BtF.K. HAU6 AMD W. U SAUNDtRS.
RATES OF ADVERTTSIKQ,
Published Dally (except Monday) nd Weekly,
. . r l -.-
I
BATES OF 8CBSCBXPTIOIf Of ADVANCE.
any, one year, mall postpaid, $8 oo
- rirmnnthlL u " 00
" three " " " 00
Weekly, one year, mail postpaid, 00
tlx mouths," - w
To city aubacribera Th observe will be de
livered daily at twenty cents per week ; aeventj-
Are cents per month; two aouars for three
months. - t . - -'
PlUCoanty Pelitlca
Correspondence of Ths Observe.
Messrs. xJjitokb : in obedience to a
call of the Democratic Executive Commit
tee of Pitt county, the people met in Con
vention in Greenville the 25th of May for
the purpose of selecting delegates to attend
the Ooldsboro Convention, Jane 6th, con
vened to nominate a candidate for Solicitor
of the Third Judicial District, and the
State Convention to be held in Raleigh.
June 13th, to select candidates for the 8uT
preme Court bench, etc.
The Convention was organized by call
ing E. A. Moye to the, chair. John F.
Boyd mnd J. J. Perkins were appointed
Secretaries. 'Mr. Moye on taking the
chair, thanked the Convention for selecting
him to preside over so large and intelligent
an assembly and plead indisposition for not
making further remarks.
The object of the meeting was ex
plained by J. A. Suggs, Chairman of the
Democratic Executive Committee.
On motion the chair appointed a Com
mittee of five to suggest the names of five
delegates from each Township in the
county to attend the conventions to be
held at the above mentioned times and
places. i t - -
During the absence of the committee to
select suitable persons for delegates. The
convention was highly entertained by short
but thrilling speeches from Anderson Joy
ner, German Bernard, Dr. C J. O'Hagan,
Major Latham, A. L. Blow, Col. E. a
Yellowly and Robert W. Joyner, Esq.
The list of names suggested as delegates
by the committee was adopted, and it was
also proposed and adopted, that any Dem
ocrat of good standing in the county de
siring to attend the above named conven
tions was empowered to act as a delegate
to the same.
The following is the list of names of
delegates:
. Chicot Township Rat. E. Wilson,
William Galloway, George W. Ventess, J.
1. Laugbingbouse, Edward S. Dixon.
ijtcift Greek Township Samuel Quiner--ly,
Frederick Harding, James Brooks,
James A. Harrahan, Ed. 8. Laughing
house. Contentnea Township Abram Cox,
Caleb Cameron, Elias C Blount, Edward
Cameron, Joseph L. Ballard.
Farmville Township E. A. Moye, Dr.
J. N. Bynum, J. E. B. May, Franklin Joy
ner. A. L. Carr.
Falkland Township Henry Harriss,
John King. R. R. Cotton, Willis R. Wil
liams, Joseph A. Dopree.
Greenville Township E. C. Yellowly,
C. J. O'Hagan, J. A. Suggs, B. J. Wilson,
.J. J. Cherry.
Pactohu Township W. W. Little, W.
H. Perkins, James R. Congleton, J. V.
Perkins, James R. Davenport.
Beivin Township David C. Moore, Jos
eph Staton. Godfrey Standi, R. E. Mayo,
John C. S. Cherry.
It was resolved by the convention that
Hugh F. Murray, of Wilson, was its
preference for Solicitor of the 3rd Judicial
District, and instructed ita delegates to
support him as its first choice for that
office. . ,
It was moved that the proceedings of this
convention be published in the Tarboro
Southerner, The Observer, Iialeigh News
and Greenville Express.
The thanks of the. convention were ten
dered the Chairman and Secretaries.
On motion, the convention adjourned.
E. A. Mot, Chairman.
JohxF. Botd,
J. J. Perkins,
Secretaries.
The News please copy.
Judge Smith In Korthamptoa.
Correspondence of The Obsebvek.
Messrs. Editors : Jn the last week's
Observer an account is published of a
Democratic meeting held in Northampton
county for the purpose of appointing dele
gates to the Democratic State Convention
to be held in June, &c It is but just to
some who participated in that meeting to
make a brief statement.
The meeting was fairly and properly
called, by public notice given by the Ex
ecutive Committee of the county, but there
was a veiy thin attendance not exceeding
twenty persons who participated in what
was done. After the meeting was organ
ized a' committee was appointed to select
delegates. The committee retired and
soon reported a list of three delegates fiom
each township, which was unanimously
adopted. A resolution was offered by
Capt R. B. Peebles on the relation of State
and Federal Courts, Railroad Corporations,
&c (See published proceedings). This
resolution was opposed and debated at
some length, but finally carried by a small
majority. A resolution was then offered
by Dr. W. S. Copeland approving the ap
pointment by Gov. Vance of W. N. H.
Smith as Chief' Justice of North Carolina
in the place of Chief Justice Pearson,
deceased, and recommending Justice Smith
for nomination and election, by the people,
to a full term in that high office. This
resolution was opposed, debated at length,
and finally rejected by one majority. As
no mention is made of this in the published
proceedings, the object of this communica
tion is simply to report the fact and to say
the rejection of the above resolution is
contrary to the known and expressed wishes
of the mass of the people of Northampton.
Indeed, it is the common and freely ex
pressed opinion of our people that Judge
Smith, if nominated, will carry almost the
unanimous vote of Northampton, without
regard to party. Northampton.
Gea. Alfred HI. Scale.
Correspondence of Tn Obskkvkb.
Greensboro. N. C May 28, 1878.
One of the strongest and moat influen
tial men throughout the central portion of
North Carolina is, in my opinion, the sub
1ect of this communication. No man in
this Congressional District is as popular,
and no man deserves to be more uni
versally popular i throughout the State
than General Scales. His being a
member of Congress for years gives
him a familiarity with Congressional
proceedings and debates inferior to none,
and with untiring zeal and ability he has,
to the honor of his State, worked himself
ud to one of the highest positions in the
House that of the Chairmanship of the
Committee upon Indian Affairs, a most
laborious and tiresome position.
