' 7
koL, IV.---IH1RD SERIES-
PUBM8IIKD WEKKI.Y :
J. J. BHUNEE,
Proprietor and Editor..
J, J. STj W A K T
Associate Editor.
RATSM OF SUBCHIPTIOW
In kar. payable m advance
I kill .Hon "w
$3.50
. 1.50
10.00
SALISBURY N. C. JULY 3, 1873.
NO. 42. WHOLE NO. 882-
The World Atohhed.
THE AMERICAN
1
1
Button-Hole, DVerseaming
ANp
COMPLETE SEWING MACHINE.
i I
Tin-'first and only Bpfjro N"-JIOLE AND
Tlii unriv.illtd Southern Reinetiy i warrant
ed not to fdntaia n singh? particle of Mkik ukv,
or Any injoriou-i mineral suhUumce,
PURELY VZiafiTABXifi,
ciit.iiniiiK tlioc Southern Roots and Herb,
vttk.li no all-wiiHS I"rovidence has placed in
eiNHitrtea where Liver Diseases most prevail. It.
.(.'. all Diaeuacs cauned 'j Derangement of the
'flu' Symptoms of Li ver Complaint :irea litler
or bad. taAttfi in the moiilh ; l'ain in the Back,
Side r Jo'"1", often mistaken for Rheumatism ;
,,ur Stomach; Los of A ppekice ; Bowel alter
mjlr coAliVeand lax ; Headache; Lous of mem
ory, will) a pa in In I sensatiorf of having failed to
,0 wnrettiiilg which ought to bave been done;
lability, Low Spirits, a thick yellow appearance
of the Skin and Eves, a dry Cough often mis
taken for Consumption. Sometimes many of
lhee symptoms attend the disease, at others, very
few; but the Livkh, the latest organ in the
Mr, ix rcocv-Jly the sent of the disease, and if
'awt 'regulated in tiim, great sulIerLng, wretched
netM nd'I)r.ATU will ensue.
fka (jrrat Unfailing SPECIFIC will not be found
J the feast Unplpmant.
For DYSPEPSIA, CONKfTI PATION, Jamv
JIcp. l.'illious attacks, SlOK H BAD ACHE,
Colic Depression ol Spirits, SO UK STOMACH,
Jftart Hum, 4c., Ac.
St tu in o us' Liver Regulator, or Mfdicinr,
In the Cheapest, purest and Beat pamily Medi
, cine io - World !
ifANCKACTmEI) BY
J. U. ZEIL1N & CO.,
Macon, Tin. and Philadelphia.
Price, $1.00. Sold by nil Druggist.
FOK ft A Lb BY TUE0. F. KLUTTZ.
June lull. . Salisburv N. C.
COME
-
TO THE
BOOKSTORE
LOVE ME BELOVED.
BY EMMET B. WILLIAMSON.
4l.inl.ii,d that, hn-
SLVV1NG MACHINE
mane us a ivi'iu mi-; or anvjotner country.
fa? The toilowinir reasons nr.- given whv
this is the best.
Family Mucking Purchase.
.1. I'.ecause it will do 7i' Because you can
everythiih that any ma-uu'qkv raise or lnwei the
eh tie can do. seivnig ipe.lj Ui adapt it to thick or
ti out the finest to the.tntwloth.
coais-st material, heui- j 8j; Because you have a
niiHg. telling, cording , .sjhoijt deep bobbin- by
braiditig, binding, gath-4-hhh the thread is c u
ering and sewing on. atjstautly drawn from the
the same time .-um.nsr .oenlre: ttie tension con-
uuilliiu ,e:c, hettertiian cqiientl v even and does
anv other machine, jtiotbieak the thread.
2 lJoc-ause the tensions i 9 liecause the passer-
are more easny adjusted
than a.ny othemachine
3 liecan.se it can work
a beautiful button hole'
making as tine a pearl as
by the hand.
4. Because it will em
broler,over the edge mak
ing a neat and beautifu
border on any garment
Ijuotj turns back y that the
loth can be easily rrmov-
d aitter being sewed.
10. Because the best
Aie-chanics pronoirnce it
'.lie lest finishad and made
Dii the best principles of
4uy machine manufactur-
d. It has no springs to
break: nothing to get out
- ill . m f i
r. Dccauae n win woik ni oraer.
a beautiful eyelet hole. 11. Because it rs two
fi. Because it can domiachinesin one. A But-
over-hand seaming, bVroK-HOLE Wokiino and
which sheets, pillowcas-j
s and ttie like are sewed
over ancovcr.
