North Carolina Newspapers

' ' ' ? ' J jl mm - Tlatli4 of Ydvci'liMiui; i , . One square, tmo time, , '- - J - - $1 (i " . 5 two time,- - - U - - i &) " j three times,- - - - . 2 00 A square is the width of a column, and 1 J inches deep. j Contract Advertisements 'taken at, proportionately low rates. - , i Professional Cards, notexccodiii'' I Miuare. TRI-WKEKLT WEEKLY BY THK ! . ERA PUBLISHING COMPANY. Ttttte of Snbcrpiio i Tri-Vkekly Dneyear, la advance, 3 00 6 months, in advance, - 2 00 3 months, in advance, 1 00 1 month, in advance, 50 Weekly On year, in advance, i -1 00 Six months, in advance, 0 i i Vol. 1. RALEIGH, R C, THURSDAY, JULY' SOth 1871. No 7. vrm ue puDiisneu one year or $ii Am ffltiQV, I 'I I I'll I. II sJTkl ' y nm W W KsW J t THE CONVENTION QUESTION A CANDID VIEW FOR. PLAIN PEOPLE. The plainest mind can understand that where there is a Constitution and Government whether good or bad.there are but two ways to change or abolish them, one way is to pursue the plan pointed out in the Constitution itself, if .there be a way pointed out, and the other way, is, Revolution. - m Is there a Government here? ' . Yes. ! Is there a Constitution? Yes. , ' ; . . Does the Constitution point out the way in which it may lx changed? Yes. I ; Is it proposed to pursue that way? It fallow's that the way proposed is 'j Revolutionary. It Is precisely the same trouble we had In 1 SCO. We had a Government and Constitution, and the Constitution contained the plan bv which it might be changed. Some said it was a bad Government. Some of the Southern statesmen said they had a right lawfully and peacefully to change the Govern mcnt otherwise than as pointed out in the Constitution ; others admitted they had the right, but insisted that it was only a Revolutionary right. The at : tempt was made, a war followed, and .we know now, to our sorrow, which was right. Are the plain people of the State, who have to bear burdens when burdens come, prepared for : another Revolution? We do not ask wheth crthe politicians are of course they are, but are the ieopIe prepared? It is to be ieaceful we are .told, all to be done bv the people themselves at the liallot box! Just so it was in 18C0. The pol Iticians would not do the deed until bv political trickery, they made the people authorize them to do it. They submitted it to the people to call a Con vention and the people voted it down, and in two months they submitted it again, and they stormed the people into it by a very small vote, j and the Convention! met and the deed was c. ill- s. i' I done. are to bo made the eats-pawi for the f politicians. ( They are to be pursuaded, threatened, abused,deceived, and' when they have been used, and the trouble comes, then they are to be put in the front. Now as in 1800, every thing is to be done peaceably ! There j will not c blood enough to stain a pocket-handkerchief! And .there are those who will believe all this, although they know that there never has been a blood less Revolution in the world. Let us reduce the question to some thing practical. Jjet us suppose the Con vention is 'called and meets tomorrow: abolishes all the oflices, turns -out the officers and elects new ones. ;What comes .next? If the Convention is a lawful bodv. of course every officer . ' WW w goes out, and there is the end. But if it le an unlawful body.then no officer can go out.even if he desire to do so. Every officer who has taken an oath would violate his oath, and every officer; down to Clerks and Sheriffs who has given a lxmd. would forfeit his bond. What will the Governor do? ite has already declared thatthe Convention will be an body. AVhat will the Judges unlawful In? Thev have declared the s line. (If the Treasurer of the State turn oyer the funds to another, his bond will be . for feited, and so with every Sheriff, Clerk, Constable, Ac. If these questions can bej settled by the Courts, what a harvest for tile law yers ! But is it proposed to settle them by the Courts? The Judges have al ready declared the Convention unlaw ful. Wliat is tiiease of the expense? But they do not mean to settle it by the Courts. They mean force, j In the last Iresidential campaign they' declared thepresent State Government unlawful, and if necessary, to be broken up at the point of the bayonet. The Presidential election comes on next year, again. It is their platform still. President Davis lias taken the stump, and declared that "nothing'has been settled by the war." Vice President Stephens lias ! become Editor, and declared