North Carolina Newspapers

'n-i-MLi s?uuiuukv qhirnvlv.i jim:ii;.miYtwr mm . Lsld 1 dArf A II dill . ' . . ti; -j - -- 4 - 7- Vi 3 fTS TS 1 St u- -I-!' i j si iJ i'Xi J 1 1 i i I -V " i !i vi ,v - - - s " v 1 'j wA V'k 'M ! 'jtJ ; ;-;risr? Junta J !l vol. in. RALEIGH; Nl-' C;,-.TT OCTOBER 23, -.... , . " '. !-J i:!"V .i?i-t ft .ft nil mj 1 'r ' il'tb 1 - . A ....... " . . ... . . t THE WEEKLY ERA. V. M. BROWN, - - lAKAGZR Wiklt On year, in aaranc, Six months, Three months, . . 2 00 1 00 50 1 m. 2 m's.!3 m's.6 m's.12m's 1 8oaV$ 3 00 5 00 T 00 $10 00 18 00 2 do i 00 9 001 12 00 IS 00 18 00 18 00 23 00 40 00 12 00 16 OOr 28 00 S do 4 do : S do 7 00 00 10 00 15 00 17 00 IS 00 20 00 SO 00 60 00 24 00 28 00 32 00 S5 00 60 00 35 0Q 40 00 45 00 50 00 ' ' Col'n. 12 001 do 1 do 20 00 80 00 80 oat 80 00. ISO 00 rTrnlnt mdrrtllag owidolUi per q un.rm roru nm na rim ior wen lawequfoi ineruuu. Jo Fjuzrrrsei Job Work neatly and promptly cxecnted, of every stylo and on tbo moat roaaonablo terms. Orders solicited from all parts of th 8UU. Coukt Blxks a tpteialty. Just .Arrived l&ore to oome 1873. FALL STOCK. 1. S.WAITT, Dealer in 1873. READY MADE CLOTHING rORX KX, TOCTU'i AKD BOTS. DRY GOODS, Beeta Shoea, Hats a4t Cap, Cen ai4 Lavtlea. Iumlshlns; C;oaTa, Aetiesia, . lloalerr, Prfamry, Traakt, Vaulae, L'm . krvltM, KavUrMUl liar. La- I risk If aaa sa Hisbn, Nblrt- lar abtla:, 4cc.v Ac DRY GOODS. F'ry8atns'ta, 600-1200 Ca Iopllna, ZTr HraTer" 3000 .?;?Ffy Satinet Sack Hia Alpaca, bingle brraat BfOio l Shirts. loo-lZi'rt J rJ' 100-709 6 (JO-'JO 00 Bed Uut.. Uu-ioi Ilmta and Caps. 114 Cotn.'.irta kf...-. and SprtMl 173-300 - u lde brlm V2ri0 h&U, (-200 W 00 as . won. nnd r ir n grt-t WShir7.M.-d variety. 50-300 Wool, und'r, 150-275 Boeta and Shoes. - White Drill Irwer, 30-1 buotx, 4 0D-S50 - Half bow la I- k."""L' J . flna Lr 1 Linen h'dkr. -lUo!M ' Kal 'rl shoes. 1 50-4 30 . Coiot-d - .i- liUlUkU cou Uailr. S0O-S5O lAdlea Hats Hlbfcaa. Ladle Prome- aas uoyi t and i I" Bain v.taJ 0,,' ,uuyi u ia,peg u ; MWeU, Z 00-4 79 Balmoral Jt nad Hat. 200-3 Her. 100-290 IVdTCairew- CiliL Vir- J.J- I11--h'a.'m-SuO ClAkli. I Sboe, To tuy Friends and the Public Generally: Having been favored with your libe ral patronage for the short time that I have been in bwtiness, I take this op Krtunity to return my thanks, and re spectfully solicit a continuance of the favor shown me. Cornel bring your frieuds, that you and they may see and know that X. Waltt'a is the place to get the full value ol your money. Respectfully, JJ. S. IV A ITT, 18-3m ,T. McC. X12RltirCS. Counselor at Law and Solicitor for Patents, 513 Ilk SLt Opposite U. & P. O. Dept., WASHINGTON, D. C. -:o:- SI'ECIAL ATTENTION GIVEN TO contented and abandoned caaea un der the Putent Laws to Appeals, Re iasuea. Interferences, and Intrings menta ; and to suits at law and equity, growing out of the rights and interests of Patentees, i-Correspondence solicited. 14 ly R. C. BADOKR. T. T. DEVERUX. BADGER & PEVEKEUX, Solicitors in Bankruptcy, Office in Sironach BuUJJng.second door North of Yar borough House, DALEIca, 7f. C, Will atUnd to all casos of Bankruptcy. Mr. Badger will attend all the terms of the District Courts. No extra fee charged for consultation. May W, 1873. 47 tf. T. IL PURXELL, Attorney-'at' L a W , RALEian, X. a ' Will practice In the State and Federal Court. OFFICE near the Court House. 11 ly. Bailey Attorneys Sl McCorkle, and Counselors at Law, HALIHUUKY, O. . 4i6m ",V ; c. EccLEa. - :' v i Proprietor. CENTRAL, HOTEL, CHARLOTTE, N. C , March 7. 1S7S. 171 tf C. C. WILLARD, EBBITT: HOUSE WASHIKGTOX, "4S-3m ' I j . t. ' C. ppfF In FAaTCV GOODS, TOYS, BASKETS, FIDDLE STRINGS, ' CONFECTIONERIES, CANNED GOODS, MU8ICAL INSTRUMENTS, JELLIES, PICKLES, ' CaXea, Clears and Tobacco. Don't forget Brown's .Variety Store, , RALEIGH, N. C. , - I-2m MONSIEUR E. BESSON, MERCHANT TAILOR, '.West Side of :FayettevilIe St., . Opposite Metropolitan Hall, IS NOW PREPARED TO GIVE KITH to all who may favor him with a call. Fanalsalar Goods "Sax'nvw'l l.v Men s Wblta U m'.h -rriLr;ir;?x; Boy. wool - jo-i POETRY. An Old Saying Amplified. - btj. r. i. 1 The saying evident will prove, i . To those who study unman nature; That "money makes tho mare move" With the mass of human creatures. The intellect burns e'er no bright, ' Its presence never is detected. Unless it meet the human sight. From burnished silver plate reflected. Yes, genius in a cloud may stay. While fool, disport in finest weather. jjnnry to ffrtctfne, paves tne way. Then band in hand they go together. And he who earns it not, is he ,r ' Who reaps in life the praise and pleas ure. One. toils for it most earnestly, . , . TM otner abows bis goiaeu treasure. If roan, to jrreatnes would aplre, Know airtiil rule, itlaspeciflc: JJeforv bo oompmtm bis (faairey- w- " Of money no must be proline. . No matter when, or how 'tis gained, So be but have it, that's sufficient; The only one who is disdained. Is he who of it is deficient. If one do steal, and wealthy grow, II is was a happy speculation But if one's poor we all do know, lie's never safe from accusation. And If, when rich, his failings show, By "kleptomania" he's protected. Yet, is there anyone who's known. A poor man that way be ant-cteur No if he be but poor he'll st al And justly merit degradation. And ull mankind gainst him will feel, Deep and virtuous indignation. No matter ifhe's oor, how true. His ledger's balanced with Jehovah; He is not known lor from their view Poverty's cloud his good deeds cover. But if he's rich, tho ne'er so mean, Men praise his deeds and well record them ; And if he has none to be seen, They'll make him some, and then ap plaud them. IMPORTANTto BANKRUPTS DECISION OF JUIGE RIVES ON THE HOMESTEAD. United States District Court Western Virginia. Power to exempt and discharge is ple nary, and has no limitation except in the discretion of Congress. The amendment of February 18, 1S73, exempting Homestead and