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The Anderson intelligencer. (Anderson Court House, S.C.) 1860-1914, June 17, 1869, Image 2

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Thursday Morning, June 17th, 1869.
The extra mealing, of the- Prayer Meeting
Convention-will be held at Belton on the first Sat?
urday-, and Sunday in July next, and not in Au?
gust, as was stated last week. The error occurred
through inadvertence on the part of the'gentle?
man sending the notice.
-?
TBZ KTNGSTREE STAB.
We are gratified to note the re-appearance of
our WilliamsbuTg cotemporary, and congratulate
friend Logan upon his entrance once again into
the editorial fraternity. May the tide be propi?
tious in wafting him onward to prosperity and re?
munerative success.
peb80hal.
We were gratified with & visit on yesterday
from Mr. F. A. Db Fontaihb, who.is traveling in
the interest of the XIX Century, presenting the
claims of this meritorious monthly to our people.
He will call upon the merchants and businessmen
generally to-day, and we bespeak for him a gener?
ous reception and many accessions to his list of
subscribers.
COOL abb DELICIOUS.
The sparkling fountain kept by "the nice little
man in the nice little store" is one of the institu?
tions of our town. Tickets are sold exceedingly
cheap, as will be seen on reference to the scale of
prices elsewhere. We commend Mr. Hub baud
and his Soda Fountain to the public-, and at the
same time desire U thank hint?well, we have got
i few tickets left
??'
DECLINES.
. We are reliably informed that Mr. Gb^lgxW.
Hammond, who was chosen for Coroner at the re?
cent election without opposition,' has declined to
accept tho office, and notified the Governor to that
effect. Owing to circumstances which have arisen
since the election, requiring his absence from home
a good portion of the lime, he has felt constrained
to take this step. We presume that a new election
will be ordered.
THE TOWNSHIP TAX.
The Charleston News learns that the State Au?
ditor has issued a circular instructing County Au?
ditors not to furnish Selectmen with lists of prop?
erty in their respective townships. Inasmuch as
the County Commissioners are authorized and will
probably assess a tax of three mills on the dollar,
he decides that no further tax can be levied, the
said three mills ou the dollar being the utmost tax
allowed by law for all county purposes.
working the eoads.
The County Commissioners of Union have been
instructed that the Selectmen of the County are
not authorized the present year to take charge of
the roads. The Board gives notice that the pres?
ent road organization will be continued until fur?
ther notice, and directs overseers to call out the
hands, work the roads, repair the bridges, and re?
turn all defaulters who refuse or neglect to per?
form their duty. Are the roads in Anderson te be
worked under this or any other system ?
THE NATIONAL TYPOGRAPHICAL UNION.
This body recently in session at Albany, by a
vote of 56 to 28, laid on the table a resolution for
abolishing all distinctions of race or color in the
craft. This means, says the New York Herald,
the distinction of c:lor is to be enforced as an ob?
jection to the black man, and as it is with the
printers so it will bo with all the other Trades
Unions?they will all be arrayed against negro
equality in their workshops, and the Administra?
tion will hear from them before long at the polls.
FURNITURE.
Persons in wast of any article of good, sub?
stantial and elegant Furniture will find that Mr.
G. F. Tolly can accommodate them on the most
reasonable terms. Eis arrangements are such that
the costliest suites and most complete setts can be
procured in a short time, at a small advance on
New York cost. He has on hand quite a variety
of desirable articles, which will be sold low for
cash. We cordially recommend Mr. Tollt to the
favor of our citizens, and respectfully urge them to
give him a call.
CHANGS OF SCHEDULE.
It will be observed that the accommodation train
on the Blue Ridge Railroad will hereafter leave
Walhalla on Monday at 11 o'clock a. m., one hour
after arrival, in time to connect with the Green?
ville train ; and that on Friday it will leave at
1.30 p. ca., thus affording passengers from this
rnd of the Road an opportunity of spending seve
l-*' honrs at Walhalla or any other point they de?
sire. On Mondays, therefore, our neighbors from
above can spend the day with us, and wo can re?
turn the compliment on Fridays.