that what has been done is void. And every where the Government is denounced and hated. There are three departments of our Government. (1) The Legislative. The Legislature called the Convention byji majority vote and "therefore we have the judgement of a majority of the Legislature that the Convention will be constitutional. But then we have their judgement that it will be uncon stitutional ; for, they first tried to pass n bill which declared upon its face that a two-thirds vote was necessary.; Fail ing in that they passed the present bill by only a majority. Make the most of itthen, and the Legislature is divided. (2) The Executive Department. The Governor has declared it unconstitu tional, and -refused to execute it. (3) The Judiciary. The Judges of the Su r :ne Court have declared it unconsti onal. How stands the case 'then? 1 r f the Departments doubtful and ; ' I, and the other two Depart , unanimous iri the opinion that vention will be an unlawful and "onary body. There has been HLe It in the State of Rhode The United States Govern- O: ment interfered and settled the dispute in favor of the old Government. Is it possible that the people are prepared to be led into a measure so plainly Rev olutionary? Supposing the Constitution to be bad, there would be some excuse for this Revolutionary mode of changing it, if there was no other way. But there i3 another, better than this, be sides the way of calling a Convention by a two-thirds vote. -The Legislature can propose a change in any particular, and submit the cliange to a vote of the people. If, for instance, they want to abolish the Supreme Court or alter tax matters, the Legislature can pass a bill to tliat effect, and submit it to a vote of the people. Indeed, there are so many ways, and it is so easy to do right, tliat it Is very suspicious when they pro pose to do wrong. It means something. Why want to get a Convention of politicans together in these dangerous times without telling the people before- hand wiiat they are going to do instead of passing a bill making the neccessary cliangcs and submitting them to the people? There arc dangers ahead, and we will proceed to point out some of them. It is insisted that a Convention ought to be called, because the Constitution inflicts upon the people burdens which they cannot bear. And here is where they deceive the people. We admit that the people are burdened. The peo ple feel that, and we feel it. But is it owing to the Constitution tliat is the question ? The Constitution was adopt ed in 18G8. Were there no burdens in 18G7, 1SGG, and 18G5? Answer us, were there no burdens then ? What caused them?.So in 18G4, 18G3, and 18G2. Were there no burdens then ? What caused them? politicians, politicians, politi cian caused them ! Do you not remem- ber how between their dainty fingers, they dangled their snow-white hand kerchiefs at you in 18C0, . with which they would wipe up your blood if spilt. Truly a child's hippin would have staunched the blood which many of them. shed, but how was it with the people's blood? And believe me the ixuiiUTUis aru lis utiruiui, uuu u hit- signing now as men. rney Know tnat you have burdens, and they know that they brought them upon you, and they seek to divert your displeasure from them to the Constitution which you have framed. Let us examine a few of the burdens and see whence they came and whether a Convention can relieve you. 1. Taxes are heavy. Yes, they arc heavy and they will continue to be heavy under any party, and the more Convention and Legisla tures we have, the heavier they will be. What makes the taxes heavy? Why, before the war we had a large fund in vested for common schools, and the in terest supported the schools. So the State had large stock in the Banks,and the dividends supported the Institu tions. All these were lost by the war,and. now, the Schools and the Asylums, and the whole Government has to Ikj sup ported by direct taxes. In addition to that one half upon t our population were governed the plantations; now. all go into the Courts, Again, our public debt was large be- the interest increased during the war. ana it lias been in creased . since the war. To meet all this we are very poor, made so, not by the Constitution, but by the war. How can a Convention help us? Can it restore the lost school fund, or the bank stock, or pay the public debt? No. Will it repudiate the debt? If that is what is desired, the Legislature can repudiate it just as well. Can it compromise the debt? So can the