Gen,' Scales wields no little influence at
Washington. He is sought after upon all
occasions whenever any measure of impor
tance is ud concerning his State, and his
efforts exerted for our bleeding South have
been fought with success whenever tt
has been possible for human ingenu
ity to succeed. In 1872, when
the contest was raging hot between Vance
and Merrimon. Gen. Scales was really
the choice of the Legislature, and came
within a very few Votes of being nomi
nated, and bad H pot been for the aption
of pertain ' men he wotjld baye certainly
been 'nominated for 'the position of United
States Senator. The people of this Conr
gressinnal District propose to nrge witji
every prospect of success, the eleptian of
Pen. Scales to the (Senate this coming
irinter, and I can safely say they are a
unit for him. By doing this party differ
ences, can be healed, anq toe mate tnoxougn
ly harmonised. Give us Scales for the
Senate and we will aw no more.
. . , - v . . ' . - Crvia.
"I shouldnt think there would bTIracn a
word as "breakfast, remarked a young
linguist to bis mother, the other morning
"Why not, dear t" asked she. "Because,
ma," replied the boy,, "it Bint natural ;
things never break fast they break loose.'
There was a sad bewilderment of expres
sion in the face of - that mother, si.iae
gazed speechlessly upon her precioas eon.
VOL. 2.
TUESDAY. JtnOC 4, ists.
SENATOR HANSOM.
A leading Republican newspaper, re
ceived last evening, referring to Senator
Ransom, says that "Raksom has been quiet,
firm, courteous, fair in all things, and de
voted to his party. He has, through his
genial social qualities won the confidence
and regard of everybody; and to-day we
think he occupies a position in the nation-'
al Democratic partv far hicher than that
held by Gordon, Lamar, Hill, or any
other Southern man. Thtjrmin, Batard
and Ransom are the Democratic giants of
the Senate."
The remark 'sets us to thinking. 'The
people of North Carolina learn slowly,
(Hit .they learn . exceedingly .welL -A
conservative cast of mind and thought
has made them feel their way into new
fashions of politics and beliefs, and has
preserved them from falling headlong into
many humiliating and sometimes absurd
errors that have overcome some of her
more sensitive or more haughty sisters.
One great fact that has grown into a part
of the State creed, slowly but very surely,
is that the people are entitled of right to
know what is done and what is said by
their public servants, and when they know
this, they cling tenaciously to the higher
privilege of forming and expressing opin
ions about the words and actions of . these
their Representatives. As a consequence
of this mental activity comes hi due course
the determination to follow great princi
ples, and to regard public men as worthy
of honor and trust only when they 'are the
exponents of principles, and when they
frown down efforts to subordinate the in
terests in which all have an equal share to 1
their personal influences.
One marked characteristic of the teachings
of The Observer from the day when it was
first printed until now, has been its intensely
North Carolina .faith, pride, and love.
Our faith is a practical faith. Our pride
is a just and an honorable pride not lean
ing for support upon accidents, but found
ed on her past and recent deeds and upon
her future capabilities. The love we have
for the State is a part of us, was born
with us, has lived with us and will die
with us. We can no more explain it
than we can our love of what is right. It
comes naturally to our duty to teach it to
our people. We believe with the simplest
faith that there is an immense undeveloped
love for the Slate in our people, but, we re
peat, it has not been educated to vent itself.
The channel through which this great
mine of future wealth for us is to be
reached is a proper pride in our resources.
We have stood by with our hats in our
hands and have allowed other States by.
their very self-confident strength Co take
the precedence of us in national affairs.
We have .men in our high places
who are the peers of the sous of
any State. It is a great wrong that
we do ourselves when we throw high
honors upon one of our noblest citizens
and then quietly look on upon him as once
a King always a King, and to be nothing
beyond. If he is worthy and loyal the
whole people should bear him on their
shoulders to the highest dignities. There
is a chief of our clans who was born upon
the banks of the Roanoke, was nurtured
in our home schools, bote off the honors
of the State University, served his county
and commonwealth in civil employment,
and when war came served his State and
the South with a dauntless courage and a
sweet courtesy that'won for him the name
of the Sir Philip Sidney of the armyl
His devotion to his mother State did not
wane while she wept a widow over her
lost children. , He was called by his bid
friends and iiis new ones to the coun
cils of the National Senate. Since his
appearance upon the floors of this august
body his influence and usefulness have
grown apace with his opportunities for
good. Addressing the Senators but sel
dom his words fall witn easy grace
upon willing and trusting ears. Like anoth
er great North" Carolina Senator, Willie
P. Mangum, his very silence gives him
power, and it is not unsafe or unfair to say
that he has a reserve, force and a national
following that no other Southern Senator
has been accorded since the war between
the States. He is wiser and greater than
the erratic Hill. He is a safer leader than
that other great Georgian who has lost, we
think, something of the dignity of the
Senator in becoming a favorite at the
White House. Lamar, a Rcpebt in de
bate, has not thrilled the Nation with an
oration that will be enrolled in our classics,
and that, to use the language of William
Eaton, one of our best lawyers and purest
men, "will be declaimed as a model of elo
quence by the lads of our schools long after
he has rested on his great laurels from his
greater labors." S
In assigning to the South berj place
among the national leaden in the coming
contest for the Presidency, North Carolina
ought to and will name, and we believe
that she will have the spontaneous en
dorsement of all the States, Matt W.
Ransom, as the Democratic candidate for
Vice President. His loyalty has never
been and can never be suspected.. He has
suffered with his people and he. knows
what they stand in need of from natural
sympathy. His views on all subjects of
egislation are as broad as bis knowledge of
them is thorough. For all these .reasons
and as a tardy rewarj for the patiept work
of a jipet pf good Ifprtb Carolinian who.
have always' been true to country nd to,
prinpiple, we believe that we shall see Sen
ator Rasbom preside over that body of
which he U now an honored member.
Senator Wallace has just returned
to Washington from attendance upon the
Pennsylvania Democratic Convention. . He
says that the Democratic platform and
nominees are both highly acceptable to the
people of Pennsylvania, and wiD win' In
the falL Hereafter he predicts I that the
aeeeadoni tn tha National rjartv In Penn
sylvania wQl consist of eighty per cent. Qf
Republicans' and twenty per cent, of Dea-
rifirals. ,.. .. .. , -.. ... ' ' ,' .
OXTR ISMAS POLICY GBS. SCALES.