ENROLLMENT OF THE MILITIA. ?
In accordance with orders received from Got.
Scott, the Adjutant General of the State has in?
structed the census takers to enroll all citizens be?
tween the ages of eighteen end forty-five years.
There are two classes of the militia, one embrac
thos9 between eightoon and thirty years, and the
ather those between thirty and forty-fire years?
There is to bo no exception whatever in the enroll
meat, and all who desire exemption are required
to apply to the Adjutant General's office, Colum?
bia.
HON. a. H. STEPHENS.
In an able letter published in the National Intel?
ligencer, Mr. Alexander II. Stephens, of Georgia^
says: 4'We are drifting to consolidation and em?
pire, and will land there at no distant period as
cortainly as the sun will set this day, unless the
people of the several States awake lo a proper ap?
preciation of the danger, and save themselves from
tho impending catastrophe by arresting tho pres?
ent tendency of public affairs. This hey can
properly do only at the ballot box. All friends tf |
constitutional liberty in ercry section and State
must unite in this grand effort."
DEATH OF WM. E. HUNTT.
The Columbia Phoenix announces the death of
Wm. R. Huntt, Esq., in that city on Friday last.
Mr. Huntt was for many years employed as clerk
in the office of the Secretary of Stale, and by his
admirable business qualities so recommended him?
self to the Legislature of Soutii Carolina that he
was elected first to the office of Surveyor-Goneral,
and afterwards to that of Secretary of Slate.
Daring-the period of fifteen years in which he was
engaged in the Stats Department, he also filled (he
post of Deputy Comptrol/or-General. Mr. Huntt
had acquired in his term of service a large and
varied experience. He died a victim to consump?
tion, at the nge of thirty five. The Stute has sus?
tained in bis denth the loss >f a good and valuable
THE CINCINNATI SOUTHERN RAILROAD,
We published last week the result of the delib?
erations in, the City Council of Cincinnati, in fix?
ing the Southern terminus of their projected trunk
line at Chattanooga. It seems that the motive
actuating the authorities of Cincinnati is far more
favorable than at first supposed from the- telegram
indicating their action, and that they determined
to occupy a common line which would not ignore,
but permit and encourage, connection with Knox
v-illeand other points, and '-that the value of such
connection would speedily attract public and pri?
vate capital to complete them." Hence, we feel
confident that the Blue Ridge Railroad connection
is still anxiously hoped for by the people of Ohio,
and certainly of Kentucky, and it only remains to
complete the road to Rnoxville, when other influ?
ences will urge its progress to the main Sputhern
trunk line, about twenty miles beyond. We ap?
pend the report in full of the Railroad Commute,
which was unanimously adopted:
To the Honorable City Council of Cincinnati :
Your oommittee, to whom was referred the Fer?
guson railway law, respectfully report that tho
importance of the proposed railway, the great in?
terests aSected thereby, the largo sum authorized
to be expended in prosecuting the enterprise, have
received a careful investigation. We are of opin?
ion that the immediate construction of a line of
railroad from Cincinnati to a central point in the
South is highly essential to the interests of the
city, and that said railway should be constructed
so as to make it as nearly as possible an air line,
and terminate at a point where- the greatest num?
ber of trunk lines of railways concentrate; that
said railway should be built as speedily as consis?
tent with the magnitude of the enterprise.
We recommend that the name of said railway be
. the Cincinnati Southern railway, that the southern
' terminus be at the city of Chattanooga, in the
State of Tennessee. We have selected Chattanooga
as the Southern terminus, believing the line of
railway as nearly direct to that city. If possible
i it will fully realize the expectations and demands
' of the enterprise and harmonize the largest num?
ber of local and general interests.