Legislature. Just here they seek to deceive the people, with a scarecrow. Thev say the Constitution commands the Legislature to lay a tax promptly and vearlv to pay the interest on the mf r public debt, and that every member who fails to vpte for it, is foresworn ! Well it has been hree years, and we have had two Legislatures, ana not a dollar of tax has been laid yet. If their consciences held out so long, it may be that they can hold out a little longer. We would not speak lightly of such a Kiihlect. if it were not a pretense of theirs. A mother gave her child some plums, and after it had eaten them, it ran to its mother and said, now moth er I've eaten the plums, and if you don't give me a sixpence, I'll swallow the stones. These politicians are as cunning as the child, and their pre tense is just as shallow. If you do not give them a Convention, they will tax you to death, say they. Well, let them trv it. The truth is that the Constitution imposes upon the Legis lature no duty in regard to the public debt which would not be, if the Con stitution had not mentioned the debt. So far from the Constitution impos ing heavy taxes, it does what no Constitution has done before. It forbids the Legislature to lay a tax more than two dollars on three hundred dollars', worth of property, .except for special purposes. (H.) Another objection to the Con stitution is thej udicial system. ; Give us back the old system, say they. Yes, the child cries for the bird 1 in the air, and will ; get it before you get the old things back again They want the old County Courts, ana all that, and don't want negro commissioners, and negro jurors, xc. And would there not be negro magis trates on the bench, and negro jurors, all the same? We have an entirely different population in the Courts from what we used to have : and is it not in- I dispensable to have a Judge on the I bench to hold the Courts? But then I we have, more Judges and worse ones I than formerly, say they ! We have I fewer now than most of the States, and I we have more people and more suits than formerly. As to bad Judges, no government and no times have been free from them We have twelve Circuit Judges. Six of them go out of office 1 ! A. ' ' a ' V ' i AW E nexi year, anu ineotner six, iour years hence,- or kix years, as some say. It may oe conceaea mat some or tnem are I objectionable ; one was decidedly" so and has , resigned, and another put in his place who gives great satisfaction Much objection is made to another, be cause he is ' what is called a carpet bagger. His four years will bo out next year. And so there may be faults with others ; but many of them are ex- cellent Judges, and some of them are old Judges, and elected by both parties.! And this further is to be said: that they were elected soon after the war,r when many of our best men were dis-j qualified from holding offices; and certainly the Constitution did not make! them good nor bad ; nor did the fact that they were elected by the people-1 Some of the worst Judges that ever sat in this State were under the old sys- tern.: : We do not mention it to the dis- credit of the Governor or the J udgej for it was probably the best that could, be done under the circumstances, but J it is true that Governor Worth appoint- ed a man Judge who had not been in. the State a year, who came here in thej United States army, and had justj got his license. He made -anotherj appointment whose bad habits on the bench compelled him to leave his cir- cuit and another Judge had to go and take his place.. The conduct of another; Judge on the bench during the war. was too marked to have been forgotten,' nd longer back another was charged,' we hope unjustly, of a crime at which human nature revolts. The Supreme! Court Judges, too have been ruthlessly assailed. Yet two of them were of thej old Couri, and are as good now as then,' and Iwtre elected by both parties J The others have all filled high positions in their professions and in the public counsels, in " . former times. Tnere; never has been a time when s the Su- preirie Court bench was filled by abler y and better men. Slanders have been heaped upon them it is true, but what Judge has ever been free from them. Ruffin. Gaston, and Daniel are held up as the models with which 'the present judes are to be compared ; and yet those Judges were charged with judicial murder in the case of Madison Johnson, by him who justly stood at the head of the bar, on account of their supposed prejudices against him. But in those better