The House of Representatives on Mon
day passed the' amendment to the army
bill transferring the Indian Bureau from
the Interior to the War Department. It
provides tbat an officer as high in rank as
a colonel must be placed in charge of the
Bureau, and that no officer of lower grade
than first lieutenant shall be an Indian
agent, These officers are not required to
give bond, but are to be tried by a court-
martial for an improper discharge of the
d jties of their offices.
We trust that the Senate will concur and
that our Indian policy may be altogether
changed. From the beginning the history
of the dealings of the white man with the
hdian has been a record of bad faith in
volving lawless violence and deceit The
first and fundamental principle of our
faith seems to have been that the red man
had no rights that the white man was
bound to respect. We have made trea
ties with the Indians only to break them,
and then because the Indians have defend
ed themselves . and their rights we have
slain them. Their lands have been stolen
their maidens abused, their warriors, even
their squaws and pappooses, murdered.
Nothing that an Indian had has been safe
from the greed or lust of the white man.
So has fared the Indian at the hands of
our forefathers, and so has be fared at
our hands. Yea, he has fared worse in
these latter than in the former days. For
in our day were invented the Indian Bu
reau and the Indian Agent These have
robbed and plundered to an extent even
more disgraceful than -the most skillful
carpet-bag plunderers of the Southern
States, To their vile practices are directly
traceable most of the Indian outbreaks of
these latter years. There is absolutely
no defence for our Indian policy save that
which declares that it is the right of the
white man to drive from the soil and exl
terminate a race thit our ancestors found
here in undisputed possession.
With these views it was with exceeding
great pleasure tbat, at the begining of the
present Congress, we noted that a North
Carolina representative had initiated a
movement to change a system so unjust in
itself and in its workings so fruitful of
crime. When General Scales, who is
chairman of the Committee on Indian Af
fairs, proposed to transfer the control of In
dian affairs from the Department of the
nterior to the Department of War, we
felt sure that all that could be done would
be done, and we are sincerely gratified to
chronicle bis success. It is not a slight
success either, the beating of the power
ful Indian Ring.
We anticipate much good from the
change. Any change from the present
system would be an improvement But this
change, dispensing altogether with the
ndian Agent, will save millions of .dol
lars and many hundreds of lives.
81LK CULTURE.
Samuel Lowert, a colored man of
Huntsville, Alabama, who is President of
the Industrial Academy at that place, ad
dressed the Farmer's Club in New York a
few days ago. He painted an attractive
picture of the possibilities and promises of
silk culture in Alabama. ' Silk," he said.
besides being more remunerative than cot
ton, has this additional advantage its pro
duction requires more intellect and less la
bor. Three hundred pounds of silk, worth in
its raw condition from three to six dollars
per pound, may be produced on an acre of
ground. Cot tor, selling as it now does for
eight cents per pound, is not a profitable
crop. More than twenty-five millions are
now annually paid for imports of manu
factured silks, besides about ten millions
for imported raw silk. All this may e
retained at home. We can make the
manufacture of silk goods a great Amer
ican industry, to say nothing of the pos
sibility of large exports in this line.
Lowert is an enthusiast, but that he
speaks' truly concerning possibilities is
admitted by some of the heaviest deal
ers in silk New York. It is generally
doubted, however, that any very great re
sults will be attained very soon. Every
poor man may produce silk on a small scale,
and it will, find a ready market : but the
enterprise does cot offer sufficient attrac
tions to capitalists to tempt them to em
bark in it The business, for many years.
at least, can only be made profitable by
small farmers, who can engage in it with
out outlay of capital, the small amount of
labor necessary being performed by their
wives and daughters.
It is just such enterprises that the South
needs. There are many parts of this State
in which with' a trifling expenditure of
money and with a pleasant employment of
otherwise idle time money can be made by
our farmers' wives and daughters. There
is a friend of ours in Fayetteville who will
greatly cblige us, and profit our readers,
by telling what he knows about silk cul
ture. And that done, what he knows
about bees will be in order. This is a day
of small things, that is to say our people
have now to look for a living not to large
operations but to small gains and industries
other than cotton planting and turpentine
getting. Add new industries, no matter
how small they may seem. "Many a mickle
makes a muckle.'
The road to wealth in Nevada is the
same as that in Washington. John Bher-
man sets a bad example at the Capital, and
is followed in the Far West Said a
capitalist ia Virginia City, Nevada, a few
days ago, "Extravagance is the cause df
hard, times. We must be more economi
cal. Ten years ago j commenced workiqg
in a mill in Gold Hill at a small salary, and
hi Jess than a year J owned the mill and
had aome money in banfc." !you re
right." returned ft listener with great earn
estness, It is possible for a man to lay up
f 2,000 or $3,000 a month on a salary of
$5 a day, but he must be very economical
and have the handling of the amalgam.'
Sixtt millions ot persons suffering from
famine in China, and the end not yet, U
the latest trustworthy . report from there.
Thai ! mnirVi fnrtri in the , countrv. bat
the Chinese have not the means for trans-
porting it to the stricken cuaoicu.
RALEIGH, N. O., TUESDAY JUNE 4, 1878.
EIGHTH JUDICIAL DISTRICT.
It will be seen by reference to the tele
graphic announcement published in ano
ther column that Major A. C. Avert, of
Burke, has been recommended by the
District Convention as the candidate for
Superior Court Judge, and Mr. J. 8.
Adams, of Mitchell, was nominated for
Solicitor.
Major Avert is the oldest male eurvivor
of a family distinguished in the history
of the State since the signing of the Meck
lenburg Declaration his three elder broth
ers, men of large Bocial and political influ
ence, were killed during the war.
Major Avert graduated with distinction
at the University of North Carolina in
1857, and had just begun the practice of
the law when be was . summoned by his
State to do service in her defence. The
call was cheerfully and patriotically obey
ed. Entering the army as a subordinate
in the 6th North Carolina Troops, he fol
lowed the gallant Fisher to Manassas, and
won promotion and honor under the lead
of Pender. During the last years of the
war be served upon the staff of Gen. D. H.
Hill.
Since the war. Major Avert has de
voted himself to the arduous practice of
nis profession, interrupted only ny re
sponding to the wishes of his people to
represent them in the councils of the State.