KWISO
Lined-
Machine corn-
Love me, beloved, the lonely hours
Are pawing slowly and sadly by,
I am sad in the midst of my "joyous flowers."
And I feel alone though I know not why ;
Unless it be that thou care si for me not
And I have passed like a thing forgot.
Love me, beloved the music notes,
Which from star to star in the deep sky move.
Come down to ras in those helmless boats
Called the soft night winds. And a hand I love
Waves the deep blue ether to and fro
That the note I love on its way may go.
Love me, beloved that I may learn
Why joy is sparkling in every thing,
Wiiy the P'ire, fair stars in the heavens b-un,
And thir iivcr eieolea of pile HgM fii:ar
iown t.y the earth, 'iivke a ladder bright
For though; to riseito the land of light.
Love me, beloved that I may bear
The beaiitv in which the earth is drowned
Love me, oh ! love me, that then may'st share
The wonderous joy of that wondemus sound
Which the soul of music to earth hath given
In echo true from the f;ir-off heaven.
Love me, beloved for orty thou,
Canst brighten the brightness of earth to me
Canst chase the shaddo.v which veils it now
And make mv spirit as light and free
As it used to be, when life's vision all
Was a gem wreathe and flowing caronal.
Love me, beloved me and all the jfcist
The sorrowful past, will have fled for ages;
The flower fill lift up its head at last
Now the terrible storm has passed away
And the rainbow gleam of this love shall be
Like a sunny light on the troubled sea.
Yadkin College, N. C, June 23, 1873.
on botb sides that a recent decision of the
eapreme Court, Gann vs. Barry, which
went up from Georgia, was supposed to
be in conflict with Hill vs. Keealer, 63
X. G. It., and several subsequent cases in
this Court, in regard to our Homestead
la ws ; and that it is of great importance to
the public, as well as to those parties, that
this Court should reconsider Hall and
Keseler. If it were true that the United
States Supreme Court had decided the
principles laid down in Hill vs. Kessler
contrary wise thereto, we should make
haste to conform our decisions to the deci
sion of United States Supreme Coort,
becanse in all case? within its jurisdiction,
that is the (lightest Court, and the piouer
admi.iistratiuii of justice, and the good
order of society and the comity of courts,
n -quire cuhordiuation. We have not been
ftii nihd Willi an authenticated cony of
!; -i mil in 1 1.- c:i of Goon and Barry,
a ni 1 th' t!'wsi'tp r riort
whU'l. w - pri-surtie : he Conf $t -L.bivi;
coiisidei vti i! eart lullv ; and I do not think
ir Js io conflict with ilill and Kessler. or
w ill any other decision of this Court. On
i the contrary, it i exaet conformity
in that particular case, the plaintiff had
obtained a judgement on his debt, before
the homestead laws were passed, and that,
in Georgia, that judgment was a Uen up
on the debtors's pronertv. which he had
a . m
void T If from f 100 to tf 000 it would be I tary. Uarbanism has changed her ecu
palpable. Ur suppose pe si me as to a pations and turned her adrift.
debtor. I suppose the increase would have
to be striking, and the want of necessity
palpable. . It would be verging on th
at its rendition ; and that thereby the ridiculous to sav that the Suureme Court
plaintiff bad a rested right a property, of the U. 8. or any other Court, better
wnicb could not be destroyed, or taken knows the details of bat is necessary for
from one person and given to another, the "comfort and support," of the citiaens
We distinctly conceded this principle in of North Carolina than the Legilature of
Hill vs. Kessler ; and we expressly dtcid- the State, or that it is a question of law,
ed it in McKeathen rs. Terry. There-is unless io palpable cases. And it would
Mien no conflict upon this first point, be inhumanity to say that, because
There is however this difference between the Legislature repealed one exemption
the law of Georgia as stated in the Geor- law, and substituted another, and a lesser
gia case, and the law in North Carolina : one, therefore the debtor should not have
a judgment in North Carolina prior to any exemption at all. And this too, at a
ihe C-dc has never been held to. such a time when, owing to peculiar circumstan
lien upoa property as to create a vested ces, probably one half of the debtor class
right, a property, which could not be des are owing more old debts then they can
tmyed, or taken fnna one person and giv- pay ! Nor is this irrelevant ; because as
en to auothert We distinctly conceded I have already shown in the quotations
this principle in Hill r. Kessler ; and we made from United States Supreme Court
expies.-ly decided it in McKealbcu vs. decisions, exemption laws are based upon
.it-uy. i nere is men no conflict upon rpollcy ant
ibis nt point. 1 here is however this impair, but are patamoaut to, debts. If
difference between the law of Georgia as under our circumstance, our i.eonle are to
... . I . . . .. "
siaieu in tne ueorgia case, and the law in PC Iclt without any
made her die-
has sharpened bet faculties.
cnqlenled with many elements of
old life, and awakened new tastes,
and aspirations, febe Uvea in a
world and is, in raauy respects, sinew be
ing. Her physique has changed. Obed
ience has dropped oat of her voeabulrry .