times,that was set down, not to the corruption of the Judges, for they were not corrupt noryettothe maligllity of the lawyer forhe not malignant, but to the incautious zeal of the advocate. In those days, if Judges ! were assailed unjustly, they found a shield in every man's heart who loved the honor of the State, and even their frailties were . shaded, and spoken of in whispers,and the bar stootl around them as their aid and friend. But the present Judges have presided in the greatest trials through which the Government has ever passed, and grap pled with the gravest questions of State. They needed, and were entitled to, the aid of the bar, and support of the press ; but potn nave been Hostile, x et tne Court has stood like a stone-wall, and the billows have broken against it. And so it will stand; and so Its decisions will stand, as the ablest and wisest to Ik found iii the reports. liut suppose it is true tliat there are objections to the Constitution, who knows that a Convention will make it better? ; it is easy enougiijior a man to sit down at home and think of something he would like to have amended, but, silly man: tlie amend ment lie wants may never be thought of, and one that he does not want may be made. Who can tell the "rings" that may be formed. All the Swep- son's and Littlefield's are not dead yet. Who can tell, for instance, what com binations and "rings" may be formed by capitalists and lawyers against the Honiestead?, The lawyers are the most influential class in any public body, and capitalists next." Every body knows that these classes will break up the present Homestead law as soon as they can. ! Men will go for their interests. There are millions of old debts against , principals and sure- ties, now hanging over the Home steads. Every capitalist and lawyer is interested in breaking up the Home stead. ' The capitalist to make Ids money, and the lawyer to make fees. Yet there is not one of them now, that will tell you that he is opposed to the Homestead. They will tell you they are in favor of it. But do you believe them? : A capitalist in favor of I a measure that keeps him out of his debt ! A lawyer in iavor of a measure that is starving him to death ! No they will break it up if they can, and you who have your little homes may tell your wives and children so. How long have these capitalists and law- yers been in favor of the Homestead? Judge Reade, in an opinion delivered upon the stay law, six months before the Homestead decision was made, in timated that the Court would sustain the.Honiestead law, and such a howl was never raised before against any action of the Court.1 The bar, the press, and the capitalists all united to denounce the Court as corrupt,, and to 1 ridicule the opinion, and to deter the Court from making the decision. But the time come, and the Court with a I m m m - nrmness wnicn did it nonor, and witn ability and learning, which has never been answered, did sustain the Home stead. !' What! lias changed the lawyers, the capitalists and the press since then ? What is1 the matter? They are not changed.! They were vanquished by the decision of the Court, and they have I drawn off their forces in ambush. They sally forth whenever they can do mis- I chief. They have already got the U. S. Court ! in North Carolina to overule j the Homestead, and some of thecapi talists have pretended to go and settle in other States in order to bring suit in I the U. S. Court. They only feign to be dead, as a viper may, to get a chance I to strike.! Do not be deceived when they tell j you they are in favor of he Homestead. Thev do not mean our I Homestead for old debts as well as new, but only for new debts. There is no need to alter the Constitution to destroy the Honiestead. Change the Supreme Court, that wrill do it. 1 You will have the present Judges put, off and better- ones, put on: .But - are you sure you will j get the better ones? Who will they be ? B. F. Moore, is set down as the 44 father of the bar," and they have used him so much that he must be put upon the bench, and then she will wear her dimpled smile. Judge Manly was beaten by the Legislature, and by the popular vote 20,000 majority, and lie must be reinstated, and then vigor and strength will have their repose ! And Mr. Merrimon was also defeated by the popular vote, and he must have a place, and then brass will sit in the seat of gold," and pretension wear the robe of wisdom. A change for the bet- ter, say you ? Who are they that want a Conven tion ? One-third of our