He was a member of the Senate in 1865
66, and was elected again in 1866-67, but
was not permitted to take his seat on ac
count of political disabilities. He again
entered public life as a member of the
Constitutional Convention of 1875, and
was one of the most useful and active
members of that body. His last public
service was as the Democratic Elector of
the Eighth Congressional District, and his
canvass was most able and thorough, and
did much to insure the unprecedented
success of the Democratic National and
State tickets in tbat portion of the State. ,
An upright man, a good lawyer, without
fear and without reproach, Major Avert
will adorn a position on which the welfare
and honor of our people are so much de
pendent, No nomination could have been
more acceptable to his numerous friends
in the Centre and East, ilia election is
assured.
John S. Adams, Esq., is the son of the
late Stephen D. Adams, who was a prom
inent minister of the Methodist church in
Western North Carolina. Mr. Adams was
born in Yancey county and was brought
up in Buncombe, to which county his
mother removed upon the death of her
husband. He was educated at Emory
and Henry College, Virginia, and
settled in Mitchell county, after ob
taining license to practice law. He
has not been at the bar more than
five or six years, but has establibhed a
reputation in this short time of which
any young lawyer might be justly proud.
This new honor is in keeping with his de
serts. In a 'county that has been over
whelmingly Republican he has stood man
fully up to the duty of a good Democrat
We think that the people of the 8th Judi
cial District have done excellently well.
THE BANKRUPT LA W REPS A L.
This morning's telegrams announce that
the House on yestercbry concurred in the
Senate amendments to the bill repealing
the Bankrupt Law, and that the bill had
gone to the President for his signature.
There is an error in the telegram in fixing
the date at which the repeal is to take
effect on January 1, 1S79. The Senate
amendment fixed September 1, 1878, as
the date, and in that amendment the House
has now concurred.
The following is the full text of the
bill:
"Tbat the bankrupt law approved March
2, 1867, title 61, Revised Statutes, and an
act entitled an act to amend and supple
ment an act entitled an act to establish a
uniform system of bankruptcy throughout
the United States, appro ved,Marcn 2, 1807,
and for other purposes, approved June 23,
1874, and all acts and amendments supple
mentary thereto, or in explanation thereof,
be and the same are hereby repealed;
Provided, however. That such repeal shall
in no manner invalidate or affect any case
in bankruptcy instituted or pending in any
court prior to the day when this act shall
take effect But as to all such pending
cases, and all future proceedings tnerem,
and in respect to all pains, penalties and
forfeitures which shall have been incur
red under any of said acts prior to the
day when this act takes effect, or
may be thereafter incurred under any
of those provisions of any of said acts
which for the purposes named in this act
are kept in force ; and all penal actions
and criminal proceedings for a violation of
any of said acts, whether then pending or
thereafter instituted, and in respect oi ail
rights of debtors and creditors, (except the
right of commencing original proceedings
in bankruptcy) and all rights of, and suits
by or against assignees, under any or all
of said acts, in any matter or case which
shall have arisen prior to the day when
this act takes effect (which shall be on the
first day of September, A. D. 1878), or in
any matter or case which shall arise after
this act takes effect io respect of any mat
ter of bankruptcy authorized by this act,
to be proceeded with after said last named
day. the acts hereby repealed shall con
tinue in full force and effect, until the
same shall be fully disposed of. in the
same manner as if said acts had not been
repeal "?d."
The Macon Messenger gives a cheerful
account of the growing crops in Georgia
There is a most gratifying prospect for an
abundant yield of wheat, oats, rye, barley
and vegetables. There is an unusually
large acreage in corn also the present year,
and the stands of cotton are better than
it ever remembers to have seen. In th,e
glorious harvest of wheat and oats, now
wf u advanced, there is the happy assur
ance that the demand for Western cornv
must shortly be greatly diminished, and
farmers are generally turning their atten
tion likewise tq the raising of then own
meat The people are learning the true
lesson of independence by raising their
own food, so that the cotton ' yield will
come in as net revenue. ' '
Thb Raleigh Obsibveb has an Idea that
the South Is entitled to the next Vice-President
and that Matt W. Raesom of
North Carolina is the man for the place
and Thb Obsebveb is as usual exactly
right. Bo asyt the Weldon Nem.
THE BANKRUPT LA W REPEAL.
Yesterday's telegrams announced the
repeal of the Bankrupt Law. Last even
ing's mail brought as the following well
considered letter from our friend W. H.
Malobx, Esq., of Marion, N. C, now in
Washington, in relation to the condition of
North Carolina people as affected by recent
legislation, and the timely movement of
General Vance to afford them the only
possible relief. Inquiries are daily made of
us, as of our Congressmen at Wash
ington, In regard to this matter and
Mr. Malone has taken the trouble to
make a plain statement in regard to it, for
which we are greatly obliged. The letter
was written a few hours before the Bank
rupt law was. repealed, and commenced
with a statement of the then position of the
repealing bill. Omitting that, we annex
Mr. Malonx's letter.:
,- r WAsmsoTCSL May 28, 1878,
Messrs. Editors : - In view
of the recent decisions of several
courts, it is, perhaps, of little import
ance whether the bankrupt act is repealed
or not If Congress snail finally refuse to
repeal the same, or extend the time at
which the repeal shall take effect, in my
judgment without further legislation by
congress, the people nave no relief, or, at
least, but partial relief under the present
bankrupt act The original bankrupt act
was ratified 2d day of March, 1867. The
14th section of that act exempted $500 to
the bankrupt, with wearing apparel, etc,
together with whatever was exempted by
the State in which the bankrupt bad bis
domicile, not to exceed the amount ex
empted by the laws of such State in 1864.
And as several ox the States In 1804 bad
but slight exemption, if any. and the Con
stitution of many of the Southern State
between the 'years 1864 and 1871 having
provided enlarged and more liberal ex
emptions, Congress was induced to pass
an act ratified 8th of Jane, 1872, amend-
tng the act or 2d Jiarcn, 1807, by "mxmna
out the words eighteen hundred and sixty.
iour- and inaertins: in lieu inereoi
"eighteen hundred and seventy-one." So
tbat whatever was exempted m the States
in the year 1871 was intended to be pro
tected by the bankrupt law. And North
Carolina having adopted the new Constitu
tion in 1868, and Virginia in 1870, and most
of the other Southern States about the
same time giving enlarged exemptions,
came within this provision of the bank
rupt acts. Then, on the 8d March,
18 i 3. Congress passed another act
putting a legislative construction
upon the act of 8th June, 1872.