Authority has been superceded by attrac
tion. She pi tea in what her grandmother
would have considered a paradise
All onr institutions have beoa Mtwealy
affected by the altered aspects of oer new
civilization ; and it is impossible that such
a transformation as some now living have
witnessed should not have materially af
fected a relation so sensitive as) thai of
marriage, whose terms are determined aN
most solely by the feelings, circumstance
and characters of those who enter into it.
If human beings were made of oast iron,
and nil on one pattern, and sobjwet to the
iw in i De lett without anv exemptions, the ixdirv
with our decisions If there is any thing North Caroiin : a jugdmeut in North Cam- ot cbriitian c viliz'ition is lostsitrht of. and
j SfM iningly in conflict it is only a dictum, Una prior to the Code has never been held we might almost as well return to the
whu-li hinds that Uourt, not us. J lie to he inch a lien noon nroneitv sir to rre- Twelve Tables of the Unman U lf
same strain and temnerature. the nmhUm
Hey and httsnawky mmd they do not would be simple enough. But nature
does not turn out men and women of that
sort, aud into such circumstances, ' are
more.
The writ step towaids e solution of this
marriage question is to comptchend its
';'('" tjruiin and Harry were, that at the a e a vebt.U right, or property in the plain-, the debtor be insolvent 10 several creditors
time when the Georgia home stead laws tiff, or to divest the property out of the let his body be cut in pieces oil the third
.
w
obtained. a judgment
c
No other Machine can accomplish the
kind of sewing stated in Nos. 8, 4, 5, and 6
1 arties using a family sexvmg machine want
a H hole Machine, one with all the improve
ments.
It is to last a LIFETIME, and therefore one
is wanted that will do the most work and do it
the best : and this machine jean do several kinds
of sewing not done on afiy other machine, besides
doing every kind that all others can do.
The American or Pluin i Sewing Machine.
(Without the button-hole parts), does all that is
done on the Combination i except button-hole
and overseaming. - j j
MEltUNEY &:BR0., Agts.
Salisbury N. C.
Examine them before purchasing any other
Sewing Machine.
Ilo not hesitate to ay tre Apierican -Combination,
surpasses all other machine, besides doing all
the work that other machines ran. it overseams,
works -button-holes in auiy faib.-ic; from Swiss mus
Howe's ana the weed machines, and find the Amer
ican far supi ior to them all.
IiSS M. RCTLEDOE
1 have used six different Sewinjr Machines. The
American surpasses them alj.
Mbs. A. L. Rainet
THF HOMESTEAD ACT OF NORTH
CAROLINA DECLARED CONSTITUTIONAL.
EVERYBODY.
And get Bibles. Prayer Books Hytnu
Books of any kiud you want; Histories.
Biographies, Music Books. Music, Novels of
the best authors ; Blank Books, Albums of
the most stylish kind ;' Stereoscopes and
Views; School Books, all kinds in general
use Slates, Inks. Writing Paper of the best
qality; Wall Paper and Wiudow Shades
in great variety, Music Teachers for vocal,
Pianos, Jlanjo, violins Sec.
A WORD TO FAZtrZERS.
Buy a few dollars worth of hooks every
year for your sons and hands and take a good
newsoaper, they will Work better and be more
cheerful. Try it.
AWORDTOrARMERSSOJJS.
You have something to he proud and to
boast of. The farm' is the keystone to every
industrial pursuit. When it succeeds all
prosper; when it fails, all flag, Don't think
vou cau't he a great man because you are
the sou of a fanner. Washington, Webster
and Clay were farmer's sons, but while thev
toiled they studied. So do ye. Buy a good
hook owf at i time, read and digest it, and
then another.
Call and see me and look over books.
Below we give the opinion of Mr. Jus
tice Reade of the Supreme Bench of N. C.
on the Homestead question. As the qnes-
tion is one of great importance to the
citizens of the State, it will be read with
great interest. We give the opinion in
full.
Chief Justice Pearson teas not present
When the decision was rendered. It will be
remembered that he dissented in the case
of HiH vs Kessler decided at a previou
term.