population are colored they do not want it. Another third are plain,small farmers'and labor ing men they do not want it. All they want j is to be let alone, and to have peace. Another portion were the wealthier classes, who lost all and are desperate, i and they want they do not know what they want ; they don't want to work, that is certain, and many of them want a Convention, or any thing else that will make a change. A large class are politicians, out of office. Tthey would have some change ! A tixt rvw"f it I I nmr hvltr f We earnestly warn the people to look around them. " Eternal vigilance is the price of liberty." Put the politicians down, and then if there are defects in your government, take time, and take the proper means to correct them. Every change is not for the best. PROVERBS. "Birds of a feather will flock to gether." The Democrats insist that the Ku Klux Klan is not a party or ganization, j Outrages of the most hein ous kind are committed by men in dis guise, and the victims are always Re publicans. When men are identified and arrested for these outrages, Demo-, cratic lawyers flock around the Courts and are eager to appear in defence. Democratic papers denounce the arrests as acts of despotism, and apologise for the crimes. . Democratic witnesses prove. alibVs, and Democratic politic cians become ban in large amounts. Democratic I crowds manifest an eager interest for the release of felons, and no word or j look of sympathy can be found for the poor lacerated victims. If these Ku Klux outrages had been committed ten years ago. our whole people, without distinction of party, would have risen Up in righteous in dignation, and demanded speedy jus tice upon such criminals and outlaws. Now, many of our men of highest character in 1 society, church and State, remajn passive and silent, or denounce the outrages in such terms as almost amount to apologies for crime. t The spirit of revolution has not only wrecked our fortunes, but has seriously damaged all' of our ideas of justice, morality and Christianity. The people can put down this terrible spirit, and we believe that the vote in August will be as decisive and fatal to the Ku Klux revolution as , Gettysburg was to the rebellion. . A THE VOICE OF A PROPHiT. ' "I tell you that our vartv i aone un and this State urill go for the Itepvbli- cans m tne jtresiaentiai election." -j. tellyouif toe go into an election we will be badly defeated." Conservative Senator Love, of Jack- son, in the debate on tne invention act. WHAT IMPEACHMENT COST A RA V AND EXPENSIVE BOOK. L : The Books of the Auditor's and Treasurer's offices show -that! the Im peachment Trial cost the people of the State the enormous sum of sixty-one thousand five hundred and forty-eight dollars and fifty-five cents. Here aire the items; j $ 3,000.00 Reporting, 1 man and staff 44 days, Y:- ! i i i 4,375J00 5,015.50 Paper, Pay of witnesses, Pay of members, 170 at $5 per day, Pay of clerks, door-keepers. Ac, 2,84040 5,655.20 37.400JOO ' 2,4G100 Fuel and and Ughts $24.00, 44 eortli woods $165.00, 200.00 S61,548j55 Adl,: for a clerk and messenger lor the lawers, ! 350.00 And we have 61,898,155 Gov. Graham, Gov. Bragg and Judge Merrimon received at tne rate of $2.72 j per day each for their services to help seven other leading Conservative law yers, appointed by the House, to pros- ecute Gov. Holden. Seventeen thou sand eight hundred and thirty dollars of this money was wasted jar given away to party favorites. Three thou- sand of it to extra high-priced; lawyers to help seven others appointed by the House who, it seems, couldn't help themselves. Twelve thousand nine hundred and ninety dollars for making a book of the proceedings and speeches in the case, which the people will never see, unless they buy it from the Conservati ve Pub lic Printer. . . Is not this monstrous, in the present bankrupt condition of the State ? Will it be tolerated in a party which got into power upon false promises of econ omy, retrenchment and reform ? j The Conservative party is all-power ful in the State now. They can make the laws they can control the finances of the State they can depose and turn out every public officer in the State if they choose, and they should, therefore, ustly be held accountable to the peop3e or their profligate and ruinous expen diture. No wonder they had to almost double the tax to meet the demands bf their reckless extravagance. If they paid, as we have proved, twelve - thousand . nine hundred and ninety dollars for one single book how much would they make a Convention cost the people ? Arguing from the bregding established facts.not less than $500,000. j USELESS OFFICERS UNDER THE O&D CONSTITUTION, DISPENSED WITH BY THE NEW. Under the o Id Constitution there were several thousand more office-holders than there are under the present. There were 00 County Court clerks annually from the peo- who received pie on an average not less than $l,dopi each, and an annual extra allowanceof i s $100, making $99,000. j There were ninety county Solicitors, who received at least $000 in each ! of the counties, where there were four jury terms $100 extra of the County Court, and annual allowance in Sill $G3,000. 