~ Of ?I II |#C-| UMIl. I (j *
el* annual ami you will iiiul capitalists souk- |
i;r i11v* stmeiits in lauds and Ilius cro.itin^r a > * . '
e.iund for thein, their value would bo jjrent- j e c,
v increased, and thus we can point to the | a U
ouiesteud law as one of the causes ot the low ^Ul"
rice of our lands. 101,1
XOTlilE rook man's !,AW.
The homestead law has been called tlie poor
inn's law. a protection to the widow nnu or- .
hau. This is a mistake lor whatever the
lotive was in pnrf.shijj this law, it certainly
as a tendency to oppress the pour and lielp
j:> rich. j ",en
1 have already shown that it stifles coin- I."?0'
ctition in trade, ami keeps up the rate of in- j :
rest and if is the pour and not the rich who ; '?l 11
ro affected thereby. j shou
The rich can jio to New York with their i
umis and other securities and borrow m.m-.-y thou
1 about four per Cent per annum and loan it rect
j us lor from ten to twenty par cent per annul
but the poor have only their little tracts
I land, whlca, iiieuaibcred with the homestead ] an*d
1 valueless in New York as a security. The ; both
lonicd men are hoi forceil to trade n itli any par i 'or 11
cuiar merchant and therefore can buy v.here i his p
ar^aius aic to be found, while mi the other lowei
and tli-jpoor cannot force thia competition 1 his d
rtiuji to the homestead law. j ft eat
THE KICIl man'S LAW. ! )VH!l '
To show further that this law benetits the j ag^j,
ch, it is only necessary to refer to the fact COrn
wit anions its strongest supporters may be j stead
umbered tue capitalists of Charleston, and little
hyisthisso? sSimply because it keeps up flrmii
le rate of interest ami necessitates ioe e >11- | eissioi
littaiioii ot ttie lien law, which forces tiic ?i?ir
iruii:i" into Uk- hands ??i" liio retail inerciiaiit, claim
iu lik1 retail merchant into the hands of ; ,m. n
le factors, and the factors into the h?uds of | l0 8U|
to mmiied sharks and iu the end all ui tiiem ' whiel
e paid by the farmer. I procc
As an evidence of truth of my statement J cjain
intllie capiiuli.?ts ot' Charleston are sii|>- t tlio o
triers of toe homestead law, ii is only uec- ' 'fhen
isary to call attention to the iaci, what an | morti
Ivoeale it has in the (Jharleatoii i\'c-tcs u/ni I auj i
ntritr the well known organ ol'the capi- ] jf ||e
lists of that city. If the inonied men of witlui
liartcstoii are sucn friemisof the homestead stead
w you may be quite sure that it is not a poor ait.. ,
an s law . much
1 here are many other objections to the wus c
imcslead law, which 1 have not time to Comu
I'll!tun, ami will now proceed lo briefly dis- l>eiiet
ss the liuii law.
TUB LIEN I.AW. WOrSt
Some of the objections raised to the home- with i
u'ad law are also objections-to the lien law,
d therefore in mentioning them, it will not
necessary to discuss them at length. was* ti
I have already shown how the homestead e '
,v slilles competition iu trade, and auy one u'.e. '
n see lit a glance that the lien law also kilis Jr"!
in?>?.til it>n and places the small farmers .me<?
