North Carolina Newspapers

VOL. IV " tKliit. K ' xojj I 1 WL.. ... tecta imIbbbbbbbb? and itution now in iiiK-i-i tcded toacew, and ii iwno framed (fVBPppo fright without any mac: ljc (DID Nor tl) Stale fTJBLISIIKD WEEKLY BT W I m X3C A. INT Editor ami Proprietor. L. BAY Oxu Ycab . But Months ft Copies u one address, v at hi payable ia advai .3.80 iia cil ia.. ri inaartioo, SO Twelve liaea of brevier H inches length -wise the aolaain or leaa constitute square Special notices will be charged 50 per cent higher than the above rate. Court orders, aiz weeks, $7, if the cash ac companies the order, $10 if it does not. Obituary notices, over six liues, charged as advert isi'ine iits. To persons wishing to advertise for a lon ger time than one month the most liberal terms will be given. of action, Whether arising previous or subsequent to the ratification of the con Conititn'ion of the Bute of 8outh Caro lina, if the aame be the family homestead of such person, the sheriff or other officer executing said process, shall cause a homestead, audi aa the said person may select, not to exceed the value of f 1000, to be act off to said person." . The aingle question in tbia case if, are (he provision of the constitution and the act of the General Assembly, above cited, With the THE LITTLE BOY THAT DIED. The late Dr. Chalmer is aaid to have been the author oi the following beautiful lines, Written on the occasion of the death of a young son whom he greatly loved : I am all alone in my chamber, now, And the midnight hour is uear, And the fagot's crack, and the clock's dull tick, Are the only sounds I hear. And over my soul, in Its solitude, ?' Sweet feelings of sadness glide ; For my heart and my eyes are lull when I think Of the little boy that died. I went one night to my father's house Went home to the dear ones a'l, And softly opened the garden gate, And sokly the door of the hall My mother came out to meet hei son She kuned me and then ahe sighed. And her head fell on my neck, and she wept For the little boy that died. i -, m . i . . - l M II 1 1 t i l - i owrwwww snwww in turn m a i Hut, Constitution of the United States which prohibta a State from passing a taw im pairing the obligation of contracts? The difficulty in determining tbia ques tion Ilea in ascertaining where the line of demarcation exista between the acta of the Legislature, which affect the remedy only, and thoae which under the pretence of affecting the remedy, do impair the ob ligation of the contract. It hni never been doubted that the Legislature baa the authority to paaa such general lawa in re gard to remedies aa may aeem most hu mane and wise, where the character and amount of the exemption do not substan tially interfere with the contract itself. The only question is, doea the legislative act overstep that bound, and under the guise of legislation upon the remedy, at tack and impair the obligation itself I In considering the ease before me, two questions present themselves : 1 irst. W hat is meant by the term "obligation of contract," aa used in the constitution ; and secondly what consti tutes an Impairment of that obligation t The highest legal authorities have an awered both questions. A contract is an agreement to do or not to do a particular thing specified therein, and its obligation is that which bind the promisor to per form the agreement. It is not the promise of the mere duty, but it is toe remedy which the law give against the defaulting party. This W, I shall miss him wjien the Bowers come In the garden where he played ; I slia.lt mils him more by the fireside, When the flow;r are all decayed ; and bis empty chair, Of the lit i a silent speech i hoy that died. We shall go home to our Father's hou To our Father's bouse in the skies, Where the hope of souls shall have no blight ; Our love no broken ties ; We shall roam ou the banks of the river of Peace, And bathe in ils peaceful tide ; Hand one of the joys of life shall be The little boy that died. THE HOMESTEAD LAW. Opinion of Judge Garpen ter Decid ing it to be Unconstitutional. : The following is the full text of the recent opinion of the Hon. R. B. Carpen ter, J udgs of the First Circuit, in which he decides the Homestead law of thia State to be unconstitutional : Joseph Pureed, for the use of O. S. North- , rop, vs. Dr: James E. Whaleg. On the 27th day of May, 1867, tbe plaintiff obtained a judgment by confes sion against tbe dcleudant tor 93,368 70, with