This amendatory act of 3d March, 1873,
provided that this exemption should be
valid against debts contracted before the
passage of such State Constitutions and
laws, as well as those contracted after the
same, snd was declared good against all
hens, judgments. Ac.
Taking the original act and these amend
ments together it made the 14th section of
the Bankrupt Act, as revised, in the United
States Revised Statutes, 5045, read as
follows:
" There shall be excepted from the op
eration of the conveyance and
such other property not included in the
foregoing exceptions as is exempted from
levy and sale upon execution or other pro
cess or order of any court by the laws of
the State in which the bankrupt - has his
domicile at t he-time of the commencement
of the proceedings in bankruptcy, to an
amount allowed by the constitution and
laws of each State, as existing in the year
187 L and such exemptions shall De valid
against debts contracted before the adop
tion and passage of such State constit Jtion
and laws, as well as those contracted after
the same, and against liens by judgment
or decree of any State court, any decision
of any such court rendered since the adop
tion and passage of such constitution and
laws to the contrary notwithstanding."
This is the law as it has been administered
ia tne Uourta oi lianaruptcy until recently.
Judge Dick, in the case of Jordan, from
Henderson county, reported in the 8th
National Bankrupt Reports, 180, In a very
learned and elaborate opinion, sustained
the constitutionality of this section: and
others of the District and Circuit Judges
took the same view. But at that time the
exemption laws, as provided for our State,
bad been declared rxtua Dy tne Bopreme
Court in their effect upon "old debts,"
and Judge Dick alludes to that tact
in the opinion in r Jordan ; the argument
being that the homestead and exemption
being valid by the decisions of the State
Courts must of course be valid under the
bankrupt acts. It is true that Judge Dick
in that case and in the case m r Vcgle,
8th N. B. Reports, took higher ground,
and contended, in effect, that Congress
having the power under the Constitution
to pass a uniform bankruptcy law, that it
could adopt a Slate exemption which
would be good, whether valid as a State
law of not
But judge isona in r lsiuara o, a. a.
R, 401, has decided differently : noldlng
that as no State could pass a law impairing
the obligation of a contract ; that Congress
could not impart a power to tne Dtate to
do that which was prohibited by the Con
stitution. And more recently Judge Waite, Chief
Justice of the United States, sitting ia
Bankruptcy, has decided tbat "the amend
ment to the bankrupt act of March 8, 1873,
in so far as it attempts to give to State ex
emption laws an effect different from that
given to them in the State Courts, ia un
constitutional and void, as destructive oi
the uniformity requisite to the system of
bankruptcy authorized by the uonsuiuuon
to be established by angRes." In r$
Daniel Deckert, 10 National Bankrupt
cy Register, 1. The decision of Chief
Justice Waite has been frequently men
tioned in the papers, but I will give the
points in that case, upon which the decis
ion is based.
The case originated ia the District of
Virginia. Deckert was adludced a bank
nipt on his own petition 81st March, 1873,
and the assignment made lotn aiay, 1973.
Thellth article oi tne Virginia con
stitution adopted in 1869, allows exemp
tion of 92,000 real and personal property.
Deckert, the bankrupt had set apart the
9J2.UW. and tne creditors noiaing aeots
which existed prior to the passage ox tne
Constitution in 1869 filed exceptions, upon
the ground that the exemption feature of
tne Virginia (Jonsuttiuoo as to dents ex
isting prior to its adoption was void in
Virginia, and therefore void in a court of
bankruptcy.
Now the court oi Appeals in Virginia
In 1872 had unanimously decided that
this exemption in their Constitution of
1869 was unconstitutional and void as to
debts existing prior to its adoption. Chief
Justice Waite in this opinion says, in sub
stance, the umformity mentioned in tne
Constitution, not onlv means uniformity in
its application throughout : the United
States. - but must be uniform in its effects
produced. He uses the following langu
age which is lorctDle ana reasonaoiei 'voo.
gress has power to establish uniform laws
on the subject of bankruptcy throughout
the United States. Constitution, article 1,
sea 8. A bankrupt law therefore to be
constitutional must be uniform whatever
rules it provides for one State, it must for
all: H must be uniform in its operati
not onlv within one State, but witiiin
among all tha States. If It provides that
property exempt from execution shall be
exempt from' assignments tn one State tt
must in all. If it specially sett apart tat
the urn oi the bankrupt certain property or
certain amounts of property in one btate
without regard to exemption am a tsss
do the same in alL If it provides that
certain kinds of property shall not be
assets under the law in one State, it must
make the same provision for every other
place within which it is to have effect''
am i understand this decision, that as tne
Court of Appeals of Virginia had decided
the exemption of the state void as
to "old debts" the bankrupt could not
have the benefit of the same. There was
in fact no existing exemption in Virginia
to old deou. tor tne reason that tne
law in that regard had been declared in
valid, and would De giving an effect that
the State Courts did not give.
ine unlet justice says this would oe in
"effect to declare that thete shall be one
exemption for Virginia and another for
Pennsylvania without regard to the laws I
nt tfcj fit.to la nwihnltra.1 " 1
W& UN HUM! tm MIIW IW ItWWIIIH
In other words, the bankrupt act tn adopt
ing the State exemptions can only adopt
them to the extent that tney are valid in
law. ' ' r-1'"
Now how does this illustrate our condi
tion in North Carolina f The Supreme
Court of the United States a few days
ago, in the case of Edwards vs. Kearney,
on a writ of error from the Supreme Court
of North Carolina, has decided Article iu
of our Constitution exempting certain
property from execution, is nnconstitu-
tional and void aa to debts contracted
prior U the adoption of the same that is
to say, there is no exemption in our State
aa to "old debts,'' (to use the ordinary ex
Pression.) . .
.wow tins is tne law or Kortn uarouna.
Every Judge in the State is bound to ob-
this as tne law. it results, there
fore, that there is no exemption In North
Carolina from execution for debts con
tracted before the Constitution of 1868.
And if the opinion of Chief Justice
Waite is correct which In fact prevails now.
as North Carolina is within the circuit in
which this decision is made and ; binds
Judges Brooks and. Dick, there W no ex
emption in Bankruptcy for that class of
debts.
These are starthng results to proclaim
to a people tax-ridden and poverty strick
en ; but the sooner the troth is known the
better. The State courts of our State are
now compelled to say there ia no exemp
tion as to " old debts,'' and the Bankrupt
Courts cannot adopt an exemption differ
ent from the State Courts, says Chief Jus
tice Waite in the case herein described.