mplctcly at the mercy of the uu-rciianrs, ,1,ou'
any person of common H.'nse must k.iow nJ?ul
at wueii a lien is given the person must allzal
ide alone with the merchant to whom the u?*n ,n" j
given and tlie result 1 have aliva.lv
null. ^ll'o,
i?ne id' the objections to this law is that to '*'>1:101
real extent u renders tin: lai;or of tlic !lo,nj
iintry indcpciident of (lie land owners, and I" ,u
t oe mam prop to I he tenantry s Voieni, !*c"s
icn is fast riiiiiniiig our country, 'there ,tuas
nld be no objeelion to this syst. ui, it We aPtfj,t*
(1 good white men 10 rem our land to, bul li,eli?*
a tenant, all must admit that the negro is a a*,>u.il
lure, and it i.> to bjiu that our winds are i>e 'j1'*
iteil, and right here the lien law is a.nnii sa"
ai mischief. meicti
lobe made valuable the negro must be ,a
>ught immediately under t ie i ye and c. u- V
1 of the owner nf the soil and this will
hard to do, until we repeal ilu lien law. th^'v h
I MULE AND AN OX THE ItASIK OF CREDIT. lllollgi
ks long as the n^gro can keep a mule or main,
he can get credit and find some person to ^jr>"
it him land, and not looking to the owners
the soil for his subsistence he cannot he
it rolled by I hem. Since there is im truer thongl
xim than that a power over man's subsis- was gi
co is a power over his will. Thai t
'he principal obj cuous I > the negro, as a <t part
ant, is his natural laziness, want of anibi- enjoyn
i and carelessness in cultivating the largely
L homes
WOKN OUT I,ANBS?WASTED FOUF3TS. "OU* .
nnuDi t
VehoT but to loot: around ii* and se^ how Uiin to
oh land has boon worn out <ind how much its pro
rar liiH* forests have been clcurod, to ;it jierver
c condemn him as a tenant. Under this it can 1
lem, oor lands arc planted year aftei veur .dcad ' !Ion,
which, added to ond oul'ivnti-: ri, .rnieh i
n rendci'B ih-.ui too poor iO y?'ii '.;?, p!'a.-\ k??pi \v
I fve-.h lanU must bec!en:v>d. Th ? o-nti i p?r?
in .if uur forests is a serious n.niter. A:- iaw, h*
<.'y there is scarcity of timber and i't ^imc >. Jehu
fes, lire wood. A ad besides <hi. . w.? ;u\ ity or i
\ '.hat to cicar the t\>rc?fc causes d rough:?. in rega
nadne.i r.nd sickness. The bo?t remedy i* undt
these ?v\!s would b& to rep :?* the ;i ' i.vv. extst*
ne^ro, no longer jiblc 10 obtain credit land, b
n the merchant'*, must look to the land- the um
urs for his subsistence and the land- .-teemed
iers, no longer able to rent their lands, tine, as
Rt hire bi|n and feeling a natural interest 'lever <
vhat belonsr to them and being able to a man
trol the labor will pu t a stop to this care- uiude tl
i mode of cultivation and our land will be at flrst
iroved and brought ap to a high state of t^at tis
.ivation and histead of cte&ring up o(ir politic.
;st? tnuch of our lands will bo allowed to peal or
\
\V up. The negro nt? longer left to bin own
iuutious, under the eve and contraet of
white man, will be vastly improved as a
?rer, and the result of nil this can be easieeii.
Under the tenantry system, u is
Y to see that the labor 01 the country is
wing more ai d uiore inellicicnt year by
r. The time, that should begiven to their
is, is occupied gadding over llie country,
women Willi their knitting, the men with
and dog, and the children playing or aettlie
farce of going to school. All sub ly
in difl'erenceto consequenccs.
r? hear 011 all sides that the country will
L'r prosper until we raise our ow 11 supplier;
it is utterly useless to talk of raising
|>lics until the lien law is repealed anil
imaniry system abolished. The negro
Lilt being without ambition to accumuproperty,
only c.ires to make enough to
his lien and to do so, plumed nearly his
!? crop in eot ton.
m lei this system be broken up and the
ro be brought under the control of the
I owners and you will see a change,
iding between the negro and the merchant,
land-owners feeling the additional ressibility,
will be urgod lo renewed energy
the i egro stimulaied by the presence ol'
white man, our tiehis would blossom as a
Icii, and you wouid no longer see the
els 01 our towns lillod with wagons haulto
our fanners supplies raised in a couuivlictt:
no negro tenaiury exists.