interest from tbe day of its rendi tion, at twelve per cent per annnm, and nppil of suit. On the same day a writ t of fieri facias was lodged in the office of the Sheriff of Charleston County (then District. )J On the bih day bf June, 18C7 rurcell assigned tbe said judgment to U. B. Northrop for a valuable consideration. After delay, arising from causes not ne cessary te be here stated, the sheriff, un der and by virtue of said writ, levied up on the plantation of the defendant, con taining about four hundred acre of land, the same fot ale. The de- cave notice to the sheriffs, in writing, that be claimed a homestead un der the act of the General Assembly, passed the 9th dsy of September, 1868. The ease is now before this court, upon the motion of the plaintiff, to order the. sheriff to proceed to sell the property levied upon, without reference to the pro visions of the act above mentioned. Section 10, Article 1. (Constitution i of State of Sonth Carolina,') provided that "a reeonable amount of property aa a homestead shall be exempted from seizure or sale for the payment of any debts or liabilities, except for the payment of such obligations as are provided for in this constituion." Section 32. Article 2, provides that "the family homestead oi the head of each family residing in this State, such homestead consisting of dwelling bouse, ontbuildings end lands appurtenant, not to exceed the value of one thousand dol lars and yearly product there f, shall be exempt from attachment, levy or sale, on any measure or final procesj issued from any court." By tbe same section, it is made "the doty of the General as sembly to enforce tbe provisions of this section by suitable legislation." In tbe act of the General Asssembly, before referred to, Section 1 provides that "whenever the reel estate of any heed of a family, residing in this State shall be levied npon by virtue of any measure or iaal process, issued from any court upon any judgment obtained npon any right provision of the constitution was inserted to compel ti e several States to maintsin tbe integrigty and secure tbe faithful execntion of contracts throughout tbe Union. The farmers of that instrument had be fore them in the legislation of the Stales, anterior to tbe adoption of tbe constitu tion, ample exemplifications rf iheivils- 'TrteWeWlo tbe impairment of i giitions. Under the pressure of the strug gle tor independence, many of tbe States had passed lawa .prejudicial to private rights. By some of them the psyment of debts was suspended, in others, debts were authorised to be paid by instalments in violation of the contracts. Property, real and personal, might be tendered by the debtor in payment of his obligation, and tbe creditor was compelled, to take snch property at an exorbitant appraise ment. Such legislation- produced its nat ural results in a system of fraud which de stroyed all public confident e, and crippled all private industrial enterprise. Aa far as I sm advised, however, even those Slates never had tbe termity to utterly abrogate the contract, although they did impair it by annulling the rented v. Mow, tbe right and the remedy are so intimately connected, that the destruc tion of tbe former is tbe impairment of the latter ; the constitutional provision was designed to protect both. Jn tbe lan guage of the Supreme Court of the Uni tad States: "It would ill become this court under these circumstances to depart from the plain meaning of the word used, and sanction a distinction between the right And remedy, which would render (his provision illusory and nugatory mere words of form, sffording no protection and producing no practical result " In the present ease, upon tlic rendition of the judgment, a lien was vested in the plaintiff, whereby he was to receive from the real estate of the defendant to amount of said judgment. This unques tionably was a legal right. At the time the judgment was rendered, and the lien became vested, there was no law in South Carolina which exempted any portion of the defendant s land from sale under that execution. Count the t opstitution Con vention or tbe General Assembly enact a law, after the rendition of ihis judgment which divested the plaintiff of hi right in this laud without impairing the obliga tion of the contract To deny any remedy nndcr a contract or by burdening the remedy with new conditions and'restrictions to make it use less, or hardly worth pursuing, is equally a violation