The nresont decision is in the case of
a r
Garrett vs. Cheshire, from Chowan county
The complaint alleges, that on the 3d
of June, 1871, tibe plaintiff "was the owner
and in possession of one bay horse and
one black mule, of the value ot Sd00.
That on that day the defendant unlawful
ly took the sanie from his poasession and
converted tiled to his own use." There
I have used The Rintrer and other machines and '8 nothing else;alleged in the corapaint
1 he answer,; after objecting to tne want
of a Bummons, ;"denie8 all the allegations
in the complaint." There is nothing else
in the answer
The case states that the property in
con trover.- had been allotted to the plain
would not exchange the i Arnerican for any
MKs. H. N. Bkincie.
Samsbust, C., May 22, 1872.
Merokev A Bro.. Agts, American Com. 8. M-
Pib: I have ussd the Howe. Singer, Wheeler &
Wilson, Wilcox & Uibba gewing machine, and
would not give the A merlon Combination lor all of
thein.lt will do all that isclaamed lor it in the siren- UQ a8 jM!4 perona. property exemption as
lar. 1 consider its niierior o all others! have ever I . . i .. t l .. :
seen.
Very Respectfully.
Ms. ifrEo. W, BLabrisok,
We the undernigned tike!'et pleasure in giving
our testimony of favorjof Jthe American Sewing
Machine in preference to any other, believing that
it is truthfully recommended asjhe best machine
made. It is simple. rnSs vi-ry light and does not
. a i s..: t
geioui oi oruer or uropsm ;es.
Mrs. jJjArBA m. overman,
A . L. Focst,
"J. Au Jen Drown,
" A i W Mothers.
Aj E.r Jones.
" Mi K Thomason,
We have seen flaming adyert sepients and heard
much said by Ajrents ot oilier mactiines
We will forfeit one liUndtens .tohais to the con
tending puty. if alter . fair trial before competent
judges the American Machine will not do as weH
if not better, the work donjon any other maenine.
and do valuable work that no other machine can
do.- I
We have been AgenM fori Sewing Machine since
1856 hav sold Sing.-r's Lad Webster s Atwater s
a-id v loience s
American.
Send and net sample ;af Wo k-
No40.-f. MEUupEY&BRO Ag'st
passe
Guitn not only had a debt
"aiust Ins debtor, but had sued him, and
t him, which
s t It. m
a- lien upon ttie neiitoi s
and thereby Guuti had a vested right
land, which the homestead law
not divest. And therefore, the U.
ilirinent was
in
in tin
uld
S. Supreme Court, in its opinion, we
.J K .1 . . . 1 . - rti l w .
u ii'iiuani, or to invest the omccr. 1 he maket day. It may be cut into more or
only rbrce of the lien has been to prevent fewer pieces with impunity ; oril his credi-
the debt or trom selling it. It requires tors consent to it, let him be sold to
not only a jugdinent, but a 1c vy to change foreigners beyond the Tiber." Cooper's
the property. Ladd vs. Adams. G6 N. C. Justinian. 665. Ann.
T I II
R., 1644, Norton vs. McCall, Id 1-09. This, at least, might not involve his
The set o id point decided in Guun vs. wife and children in his suffering ; and be-
B.irry is, that the Georgia homestead laws sides, as long as the creditor chose to keen
says: "The effect of the Act in question impair the obligations, of constracts. We him in custody under the Roman law, be
(the Georgia homestead Act) under the conceded in vs. Kessler, that any law was obliged tn allow him "a pound of meal
circumstances of this judgment, does in- which had that effect was void. We said : a day." But, if our c oemptions are de-
deed, not merely impair, it annihilates the ''We concede that if this exemption im- clared void, then both ibe debtors and his
remedy.. 1 here is none left. But the patrs the obligation of contracts, either family go without evep his "pound of
a. .Ml r 1 t i i .11 . .
Act goes sun turttier. Jt withdraws tne expressly or by implication, tf it is against meal."
and from the line of the judgment, and the Constitution of the United States, The opinion in Hill and Kessler. the
thus destroys a vested right of property, and therefore void. We con- leading case in our Court, was prepared
wnicn the creditor haxl acquired in the cede also that a contract must be under- with care, after much reflection and ex-
pursuit of the remedy to which he was stood with reference to existing laws for animation ; the conclusion arrived at was
entitled by the law as it stood when the its enforcement." And wc said, also, against my former impressions aud pre
judgment was recovered. It is, in effect, that the S'ate cannot abolish or injurious- judices, and against my pecuniary inter
taking one person's property and giving ly charge the remedy. It is not the de est, but I was satisfied then, as I am now,
it to another w ithout compensation. I his cision of the L . S. Supreme Court, and that the decision was right. And it will
principle was expressly conceded by us our decisions, that are in conflict, but it be upheld as the law in North Carolina,
in Hill vs. Kessler; and was expressly is the Georgia homestead laws and North unless and until the Supreme Court of