The claims of Knoxville and of Nashville, and
of the Decatur routes, are in no manner to be ig?
nored. On the contrary, railway connection with
those cities should receive prompt encouragement
from our citizens. In naming the terminus and
thus indicating the direction of the Southern rail?
way, it is with the belief that the grand interme?
diate line to Chattanooga will not only strike the
key to the largest system of railways m the South,
but will also secure the connecting roads to Knox?
ville and Nashville, Tenn., and Decatur, Ala., and
that the value of such connections will attract pub?
lic and private capital to speedily complete them.
In these opinions the committee from the Board
of Trade and Chamber of Commerce unanimously
concur, and we extend our sincere acknowledg?
ments for their assistance in obtaining informa?
tion that has led us to the foregoing conclusions.
Saturday, June 25, is the day recommended to
submit to the people the vote for or against the
road. It will have no opposition worth mention?
ing.* Trustees to build the road will then be ap?
pointed. The Attorney General of the State wil1
at once bring the constitutionality of the Fergu?
son law before tho Supreme Court on a writ of quo
warranto.
The XIX Century Publishing Company at
Charleston have brought out a gem in the way of
magazine literature. Sketches of the War and
Running the Blockade are decidedly entertaining,
while the Old Lawyer's Story is truly affecting
and pathetic in its narrative. Read the June
number, and you will certainly subscribe. Only
?3.50 per year. Address, F. 0. Da Fontaine,
Business Manager, or call upon 0. W. Fant, at
the Post Office.
HOMICIDE IN MISSISSIPPI.
A difficulty occurred at Jackson, Miss., on the
8th inst., belwsen Col. E. M. Yeugeh, a promi?
nent citizen of that place, and Col. Josepb 0.
, Cbakz, the acting Mayor of Jackson, ard com
[mandant of the Fourth Military District. The
affair originated in a dispute about taxes, and re
I suited in the death of Col. Crane. The military
- authorities promptly arrested Yesgeb, and placed
him in confinement. A military commission was
organized and the trial commenced in two days.
Eminent counsel are engaged for the defence, and
the accused pleaded not guilty to the charges and
specifications. The defence entered a plea to the
jurisdiction of the commission on the ground of
the accused being a citizen, subject to the laws of
Mississippi, and under the Constitution cannot be
tried except by indictment of a grand jury. This
plea was overruled, and the charges and specifica?
tions were read on Satnrday last. The examina?
tion of witnesses began on Monday, exciting great
interest, which is the latest news we have of the
trial.
The City Council passed resolutions condemning,
on behalf of the community, tho murder of Col.
Chane. The body of the deceased was forwarded
to his home in the North. The Radical organ in
Jackson freely admits that the difficulty was en?
tirely of a personal character, and there is no dis?
position to lend the affiair a political aspect. We
trust that the newspapers and correspondents will
not belie the record in this instance as in many
others, and seek to nscribe undue importance to
this unfortunate occurrence.
POLITICAL ITEMS.
The following is a list of the State elections to
occur during the summer and fall of 1869, and
will be found valuable for reference : In Virginia.,
State officers and Congressmen are to be elected
on the 6th of July; Kentucky elects members of
the Legislature and Alabama members of Congress
on the 2nd of August; in Tennessee, the State
officers and Legislature are chosen on the 5th of
August; Vermont election on the 7th and Maine
on the 18th of September; Pennsylvania, Ohio and
Iowa on the 12th of October; Now York, New Jer?
sey, Massachusetts, Minnesota and Wisconsin, No?
vember 2.
The President has not yet fixed the time for elec?
tions in Mississippi and Texas, under the authority
confercd upon him by tho Reconslructiou law.
He has indicated, however, that the elections will
be ordered for the latter part of August or begin?
ning of September next.
Hon. C. C. Shuckelfnrd, of Madison, is sugges?
ted as candidate for Governor of Mississippi.
E. J. Davis has been nominated for Governor of
Texas by the Republicans. The Democrats will
not run a candidate, but will probably support A.