? prove t.iis fuel it is only necessary to
ee those farm.; worked by the owner, and
pare them to those rented to negroes.
I)IT TOO KASY?K 11.1.8 UONOK ASIl l'HIOK.
;iother ureal objection to the lien law is,
under it, eredil is loo easily ob.aiued and
ittle attention paid to the personal eliarr
of those denieoding it. In other words, i
ur I he lien law, credit is extended more j
jr ttie authority given by the law, then :
^ood eharacierof the persons askn.g it. j
tiie cdocl of tiiis is bad. It kills out j
lioiioi* and priue of the ciiucu. A negro, |
is known to have no honor, is givvu ered- J
mder a lien and a man who has always
it; a ?oik1 nauie and paid his debts, goes to
Same merchant' for credit and he must!
a iicii, and the good man lituis himself in ;
same boat with the dislioiiesl neuro must j
his pride and as his good cnaracter does ,
irivo him some advutitagc over his less
>rable feltowmeii, he will in Hie end have
reuard for character, i his very want of
i. grow ing out ol the lien law, is one ol the
cipai reason so many m our merchants
,k. Under it they extend credit lo tiin.se
out honor, ana these men having no
aeier to lose, or property to be sold, make
eir object to uuy "?ll they can and pay as
; as possible. Malty only rent luruis
basis of credit and spend most ol their'
loaling about and using all ol their latin
raising supplies for tiie merchants. 1
yet our merchants have gone biimliy on,
bv veur. won vine i li ?" >? > -
al of tliis law and looking no further than
I act tluu it gave tlioin a security, aud
js coinjioiiti' ii. 1 urn glad to see, liowiliat
ih eyes of uiaiiv liave been opened
the only tliinj; thai stands in the way of
nig the consent of all to its repeal, is the
I'Steild UlW. i
'lite Dis
MB. W. C. BKNKT I
lie had not mueh to say on the subject. !
i it as Sam Jones' opiniou that those who
nod the homestead and were agents for
wives uud hoarded with thcin, were des1
to u climate of warmer temperature than
lattitude. That he agreed with the essaynd
thought the homestead and lieu laws
Id be repealed.
UK. A. W. SMITH
glit that the essayist had taken the corview
* I
MK. 8. c. CASON
that in his opinion the homestead law was
demoralizing ond unjust. It was wrong
man to be able to claim the exemption ot
ropeny from honest debt contracted. It
red the sense one's obligation to pay
ebts A debtor could not claim honieI
against the purchase money?this it
ihought the law making power to bo
litabic, yet he could have liis exemption
ist a debt contracted for the meat and
and clotues used m enjoying the home- '
1, without which a homestead would be of
line. There is no justice in such disination
ajrainst creditors. Under the dc- ,
us of the Supreme Court a creditor may
iiiu for rent and the renter could not
i homestead exempt ion ; it he put hisdebl
L-iit, however, into judgment, and sought
II the same property under I he jud^m.-n.,
i4ie could Lave sold uinler his distress j
idurc, he will be met hv a successful I,
lot' homestead. This on tiic ground that j
ne was a process and the other was not.
t was no justice in this. A man could j
raire his li Jinesiead fur h lr>-.n-. <?r
. could be sold to pay t lie money loaned ; | i
had given a note f<?r ths same money, I 1
iut a mortgage, lie could claim his home- j 1
Such distinction could not be made on
moral ground. It was notorious that
more was set oft'to the debtor than he
entitled to. lie would often select as his
lissioner some one whe had claimed the j
it, or was a debtor and expected to claim
suelii, and then a bad law was made j 1
It should be repealed and the hen law I '
it. I]
MR. I-. W. PEKR1N
<
i favpr of the homestead and lien laws. |
ought that if a man made an honest fail- <
is property as n homestead should be
eld from the creditors and the debtor ai- \
to have a home for his family. That '
mse of the homestead law was uo argu- '
against it and was caused bv the di-n.nr
ion of Hie times. Did not tliink it was '
ly wrong for a man to claim home.itcad, ?