Now in my opinion there is but one
mode of relief. It is admitted by all that
Congress in passing a bankrupt law can
impair a contract and create exemptions.
even on antecedent contracts, if It does so
in a dared uniform act of legislation. The
remedy is for Congresa to paaa aa amend
ment to the present Bankrupt act giving
to each bankrupt $1,000 in real estate as
exempt from assignment, or some other
reasonable amount. This to apply to all
the States without reference to any State
exemptions. The Bankrupt act now ex
empts $500 personal property, and this
will make $1,500, or more as tne law may
be amended in all. As the law now stands,
for debts contracted sinee 1869, the bank
rupt must pay 50 per cent, on the amount
proven before be can get a discbarge from
them. A discharge from "old debts." with
out the exemption ia no relief to the peo
ple. The great relief is hi the exemption.
If the last dollar has to go the spirit of our
pie is broken and a mere diacharge will
no rood.
Another question has agitated the peo
ple to some extent. The exemption of the
homestead as to "old debts" now being
declared void, what effect will this have
upon persons who nave a discbarge in
bankruptcy, but who have been assigned
the homestead allowed -fay our Conatitn-
tion before this decision ? In my opinion
they cannot be disturbed, for the reason
that the creditors have had their "day in
Court," and having failed in making the
exception before the discbarge was obtained
will not now be neard. l ne creditor will not
be allowed to say "I did not know the law
was unconsUtutionaLn "Ignorance of the
law is no excuse.'
Especially after two years, would the
creditors be barred, because after that
time, under the bankrupt law the creditors
cannot file exceptions to the discbarge
even for fraud. In this regard, the pres
ent bankrupt law differs from the bank
rupt law of 1842, by which a discharge
obtained through fraud was void without
limitation as to tne time of inquiry.
1 understand In view ox these ooums
and uncertainties of the law. Gen. Vance
has introduced a bill to amend the bank
rupt law, giving to the party $1,000 worth
of real estate in addition to that now al
lowed: also a curative section making
valid the homesteads heretofore allowed to
persons who nave been discharged in bank
ruptcy. I present these views for what
they are worth; and shall only add that
our people need relief and that badly.
BAMNSTT CANDIDATES. '
Nxru. S. Stewart. Esq.. is the cand:.
date far the Senate from Harnett and
Cumberland, and C H. CotrtaxD, Esq.,
the nominee for the House of Representa
tives for Harnett.
These gentlemen are well known as able
representatives of Cumberland and Har
nett in tne "good old tunes," ana tney
will well represent the people of those
counties in the times new, which are
hard, but as good as they ever were.
- ' :
The Crops. The complain: is general
amons? farmers in uus section ox rust in
their wheat It seems to be more general
than ever before known, bat as It is princi
pally confined to the blade, not near so
... a l. 1 J
tnucn carnage win result irom u aw wouw
have been the case If it had attacked the
stalk. The crop will be cut short at least
a third probably more. The rust has also
got into tne oats in some locaiuaea, ana ts
doing considerable damage. Most farmers
are beginning to get a stand of cotton, but
we learn that the young plants do not look
as healthv and vigorous as could be wished.
There is an abundance of time for the
plants to revive, however, and It may yet
torn out a full crop. The outlook at this
time is Drobablv more promising for the
corn than any of the growing crops, but in
some sections tne rwgaareootng consuier
able damage to it also. The season has
been favorable tor gardens ana moss nuni.
Q i . - . . t
lies have very good ones, from which they
are beginning to derive considerable bene
fit Monros jsxprtm.
nirpua Casdidatss. The Duplin
county nominating convention was neia
at Kenansville on Saturday last Mr. J no.
A. Brvan was nominated for the Senate:
Messrs. W. O. Lamb and A. 8. Caldwell
for the House. The former Register (su.
Sprunt) and Clerk (Mr. Sutherland) were
renominated and delegates were anpoioted
to the State, Judicial ana aensianaj van
"entions. The office of Sheiiff seems to
have been the none of great contention
the contest being between the present In
cumbent, Mr, Wallace, and Mr. W. H.
Hnrat. Tne two intra rule neins. aoopteu.
balloting was kept up briskly way into
night but wunout coming to any saiiaiac
tory result. Mr. Wallaee was ahead in the
due jaccea ue reuuisue twuuro
vote. The effort to nomine tea anenir was
flnsllv abandoned, and the two rivals will
nnw arwal to the Toters direct.--OoldtA
ore JHH0I0ST, :j h. :. f:.. -.
Hi m i
HSirla.rsatf worthy old kdf to berl
the question, don't pluah end stare atyeur
foot. Just throw your arms' around W
-.W- bvvW Mm n1l f tW flYVI hnA nM.
menca talking aboil the f txrnitnxe. Xoqhi
tallows are mighty nervous eameumea.- .
Inst wml raid charxnea bef ore I: caurtt
, your fondLdsv cgadl-.J!sBr;'Ey cPr4zt
.onnrsjocjt a tr .now-, .
a ' a. . a, - j
NO. 67,
NEW YORK CORBESPONOERCE.
Correspondence of The Obsebvxr.
New York, May 24, 1878.
By some mishap the best part of my
letter of the 20th, (viz: the extract from
CoL Waddell's address,) failed to reach
you. Here it is. Speaking of Butler's
scheme to demolish Fort Fisher by ex-'
ploding a ship fuh of powder in its front,
CoL Waddell said,
- "The best incident of this huge joke
was related to me by a distinguished offi
cer of the Navy several years ago. The
night after the explosion of the powder
ship some of our pickets on the beach were
a Mured and carried on board the ad
ral's ship. Among them was a very
"r"
SOieffin
looking fellow, who sat silently
and sadly chewing tobacco. As there was
intense curiosity among the officers of the
fleet to know the result of the remarkable
experiment, one of tnem asked the solemn
looking "Reb" if he was in the fort when
the powder ship exploded ; to which he
replied in the affirmative but without ex
hibiting the least interest in the natter;
whereupon the officers gathered around
him and began to ask questions :
You say you were inside the fort ?
Yes : I was thar." .
"What was the effect of the explosion?"
Aiignty nad," sir poweriully bad."
Well, what was it? Did. it kill anv
rebels or throw down any of the works ?"