of the constitution." (I Kent. Com. 419.) "It seems to mc that looking at a con tract legally and practically, as an instru ment by which rights of property are created, and ou which ihey repose, obliga tions and remedy are strictly convertible terms. Take away the whole remedy and it is admitted the contract is gone. 1 And it seems to me the only logical rule to hold, that any legislation which mate rially diminishes the remedy given by tbe law to the creditor at the time his con tract is made, just so far impairs the oh, ligation of the mutt act." Sedgwick, Stat, and Common Law, 652 ) Judge Parsons, in his work upon Con tracts says: "'1 hat an exemption of property from Attachment (by which is meant levy,) or a subjection of it to a stay law, or appraisement law, impairs the ob ligat ion of a contract." He adds : "Such a statute can be enforced only aa to con tracts made subsequenty to the law." "Under these cases it has at lt ng h be come definitely settled' that a State law which impairs the obligations of a con tract, whether that contract be found in the express terms and conditions of the written contract between the parties, or is engrafted upon the contract by 'he law of the land, as it existed at the time the con tract was, made is within this prohibiting clause of the Federal Constitution, as well also aa all lawa aimed or nominally directed to the remedy, when they so ef fect the remedy as to imnair the right it self." (Smith's Com. on Stat, ani C Con., 39.0 ) Judge Story, in his great constitution, remark wntraer, we some known means ackn municipal law to enforce it. such means are denied, the obligation of a contract is,, understood to be impaired, though n may not be completely atim lated An act of the Legislature of Venn releasing the body of a debtor from im prisonment, and directing that the bond which be had given to the sheriff for tbe prison liberties, and which the sheriff had assigned to the creditor, should be dis charged, was held by the Supreme Court of that Bute to be void. (1 Chit. Rep., 257.) Statutes of limitations which do not al low a reasonable time after their passage for tbe commencement of suits on exist ing causes of action are unconstitutional. (Call vs. Hsgger 8 Haas. 430 ; Proprie tors of ili'- Kennebec I u re base vs La oWl. 2 Green, 294; Blackford vs. Pel tier, 1 Blackford It' p. 36.) Any statute passed after a contract made extending the time of replevin on a judgment rendered on such contract, ia sold. ( Mc Kinney vs. Carroll, 5 Mnwr. 98; Grayson vs. Lilly, 7 Mnwr. 1 1; Laps ley vs. Bras henrs, 4 Litt 63; Blair vs. Williams, 4 Litt. 34 ) A statute of Kentucky directing sales under decree in chancery en a longer cre dit than at the date of the contract, was declared by the Appellate Court of that State to bo void.. January va. January, 7 Mowr. 644.) The statute of 1842 In New York ex empting certain pr perty from sale on ex ecution, is unconstitutional in relation to executions issued on judgments rendered prior to its passage. Dunks vs Quackrn busb, 3 Dei.io, 59Mjj I he Legislature can pass no law inter levWf withvcsted right, or transfer thu : Uwi fto another agawrt the owner' (8 Sme4HLjMyfjgB In the State vs. Carew, Chief Justice Dnnkiu in a learned and exhaustive opin ion decided that tbe stay law of South Carolina was unconstitutional, on the ground that it impaired the obligations of the contract, and all the chancellors and judges concurred ith a single exception. In Ogden vs. Saunders, I2lh Y beaten, p. 218, tbe court said : "1 he obligation of a contract as spoken of in the constitution, is a legal and not a moral obligation. It is the law which binds the party to per form his undertaking. Tbe obligation does notsiahere or subsist in the contract itself propria vigore, but in the law appli cable to tbe Contract ; and this law is not the universal law of nations, but it is tbe law of the State where the contract i made. Any law which enlarges, abridge or in any manner changes (he intention ef tbe parties, resulting from the. stipulation line) contract, necessarily inpairs it." Again, in the fame case, it was said the great principle intended to be established by the constitution, Waa the inviolability of tbe obligation of contracts, aa the obli gation existed and was recognised by the laws in force at the time the contract were made. Whether the Jaw professes to apply to tb contract itself, or Ur regu laic iiii; remeuy it is equally wttlim