le creditor knew when dealing with Ins :
r dial .lie latter had the ri>rht to claim his
Head and therotore there was no imposille
thought the lioh law was necessary
;protecti?> i ot' a certain class '>1' onr cit- a
ivno could not get credit without it. Th.^t '
cheap security uud was such .is iihordeu '
y relief. That it cenld no< be said that <J
u law uad brougtit about such bail result*- '
> attributed to it. It was a law iiiat tii. <'
could t.ike advantage 01 or not, i-.s the* i
and was not forced on them. That a '
iintat Prosperity stated to him that tin i
,w was not much in vogiu t lure ; ta.n ji
onl.v charged their customers ten per
ibove casti price and issued to tii-jin tne..< s
t which was the sane as ca:jh. i n.i <i
ad succeeded Weil there. > he essayis
ht this fact was hii argument m his i.ivVIr.
Purlin thought both laws should reTustcn
agreed with Mr. I'errin. p
JtTDUK MCtlOWAN ll
it the intention of the homestead la?\ ^
>nd, but that it had been fearfully abused
he government thought that the citizen,
of the State, should be protected in the (1
neitof his home lead, as contributing
f to the wo II fa re of the State. Tii C|
tea l is not an estate but a mere exomp- y
The creditor ran only collect his debt by (|
ion of the law. because lh? law allow* ,j
.to so. li"ti:.?l?w \v;l!ih?'5>1tJ from In.
ce.-s, he su<>uid not c-inplaiu. ft is .i ,j
8ion of the law to 8'iy it. can be sold, yei ,v
ji>. ii .snouoi civ Koj.i mi uci as :i ho mo- jt
-the roof troc. That h?> was noi verv ..
ir. favor of llur hontcfjli-ad law ; that, if p,
itiun r lie. si' was i.. K-. luf ,.'|
ort+.d i- .vr> int i" i at'1,. - t t Ii-- I n
said hir could "it s ~,i ; > hoit f, !>.<; ii?:l
itv, ! tied opinion in ;t*g uM to iu n.it- .iii
lot. Tuat his mi'ud had i>ftuD flbkngy.t I
id roil. Th' law *vaf. nn nnomah , as
:rto.ok to utortjfHgti thai wltioh had it"
.00. T'lat it was tioithcr Sea nor dry v\
nt ;t thing in ihu air?a sonriytjiiiig in (I.
icli vo.ed wrmb of tiiu-. Tii-- country li<
I 10 on.- yfarb?'hi;i i in thi- provision i
tho State was in its tin.nice , v. hit-li h?. 01
sould understand. Under tlw lien law ::
actually-aty up hi* vi^tua.# heforo be ?
iu?in. (l.angb'*r.) The l:-m la<v wan ci
intt-n/' ?) as a huruano law. and any law '<->
good and kind was*{oni*rallv right atiu d?i
Xhnre bad l?eftVi.uiat\ v cfiort# at **?;, of
change, and perhaps it would be wol ui
to repeal it 011 some j^ood year when there was
a ?ood crop made.
Hit. W. 11. I?AKKK11.
stilted that he did not aj^ree with the essayist
in his views on the so'ijoi streated by him.
As to the matter of homestead, he agreed very
much wi'.li Mr. I'errin and .hi(|^> Mctiowan
who had preceded him. lie was aloe, ther i*:
favor of a reasonable homestead. it w.i* a
homium prnvis.on tor tlie V.usuiv of unfortunate
dehiors?was intended to be antl should
be a roof-tree or home, ami ineapabii' of alienation
or any disposition wlneh would detent
the intent ion and spirit ??f the Constit uiion.