1 under the new system there are? 12 Solicitors against 98 State anci county Solicitors under the old Constitution. These 12 Solicitors are paid by the State $20 for a two weeks' Court twice a year in each county which costs to he State, for these $3,J00. 12 Solicitors, per annum, ; Eight Solicitors, under the bid plan, would cost just the same, as, although the circuits were fewer, Courts.woukl be - 1' -Si' held in just as many counties as they are now, land the cost would be the same.; So that the cheapness of the present plan consists in dispensing with the ninety county solicitors who cost nine thousand dollars per annum more than is now paid for the same service.1 I There were six thousand or more mag istrates appointed for life to eWry put party ends and purposes, and for noth ing else. We have the authority of jfche Editor of the Sentinel for saying, that at one sessipn alone more than 1200 new magistrates were made, inanyj of whom, he declared, were "perjurers, lYwkici anil l ! i?faTn o 1 1 ninni)) The increased number ofi Judges . . n i i 1 ' i which the convenience of the people demanded, and which several Govern ors recommended before the ar, amounts to nothing. The salary was fixed at its present figure, before the adoption of the. present Constitution, by the same party which now wants to lower it because they are out.! ; j Not to speak of the saving in the jab olition of four jury terms of thje County Court, the amount saved by abolishing the offices of County Court clerk and county solicitor is $18,000 pej- annum in the shape of extra allowances alone, $3,000-more than the increased expen diture under the new Constitution for live new Judges. ' : t The habit of the Conservative party is to make speeches and write about the burdens of a Constitution which they have never read. ; VOTE IN YOUR TOWNSHIPS I Remember the last Legislature pass ed an act inteuded to cheat the poor negro out of his vote, "requiring every one to vote in his township. So be sure to be in the township where you have resided ninety. days prior to the 13rd Register, and - vote "No August next! Convention." REVOLUTIONS. "Revolutions never go backward." The history of the world shows the truth of this proverb, and the events of the last ten years .make it peculiarly significant to the people of the South. In 18G0 secession was to be peacable and yet it resulted in a terrible war that desolated the land, and subjugated our people. Secession was necessary to secure and perpetuate slavery, and yet it resulted in the emancipation of the slaves and made .them the political equals of their former masters. 1 SecJ?ssion w;as to make the South in- i dependent of the North,and thus greatly increase he power and material wealth of this section,4 and now we are more dependent than ever upon thej North, and we are so poor as to excite the sympathy of our conquerors, and there is "none to do us reverence." . In 18G0 cotton was the king that was to control the commerce of the worM, and make the Northern jeople our suppliants ; and now the Northern peo-, pie have more than doubled their wealth ; cotton isthefickle play thing OI commerce ana tne south is but a plantation of Northern capital. In 1860, many of the leading spirits of the South were proud, aristocratic and arrogant, and they have not since learned wisdonv from experience and misfortune. I In the spring of 1805, the Southern people were" conjpletely subjugated and submissive, but' the lenient; policy of President Johnson removted their fears and they again became insubordi nate. "The policy" was not accepted in good: faith, and it was ai failure. Congress then interfered and offered the Howard Amendment. This policy allowed our people to regulate the ques tion of suffrage as they pleased! but ex cluded the leaders of rebellion from office. The Democracy, who