toe true meaning of the constitution, if it in effect impairs the obligation of existing contracts. In Green vs. Biddle, 8tb Wheaton, 8S1, the enurt said : "A right to land includes the right to enter upon i , and to recovej possession where withheld. Nothing could be more clear npon principles of law ami reason man mat a law winch de to tbe owuer of laud a remedy to re possession ot it when withheld b person, o- clogs his recovery pfjt striclious or conditions tending tow isli the value ot the thing lecdVJeveT pairs his right to an interest in the) s v " a a. a a a perty. it tne remedy afforded be q ned and restrained toy condtliona of any kind, the right of the owner may indeed subsist, but it is impaired aud renderei insecure according to the nature and ex tent of such restrictions." In Bronson vs. Kinzie, 1st HowjsjrT 311. the venerable Chief Justice Tittey said : "WhateVer belongs merely to th remedy may be altered according to tbe will of tbe State, provided tbe alteration does not impair the obligation of the con tract. But if that effect is produced, it is immaterial whether it is done by acting on the reuii dy, or directly on the contract itself. J n either case it is prohibited by the constitution. It is manifest that the obligation of a con tract, and the rights of a party under it may, in effect, be destroyed by denying a remedy altogether, or may be seriously impaired by burdening tbe proceedings with new conditions aud restrictions, so as to make the remedy hardly worth pursu ing." e e Citing Mr. Justice Blackstone : "The remedial part ot the law is so necessary a consequence if the declaratory aud direc tory parts, that laws must be very vague and imperfect without it, for in vain would rights be declaied in vain directed to be observed, if there were no method of re covering and asserting those rights.' the . maim he c'aVsHHlH ion mainly m- would be uaiuet distinguished man it was designed n ai eal o elded that a statute of Illinois, which pro vided that property levied on under an execution should not bo sold unless two thirds of its value was bid therefor, was void. The facts in this ease show that the judgment was rendered more than a rear Homestead Is rackeii vs. I Uw ward, Iff 0971W Hepcr nlrtiM t i'.ioa ef a cnfwmsvmnmjr Before to-morrow' sen has set I shall be in a spirit world, marching in the holy and wonderful company of the Holy Souk, who for the honor of Christ and tbe Holy Mary despised the things of the world. Even aow I feel as if the fountains of life ware drying np. (Then in a tremulous Come to America, as I arcad letter. I have buried t with me, amount- three h g loree upon the parties who uds on the laws in made. These, are in all eoutiacts, amaHH as ottering the men Hon to perform then bv one party, tbe right acquired hi the other can be no other standard by which to understand the extent of either, than that which the terms of tlx contract indi cate, according to the legal settled mean ing. When U become consummated the law defines the duty, and (no right com pel one party to perform he thing con tracted for, aud gives the other the right to enforce the perurmame jf th remedies then in force. m If any subsequent law afftet or dimin ish the duty, or impair the rirht, it neces sarily bears on the obligation of the con trnet in favor of one party toj the injury of tbe other. Hence any lav which, in its operatioa, amounts to a denial or ob struction of the rights accrnink by a con tract, though professing to let on the remedy, is directly obnoxious ko the pro hibition of tbe constitution, abis princi ple is SO clearly Stated and fjuijy settled in Hronson vs. Kinxie, that nothing re mains to be added te sjfl reasoning of the court, or requires a mipDeecft any oth er authority tap is tbtretn reflfred to Alluding to the am e then under consider ation, the court said : "J lie obligation ol lea la this and The right Tot the 'and obtain d prosecute saw a . an exeeutiou against tbe di fndant till tbe judgment was satisfied pursuant to the ex isting laws of Illinois. These law giv ing these right were sopertectlv binding contract, a If they hud; been set forth in ud abassBBBsnetore the passage of the Homestead law; band 1 ) HBIL.. .1 . I J I . I. I I Midi v. ration mwm um mc oniy real esiain ownea uy in irsBl defendant is thajsaat of land containing LeJ7 Hne I broowh maknTIBBBBB BBBmanllllnr aaaaaanea twaaaaBaav ana n of the the contract between the case waa to