lie was snrp: ise'l nt the st?t? im nts of members
that tlie hoinestea i and tien lnws were incidental
und to some eXietit s <lop:::tu< nt Upon
each other. The faet was the\ were c;ia<:>'ed
entirely independent of each other. At one
t ime thel e had e.vi -t<vi ..11 exempt ion V)| personal
property to a small amount. w5u>? ?i?. *
was Tin lien law, ami air a in the lien law wa*
enacted in tSGOwhen there was in> homestead
provision existing. The ho icstead law was
the creature of tin.1 political revolution in the
State, lie regretteil that the court had loll
itself constrained to hold that the homestead
could be mortgaged. The statute declared
that no waiver. however solemn, should de.
feat."the homest ad, but the < ourt held that
the right could In? defeated by mortgage. He
regretted the still later decision of lSatik vs.
Harbin, lie did not believe in the application
in such cases of thc.equitablc doctrine as to
two funds, lie did not agree also in the allegation
that 'lie homestead provision encourHgrd
dishonesty or disregard of pecuniary
obligations. The creditor was not misled ;
lie knew the legal rigid to homestead existed,
:m>i lie assumed the risk of losing his debt,
witn his eyes open. He thought it the duty
of the head oi a family, who was unfortunate
to claim the homestead, and that only the
direst necessity justified a mortgage of it,
which would defeat wont was intended to be a
pr vision for his family.
As to the lien law de did net agree with the
essay i.-t that it was the fruitful source of woes
unnumbered and of all the embarassiuent of
the agricultural interests. It had been perpetuated
because the people were not prepared
to dj> without it. lie held diftcreni views
from the essayist also, as lo woman's rights
of properly. lie was u thorough woman's
rights man as to her separate property.
MR. W. 11. HAKCKKI.
said he did not believe in any body repudiating
their debts : that the JSrate itself set the
example, when it repudiated the debt 0*1 the
Stale ilouse and made the holders of the
bonds take titty cents 011 ehe dollar; t e stream
could not .i?u htgher than the source. If the
laws wiflo bad the people who lived under
them would not have a correct idea of their
obligations.
MR. W. A. LKE
said that he had 'listened to the essay with
pleasure aud protit but foil constrained to uiffer
from liie essayist as to both of his positions.
lie was in favor b .in of the homestead
and tiie lieu laws. The I'act that tne homestead
orovisiiin ii.ift 1. 1 ' -
, ......... mvcii iu\;urp)rmcu illio II1C
laws of every State in ihe Union, lie tlioii^iir
wus in itselt a sii ong argument iu its favor.
Tile unfortunate debtor was 110 longer regarded
as a criminal,an.1 even in the late bankrupt
law of the Utiiteu l.iies $500 was reserved to
him from the wreck of his property. Even in
South Carolina, before the war, in the days of
"cow and calf" exemption, it was strongly
urged lo exempt by hu\ one or two slaves to
each citizen. lln?t this been done, rlie result
of the war would probably not have been
changed, hue we would probably iu>. have
been charged with making a "rich man's ward
a poor luau's light." Hy a iioniesteau law he
thuu^lit the debtor was bciieii'ed and no injury
was done to the creditor. The creditor
acted with his eyes open, and after exteuding
credit could not blame tlic debtor for making
use of the provision which was made by law
in his favor. As to enhancing ttie rate of interest
und other evils of the tune, lie thought
it was an argument, of pot: hoc rrtjo, propter
hoc. As to the amount of the homestead, he
thought 5>150U little enough ; not more than
enough to pay the wages and board of a good
laborer, lie thought that in the matter of disposing
*>f the homestead, the law lo be consistent,
siiould not only prohibit a waiver, but
prohibit the right of mortgage, which was to
all intents the exercise of the./M? dixpuntndi.
With llicsu rest fictions, he thought the homestead
exemption should continue only uutil the
youngest child became 01 age.
As to the lion law. all the objections urged,
he though:, applied to the whole credit system.