personal property from all debts con tracted before or after the adoption of the State Constitution, whether in Judgment, and execution issued and levied thereon or otherwise, declared constitutional The provision of this amendment ap plies to all cases pending at the time of its passage, and operates as a limi ' tation upon itle of the assignee. Homestead may be selected by the bankrupt, from money or other per sonal property not vested in others by decree or otherwise. In re W. W. Keen, Jere White, and others, Bankrupts. . t IUvEs, J. These cases have been- presented and heard, together by way of raising for decision a variety of questions upon claims of Hon: e stead. These questions arise under the late amendatory act of 3rd March, 1873 ; and so far as they aro undecided by me, relate to tho ap plication of the relief thereby grant ed in cases pending at the passage of the act. The question of the un constitutionality of this act, was de cided by me at my Spring term in Lynchburg upon very full and able argument ; but I have been willing to re-open the subject and review my opinions at the instance of this Bar, for whose ability I have so much respect, and from whose re searches I am accustomed to derive so much assistance. ,To dispose of those numerous ca ges under the different phases they wear, we must seek to settle some general principles to serve as clues to lead us through this labyrinth. This labor we might be saved at the threshold of the enquiry, if, in deed it be true, as contended for by the counsel opposing these claims, that this relief is unconstitutional because it divests rights of property without just compensation and without due process of law, contra ry to the fifth amendment of the United States Constitution. I do not contest that there is a vested right in judgment liens, which can not be invaded under this provision of the Consiitution, unless an ex press authority can be found for it in another part of that instrument, all parts of which must be construed ana stand together. But this ex press authority is given in the pow er of Congress to pass a uniform Bankrupt Law. The scope- of this power came directly under review of the Supreme Court in the Legal Tender cases (12 Wall, 457). The dissenting justices in that case, while invoking in their behalf the fifth amendment of the Constitu tion, and denying to Congress the right to impair contracts, yet con ceded to Congress power to avoid the one, and Accomplish the other In the passage of the bankrupt act. Chief Justice Chase says: -'It is true that the Constitution grants authority to pass a bankrupt law, but our inference is, that in this way only, can Congress discharge the obligation of contracts, it may provide for ascertaining .the inabil ity of debtors to perform their con tracts, and upon the surrender of all their property may provide for their discharge." - Justice Fields, who also dissented, said pointedly : 'The only express authority for any legislation effect ing the obligation of contracts, is fonnd in the power to establish uni form system of bankruptcy, the di rect object of which is to release in solvent debtors from their contracts upon the surrender of their proper ty." Without, therefore, resQrtinjf to the doctrines of the majority, of th,e Court, I consider it a concession n these cases, the power of Con gress, in enacting a system of bank ruptcy, to infringe vested rights and impair the obligation of con tracts. But it is argued that the late case of Gunn vs. Barry, (15 Wall, 610), is an authority against this view. It is, however, upon a different question, namely, the power of a SUite constitutional pro vision, to divest the lein of a judg ment, and is, I am glad to find, a conclusive authority in support of the decision of our Uourt of Appeals upon the eleventh article of . our State Constitution. But it does not touch in the remotest degree, the power of Congress to disturb vested rights or impair the obligation of pqntracts so far as the same may re- suit from the doe exercise; of, express power to establish a uniform sysiem oi uanitrupicv. xrauDiuy luoiLsnes Deiweeu Ji ueruaii n express ray surprise that the. bar or the general assetts of the Bankrupt, the press should quote this decision was; acknowledged ip the f opinion as at an pertinent to wie unsiuera oi tne court in tne aeciston ui ' t:on of the provisions of a Bankrupt cases. Hence the object of the Law enacted by Congres in pursu- ishUure asked, was priraarily f anceofan express power, j It is of Uevp th Ilpmestead ol thi3 lfag the essence" of a .Bankrupt j Law to restriction arising: from. theinaDur give exemptions .and grant! a dis- Ity of the tate .Constitution , I cnargu. . uiiiicriu ut! uuno Willi out invading vitslfd rights.land de Stroying the obligation of the con tracts; both have the same efiect and one not'iiiore than the other : the oblectiouf abolieMVwith'.equal force tu the exemption and the dis charge; aud if walvedi as 11013.0. the progros ofaC irs a it must be, to the disci arge,i can not be urged, as it ha beep in, argu ment here, as . having . greater, force againsciiie effect of;tue exemption. Tr objection to tho Acfcuf March 3. 