perform the delinking contained ther of the pl-iiiiiff was to dir bleach tin roof, la bring suit judgment, and to take out purposes ve thousand dollar. mcnt was by law a vested , a lien, a contract. Had the State constitutional power to divest the jtiff of hi rights aud vest them in the defendant ? Upon the principles involved in this ease, there is no difference between liens by mortgage and by judgment. The for mer are specific, the latter general, but both are vested, legal rights, entitling tbe bolder to a sale of the property, or so much thereof a will be sufficient to satis fy tbe demand. In my judgment, so much of the act of the General Assembly as exempts any portion of the land levied on from sale un der this execution, it in conflict with the Constitution of the United State, and void. It is tberefoae ordered that the sheriff proceed to sell the property levied upon and advertised for sole in this case, with out regard to the provisions of the law in relation to the homestead passed since the rendition of the judgment, snd that he ex ecute I he process of the court, enforcing tbe judgment aceordiug to the remedy ex isting st ihe lime of the rendition of the judgment and the making of the contract between the parties. R. B. C.tKI'EXTKfl, Circuit Judge. January 29, ISO!). dampy dark tombs, to the joys of tbe home above. Would you kiss the cold cheek of infancy ; there is poetry ; it is beauts' bashed ; there is romance there ; for thai faded flower I still beautiful I In hood the heart yields to the stroke row ; bu( recoil again with elastic buoyant with hope, lint here was beauty, no poetry, no romance. The OTVfcc old wife was like the whose 1 ihhae; already sent you. 1 he smount is con tained in seven different boxes, and buried in separate places on the islet. Tour affectionate brother, ' (Signed; . KLIAS HUGO." Snmbbor. MISCELLANEOUS. its stipulations in the f cry words of the haw relating to judgment and execution, Any subsequent law which denies, obstru right by. siipi (adding rale, uteris the obli t 1 i can only be en or i.iesu ptfvettB 1 auvJr laiTT impair this in- condition of the n'on of tbe contract. wed by the sale of the defendant's property. Prevention of such sale is the denial ol the right. Tbaaame power in a State Legislature nJKt camd to any extent, us . m i else SSjHHIa ualterof uncontiol labie discretion in parsing law retatin to the icuicdy wbish an M gardl effect on the part at the 1 laiutiff. In Curran vs the State of Arkansas, 1.5th Howard, 319, the same court says: "One of the tests 1 hat a contract has been impaired, is that its value lias, by legisla tion, been diminished. 1 1 is not by the prohibition of the constitution to be im paired at alL Th is riot a question of degree, or manner, or cause, but of en croaching in any respect mi its obligation, aud dispensing with any art of ils force." Mr. Justice Curtis in the same case say : '! by no means fol lows because a law afreets only the reme dy that it does not impair the obligation of a contract. The ob'ig uiou of the con tract in the cense in which the Word are need iu thjuonstitotion is that duty of performing it which recognized and en forced by the laws ; and it' the law is so changed that the mean of enforcing thn dutjr are materially impaired, the oblige thai of the contract no longer remains the same." Judge Woodbury, of the Supreme Court before winch tins subject came under con ideVBm in the case of the aiiBaasHkp, )h Howard, t lien SJHprTorui ot redress o act is taken nw ay, v. U .be difficult to ligation uni is umier cuh Planters oh tnem c uow ismafuigatiou otit is not ""- ' saflt to alter thjYemfdy oulsmHK tie and right 67 a contract itself are changed or impaired, it cmies j ust as much bouse and premises, aud SO deeply wrinm me spirit 01 hmj cmisi uuuouai pro- niad a superstitious dread ot the place ta hibition. Thus, if a remedy i taken away i ken bold upon the minds of the scttlcn from tke M'ilBungtoa Joaraal. A MYSTERY UNRAVELED MON EY POUND. Bladkxboro, N. C, Feb. 10, 1869. Messrs. 