decided by us in heathen vs. lerry,64 I Carolina homestead laws thSt-arc unlike
N. C. R , p. 24 and was the only point in as has been already shown.
that case. ' And subsequently we decided 1 know that we cannot always look to
that where there was the lien of a trust ihc hardship of cases to cuide our decis-
n
aioiis they arc the quicks. aids of the law,
but still uis proper to look to the effect of
our decisions to enable us to see whether
we are carrying out the purposes of legisla
tion. What is the purpose of exemption
legislation ? Is it to defeat debts ? We
have repeatedly said that this was not the
deed the homestead law did not operate.
It is true that it is not only dcciaea in
Gann v. Barry that vested rights were
effected in that case, but it is alsu said,
that the Georgia homestead laws impair
the obligation of contracts, and therefore
void. Jt is also conceded tn Mill v. ives-
the United Stalea shall decide that the
homestead laws of North Carolina are
void.
There is no error affirmed.
Rtad, J.
From the New Yrk Graphic.
THE MARRIAGE QUESTION.
I
sler. and in all the cases in our Court, object ot our exemption laws. But that
that if our homestead laws impair the the purpose was to secure necessaries and
obligations of contracts, they are void, but comforts for our citizens. This iB not left
our cases are nil put upon the ground that
our homestead laws do not impair the ob
ligations ot contracts. And it may very
well be that the Georgia homestead laws
do impair contracts, while North Carolina
homestead laws do not. They are not
at all alike. In order to show that the
Georgia homestead laws do impair the
to inference, but our laws have themselves
declared this to be the purpose. Rev. C.
a
The marriage question is just now at
tracting universal attention. It interests
everybody. Some want to marry, but
cannot. Others are married hut want to
be free. Others imagine they nrc married
to the wrong person, and would like to
chap. 45, s. S. And this is paramount to exchange the misery they have for cm
till debts
The Supremo Court of the United
States in a late case, Van Hoffman ys.
the city of Quincy, 4 Wal. .r35, In speak
ing of exemptions which the Slate may
THE SOUTHEp MUTUAL
f RE
I
COME TO THE
PHOTOGRAPH GALLERY,
j
And Get a Good Picture.
We will give you a good picture r not let
you take it away ; for we don't intend that
any bad work .shall go from this office to in
jure us and the business. Cwli and try.
Up Stairs between Parkers ct)id Miss Mc
Murray's. Call and examine iny stock of WalPPaper,
Wiudow Shades. Writing paper. Inks &c.
Mind I dou't intend to be under sold.
Feb. 27, tf.
AGENTS WANTED FOR
wcCLELLAN'S
-" o vs nn i lv run fc.ii.imv
against certain; executions winch were is
sued against him fiom Chowan Superior
Court, on debts contracted since the rati
fication ot the Constitution ; and thereupon
the executions were returned to Court,
endorsed, 4nothiug to be found." This
is of no importance in the case, and we
suppose it was! stated only to explain why
the allotment bad been made.
It is f'urtheristiited as follows "On the
20th of May, 1871, the same property
was sold utidef- an execution from the U.
S. Circuit Court at Raleigh, for a d-hl
contracted and due in 1867, at which sab-,
the defendant purchased, and was placed
in possession by the Marshal.
It is fut h r stated that, "upon the trial,
the defendant asked the Court to charge
and have abandoned all for the that the property ni controversy was liable
j f to the execution from the U. S. Ci'cnit
Court, and tlN seizure and sale by the
Marshal under which he claimed were
valid."
The Court refused so to charge. The
Jury found the issue for the plaintiff, aud
the defendant appealed.
Having only appellate jurisdiction, it
is plain that We are confined to the record ;
and that wc can know no fact which is
not stated, and can decide no point which
is not raised, and must sustain his Honor
unless error alleged is the refusal of his
Honor to charge, that the property in
controversy w!as liable to the execution
from the United States Court, andj that
the sale by the Marshal was valid. His
Honor must be sustained unless we can
see that the execution and sale were regu
lar and valid. Now, if there can be such
a thing asan invalid execution, we are to
take it that this was invalid. It is true
that it is stated that it issued npon a debt
due in 1S67, and if we assume, what is
not stated, that it was a debt due from the
plaintiff, still it is not stated that there
ever was any; judgement upon the debt,
in any Court,; at any time. And if there
was a judgment, it is not- stated whether
it was alive or dormant ; or whether it was
ag:iin"t the plaintiff or some other person ;
ot whether it was issued to the Marshal ;
or what was its form or substance; or
whether the levy and sale were regular.