J. Hamilton, who is a Republican and an indepen?
dent candidate.
The first nomination for Congress in Alabama is
that made by the Democratic Convention of the
Sixth District, which selected \Vm. C. Shevrnrd for
its candidate. The Montgomery Advertiser says
he will be elected, as the Democrats have a large
majority in the District.
In Maine, there is a probability of three tickets
in the field for Governor, as the Radicals are di?
vided on the temperance question. It is also fear?
ed by the Radicals in Minnesota that the irrcprea
sibly Ignatius Donnelly will run ns Temperance
candidate for Governor iu opposition to (he regular
Radical nominee.
According to the Philadelphia J'rcss the "Irish
Republican" (whatever that is) Convention to be
held at Chicago on the -Ith of July may possibly
nominate General Phil. Sheridan for the Presiden?
cy.
Governor William Smith, (extra William,) of
Virginia, one of the most distinguished and influ?
ential of the old school Democrat' , has pronounc?
ed iu favor of Walker, the Conservative Republi?
can candidate for Governor, the and expurgated
constitution.
?t?~ "Graphic, raoy, entertaining and instruc?
tive," is the popular verdict on the XIX Century,
a monthly magazine, published at Charleston.
For sale it lb? Post Ofiice
For the Andereon Intelligencer.
Mr. Editor: In your issue of the 22nd, I no?
tice a communication upon the subject of Rust
in Wheat, by Mr. Larkin Newton. Mr. Newton
thinks he has discovered the manner in which
Rust is developed, but he does not say what Rust
is?whether it can be arrested or how. This last
is, of course, the important point, for at present
Rust is the great drawback to the successful cul?
ture of wheat in this section of coun-.ry. And
here let me say, that no experienced farmer need
have better soil than this section of country affords,
for it is suited to growing any and all crops suited
to man, and, in my experience, I have :aever met
a soil which yields so quickly to the application of
solid manure.
Bust is what Botanists call lichen. It is a para?
site, and belongs to that beautiful sub-division of
the vegetable kingdom called by Linnoeus?Cryp
togamia. Like all other vegetables, it belongs to
certain latitudes, and wherever it finds a solid
footing, there it will stay and multiply. Examine
it under the lens, and you will find it to be an ob?
long polypod, deeply imbedded in the lamina of
the leaf, and its roots bearing a different arrange?
ment on the under surface. This polypod, in dark
or moist weather, increases in size, and in sun?
shine the sao bursts longitudinally, the spores are
dispersed by the shock of tho bursting of the sao,
and the consequent is that where you had origi?
nally one spot of rust, you now have thousands of
active, living plants or spots. And this takes
place in a few hours. Now, you must bear in
mind that this parasite is indigenous to this cli?
mate, and that like all parasites, it selects what is
weak and unhealthy in greater vegetation to live
on. What, then, is the condition of our wheat
that encourages the growth of this parasite ? Our
wheat is thin-blooded, and every Doctor will un?
derstand what I mean by that, and why it produ?
ces just such oonsequences. And this condition
of eur wheat is produced by a poverty-stricken
mode of tillage I watched closely tho agricultu?
ral operations of last Fall, and when I see a sur?
face tillage of three or four inches expected to
mature a wheat crop, I am only the more aston?
ished that the yield is what it is per acre.
The wheat crop has to contend throughout the
Winter and Spring with very heavy rains, and
that in a country which is hilly and undulating.
The consequence is, that when the crop starts to
grow vigorously in the Spring, the most precious
part of its earth-covering is carried down into the
valleys, and the wheat at its most vital part is ex
posed to the hot sunshine. It loses half its roots,
and it cannot possibly stool until it makes a now
supply of roots.
Again. Should hot sunshine continue some
days- after hard rain, owing to this shallow plough?
ing the wheat sits on a hard, hot subsoil, its
spongiolets immersed in water, to the destruction
or injury of its roots, for every man knows that
too much heat or too much moisture at the base of
a plant ruins its constitution.