The li'.-n law mav in some respects, be a
novelty in legislation, yet after ail it is only j
mailing more eliective a provision which alrcady
existed : the ritrlit to mortgage the future
increase of stock, and the products et*
our iabt.r. Tiie arguments for the repeal of
the law savored too much of class legislation
in favoring the rich against the laborer.
MH. 11. P. DEBKl"II l>
said he was in favor of the homestead law but
tbought it ought to be so restricted and limitL-d
as not to be abused. He had not definitely
made up his mind in regard to the lien law.
MB. W. V. CAI.UOVN
said that in the oulset hu would state that he
found great fault with our government both
National and Statu in the tendency which
they now hud of interforring wish the private
tti'.iirs of individuals. Matters that should
be left to the citizen, were being bandied by
I lie government, in such matters as the Blair
educational bill, homestead and lien law. The*
ircro^atives of our law making leaders only
extended t< '-ttie welfare" of our citizens, as
regards thepiot ection of their life, liberty and
nosp-.rity. The citizen should not be taught
o rely ii|hiu the government for his credit and
he education of his children.
As to the Homestead law he was unable at
he present; time to express any definite
(pinions, ut at the same time be thought
hoiiuh that it had its advantages as well a/,
is i a draw backs.
Tite lien law he thought was a complete
'ailure. This law h.'d been na.-Hfd in t
m<i irtdcr it, corn crib; and meat h u-ea had
!i->appiai ad. He w.u decidedly of the opinion
tilt could not be Huccosfully carried
in without the farm r would raise hiss supplies
V home consumption ai home. Very few
ii our f rm rs now did this. Abwlsh
tiii.i la? and the right of the lurnwr t.>
no imago his crops and lioine supplies would
;e r-isod by him ..nd his financial condition
int upon a sound basis, indcpcndi-nt of the
iTi liai t an 1 the lien b?w As matters now
..ml 1 he farmer w as a slave to this law and (
s individual! y uos'ruyed. The citizen
011 iti not look to the government for support
ut ne should support the government for the (
ro.ee inn given htm in the peaccuble onjoj - ,
lent of liberty and property, liefore the (
.tssape of the lien law our farmers raised
lieir own supplies at home and had no need
f it, but since its passage things had been
radually growing worse. This plainly showil
that when you interfered with the selfidiance
of the individual you did him a
arm. 1
Why should the State give the farmer ;
redit in {-reference fo any oht? r c as? of me 1? J
/hy should it give tlie merehaut a lien upon '
le crop of tl>e fnrmeP in preference t<i the (1
:t<-i a. d .. 1.1W 1 . Alt classes of men r
if'?ild ii on the same boat. The repeal of s
ie li ti law h- hail n > uoi.bt would have a ^
iHMusoiiK- eiien mum tno country and while '
ini^ht pincl^ (be farmer lor a while in the v
id would bo greatly to his benefit and make s
in an iudfcj eudi'iit- man vhich ho cannot now f
ii fn Io bo; n
ms. <?. o. BRAM.I:Y
o
lid. the :? if'jo i'I has bo is iv no ably and esbfius- p
V tli.S<T.- S :tl lli.lt nothing IH it*St t-. be: Jj
iM. tlowtivrr ;.a t * ? ry t?ne is givixg; ex?>r. s- a
(iti to ihitir i.p-nion I Mil! say o
"it.ii rofi'rcui'c to 'tic; '"no homestead iaw, i
ink, Mint being imbedded in the Cmiritit-.i:>r?
'ti? a tl.xiiy and thereforo will notdi?cu?a
. if u w? re fin original prop aition whether
noi we should have such a Jaw, I would
iv,- .v iiiet.iititf to aay, as I have vorydooided e
ws on lh\: flabject. As to the lieu law I 1
; tcnH i .'in in tavor of it, because I think ft
.i condition of tho country imperatively I1
injan fi nuch Iaw. It furnished a basis
credit to th'>ac who would oiherwiso b? **'
table to.obtain credit. No ono is forced to C
wivjurmrsra i c/. t cne?a?n>j?rtjt?'A:?' - too.-wsuvr*:*!
tiiko advantage i.f it if he docs u??t. wish to do
so. I believe thai, to some extent nt least,
every nun y is the architect of his own fortune
and it' you give :> man a rhancj and lie does
not sueeeeu Ii?;he f.ult i.> in himself. The
lien law sin.';.;, "'.-. a every man u chance.