Surely we cannot say, upon such a skil
fully observed state of facts, that the de
fendant is entitled to the charges asked
for.
And bis Honor could not assume that
there was a regular fudgment and execu
tion, without assuming what ought to be
improbable, that an inferior U. S. court,
sitting in North Carolina, would subject
the property of its citizens to sale, when
the highest court in the State had repeated
ly decided it was not subject to sale.
It was stated at the bar by the counsel
obligation ot contract, the learned d tinge make, say s ; " 1 hey may also exempt
in his opinion, copies the Georgia exemp from sale under executiou the necessary
Hon laws prior to the present homestead implements of agriculture, the tools of a
laws, to show that they were very small mechanic, and articles of tiecrssity in
land not exceeding 200 in value, and household furniture. It is said regulations
. i . i v I
they know nothing about. 1 here seetns
to be a vast amount of acute iitilation and
diffused discontent in our present conjugal
relations, while those w ho want to marry
but are not wanted in marriage, and those
who do not want to marry but are wanted
and wooed, keep the water uncomfortably
ngitated. Doubtless there are as many
happy homes and contented hnsbauds and
wives as ever : but thev have an amiable
personal proprerly ot small amount, and of this description have always been con- habit of keeping the fact to themselves,
sidered in every civilized community as and are not coustantly pulling the mar-
INSURANCE
COMPANY,
OF Kli llllO YI. VA.
Assetts, 1st January, 1&73, - $472,867.23
. i
Issues Annual, Term, and
Participating Policies.
' 1 1
Farm Property a Specialty.
DR. H. G. DAVIDSON, President.
- 3 lis
JORDAN N. MAfyTIN, Vice-President.
J; E. NEISWANGEjR, Secretary.
. B. JONES, General Agent.
J. ALLEN BROWN, of Salisbury,
Canvassing Agent.
LEWIS C. HANfcS.oflwgton,
Local and travcJJ ing Agent.
May 22, ly.
then be copies the homestead oxempttons
to show that they are very large ?2.000
land in fee simple, with all subsequent
improvements in addition, and 81,000
personal property. And then the learned
.Judge says, "No one can cist his eyes
over the former and latter exemptions
without being struck by the gently in
creased magnitude of the latter." And
thence the inference is that the ohi -ct of
the lutter exemptions was not the secur
ing of necessaries to men and their famil
ies, hut to defeat deb's.
Now compai e our former exempt ion la s
and our present homestead laws wi;h those
of Georgia. Our Act of 1856 Rev. C.
exempt personal property, articles byname
which be of the value ot several hundred
dollars, more or less, according to the cir
cumstances of the debtor's familv. And
in i866-67, prior to the existence of the
debt, in the case bctore us an act was pass
ed exempting "all necessary farming and
mechanical tools, and work-house, one
yoke of oxen, one tart or wagon, one milch
cow and calf, fifteen head of hogs, 500 lbs
of pork or bacou. 50 bushels of corn, 20
bushels of wheat, household and kitchen
furniture uot exceeding S200 in value.
The libraries of attorneys at law, practic
ing physicians and ministers of the gospel,
and the instruments of surgeons and den
tists, used iu their professions. Acts '66 7
cb. 61.
It is apparent that an allotment of those
articles approximate 81,000 and in many
cases would exceed that sum iu value.
And the same Act allows a homestead of
100 acies, without restriction as to value,
which the improvements, many cases
would be worth the improvements, many
thousand.
In 1868 our Constitution was adopted,
and in that, our present homestead l.iw is
limited to $1,000 realty, not io fee sim
ple, but for a limited lime, and peisonalty
to the value of $500. Can it be said of
our Homestead law, as the learned Judge
said of the Georgia law, that any oue in
casting his eye over them, as compared
with former exemptions, would be struck
by the magnitude of the increase 1 Our
homestead law is not an increase but a
restriction upon former exemptions. And
they were not made to defeat debts, but
to secure necessaries and contorts to our
citizens.