187S. for want of - uniforoalty Is far more plausible and dliScut., As ihe law stood befarathis mactmeut, it gave the State exemptions la force in the year 1871. Objection was made to that on account of the diversity of these State exemption laws; but that object mayboeon- sidered as overruled by the Circuit Court of Missouri in the case of Becherkord (4 B, R. 59), in which Justice Miller and the District Judge united in . pronouncing the opinion of the Court against the validity of the objection. . This de cision has been generally acquies ced in, and I have never heard any authority quoted against it. But while the property of recog nizing State exemptions, however varient in the different States, as proper to be allowed by. Congress in its bankrupt system upon; the same principle that these exemp tions arejrespected and served in the final process of execution from the United States Courts, it is urged that this act of 3 March, 1873, goes beyond the State exemptions eo nomine, removes restrictions there from, and in this way purports to amend State Constitutions and laws. We have seen that the power to ex empt and discharge is plenary, and has no limitation but the discretion of Cougress. It cannot alter the State exemption for State purposes; this would be, indeed, as urged, to alter State laws ; but I do not see why Congress may. not, in its dis cretion to effect certain objects in its bankrupt system, relieve these State exemptions of restrictions deemed hostile to the spirit, princi ples and alms of that system. If it does so, it is a separate exercise of Congressional power, adding uniformly in all the States to the exemptions made by them ; and is an act defensible upon this theory of the unlimited power of Congress in the euactment of a Bankrupt Law over exemptions whether given directly as an act of Congress or indirectly as a recognized, and adopted act of the State. This act, therefore, in unfettering the State exemption of certain restrictions, and enlarging their operatiou, is in its nature mixed: and partakes of .State, exemption .in one aspect. and in the other,f a Congressional enlargement : thereof. : . If, In .the first aspect, it has been judicially sustained, as we have already seen, as meeting the requirements of the Constitution in point of uniformity, I do not see, how, in the other as pect, it can be assailed as lacking this essential attribute of uniform ity. The Congressional enlarge ment applies equally to all the States, and gives a uniform rule whereby to administer these State Courts, but in Courts of Bank ruptcy created by Congress to carry out their system of bankruptcy. ' I do not esteem it necessary to elabo rate this view. I content myself with this brief statement of the reasoning which conducted rne to the conclusion that the act of last March was not obnoxious to this constitutional objection, however plausible and difficult of solution it seemed at first. But if the case had been stronger against the Law, it would scarcely become me in my inferior position in the Federal ju diciary, to show such want of prop er defence for a high co-ordinate de partment as to pronounce their act a violation of the Constitution. This I might be constrained td do if my convictions if its unconsti tutionality were clear and settled ; and in such a case I should not shrink from the duty to do so. . But I am inclined to believe that those who may not yield to my reason ing, will at least agree that it is a case of doubt, which should always be resolved in favor oi the Legis lature. I must, therefore accept this act as binding on the Court; and to be construed, and' adminis tered so as to effectuate and advance the relief it was designed to give. . To construe and apply it, ,it is well to consider the origin of this measure. It is history not devoid of certain notable and curious interr ests, that will repay usforacursory detail of the circumstances out of which it arose. These circumstances are familliar to the Bar of this State, but probably unknown else where. The limitation in the original act to "State exemption laws in force in the year 1S64" put off the Homestead provision of, our Constitution, whether taken to be operative from its adoption at the polls, in JulyV 18G9, or its acknowl edgement by Congress 'in hfi . re-' admission bf the State to' 'represen tation in its halls' in January, 1870. Whether this effect was produced in other States I am not prepared to say; but it was Virginia that first moved through its representatives, and led to the act of June 8, 1872,' substituting the year 1871 for the year '64. This, therefore, embraced the homestead of Virginia. But the question arose, judicially, what was that Hqmestead. It fell to the lot of this Court at this place a year affQ,togive the first decision un der this amendment of 8th June. 1872. It will be recollected that the Court was constrained to take the Homestead as i expounded by the Court of Appeals of this State, and to hold it invalid and void as to debts antecedent to the time! when the Constitution took-effect. .The point was immediately carried up for supervision to the Circuit Judge, who did not decide it ; and recent ly it has been abandoned wi;h the consent of Judge , Bond, and the ca ses, in; which it arose, are now to be considered here as affected by4he Act of last March. . .n r j , In this state of facts, recourse was had for relief against this decision to Congress for a new law. VThe power of Congress to relieve the homestead of this restriction ; and tle Bankrupt Law of this distino its l.tion indebts because of their dates. so destructive of the" equality ite9- - I pair iiw, uujivivm wf - which could not be affirmed of yi- cress in tho exnress , errant to Of the nower to establish s a unuorm Rvktm of Bankruntcy .which y& Imve scfthl neceksarilv involved the disol utioa of ' con t Wts. , Burr i t ' m V . n Vm 1 1 1 aOArmlartr hlnir. U'fl.4 riirpfiletl 86 'Cft. 3 of Article Xtbt. the Constitution, ty thereon'f wai held Tby lis. nrt to' embrace: liens of. judjrments or executions - thereby , made Pra mount to the claim of Ilometf id, :ThU rpcital enables us ttMukunc for the - remarkable and" irregular character of .this late Act. . So far as it undertakes, to- declare "the true intent an4 ndeaning" of the Act of June," I supposed it to be without a precedent, save in the ancient par liaments of England, when-it be came necessaryf to declare what was the common or, ,un written law of tne reaim. x nave not seen, nor have I been referred to any similar declaritory Act ot Congress. But I am indebted to the industrious re searches of Mr, Bouldin, of counsel for the creditors, for an instance of