1 fjfrri curioas d covery has lately been mad in a small tst vt aied In VTS Swampi about ia,or seven uiinfrfrom thisnlace, the particu lars About sixty years ago there lived, about a half MUlc of tin islet, an Englishman, who wallnown among the Settlers by the name of K lias Hugo. Hi first appear anee into thia region was in the spring of 1806, then apparently in his thirty-eighth or ninth year, aud although Ins language and bearing denoted that lie had been ed ucated, vet hi hard brown features bore uuiuistakeable evidence of a hard spent life. He was, it appears, somewhst above Ihe ordinary size, uud finely proportioned. I presenting as line a specimen ot manhood as eye could wish to look upon, llu manner was somewhat reserved and taci tarn ; bis countenance, though a little Jaggard, would at onee convince the be older that be waa no ordinary individual. Why be should seek a life so eheerles eluded was a mystery often spoken of by bis neighbors. Yet, seemingly delei min ed to cut himself off from the society of bis fellow men, he proceeded to erect a cabin for himself in this dismally secluded spot, where, he said, when once delibera ting on the vicissitude of life, and the scenes through which he had passed, he earnestly hoped to pas bia remaining ears in perfect solitude. The cabin fronted the swamp, and from its front door with its frail stoops, led a narrow walk to the swamp ; thence, in a westerly direction, led a narrow track to the islet. His furniture consisted of a chair, a bench, a rough pine table, a mat trass, a bucket, and one or two cooking Hp. Here, in this secluded abode, alone and Kred fur, lived the mysterious stranger n the 13th of May, 1809. On that say daaBtre the morning sun exhaled the M that gammed ihe forert leave, Klia Tgo breathed hi soul into the emslie immortal power that gave it. Aftertne death of Hugo, strange stories ere loid of a spectra that was seen, and of strange sounds that were heard about THE OLD WIFE'S KISS, The funeral services were ended, and as the voice of prayer ceased, tears were hastily wiped from wet cheeks, and long drawn signs relieved suppressed and cho king sobs, and tbe "mourners prepared to take leave of the corpse." It was an old man who lay here, robed for the grave. More than three score years had whitened those locks, and far rowed that brow, and made those stiff limbs weary of life's journey, and tbe more willing to fie down aud rest where weari ness t no longer a burden. 1 be aged have but few to weep for them wheu tin y die. The most of those who would have mourned their loss have gone to the grave before them ; harps that would have sigh ed sad harmonic are shattered and gone ; and the few that remain are looking era dleward rather than to life' closing goal ; are bound te, and living in tbe generaiiou rising, more than tbe feneration depart- thc is Why should the old love the old, unloving lip f Ah! why shouldn't they l Does affeetioo grow old ? Does the true heart feel infirmity of years I Does it grow old when the step becomes unsteady, and the band hangs dowu I Who sbsU say that the heart of the old wife was not asyouug and warm as in those earlier and brighter days, when bo wooed and won her I The temple of her earthy hones had fallen ; and what Was there left for her bat to sit down in des pondency ; among the lonely rains, and weep and die. Or, in tbe spirit of better4 hope, await the dawning of another day, when a band divine shall gather the sa cred dust, and rebuild for immortality it broken wall. May the old wife's kiss, that linked tbe living with the dead, be the token of a holier life that shall bind their spirits ia the better land, where tears are wiped from all faces, and the days of their mourning are ended f entirely as here, or clogged by a condi tion of any kind, the right of the owner may indeed subsist, ami he acknowledged, but it is impaired-'' lu the caseef Hawthorne vs. QaJU2d Wallace, 10, the same court, by Mr. Jus tice, recognized and re-affiimed the prin ciple decided in lirousou vs. Kinxie, and the several iajbscquent cases of that class. He held that the acts then under consid eration so expressly affect, d the remedy of the mortgage os bajmpair the obliga tion of tbe mortgage contract within tbe meaning of the constitution, and declared them vuid. The decisions of the Court 6f the sev eral Slate are sosaawliat conflicting npon mis question, out me in i-uuy are in ac cordance with tha ratings of the Supreme 1 our; alKive cited; J be doewten ol the latter tribunal alone arc binding upon tUi court, and it is aecon: 1 !,. with them than the dacisioa in :1s case mast be made. 3 In tbe case of Beanson vs. Kinxie the decision was SsjHRt Statut W Illinois, I (1 alter the iSfCUtinu of the mort gage, which forbid the sale of any niort- J property in that Stale unless - iiM-d DroDcrtv in that ue unless