If the lien Isiv.- i; repealed, then the land
ewtier wi:) iia\ >.- ? uuike the advauces. It >s
.? lament aha- !'a>"t that the condition of I lie
couniry is mr.-h, that a great many farmers
wounl ke u:i:>hle < > nnike the advance without
mortgaging their lands. Thus it would force
many men to stake all upon the uncertainity
of a single crop.
I think the last Legislature made a mistake
j in their amendment to the lien law. This
I amendment should he repealed and let the
j law stand us it was before. There has been
j so much tampering with this law that it is so
I unsettled that no one not even the courts can
! kv'opupwith it. It is like the vhwso m ValeidtI
scope?ever changing. Let the next legialnI
tore repeal the recent amendment und pursue
i a course of masterly inactivity, so the uier[
chants, the farmers and laborers, and lastly
( the lawyers and indices nnn Irm.w ? ?>? 1 ?
is.
Mil. i.. w. Hiiirn
said I Imvc listened with great interest to the
essay and the discussions which have followed.
I hardly know on which side of this impoi
taut issue my convictions arc. When thi
essayist finished reading his paper 1 thought
I agreed fully with what he had said and a?
each person concluded their remarks 1 could
see no reason why I should differ from the
views they entertained. I do not agree with
those who think all of our present depression
in business and the general poverty of our
conn r\ is due to the operation of thj lien law.
Upon investigation, and mature deliberation,
| the fault will be found more in our people
themselves than in any particular law on our
Statute book. 1 object most strcuususly to
the present status the lien law, for by legislation
and judicial interpretation the law lias
been rendered inellicient and useless for the
object for which it was originally intended.
The lien law is almost a necessity as long as
the homestead law remains in force and 1 disagiee
with Mr. Parker when he says the two
are in no way dependent on each other. The
essayist has very properly discussed the two
together. Th-1 homestead law virtually retires
from credit $l.r>t)0 of property of all men
who have the gooil fortune to be worth that
much. The majority of our citizens are not so
fortm.a e and unless they n o"tgage what little
J they have they would be unable to obtain
, credit. The lien law comes in right here and
J gives an opportunity for credit to the poorer
classes of our people wit hout compelling them
to mortgage what little they have. Of courso
when 1 say lien law, I mean an efficient law,
one that will insure the security it is intended
t<> uive. As loug as the homestead law stands
let us have an etllcieut lieu law, but if th?
homestead Uuv is repealed, if the merchant
: and others feel when they sell goods or ad|
vance money, lliev will be able to collect their
accounts and that the law favors the collection
I of all just demands against their debtors, and
! that the law will not allow a man to hide his
! propt riy behind the homestead act, then the
merchant feeling that there is safety in his
business will be able to sell his goods at reduced
rates and not at the unnatural credit
prices of io-dav. forced uimn lii??
of the great risk lie runs.
MK. E. !?. OAKY
said that- lie was neither in favor of the lien
nor homstead laws, that, the lien law disorganized
labor and put many in possesion of land
i who should not occupy that, position. It was
a maxim of political economy that the owners
of the soil govern the county, and possession
of the soil was near akin to ownership. lie did
not see why a man should have his property
I as a homestead and l?ave his debts uii' ~
; paid. Let tliere be justice before generosity,
i *
j DR. V. V. GARY.
| Experience will confirm the assertion that
I the enactment of the lien law has added so
j little to the material wealth and
i nrosperitv of the State as to he appreciable.