"Ne, sir ; nit didn't do that."
"Well, what did it do? Speak out
d nyour eyes."
"Why, stranger, hit waked up pretty
nigh every man in the fort"
'lne explosion wnicn followed Col. Wad.
dell's dramatic recital of this incident
would have waked up any man asleep in
Steinway Hall that night, if there had been
such.
Mrs. Vosburgh. wife of the Rev. Mr.
V. who is on trial for an attempt to poison
her, as I stated yesterday, was found on
the roof of her aunt's house in this city
and carried back to Jersey City. She is in
such a predicament that it is no wonder
she tried to escape. If called as a witness,
she would have to criminate her husband
as a murderer or her brother and other kin
as perjurers.
Two ladies, arrested as shop-lifters, are
likely to make serious trouble for the shop-
Keepers, viz : Alt man s ua, 6th Avenue,
and John Daniel, Broadway. They not
only proved excellent characters, but in
nocence of the imputed crime. Customers
will be shy of stores where they are liable
to be arrested for the merest suspicion and
carried, for a day or two, to a Station
House.
A prodigious effort is being made by the
radical papers to excite the "bloody shirt"
element at the North in regard to the Pot
ter Investigation. It is said to be revolu
tionary to aim at the displacement of Hayes
and Wheeler and inauguration of Tilden
and Hendricks. It is hard to believe tbat
any of those who make such assertions are
Ignorant of the fact tbat there is no possi
bility of such results. The clamor is in
tended to affect the elections and to break
the force of evidence to' be brought for
ward. But let the investigation be made,
fully and thoroughly.
The Legislature of New York has
passed an "act to protect the rights of
citizens of this State holding claims
against other States," by which it is in
tended to overcome the difficulty of suing
a State. It provides that any citizen or
corporation of this State may assign to the
State of New York any claim be may nave
against another State ; and thus, under
section 2 of article 3, of the Constitution
of the United States, to enable this State,
as assignee, to sue the debtor State in the
Lnited slates Court, and it is made
the duty of the Attorney-General of
the State to bring suit. The amounts
of State obligations outstanding and
unpaid liable to be sued for under thu act
are as IOUOW8: Aiaoama, $ii.us3,tu ;
Arkansas, $14,511.148 , Minnesota, $2,
275,000; North Carolina, $28,419,045;
South Carolina, $11,985,309; Tennessee,
$24,338,000; Virginia, East and West,
$51,935,294, making an aggregate of nearly
$150,000,000. The Governor has not yet
signed the bill, but petitions are going for
ward to nun requesting mm to approve it.
What will be its effect no one can tell, in
better days it would have been scouted as
a contemptible evasion of State rights ; but
it may not be so regarded now under a
demoralized judiciary. . 11.
New Yomc. May 27,11878.
There was a meeting here a few days
ago of "tne strong-minded women," at
hlcb, as may ue supposed, mere was no
quantity of talk, as well as some
resolutions. Among the latter the follow
ing: .
"Metobed, That Stewart's so called hotel
for women in its unjust restrictions as to
all usual home comforts, its liability to
ejectment for no cause, its demand for the
indorsement of two respectable gentlemen
before entrance to its doors, is a constant
insult to all womanhood, and tbat no
woman retaining a particle oi self-respect
will seek entrance to a hotel for women for
which she is obliged to obtain the indorse
ment of any man, respectable or other
wise."
Let every tub stand on its own bottom !
These women are able to take care of
themselves. But the "unjust restrictions '
have made the hotel a failure, and it is
now announced by authority tbat it is to
be at once converted into a hotel for all
sorts of permanent and transient custom,
male and female, like the Metropolitan
here and the Grand Union at Saratoga,
both of which belong to the Stewart
tate. Judge Hilton says that the Woman's
Hotel has been run at a cost of $1,000
a day, whilst it has yielded only $300
a week, from forty-five boarders. To wait
on these forty-five then there are one hun
dred and thirty-persons. The two months
operation has cost sixty thousand dollars
and yielded eighteen thousand. A reading
room and a bar are to De added iorine
benefit of the male guests. Perhaps it
was the absence of the latter that in some
measure caused the women to stay away,
Your readers may remember the astound
ing statement of tne number or women
who had been in tne inebriate asylum of
this State. A lady told me a few days
ago that while she was taking lunch in a
restaurant two elegantly dressed ladies.
evidently of the higher circles, came in and
took a table near her, calling for a bottle
of champagne with their food, and having
disposed of that calling for another bottle.
Evidently. Judge Hilton ought to have
provided a oar tor nis laoy guests.
DpeaKiog at uus, a may mention uuti x
heard yesterday ene of the most able and
i t . . l T r s . 1 . T
interesting sermonslever listened to, by Dr.
Kr lance, on the intemperance oi tne tempe
ranee people -a sermon which might well
come from one so well known as he for
abstinence from all intoxicating drinks.
His remedy for the great evil of the day.
as be justly characterized it is not legal
restriction nor intemperate uenunciauons,
but to provide innocent amusements and in
tellectual enjoyments to draw off the idle
or dissipated from the drinking saloons
and other evil places : to go to tnem, as ne
beautifully expressed it extend a hand
down to them and lift them up to that
I nigner spnere iut wwcu tueir vrestur in
i tenoea uan : ana was to iouow vuts
example of Him who came to save the
Christian Ad-
i voeotf ot mis city tne
so-called Chris
tian AdvocaW as a specimen of the in-
lem&r&hce 'of some of . the temperance
peppie, ft remark somewnat use uus iat
C'iOied tne very wuruai mat li jesus
Christ had tolerated the drinking of wine,
tt. was wett ne was put to aeatn wnust
tyZit A youps, lest If ne iiad lived to be old he
r." &t tar ?d ft sot M; This is horrible.
One square (l Inch) one day ...i ....ti oo
u " " M two days,.".... ...... ISO
- - " three s oo
" four - ......... . w
" Ave ............ 8 00
- - ' BiX M ............ I SO
Contracts for advertising for any space or tune
may be made at the office of The OMEavxB,
Observer Building, Fayetteville Street, Raleigh
HorthCarollna,
It is worse than was ever said by the worst
infidel of this or other timet.