such a declaritory actin'New York, which came under review rin the case of the People vs. The Board of Supervisors of New York (1G New York Itepts. via) ; and in which it was held that it was ineffectual in regard to the interpretation ol prior Acts, "because the legislature had no judicial authority, and could not control the courts in respect to the construction of statues in cases arising - before the - declaratory statue7 If this declaration of the Act was designed to persuade the Court to a different interpretation, it could not override the clear words of the stat ute, or. impose upon the Court a meaning at war with , the true ex tent of Homestead ana the express subordination of Homestead tojudg- ment liens in the Constitution it self; if designed to reprove the, Court for an alleged misconstruc tion. of law, it escaped challenge and examination, and is without just authority, and, in either aspect, wholly nugatory ana inoperative, Hence, I feel warrauttd to discard from this Act its mere "declara tions," ' and to look only-to its em actments. It has these clear terms of enactments, namely: "That the exemptions allowed the Bankrupt by. the said amendatory act shall be the amount allowed by .the Consti tution and laws of each Staie re spectively, as existing in the year 1871, and that such exemptions be valid against debts contracted be fore the adoption of such Constitu tion and laws, as well as those con tracted f ur ti Mime and against liens by judgments or decree of vs.u State court, any decision of ny such court rendered since the adop tion and passage of such Constitu tion and laws to the contrary not withstanding." The addition to the law as it stood amended on 8th June, 1872, consists in this provi sion, that " these exemptions be valid against debts .contracted be fore the adontion of such State Con stitution and laws, and against liens by judgment or decree of any State court, rendered - since the adoption of such Constitution, and passage of such laws." If we put together these several amendments and "read them as one law! it will conduce to a clearer un derstanding of these separate pro visions. The exemption, therefore. in the fifth; clause of tthefirst pro viso of the 14th section oi the orig inal Act should now read as follows: VAnd such other1 property not in cluded in the roregomg exemptions as is exempted , from levy and sale unon execution or , other, process or order of . any ourt by. i the laws of the, State in which the Bankrupt has his domicile at the timeofthe commencement of the proceedings in bankruptcy, to an amount not exceeding that ' allowed ' by such State exemption laws in force in the year 1871 ; and that these exemp tions shall be s the amount allowed .by the Constitution and laws of each State ' respectively, as existing in the year 1871, and that such exemp tions be . valid .against debts con tracted before the adoption of such State Constitution and laws as well as those contracted after the same. and against liens, by judgment or decree of any State court, any deci- sion ot any sucn court renaerea m I i a since the adoption and passasre of such constitution and laws to the contrary notwithstanding." This presentation of these several amendments in one ' body seems to me to show conclusively that this grant is emphatically of a State ex emption, freed by Congress of cer tain enumerated restrictions, and to be administered by the Court in strict conformity with the Consti tution and laws creating it.... It is by no means confined to the grant Of a specific amount, as has been urged in -argument; but it confers the State Homestead to; that amount and5 we must look to the State Con stitution and laws, to; regulate and Unlit It: 'This is most, conducive to the ends' designed most beneficial to the i party to be relieved, and most expedient on grounds of pub lic policyvHence, I have concluded L tojqarry. put the provisions or tho Homestead according to u' vyon stitutl6n, and the Homestead Acts, where they do not conflict with it. But it Is argued that these Acts of the Assembly 'abridge 'the Home stead in the limitations they impose upon thy estate of the claimant, but I am satisfied those limitations fairly set out and represent the Homestead. . which the heaa or a family is entitled by the Constitu-J tion . to hold for the benefit of him- ? elf and family." In this matter, herefore, I feel free to foltow in the settlement of the Homestead, when .claimed, the 8th sec. of the Act ap proved June 27, 1870, (Sess. Acts 1869-70;201.) ' ' Where, however, the Homestead Act shall he deemed bv me, in the absence 6f 'any decision on ine suDject by the upreme Court of Appeals of the State to be' in connict, witn the COnstuunon, l shall, of . course aim : to pursue the higher guide of the Constitution, 9Ad cheerfully conform to the sen tence of the Court of Appeals when rendered. But it is an embarrassiDg aues- l tion to decide how. and when, to i apply this statute in pending cases and when tp .relief should be de nied. .The general principles jurisprudence demand that a law, though remedial,. should speak for the future; and should have no retro-active effect unless its terms should plainly require it. There is no pretence that this particular QKituie isomer wise than prospective in.its character: It ? cannot, there- re, in its application be i allowed to change or disturb ve3tetlj-jght3, but the relief it friv nP hi dispensed in pending :cases where "Z "1 Y VSScbooner Peggy, (1 Ur. lOd.) even in rhAnrtFUar a judgment, though rightful when renderedi Was set vaside to conform lO iater and existing laws f but it Was insisted, f'that in mere private Court i will and ought to struggle hard aerainst a construction whJnh ot33 . i ,uicv;ii iiiuiviuuais. inn will by retrospective -operation, af- cede the pnnclpl, therefore, that I can only give effect to this bountv oi iO n gross in pending cases, where it; will not change the vested rights ot parties, and then only in further ance of the remedy, and in cure of the mischief which gave rise to the statute (Ken'ta Comm. 455 Potter's JU warns . 