>o douut it would have been repealed long
ago. hut for the fact, that the politicians
were afraid. It was never contemplated
to make it a permanent law, but simply to
tide over the U:ss:s of t.ho short crop of 1805
My objection to (lie law is that it partaken of
the nature of class e^islation and
boss;sm. It is a well known fact that
those who give liens are compelled to plant
the gren'er pirt of the crop in eoiton. The
conse^tiencv has been that our St it<- lias been
u'lijipeiien to relv up-.n <? lurr >'t.;tes tor the
hay, meat and hrer.d that should hp raised at
home. This drains the counirv of all money,
thereby entailing povort v and preventing any
improvement 111 mrricu'tnre. It i=? impossible
to farm succcssftfUy without capital, and to
secure it from the merchant, *\ho i-i turn pecure
it from the factor, who iu turn gets it.
from the banks, entails too much cost. If
Congress would amend the National Hanking
Ad so that mon?'V could bo borrowed upon
real estate n real benefit would he conferred
upon our people.
The lien system has altno *t put i: stop to
diversified farming. It reminds me of a gambler
who risks his all upon one card and loses.
Another objection to the law is that it makes
the party taking the lien a preferred creditor.
There ar*? other debts just as important, that
ought to be paid.
Another objection is it encourages thriftless
farmiuy. which entails a positive losa to the
wiiolf State.
As to the homstend law, we favor that law.
It prevents the buying up of our hi mesteads
by capitalists ami speculators. It preserves
the homogenty of our ( e ?pic, mukes us one,
so soldife I our ii.lluence is felt th.ougout tho
Uvited Sttaes. l,et the law remain as a
monument to oir humanity for the women
and children of those no unfortunate as to bo
stdd out
Who nre Ear mors i
Tito agitMion of the farmers' mnvcmcnt
hns p 'iiscd tlie question* to be raised as to
who is a farmer ond who is entitled to participate
in the deliberation of the farmers' meetings.
Is a man who rents land and gives a
lien a farmer, or only men who nwn and
oporati- (!..'ir own farms ? Is a farmer who is
interested in merchandizing entitled to a
hearing ? or is a merchant who rnnn a farm
of his own to he considered a fanner? Is a
farmer who is also a preacher to bo recopni*pd
and a lawver who runs a farm to be ignored
? Whore i* the linne to be drawn and who
is to draw the line 1 We see these and other
questions raised tn different papers, and we
ivould be clad for Mr. Tillman or sotue one
>lse to throw Home 1'ght on them.?AndersonJournal.
Only n Living.
It is often said as a rroat objection to farmnc
that a n.an can only get. a living out of it.
Vnd what eb<e do tho great majoritv of men
n other vocations accomplish but get a bare
iving? It is estimated that ninety-nine men
>ut of a hundred fail in business, and we
tever could see how the one that did not fail
tood up against the load, as all tIte rest must
we him. Tho truth of thn matter is that
an" i<V?o" the wi ole tl>e rr.oat ind?pender t .
ray .?<; !> a bare living that we bavo
eon. Wheu a nuo owns snmo of tho soil, a
ew cows, hogs an'! hens, he can be nick a few
nonths without being pitched neck and heelfl
ut of th 1 city lemrocrt. or forced 4o go totho
harit-abta fuel soviet v for a ton of cosl. The
rivations of poverty voay be found on a. farm
ut the indignities and humiliation of poverty
re f.uin.i ai.ne in tho city.? Timt* and I)*tn?
cruf.
IJncklcn'a Arnica Sake.
The beat naive in the world for fnta, Bruias,
Sores. Ulcer*, Shit Rheum' Fever Sores*
'etter, Chapped Hands, Chilblains, Corns,
nd all Skin Ernptions, snd positively cure*
ilt'H, or no ?>ay require^. It is misrsnteed
1 jiive perfect, satisfaction, trr money refundi.
Price 25 cents per box.. For sale by
othran A Pertin. 114
* ' V'-' j 'v ' ** ' x'*