had gain ed the ascendent, indignantly reject ed this policy, and their action brought on colored mffragc,military government, and the reconstruction-of State-institu- tions. ... i - i The Conservative Democracy of North Carolina have' been a lion in the path of progress, of Union, harmony, peace and prosperity, since th close of the war. They have disregarded their plighted faith, and the Constitution and the law of the land. If they succeed in calling an unlawful Convention and thus produce another Revolution, the people may be assured that this "Rev olution will not go backwards." The Revolutions of the' last ten years have centralized power in the general gov prnmpnt. nnri that nnwpr will ta mftill' tamed at every hazard. The people of North Carolina have everything to lose and nothing to gain by Revolution. It is the ource of all our misfortunes. Peace and quiet, obedience to law and lovaltv to the ! government, and harmony and industry among our peo ple, can alone restore prosperity, hap- piness and independence to the State. GENERAL RUFUS BARRINGER. The letter of this distinguished gen- tlemari, which we reprint to-day, will . - attract attention, especially 111 the West where Jie is so well and avorably known. It is a straight forward, point- ed, common sense view of the subject. His old companions in arms in the i i West will stand by him . now as they did on many a battle field, and will recognize the courage and good sense t he has exhibited in ceasing . to fight 2 when the fight teas over, and bmitting honestly and thoroughly to the new . .1 . . . .. order of things. Many of thein of the rank and file,, we personal agree 'with Gen. Barringer; y know, and they cannot be misled by the feeblej trumpet ingsofmen who wouldn't fight while the figltt was going on, who never re- belled until the rebellion was oeer, and who would not have organized a new rebellion now, if the government had, as they expected it would, confiscated the property of Confederate officers and soldiers, who were- actually engaged in I J.I it X f . 1. L. i 1 ! the fight, for their benefit, and given these latter-day rebels all the oflices they wanted. I . ! General Baringer was true, unswerv ingly true, as honorable wounds attest, to the Confederate cause while the great struggle lasted. He is equally true to the National Government now, and palters in no double sense with a feigned acceptance of the situation. His exam pie will be followed by niany; thousand Confederate soldiere in this State, whose experience of war and its calam ities is of a is different kind from that of the parlor knights who want to stim ulate them to another fight. THEY BACK DOWN IN ROWAN. We are informed that the Convention candidates in Rowan refuse to divide time with the No Convention candi dates. What a commentary on a party that claims to represent the people. Afraid. of the people unwilling that the people shall hear both sides of the Convention question. Wearenotsur- prised at such conduct. It is in keep ing with the prominent acts of the party. Push them to the wall. Make them back down in every county. OPINION OF THE SUPREME COURT i In the Catfe of John C. Poe vs. R. W. Hardie, Sheriff, from Cumberland. By Dick, J. The execution in the hands of the Sheriff was irt&ued to' satisfy a judgment -obtained ou the 17th day of March, 1871, upon a debt contracted previous to the adop tion of our Constitution. ; . 1 I . ' ' ", !''; The Sheriff failed to levy ujon. and bell the reversionary interest in a homestead which had been aligned to the defendant in the exe cution ; and a motion was made to amerce the Sheriff, for his failure to terform an official duty. This presents the question whether the Act of the 2h or Uarch, 1870, (Acts of 189-'70, chap. 121; page 1C5) exempting iron) execution, the reversionary interest in lioniesU-nds, is, in violation of the Constitu tion of the I'mted States an imjmiring the obligation of contracts," (Art. I, Section X.') The rules of law regulating homestead and ' personal property exemptions, and thc1prin i ples upon winch they are founded, were elab orately considered by the t'oui't in Hill . Kesler, C3 N. C. 11., 4,i7. In that it ww dee'ded that 44 the provisions of the S:ate Con stitution giving a homestead and other exempt ' tions, apply to preexisting contracln, as weH as to such ns were ViiterelMinW afterward, and do not thereby violate the provisions of the Constitution of the United Stales in regard ' to the obligation of contracts. " j j As it determined