163. ) The ; mischief had been in Virginia, that the Bankrupt coma not get his exemption against aeots contracted befor the Constitu tion went into operation : nor take it against liens of judgment and de crees. : The act of March 3, isrfd, was uesignea to cure this evil. , But in ! what cases did it cure, it? Certainly in all cases com menced after , the date of the Act, but in none, .it is argued, commenced one day before that date. Hence, results the injurious anomaly that in .- two proceedings; one.; begun in last jbebruary, and other on 4th March ; last, where in point of fact the rights of parties and the subjects of litigation were like at the disposal, and under the con trol of the (Jourt, the former would be denied; and the latter allowed his Homestead. Cruel and discord ant as the practice would be upon such an arbitrary test, it is claimed that It follows from afundamental principle of the Bankrupt Law in Sec 14, which makes the assign ment relate back to the commence ment of proceedings in-Bankruptcy and vests the title, by operation of law, to all the Bankrupt's properly and estate, real and personal, in the assignee, suhject to the exceptions thereafter specihed. I3ut observe that exempted articles are expressly saved from the vesting by virtue of said deed of assignment.' I ' But to remove all doubt upon the subject, it is ' expressly provided "that the foregoing exception shall Operate as a limitation upon the consequence of the property of the liankrupc to his assignees. Ana in no case, shall the property Hereby excepted pass to, the assignees or the title of the .Bankrupt thereto, be impaired or affected by any of the provisions of this act." What is this, but to declare by law that these ever allowable without disturbing rignts ot parties shall be taken as limitations upon the deed of as signment; and to interdict the use of any provision of this act, includ title of the assignee, to lm pair or aitect tne bankrupt's right of exemption? bo lar, then, as these exemptions can be allowed in pending cases by the property or fund being in the custody, or under the control of the Court, they are guarded with -peculiar sanctity and cannot be deieated by the title oi the assignee.' That title that claim of vested right, must, under all cir cumstances, and in every stage of the proceeding, yield to this para mount claim of exemption. This 14th section must be taken and con strued as a, whole, and ail it parts made to consist one With the other. If so, it follows with irresistible force, that there can be at no time any vesting" of title in assignee so as to defeat ,these exemptions. This view of the Act. theretore, removes out of our way this narrow and in convenient and injurious rule of construction, " which assumes the passage of the Act, as' the date to determine the validity or invalidity of claims of, Homestead. I am happy to be able to invoke the lan guage of the law against this harsh, inflexible and unreasonable rule. 1 prefer the more liberal rule which requires me to dispense this bounty of Congress, wherever I can doit without incurring the blame of in terfering with the absolute, vested rights of parties; T cannot think; Congress intended to exclude from the numberless cases already pend- ing, at the passing of this law, this measure of relief where no consider- tionsof vested rights could be al leged against it ; nor the means denied to the court of satisfying the meritorious demand. In following out this principle of determination, I have had cases of this sort arising out of the proceed ings of State Courts upbn Creditor's liills lor the sale of reality, liefore,' or 4 contemporaneously witn pro ceedings in Bankruptcy,' the lands of the Bankrupt havejbeen sold, the sale confirmed; and the funds dis tributed ; but because some of the bonds for the deferred payments were outstanding and uncollected, I have been asked for the allowance of Homesteads out of the proceeds of sale.1 I refuse it. It would be to grant'the Bankrupt a Homestead, not out of his own property but out of the effects of' others; 1 Again: af ter the Bankrupt is adjudicated his lauds are about to be sold under de cree of a State Court,1 and he applies to me for a restraining order under the allegation he is entitled to a Homestead out of the lands, I feel constrained to grant it. He has no other tribunal that can give him this relief. He isciviliter mortuus and all proceedings against him in the State Courts must stop, unless the assiernee is authorized to inter- vene and proceed with .them. - But ifthereisno allegation oi facts to establish a claim of Homestead or otherwise to give jurisdiction on other rightful grounds, the stay Is denied and the parties , left to liti gate their If urther 'proceedings Dy making the asslgriee a party with "his consent arid the consent of this Court. I have thought it proper to state this", rriy practice in vacation; by way Of Illustrating the principle I have assumed for my guidance. " . I how proceed ' to! the considera tion of the special questions raised by the causes in ? my hands. .Of these ' the chief is whether a dis charged bankrupt can be re-admit-ted to petition for, and to be al lowed an additional exemption granted after his discharge. iPro ceeumgs in juanKruptcy are strictly of suiiuiury proceeuings. , j.neyr are said to present a congeries; of suits in the multitudes of issues they raise between the Bankrupt arid his various creditors. The application for a, discharge is one of these suits; in it, there are separate pleadings and distinct issues. It is the final object of' the: Bankrupt; and hence the Act and the . forms devised bv the Supreme Court to carrv it in tn effect, furnish the1 mode and precautions for the former trial, if need be, by j u ry, of the Ba n k r u p t's right to a discharire. When tinner. ed, it , becomes a lis contesia of great. luierrat 10 tne, parties;. and ,when obtaihed, a great boon to the' Bank rupt, -it procures a,; release from 1 nis aeots, with certain exceptions ; ' and can be pleaded as full and com- plete bar against all suit brought on such .debts ; whereupon his cer- uacaie snait De conclusive evidence charge. Before.he asks for his'Uls- charge he has received his exenip- a. r . . - v a .a. . . 