One of the most ridiculous but fashion
able and expensive fashions of the present '
day, is the "Coaching Club," which begun
a year or two ago with one old-style stage
coach, with seats for six inside and as many .
on top. On Saturday they mustered
eleven coaches, all most expensively got
ten up, each with four superb horses, in
glittering harness, each driven by its
owner, having two footmen in livery be- .
hind. They assembled in front of the
Fifth Avenue Hotel, where thousands of
people and hundreds of carriages had
congregated, and drove up to and through
Central Park, and down again to a grand
dinner at the Brunswick Hotel Most of
the "outsides" were ladies. Of coarse
these are rich people, such as August Bel
mont, DeLancey Kane, Schermerhorn,
Bronson, a Rives of Virginia, &c I
went up to the Park, though too late for
the show, of which I knew nothing, but
met some of the empty coaches after they
had. disembarked their passengers.' The
Park is very beautiful it is nearly a year
since I had been there with its beautiful
green grass, rich foliage, and "bird and
bee and blossom." All this, with its de
licious smell of its new mown hay, carried
me back to home.
A remarkable article in yesterday's World
gives the experience of the retail mer
chants as- to shop-lifting. The reporter
interviewed a dozen or more of the leading
dry goods men, all of whom (except Stew
art) who refused to say anything) save
sad accounts of their experience. They
estimated their losses at from $2,000 to
$10,000 a year, and one as high as $30,000;
but this last, like all else connected
with the house, is doubtless an exaggera
tion. Some houses have detectives, but
most rely upon their own and the watch
fulness of their salesmen and women. Very
few detected rogues ,are prosecuted, most
of them being women and many with the
highest family connections. One merchant
said : "A few months ago a suspected in
dividual was caught and was taken to a
police station. A clerk had been secreted
In a-position commanding a complete view
of the storeand he saw her hide a piece
of silk. At the station she was searched,
and five other pieces of silk were found on
her person, all of which had been stolen
on that visit, notwithstanding the vigilance
of the clerk, who had seen her appropriate
only one piece."
The following astounding statement was
made by the head of the $30,000 house
mentioned above, and is simply incredible:
I have in my safe the confession of a
lady whose husband is widely known
throughout the United States, and whose
father has a reputation both in Europe and
America second to no man's. She was
caught stealing, and because she was dealt
leniently with she wrote Out a list of arti
cles amounting in all to over $10,000,
I which she had at various times abstracted
from our establishment, bne offered to
pay for what she had stolen, but 1 did not
desire to compromise a felony in that man
ner. All I asked of her was that she should
abandon her ways and lead a better life.
She is now out of the country, and she
has written me three letters in all of
which she expresses the obligation she
is under to me. That document shall
never see daylight unless she returns to
her evil ways, and then on her first of
fence it will be used against her. It is in
a sealed package, and if. anything should
happen to me it will be destroyed unread."
Akin to all this, I may mention that? the
Pacific Mail Steamship Company, of this
city, lately sued one of its former officers
for $750,000 which he expended in getting
through Congress a subsidy of $500,000 a
year for ten yean t Tire milt mm Hinmianoa
because the Company had given the defen
dant a general release. The expenditure
occurred several years ago, I believe. Who
got the money? - li.
North Carolina Colleg-e Commence
irn-tiL a
Correspondence of The Ob&estxe. '
Mount Pleasant, May 24, 1878.
Not the least of the attractions of the
exercises of North Carolina College was
the address of CoL P. B. Means before the
two Literary Societies.
The address was full or profound
thought, and evinced the culture of the
speaker and his aptitude in the use of
beautiful lan guage and forcible illustrations,
and was delivered in an eloquent and cap
tivating manner. It is one of the few ad
dresses that will lose none oi tne interest
and enthusiasm it awakens by frequent
repetition,and could be spoken throughout
North Carolina to advantage, inspired and
inspiring as it was, with a true love for the
State's heroes who are unhonored and un
known. He thrilled his audience in the
opening of his speech as he recounted the
actions of North Carolina's unknown he
roes, and dwelt with happy emphasis upon
the exploits of the Black Boys of Cbbarrua
and the brave deeds of the forefathers of
this county. He contrasted with telling
effect the manly and open defiance of
John Ashe and Hugh.Waddell in their re
sistance to the Stamp Act with the mid-
night raid of the Boston tea party.
The speaker paid a handsome tribute to
the "Army in Grey," but particularly and
splendidly illustrated the heroism the sur
vivors have shown in rising above advers
ity and building up the places laid waste
by defeat
The women of the south received a glo
rious tribute of praise, and the eyes of those
present were bedewed with tears that came
responsive to the speaker's tender and
touching appeal. Having neard nis evi
dently heartfelt sentiments in regard to
woman, we wonder tbat he has not bowed
at Hymen's altar. But particularly did
the speaker honor the "unknown heroes"
of every day life.
The "men of the ranks," the farmer
and the mechanic, the merchant and the
teacher, and others, who faithfully per
form their duties in the struggle of life
because it is rigU and not unfrequently
against their own interest were accounted
and declared heroes, who, though unrecog
nized by man as such, will be so rewarded
hereafter.
The address did credit and honor to the
occasion, and by it the speaker won laurels
tor himself.
There is a strong sentiment in Mount
Pleasant township, shared in by the whole
county, to make CoL P. B. Means their .
Kepresentative in the next General Assem
bly. We hear his friends claim this for
him because of his sagacious and untiring
efforts in calling the Convention, by which
our Constitution was freed from its oo
noxious features, and because : of his
zealous and unselfish labors during the past
ten years for the Democratic party in this
county. Spectator,
Vekt Stbonq Plasteb. A young phy
sician was recently called to see a lady in
W hite line, lie concluded she was bil
ious; gave her a simple remedy, and order
ed that a light mustard plaster should be
applied to her feet. Something happened
in that house a little later, and when the
doctor was told of it he was a little not'
plussed for a moment but rallying, he as
sumed an au of dignity and said : "Some
men will never learn anything. I told her
lout oi a husband to put a teeax mustara
plaster to her feet, but be has totally disre
garded my . instructions and applied a
strong one, and see the result 1" EVco
VfevJPost. ..: : - 7. , "
Tlie other evening in London, on leaving:
the opera, a shortsighted gentleman said
to a lady with a fashionable long train over
her arm, "Do allow me to carry your
mantle for you: upon which ne seizeoj
I and elevated the train, blualitjd, and apolo-
) gzed, v