To prevent rust, then, you must prevent this
parasite from inhabiting the wheat-fields. To pre?
vent that you must make your wheat a vigorous
and healthy plant; and this, the great desidera?
tum, can only be secured by two means:
1. In tho first place, incorporate a sufficient
surface, say from eight to twelve inches deep; and
if tho ground is cold, ridge so as to warm, usiug
nothing but solid manure in growing crops, and
recollecting the sound advice of the old couplet?
"If you wish a good tree to have,
You must bury the old leaves in the grave."
2". Chnnge the seod every year until a sound
system of tillage has been established,
i n There is another disease attendant upon wheat
in this section called fireing. This is supposed to
be produced by a too heavy application of guano,
'. or any other of the artificial manures. If twenty
I years close study be any test of these phosphates?
guano, bone-dust, vitriol, &c, &a, as to their
powers of vegetation, as well as their fertilizing
| qualities, I think I may say I know a little about
them. I have grown successfully every kind of
annual seed, as well as every kind of grain and
farm seed, in boxes filled with these manures
alone, and in all cases I bloomed the annuals and
matured the other seeds precisely as if my boxes
were filled with soil. But for a stiff clay soil the
most effective remedy is an application of vitriol,
diluted in half water, and applied with the
syringe. The application of these other manures
to the soil reminds me of an hungry man who
takes a draught of whisky?it allays the hunger,
but the system is the more deteriorated. Nor can I
believe the fireing of wheat is the consequence or
proceeds in any way from the use of these, but
simply think that it is the rust in its first stages,
and that it can enly be dealt with as I have indi?
cated rust must be treated.
I know I may be told that we had better adhere
to the theory and practice of our fathers; but I
think the immense area of old field is a testimony
to the great wrong that our fathers' have done us.
Previous to the war, from which period I suppose
we may soon dale a new era, there were but two
classes of men interested in farming?the planter
and the overseer. The first ambitious for money,
and the latter ambitious for fame. The planter
knew nothing of farming, and, as a matter of
course, thought everything went well as long as
ho received a large income from his plantation.
The overseer, keeping in view hie character as
former in the eyes of his employer, left nothing
untried. The consequence was, he ran over tho
estate, sought out the best land and worked there?
on until it refused to produce any longer, and so
on until the end?a plantation ol old fields. And
yet this very land teems with abundonoo, and on?
ly requires careful, scientific, kindly treatment to
bloom like a garden.
I am, &c, M. II.
Pendlcton, S. C.
? General Kirby Smith is managing a Military
Academy Rt Newcastle, Kentucky.
? Efforts are being made to establish a cotton
factory in Darlington in this State.
_Dr. J. A. Stewart, a citizen of Florida, died
at Laurens C. If. on Thursday last.
? Peach trees in Kentucky are breaking witJi
the weight of the young fruit.
? Col. John Cunningham, formerly of Charles?
ton, has opened a law office at Laurens Court House.
? Judge Jeremiah S. Black's arm, which was
broken in the cars near Louisville a tew days ago,
will have to be amputated.
_A grain reapor has been recently introduced
iuto Laurens county by Mr. Allen Dial, and attrac
od much atlcntion.
? Imitation calicoes, composed of paper, which
arc said to wear well, are made and sold in Eng?
land.
_A movement lias been set on foot for n reduc?
tion of postage on letters to one cent eaoh. Such
a reduction, at uo dislaut duy, is thought quite
probable.
? A large number of journeymen bricklayers of
Cincinnati have refused to work, in consequence
of an attempt of the bosses to reduce their pay
from five to four dollars per day.
? The Meridian (Miss.) Mercury says that the
military have arrested ten citizens of Kemper
county, in that State, and hold them in close con?
finement at Lauderdale, upon charges not stated.