4 v f nous: upon wn ai terms rnereiore. is he to be-' understood as leaving the Court? upon the abandon ment of his assets to the . adminis tratipn of.the court with no other claim, save to any surplus beyond the satisfaction of his debts.. He departs from the jurisdiction of the Court with the single conditions that any creditor, Ac, may, within two years, contest the validity of his discharge on the single ground of fraud. I do not perceive, there- lore, how he can acquire a focus standi in' this Court to ask for an exemption not existing at the time of his discharge. For these reasons, I am of the opinion that the peti- 10ns of v. -.NY. Kean, discharged, 17th September, 1869: Wm. Bison, discharged 16 bepternber,1 1869: of Deeatur Jones, discharged 29th No vember, 1869: and of -A: G Lewis, discharged 23rd March, 1870, should be dismissed at' their respective costs. 1 1 ' Wherfc the bankrupt is yet before the Court, in cases commenced be fore the last Act, ' his claim to Homestead depends upon the exis tence of an unappropriated fund, out of which it can be satisfied without the infringement of rights vested in others by decree or other wise, it is necessary thai the pro perly should remain in specie; a mere sale, unaccompanied with a pledge of the proceeds prior to the passage of - the act,' will not defeat this provision ; epecially is this the case where the claimant, waiving his allottmentin kind elects to take it to take it out of the proceeds of sale.' In cases instituted after June 8, lS72,'the right is Clear the Home stead as against debts contracted atter the Constitution ' went into operation, and in those brought at ter March 3, 1873, it is relieved of this restriction and- is 'morever good vs the liens of judgments and crees. The grant in such cases fol: lows as a matter of course upon fol lowing the steps I have prescribed. In the spirit of the Constitution and the Lawv I accord to the ; claimant the feeieciioii of hi tiomestead ; iia assignee has nothing-to do with it ; When made, I require' his assignee to report to me, whether ' it be ex cessive or not in value ; that report to be in the clerk's office for thirty days for exception ; and if there be none, to stand confirmed unless good cause be shown to the contra ry. But if the assignee should re port the allotment excessive or if any creditor should desire it, I shall proceed by Way of appraisement as directed by the Homestead Law of the Ktate. Should the claimant se lect money, or personal property for his Homestead, he will be ex pected to indicate the mode in which it shall be preserved or in vested for the use of himself or fam ily as a Homestead provision, sub ject to jthe limitations of the State Law. in this way, l think, this act may be carried into effect with great advantage to our impoverish ed families, and without ; other in jury to creditors, than what is inci- i j -r- 1 . x Y" .. . s aem io uanKrupt laws. x am in formed, our exemptions are by no means as great as those bf many other States. . s ; 4 t 'I need not specially apply the doctrines I have stated, and the test I have chosen to the various other cases in my hand ; but leave counsel to do so in their respective cases, and submit to rne their re spective cases, and submit to me their draits oi decrees in coniormity with this Opinion. Should there be doubt in any case, as to . what category it falls under, it may be re- versea ior argument ana decision upon its special circumstances. But I presume, I shall be so understood by counsel, as to enable them to agree upon tneir. uecree, ana me steps they may take ior the re- Vision oi t my juugmeiii, , auu me correction, of the errors, into which I may have fallen. I am sensible of the novelty and difficulty of some of these questions,' and of the im portance of their, being settled in' a higher court.; X snail tnereiore; oe sratified if counsel shall invoke the. decision of the Circuit Court upon these points. ', ' , !' -' Nortli Carolina. j t ( -1 We are gratifieU to know thai the tide Of emigration is moving toward this State with a steady current. It wasBlow at first, but is gradually and steadilyi increasing its volume Much has been done to aid it by the efforts of Colonel George Little, the State Commissioner of Emigration, as well as by the efforts5 of several agencies, among' which the North Carolina Land Company has',the largest share. ' ; - We may properly repeat a, few of the reasons why we think North Carolina among the best States for people to emigrate to. While her territory is larger than that of either New York -or Pennsylvania, she has but little more than one million of inhabitants. Along her eastern borders are large bodies of the finest timber, easily accessible to water transportation, and many emigrants from the North are now operating profitably' region., : These ' lands cleared and properly drained, are as fine for agricultural purposes as any in the world; - i Inside of this section there is a broad belt, much of which is cover ed by productive turpentine trees, which are highly 'I remunerative to those who box and dip them.n The soil, bei ng sandy, loam in many places, produces as fine crops of cot ton as well as the cereals.' - It is however, especially suited to grape growing and the production of wine. We have been informed I l ! I. HI that Mr. Worth, in Fayetteville, obtained, this past r season! Jfcoma single .scuppernong vine eigiity uusneis oi grapes ana two hundred and fifty gallons of wine. There are other vines in Nor t hi Carolina which make a larger .t yield -armu any. . f ne,aemanq, too, for these native Wines is ranidlv increasing. There is land enough' and to spare in Eastern. 