From the explanation it will be seen
that the decision of the Supreme Court of
the United States in tho Georgia case,
conflicts in nothing withrour decisions;
but thev are in exaet conformity. The
properly belonging to the remedy, to be
exercised by every sovereign) aceording
to its own views of policy and humanity"
And a former case, Bronson vs. Klinzec,
1 How, 311, Taney, C. J., said the same
thing, adding that : "It must reside in
every State lo enable it to secure its citi
z ns from unjust and harassing litigation,
and to protect t In m in those pursuits which
are necessary to the existence utid well
riago relation
there
up by I he ro its tr see if
is not a possibility that its leaves
-
may wither and its branches die. But
there is a great deal of uneasiness and
irritation. Statistics show a la gc increase
of unmarried people. Divorces are num
erftus, and separations without 1. gal au
thority aie more numerous still. The
number of young men who do not propose
to marry is alarming, while uot a few
being of every community. And in Plan- like Mr. Knight, of Malta, would like to
ters Bank vs. Sharpe, 6 How. 301, Mr. marry on time to separate when the mar-
Justice Woodburry, in delivering the op- rying freak if over, or the gloss of the
inion of the L oiled States Supreme Court, relation is worn off. 1 here is a certain
enumerated exemption laws among the flippant and jaunty way of talking about
examples of legislation which might be the most sacred of human relations whi-.h
constitutionally applied to existing cor.- shows a strange want of appreciation of
tracts. The purpose of our legislation' or faith in it, and lectuers elicit applause,
being to secure its citizens the "necessar- by cracking jokes at the expenseof'ihe poor
ies and comforts" of life, and this having fools who have suffered themselves to be
been decided to b a legitimate purpose, caught by its sentimental chafl ; and crude
and paramount to all debts, let us see in and loose notions of the relations of the
what condition our people would be if our sexes are floating-Abiuit in society, and
homestead laws arc declared to be void, finding more frequent lodgment and plau-
Our homestead and personal property ex- sible advocacy thau ever befjre or than
I s , .
caption act repeals all other laws upon many inagine.
the subject. Therefore our debtor class The marriage question i? up, and w ill be
are to be left with any exemption what- discussed in spite of all anybody can do
a ll . - - 1 T 1 1
ever ! rot even a bed or a crust ! or is to prevent u. i .-maps me courageous
terms. W e are in the midst of & beJe
ing-up period. The old order of thing
is going to pieces, but the new is sol form
ed. We stand midw.iv between what
j T ' -
and what i. to be. Behiud us is tradition,
aud before us scicnas. We ansVr fmn
the confusion inevitable to the transition
epoch. The time for readjustment baa
not come. But there is no cause fr alarm.
The sexes compliment each olbar. Man
was made for woman and woman for man.
Each attracts the other by soma inexpli
cable law, and finds iu the other that
which nothing else can supply, and with
out which sll else would be unsatisfying.
The sexes ptrpetnally prophecy each to
the other ; and, out of their ceaseless woo
iwg, all that is best in cultnre, finest in
art, purest in enjoyment, most beautiful
and enduring in literature, and honest it
religion, come. Iu some form, (he mar-.'
riage relation will endure while civilisa
tion survives and the ideal marriage is of '
one man and oue woman for life. jSo much
is beyonnd question, save with those wild
theorists who would resolve society back
into primitive atoms ; and institute anarchy
and animalism by statue. But all that
relates to the form and circumstances of
the relation ate open for reconsideration.
In discussing iu three points pro to ha
kept steadily in mind the affections, the
tastes, and circumstances of individuals,
the rights and welfare of socieUL atnka
requirements and culture of children.
But in most of the discussions, the solo
point considered has been the tastas, pleas
ures and w hims of the parties iramcdiale-
v concerned. Society is forerolien. and
hildrrn arc ignored. 'rhe idea of daty
is sunk out of sight in a passion for en-
oymeut. Marriage means sometbiof
more than pleasure. It means education
in its largest and noblest sense. It means
the poetry of life, the religion of the affec
tions. The real question is. not bow to
ft f
t tbe unmarried married or 'thf married
unmarried, nor the mismated paired lo
their mind, so much as how to make tba
most and host of relation so intimate and.
vital that it affects the color and character
of every thing in life. It is east enough!
to get nothing but irritation and headache
out of it. It is easy enough to magnify
its little infelicities into posit vo miseries,
as many do to their cost, but ho vf to make
it a constant enjoyment and education is
the greit qrcMion. Perhaps if this
practical aspect of the problem iwere COO
idered more frequently, we should hava
ew r unhappy marriages and ! bear leaf
about the decay of the marriasrO relation.