that the State had the power to create the homestead, there ran tie no constitutional objection to the j law-making . power of the State throwing around the home1 stead, while it exists, such safo guards as ar"o necessary foi its protection and completo eij- joyment. ! " ; , - The Act of the 25th' day of March, 1870, H not only constitutional, but it curries out the ' wise and beneficent policy of tho Constitution of the State, in securing a home to a house holdei and his family beyond tho reach of legal process on the part of creditors. The estate in the homestead, as j created by the Constitution, is a determinable fee and the . tenant was not " impeachable for waste even before the passage of the Act above referred to. That Act was intended to protect the owner of a homestead against any vexatious litigation which might bo instituted by the purchaser of a reversionary interest. Suoh interest, if sold, would yield but little to an execution creditor in satisfaction of his debt, and, in nine cases out of ten, would Ixi pur chased by speculators. j U j The entire interest and control of the home stead being now by law,. vested in the holder, encourages him to improve and beautify hta home, make it more comfortable for himself and family, and more valuable to creditors jtt the . expiration of the determinable cstulje. The' Act also provides that the statute of lim itations shall not run against the creditor.') of the holder of a homestead, during the exis tence of the estate. The ruling of his Honor in the Court below was correct and the judgment is affirmed. several conservative orjrans tire republishing mutilated and garbled ex a tracts from the Western ! address to show the inconsistency of , tlie position of leading Republicans. (lien J and now. Thai' address does not advocate or sug gest in any part of it, a Convention called upon the plan proioscd how. There was a necessity for a 'Convention then ; there is none now. Why ? Be cause the present Constitution has nurde althe reforms in the Constitution j of 1835 which the signers of tho . Western Address demanded. They - denounced the Constitution of 1835 as odious aiul anti-republican, and asked for it to le thoroughly changed, j It lias leen thor oughly changed by the Constitution of 1808. What more, t people want? lorefore, lo the Tins Address asked lor- 1. Equal representation according: to population, and liot according to wealth and taxes. ! The Constitution of lSfW o1 dains it. i ' 't 2. The ad valorem tax. The Consti tution of 1808 ordains it. 1 3. Universal suffrage. The C bust it u iton of IMS ordains it. ' 4. Eligibility of all men to olllce. The Constitution o18(W ordains if' f 5. Abolition of pnWrty (lualifim- tions for pflice. The C hhstitution of kik ordains it. j ' i u The establisluneut of the. ollici of ion 1 Lieutenant Governor. of 1808 ordains it. The (htMitu 7. The election oi all the State Kxe-- cutive officers by theix-ople.' The (bn slit lit ion of 18('8 ordains vit. 8. The election of'Judges by the peo- pie. The Constitution of 18(18 ordains it. . 9. The election of Justices ofjjtho The Constitution Peace by the people. of MM ordains if. Every practical and useful reform advocated twenty years ago by the gen tlemen who signed . the Western iAd dress may be found in the Constitution of 18G8 every single one. What mat ters it how they got there, so they j are there, the fundamental law of the land and why do Conservative papers omit to publish that part of the address which shows that it insisted on these " changes? people. Why, but to deceive the A Washington dispatch,. says the X. Y. Tribune, reports that the Democrats of Kentucky are being much exercised at a prospective'failure of the sinew(s of warin thecoming State canvass, jjen tucky has a considerable . demand against the United States for expenses incurred by that Conservative and neu tral State during the late rebellion,' pnd a commission has been .appointed to push the matter through the Treasury Department at Washington. These Commissioners are all Democrats, mid have agreed to di vide their commission with the Democratic State Central Committee, in consideration of having secured their positions. : Rut the claim : hangs fire; Secretary Routwell Js;al- sent; the Commissioners. are cooling ' their heels In the lobbies of the Treas- , ury Department, and" the I)emocratIc : canvass in Kentucky waits for a Re publican administration to grant the claim "to conciliate the conservatives , of Kentucky." i t . r ! I" i .