'North Carolina to fur nish all the wine that; can, be con sumed in the United States. NVhv should not European emigrant from .wine-growing regions' make this section their home? ? .n,v: ;. Ihe middle reeion of the State' extending , nearly, threehundred nodes, to the base, of the . mountains. w an .undulating county, with .soil generally either naturally- good, or containing' clay . enough ' to retain ieruiizers,attd bomgi generally ca pable oX0 pxoducinsf. lino , ropa r of ci?veI cptton, tpbiicco, or grasses. Ail fruits ' of ' temperate " climates can oo-Srown-wllh'fvlvantArf. ar,, -WaterpoweiviaabutulanWfor pmniJ auiujring', purpose?. . " m I The mountain district, more-than two hundred miles In" length and fifty Or siity broad, is : remarkable, foriitsreedom from Rock8 1 and for its great natura fertility.. It yielfls aoundant gram crops, ami an the grasses, not Dei ng surpasseu oy any country ior its clover, timotny, or chard grass, &c. . For its cool sum mer climate it has scarcely an equal, while in winter the weather-'is milder than that of any of the States north of the Potomac and . Uhi Its water power, fine timber an minerals all point . it out as the future home of a dense population,' When rendered a little more acces sible by railroads now about , to penetrate. v,. .; i . , , , -'All the central, and western por tions of North Carolina abound in useful' minerals.' Coal is found in two localities, while ' inexhaustible supplies of the Uopper.ores are found in some of the best Of knoWn gold veins 'are situated in jthe State. worth in market on average two dollars per pound, in several of the western counties. One ot the mines in Yancy,'we understand, paygjits owner a profit of $150 per ia1.v, chiefly in tolls asho himself works only ! two or three hands per dayV A mine in the adjoining c0uhty,,of Mitchell' has yielded quiteas largely These two, with several others, were four. years ago bffbred tooine of ouTj ca)iUilisti jn this, cityby jfJeneral Clirigman. Since then so many hew discoveries nave oeen made that that North. demands of commerce with;. tte useful articles. . " . ;', " ' We may 'i-esume thissuljgect'in lMect'in' ur read- future nutnbers and show bur ers additional: reasons for p ion that North . Carolina is -a most inviting totate io ine . einigrant. JT. T. South. : -"l ' t! lit Curious C6urtslili. , lt liii'-J1.'-- .-tjr 4 When Yon goto Africa Don't. Buy a - 'jiorse of a ' Wtdotc, Mr. G. Gerard, now of Philadel phia, but formerly American Con sul at Cape Town, Cape of Good Hope, communicates to the press Of the former city the following amus ing reminiscence of his African Con sular experience l "There is a very singular custom among the farmers how to get a wife. If you de sire to get married you Should first make inquiry whether the ,lady you love. has a horse; if so. you must ask her ti whether she 'has a horse for. . sale. . If , she says No then you had better quit the house at once. She does not like you, But if, on the contrary, she says "Yes," it is a good sign, , but she will ask you a very .high price; If the amount named is paid on the spot, the engagement is concluded, ( as fully as if the marriage was con sumated by the parson. ,,, '" !,: ' ' f On my arrival at the Cape I did not know of this custom. I wanted to purchase a horse; and I was in formed by an old Dutch resident that Widow had one to sell. I followed the address given, and soon arrived at the door ofj the. widow (who, by the way, was, not . bad looking.) I asked her whether she had a horse to sell.) She looked at me very sharp ; then asked' me whether 1 had some letters ,of in-r troduction." 'I said that'-I ' Nvas( the American Consul, and ' would , pay cash for her horse.: "In. that case," said she, "letters are not pecessary." I paid down the sura demanded ; then, after taking-'a' cup of coffee, she sent her horse ' by her groom, and both : accompanied- me hortie. On the road the groom asked-me' a thousand questions. . "Master," said he, "will my mistress go ,liye with you in town, or will you come live with us? Your will love : my mistress, for she was very kind' td my old master. Where will the wedding be?" looking at me. and laughing-.' Truly," - thought, the poor fellow has. drank .too much or he is imbecile." ,1 felt sorry for him. .. , , "V "When I arrived home I found many pe6pletat "my Jdoor congratulating me, not for -the horse,i Aiut for the uaintanceof the widow." 'Tru- said one, you haVe beeri very successful. w t 'She is v6ry rich,'j$aid another. I really ' did notkhow . best iron ores exi.lt. A V fVtlj r in workable quantlUCS , not nave yeen tuuau).iinu many localities while his patlianieiitafydurfci'.i thmls n renson todoubt .WOUlUnRve.au .ilVtmna io jiuy i: r i . . i, , noinn cieois. xiie iu:ii)rv inn uuuui W J what it all meant,Hand. I began toLThis . was the firt, trial, and the Ha verv uneasv., when, to mvWervi ertsts f herbfor amounted4 to $1,542,- great. surprise, a lady alightedon mv steDS. and at once I recognized the widow W- She very; -coolly asked me whtn I desired : to have the cer emony of the wedding perfdrmed." Then, indeed, I fully perceived the scrape In vhicH T was, and told her it was a horse T wanted, and riot a wife. - What,' . said she, . 'do you mean to act thus to a lady like me? If so, I shall send back for my horse, And, Will repay you the money Ji In a few hours her- groom was. at my door with the money.,: I gladly gave back the, horse, thankful 'to have thus escaped. A few -weeks after,' however; the widow was mar ried ; a more ambitious man. had bought her horse.V,i ;i -u ! i PROsPEROus.