it "It is that part of the municipal law," brought two-third at ft appraised value. resume the Chief Justice, "nhicJi pro j The case of McCraehwi vs. Hay ward do- that the cabin w as permitted to decay and fall as did its mysterious occupant. Not long since, however, the place fell into the possession of other parlies, Mr. Joel H. Ester and son. A clearing away of the remains of the old cabin was at onee deemed necessary by the ow ners, and to this purpose they applied them selves vigorously. They hud not pro ceeded far, howeverj belore they discov ered, on raising the door, a small tin box snugly encased in the base of a chimney, under tbe hearth; They were not long in knowiug ils contents, as you can well im agine. 1 he box i some eighteen or twen ty inches square, and made of very thick tin. It contained a copy of Riphael's Madonna, to which was attached a small cross, a razor, wit h the initial "11. H." nicely engraved on the handle, and the following letter, which reveal tbe secret of the discovery of tbe box with nine hun dred livres, which was made about three Weeks ago, ou th islet referred to in the commencement of my tetter. "Btti.ES Co , Msy 11, 1809. Savcel W. nirao, 39 Cheapside, London, England My Dear Brother . This is perhaps the last address I shall ever send you. outh and beauty have many admirers when living how many mourners when dying ; and many tearful one bend aver their coffined clay many sad hearts fol low in their funeral train. Bet age has few admirers, few mourners. This was an old man, and the circle ef mourners was small two children, who bad themselves passed tbe middle of life, and who had children of their own to care for aad be cared for by them. Besides these, and a few friends who had see) vieitcii him w UU ha-BmgfcsJBL and biy bad known him for a few years, there were none others to shed a tear, except bis old wife. Aad of this small company the old wife seemed to he tbe only heart mourner. It far respectful for his friends to be sad a few atomenti, till tbe service i performed and the hearse out of sight. It is very profitable and suitable for chil dren who have outgrown ihe fervency 1 rd affection of youth to shed tears when an agent parent says farewell, and lies down to quiet slumber. Some regrets, some re conciliations of the past, some transitory grief, and pangs are over. Not always so. But often how little tree genuine heart-sorrow there is. h lite akt wife arose with difficulty from her scat, and went to the coffin to look her but look to take her last farewell. Through the fast falling tear she gaxed long and fondly down into th pale un conscious face. What did she see there ? Others saw nothing but the rigid feature of the dead ; she caw more! In every wrinkle of that brow she read the history of year. Prom youth to manhood, from manhood to old age ; in joy and sorrow, in sickness and health it was all there; when those children, who had not quite outgrown the sympathies of childhood were infants lying on their bosom, and every year since then there it was ! lo otheis, those dull, mute monitor were unintelligible ; to her tbey were the alpha bet of the heart, familiar as household words. And then the future f "What will be come of me I What shall I do now t" did not say so, she did not say anything, but she felt it. The prospect of the old wife is clouded. Tbe home circle is bro ben; never to be re united ; the vision' of the hearthstone is scattered forever. Up to that hour there waa a borne to which to which tbe heart always turned with fondness, lint the magic i sundered the keystone of thst sacred arch is fallen, and home is nowhere this side of heaven. What, children ! be a pensioner upon their kindness, where she may be more of a burden than a blessing ; so, at last, she think. Or, shall ahe gather np the scat tered fragment of that broken arch, and make them her temple and her sluine ; sit down in her shrill solitude beside its ex piring fires, aud die ? What shall she do uowf . They gently crowded ber away from the dead, aud the undertaken came for ward with th coffin lid in hi hand. It is all right and proper of course it must be done ; but to thn heart of the mourner it brings a kind of shudder a thrill of agony. jjfc- The undertaker stood, for a moment with a decent propriety, not ' wishing to manifest rude haste, but evidently desir ous of being as expedition a possible. Just as he was about to close the coffin, the old wife turned