! T
And pei haps the unmarried would be mora
inclined to marry it they heard less of tho
irritations and saw more of the falicitiea
of marriage relation, and weri satisfied
that joy exceeded its trials, and its satis
factions would offset He cares
Georgia ease decides two poiuta ; first, that reasonable or uuueccssary, aud therefore volution within three-quarters of a cen
I - . e. and only complete H-Uory of
I im I aclfie Stnpc ; Ih-criptiomof rl . Seasons
Products, MnnmaihvScenfry.Val M-W leys. River
l-akrv Koreite, W aterfalU, llaysfc HrW. 700 Pages,
-vu iMMmtS 'in and Maps. Iltu&irated Circulars Free,
there any relief in bankruptcy ; because
a large portion of the debtors have not the
means lo pay the expenses, nor are their
debts large enough to bring them under
the bankrupt law.
And furthermore, the late amendment
to tbe bankrupt law allows such exemp
tions in each State as the State law makes
and North Carolina exempts nothing.
And then we haye it, that exemption
laws, which are therefore better for the
creditors, are declare'o void because they
are too large, and impair contracts ! And
hero it is to be considered, if necessary
exemptions are constitutional, and untie-,
cessary ones are unconstitutional, who is
to judge of what is necessary ? It would
seem that the Legislature is the proper
body. Legislatures have heretofore done
it, and the Legislature of every State in
tbe Union has done it. And in ho single
case has a Court ever done it. The near
est a Court has ever came to it is in the
Georgia case, in which the Court says.
that where there Was an exemption of ) cost for living has trebled, and compara
S200 worth of laud, and it was increased tively few men can afford to support an
to $2000, the "magnitude of the increase" j establishment to correspond with their
was palpable, and made it void. Suppose tastes and the expectations of those tbey
this case: A widow is allowed a year's associate with, while children are regard
support, say $100, aod the legislature al- ed as undesirable, if not unendurable. So
ters the law frMi $100 to $200, would tho far as woman is concerned, there has been
Courts undertake to say that it was un- an industrial social, and intellectual re-
way ot approaching it is the wisest and
be6t. Nothing is gained by resisting lhe
inevitable. Let us look the difficulty ful
iu the face. But a great deal of the talk
on this subject overlooks the altered as
pects of modern society and life, aud fails
to see how the changes in our en cumstan
ecs, eastoms aud cultnre have necessarily
affected all our relations and economies
1 hree-qiiartera of a century ago, most
men lived and died where they were born
1 heir existence were circumscribed. 1 ueir
tastes were domestic. It was their ambi
tion to rear a family well, and leave tbem
a cumin tency ; and a fortune tbeu would
hardly be counted in a large annual in
come to day. Now, viry body is on tie
move. We are a nation of nomads. We
are a race of cosmopolitans. Everything
is unsettled. Everybody is on the go
All our tastes, and ambitions have altered
Business is done in another way. 'Ihe
restaurant, the club and the hotel have
. .a a - i -
suner-encd the home tor thousands, l he
i
A GIRL
WHO NEVER
YOUNG MAN.
BAW
i
A
An old man w ho lives near Sj. Helena.
Cal., in a wild solitude, has a v4ry pretty
daughter, aged ID, who had probably
never si tn a young mail
i
till fcer father
.... . . .
toot her to a:i 1" iaiicico the Other da
to seo the town. She was dlreased a
prettily, for the firs: time in her, life, an
her silks aud ribbons and the gay sights
almost turned her head. But wbat roost
interested her was that hitherlolunknnwa
being the young man. Every lime sb4
saw one she would fix her eyes earnestly
on him, and she actually made severs)
attempts to get away from tire; old man
that she might cultivate tbe acquaintance
of these young gentlemen, so that he finally
caught her and led her by the Hand. Al
ter h got her on the boat for Vallejo, oil
the homeward trip, he felt pretty safe and
concluded to take a drink. He took SOi
era I, and in his absence tbe daughter
made the acquaintance of two sprightly
young men on the boat, and be was 00
fascinated with male society that she mads
arrangements to forsake her bid father
and go with tbem. She successfully gavo
her f-tber the slip wben tbey left the boa
for the cars, and tbe infatuated girl waa
stowed between them in a smoking car. -But
her father found her and whirled he
out of that car, iu tbe liveliest; manner,
and kept his bands on till they rescbed
borne. He will not expose bar to such
perial again, and the poor girl is deotiaei
to close confinement oot ol tbo world ot
young men unless she runs away.
A young drug clerk in Savannah,
named William F. Reed, tried a novel
chemical experiment lately. He placed
tbe mnzzlc of a pistol within tbe bung
hole of an empty whi-key barrel and fired,
just to see what it would do Now be
sees with but one eye, and carries a
not al all noted for elegance of outline.
f 4
1 1.1 M A CO . ATLANTA. (.KOHGIX.
1