--'rlnk's Colony," located in th is county,. ; about 1 30 miles from Wilmingtonf is increas ing its population rapidly. A day or two" since seventeen emigrants, mostly Germans,' arrived 'there for the purpose of settling. vTh ere are now upwards of one hundred emi grants located on the land. Wilmington, llfalu Work. "nrrwiTT ap eiir. Then, that brain .workeftibJcdlJ&jrjiiii work, does not nT'PfjTiiy conduce to disease. G ln,vk:'v r V "1 'hspj 11 1 productive of4hi4 i&Mtit Mrlfl MCariably I t found, on investlgatlonthat th work has been done under injurious emotional, conditions-. such as the distractions arising from anxiety. Of all the orgahs'rof ' thev tody, tho brain is the harIfes,t.',1th6,most ca- pabrcror-exeuudlli-'-lttf ordinary ouueSuWitft:iropurjtiVAny extra nunlitv of the' tftm tvhicri i rfRWcouserv- atitie oits healtlioiSfJtS'jYttrsatilitv. the are? ehHBMed1 WhWft UWntin..M actWeln ;thoVifparbiilbai are still lf an C exe"Pfthfpw on the Other organs S sooner' or later em- Phaticail V " resehted "W fPart pother orgaq uar be fresh Jilo another fa JmJ tnl. uml if. hna tioVe'bt(V6stin!yn,nartK tht and continued-Wai a work l-4to vnrv fro- . -jf tion.'-This'Js'it-topccifcrf'or mental- w uiHUDHff nnntn Qii puna oi mo organ fjQf JJftolzhn are .exercised In turn. ven injmanw teases of cere bral. eihifUjStibn, change 'of work is probably1 pYeferable to cbmplete ces sation from mental toiwThe mind cannot" ilu 'luug: fallow without briugin.-fgrth., weeds. Through vvant or "cnip76'mentt Jt becomes relaxed" IH 1 tond: licssarueiiable to discipline; arid leslittedtfir staidy .work. .AVheJikrJJie-ireseat Prime part oi mstive rVv sesSfdH.tn writing Wtttent&bM(itidi " iS IwJw the means of drawiniatu?nU(i?tbu.sn Impor- Scotch-mbdrs.'tte migtit'iittced have reTrrmertatnneT)eglnning of the session- equally recover'd from the wouiu resume ! lid W ' th 1 Colninba J Pacto ri es . . . ' 'Tliepay rbWofefe'tx cotton mrfnufactorieS I int Coluinikis must m b rl ey gol i h to "genera 1! elfeu 1 a t i o n and the entire .Qojnnjnpiiyj is uene fiteti. lltul-4t-t been for E. and 1. lnnn. and'fTentral . llailroad nas- sbnrgbrTce-VerfiQtbft, Ifttfjf W Colum- 9r,tlid,imstilVf' AVeeks would have bten whdlI1lle;idJrTbe people and is'anthoritttfsliie'Wily three nunareMniaanunui'xneir demptipnsoiue. 4)rm p)VUm hundreds tboliaindAnirVli'their re- ioii doi- to ry ouan- tity 6f manufartrfia'k'bwtl and tlie ifidivKlualfpTQptrcnel evdry stocic- liolder, ,.,Ali1thislhoilldnpiake the certificates better, than greenbacks. Their 'present istte is deslghed only to jriae.tf fltikheial rbrak. v It is:"graUvingi.raj;t,-)noo, that duriug the panic ourj.xnjyufactories have kejit Steadily at vyprk, and not a hand has been Vr; .'charged. In the North many lit borers rave been thrown out of employment. Indian Hujit4i), i Tho Indian .nxethod of hunting the deer and anteloiu? .loeins to u lookerron.Jiot heated "by the chase, cruel sport. ' But food is the object of the InUlh'n14 Huiiter, and he is wonderfully successful . in securing it'.' ' 'NotwithstarttfingI their great speed and bottofti.'-'tnesty animals seldom , cscapei their pirrsurers ou tbe',,open..ipraire,,4 Igynted on theirswift ponies. Jne Indians be come as it was ' a,: piiclt4 tff hounds that ruri'by.6Ightl' Uttnll directions they move!,, sea rching-thet cimntry with eyesltftat'sep' e yqryUiiug. On discovering deer no. attempt is made' at ,'cbd6eiilhieht.vtait, with bridle reirtibfetween- their teeth, loadihg-their giin'.dr adjusting their arrows as jhcyjr.id.jthej hunters bear down on tne ; doomed animals. Off bbund'the deer.'buflriUians are before htm they iluvtti the right more ilndia.ns;:lf, theiielt still Indians. TjOJicpt,ryAllvliich at first seemed open, narrows to a 'srhan'tlrcrel'The 'deeY dbuble on . themselvsjIIem'med 4nl'c)ri every sidethre ia no; escape the bullet and the axr9W dOiUjix. w,cf k. 1 All, their, hunting, whether . man or beair, InV6ive.-ltt,serrf of sur roundlhg.i' Itls thli HrietKod, tho roughly understood, and invariably practiped.w-here: numbers, will al low,, .that .renders file Indian so fdrinMailaoiithe1 t?arrle. Al though numbers are in atthe death, there is Vi6 Uispilte'WiW tho des tribution . ioX j the :i carcassOs. Hunt tcith he yankton &Wfiiiji the Oc tober;pdtxy ' AN &CiVD'i'to' The highest' 'pti'&L Wer paid ftr real ebtaUfiwiw hotlJthr in Lon dtiti ar,XjtHtYoTiu ibut.in Bowlder. Jalorndo. ,lvhro .lUvf.t land are worth 1 about fifteen cents a front - foot.""TV6, -adjoining' proprietors . Have1 gone ,to:lawWib0utno and a hall inches m fl'wM'&S line.-- two years, and when last tried oc- cupied the time of on'$Julge, four lawV vnehgtifeherfff, one crier, TnrtV'si witnesaes-threecunstables, ' sind twelve iurvmooLJor six 7 . . uays. 65antf IroWtnariy trior trials there ,niay beican't jfce -jforetld. j ury, didn figrsfrlrf 1-rtiq ' :"ife7i,;toLlLU(b-',l,JESIDEST jACksbWe'-cAirattehtion to the article signed AYvtbVn,fer7 enceto-Ahe, WrtbW Andrew Jacksonr i It swell known In this section 'hat IhlsSS General S:fH."WalkbriJbf MoHroe, (who was afterwards the heroiocolonel of the49tb jN. CKegU jr up a se ries of nftfdayits , from , tha old peo- . pleof WaxhaVk'settlehidht in re gard to the MrtbMtfftce of "the hero of New Orleans. J llieie proved be yond, alb cpntroyeysynina n vu born in OJd Meek leu 6urg, and w ere . ' ' "n ft.."T.f rtn inn n n disrl cmrV MX'TrW, mat x aifvi oatmcVbf PrcsiaihtiTason, ac cenfid' fabt"Ankt taveaf county itbe&tnr "fthls i. . .. ,ll!lii 'J'lTT -rrrrm nLaYrU wife. who lately died. Tftas hen husband' secretary, cleric and me-ssenger. All prlvato dis patches were first read by Frau Bismarck. o., Minister speut,. lUtt.rtaier dl his .h()IidayL,?Uucr iUq vxln 1 labors' Of n htl fcmppriiicLDluof wtnjiperapou ties. HadTIiespvpt Uie siiine linio in CnhtiWehrhI,4trnvbl.,rJr, on the amount (ilQ, spuitt.,tlri?"tyi thousand dollars per njouth4tlrhutLjgte and Phcemi alone ra oat efjflit tnous a'h'a ttollhfs everV twefc weeks. This thirty tliousuiia ijrincso-biiis out,