back, and, stooping down, imprinted ono long last kiss upon the cold lips ot her dead husband, then staggered to her scat, buried her face in her hands, and the closing coffin hid him rrotn ber tight forever I That kiss ! Fond token of affection, and of sorrow, and memory, and farewell ! I hare seen many kiss their dead many uc1i seal of love upon cold lip but Ad HlCC LI URAL. Manure in Deepen- f Efeet of Vegetable irey the Soil. Tbe efeet of manuring with c jea crops, or vegetable manure, ie te render the soil loose aad mellow. Heavy, sticky day soils are changed by this process. Dens and laxurant growths of clover and grasses pierce tbe soil close ly with roots, and loosen and tbne, the tough clay into fine mellow mat In addition to making the sefl more far tile and productive, farmers who practice this method a few years find that modi time and labor era saved by it. Plowing beeotae easy because the soil is lH BIH ,aBBBBBBBBBBBBBaBBBBBBBBBBBUBaBBBBBBBBW . t www BBV a ranch aa raalrl formerly fcnj with three. The soil thus cultivated ai brought under the influence of down thi- nnres, will continue to produce full loaa nd 1 macron Pt of grain and grasses, beeauio it is kl lira pure and healthy condition by the coutiuued process Of vegetable fermenta tion. Experience prove also that worms, insects, weeds snd other like annoyance to tbe farmer cease. The mass and vsM riety of vegetable matter committed tm tbe soil in the process of fcrmeniation and secretion of juices destroy worms, gramrl and other insects that prey on vegetation. By means of tbe decomposition of the vegetable mas the juice of tho soil are rendered fertilising, and produce the most abundant and perfect crop. Observing tanners are not slow to learn that tbe plumpest and fairest grain are grown oar 3 snch soil. Green manure is not only bend) licial in rendering stiff, clay soil looses and mellow, but becomes necessary toJ snpply the want of barnyard mauure where that ia lacking. Except in it neighborhood of towns and cities the ter cannot be had cheap enough to I available, and green manures must take i its place. Perhaps the best mixture of grasses for green manures are, for ono acre, one pound alsike clover, one poahpnl of red clover, one pound of white clover, one of orchard grass, one pound of timothy. This will make a denae mass of vegeta ble matter both in and over tho soil, Exchange. Variety of food for Animals.- Many suppose that this means to make 1 complete change every little while, but according to tut experience anch hirnres p a , o are altogether wrong in the sudden way some take them. Variety, according to my idea, is sufficient mid best to be given with ngnlrity and daily with cow and sheep ; daring feeding seasons, and when it l necessary and advisable to give .1 L t-J J f j J ti . 1 mciu a iresii all HI 01 woo, it IS well 10 UO it gradually. For instance, when cow go to grass, pat them oat first when the dew has evaporated and get them in early in the evening and feed at night, for tho nrst week, keeping tbem in their former quarters, and by tho aame rule accustom tbem by degrees to dry diet for winter; but in the U nited State aa the hay gen erally consist! of one or two coarse grasses, it is requisite to give a little braa or teed ot some kind to keep tbe animal in a tiptop condition, whereas hay made from na ural grasses, Where the varieties almost exceed belief, will make beef with out any auxilarv whatever. Hay, meal and oil-cake, given daily for month, la all tbe variety many of the fattest beasts have had. When a few " good sweds are added the variety is ; -grest ; fat to give oil-cake for a week, F and tbeu for a change give none, would be very great folly ia the fattening of any animal. When cattle an fed with any degree of judgment, and variety of the kind here alluded to is contrived, there will be no sickness, no nnthrift ness, and perhaps no abortion among females, unless they eat hay made from grass when the seed shed, in which case ergot and the seed of many weeda which have time to mature may cause mischief of this kind. "Variety is charming." but sad- never did I see one sir p irely sad, o sira-' den change i only a little better than aa ply heart -touching ami hopeless as that f change at all, unless the changes are all )rr if it had hope, it was that which look i for the better, ia which state of things beyond coffin and cbarnei booses, and change away. i : :i. - I bbI I t - ,m - 4 I