? A train on which President Grant was going
Northward was thrown from the track by striking
a cow at Annapolis Junction. Two cars were
smashed and several persons injured. The Presi?
dent ial party were unharmed
THE HOMESTEAD LAW.
Tho Greenvillo Mountaineer contains the follow?
ing important decision 6T Judge Gkr, in relation
to the applicability of prior liens and judgments
to tho Homestead. The case came up before him
at Chambers on an appeal taken before him, by
consent, and he has decided that the Homestead
clause of the Constitution of this State, and tho
act of the Legislature carrying out its provisions,
are not in conflict with the Constitution of the
United States. It is likewise decided by him that
the $1,000 exempt under this law includes the
value of the dwelling-house and out-buildings,
and the appraisement having excluded the dwel?
ling in this caso and assigned $1,000 in land, a
ro-appraiBement was ordered to be made. We
furnish the full text of this decision:
IN THE COURT COMMON PLEAS?GREEN?
VILLE COUNTY.
A. D. Iloke and T. Q. Donaldson, Administrators
of David Hoke, vs. T. Edwin Ware?Ist Fi. Fa.,
52,555.90; Interest computed annually from 10th
June, 1859. 2d Fi. Fa.. ?1000 ; Interest compu?
ted annually from 24<A September, 1859.
The second execution above was levied upon
certain lots and real estate, the property of the
Defendant, by the Sheriff of Greenville County, in?
cluding a tract or lot of land in tho "Town of
Greenville, containing thirty acros, more or less,
adjoining W. A. To wneB and others." Upon this
tract of land the dwelling and outhouses of the
Defendant were situated.
He claimed that his homestead should bo set off
to him and personal property of the value of rive
hundrod dollars, in conformity to the provisions of
an Act of the General Assembly, entitled "An Act
to determine and perpetuate tho Homestead,"
passed 9th day of September, 1808. Three ap?
praisers were appointed?one by the Plaintiffs,
one by the Defendant, and the third by the Sher?
iff, Vickers. v These appraisers set off by metes
and bounds a homestead of the estate of the debt?
or, with a description and plat of the same, also
personal property of the value of five hundred
dollars, and made separate returns of the same,
certifying the exeoution of their duties conforma?
bly to law, to the Sheriff, for record in Court
The Plaintiffs in Execution have filed various
grounds of objection to these returns of the ap?
praisers, and ask of this Court a re-assignment
and re-appraisement of the real and personal prop?
erty of the debtor.
The objections of the Plaintiffs, when analyzed,
may be reduced to three: First, that the Home?
stead Law is unconstitutional as to liens existing
at the date of its passage. Second, -that in the
valuation and assignment of the personal proper?
ty, injustice is done to Plaintiffs, because the esti?
mated value of the personal property is greatly
below its market value. Third, that tho real es?
tate assigned and set off greatly exceeds in value
the sum of one thousand dollars, and that in ma?
king such estimate, the appraisers did not take
into the estimate the value of the dwelling-house
and the out-buildings connected therewith and in?
cident thereto.
The first objection is overruled. The State of
South Carolina had no constitutional existence
from the close of the war in April, 1865, until
July, 1868, when representation under, and in
conformity to the Reconstruction Acts of Congress,
was admitted. It is practically a matter of little
consequence whether the State was legally in or
out of the Union by the act of secession. Tho
State certainly had no constitutional rights recog?
nized until July, 1808, when she was readmitted
in consummation of the Reconstruction Ac's.
; From 18(55 to 1868 the State was not represented
in the Senate or House. If a State, the right of
j representation could not have been denied, and
yet the Courts of the United States have decided
that the Reconstruction Acts of Congress were
constitutional. Again, if within the dates above,
South Carolina had been a Constitutional State, the
Civil would have been superior to tho Military
law of the United States?the rebellion having
ended, and the supremacy of the authority of the
United States having been established after April,
1865?and yet, it is a notorious and conceded
fact, that no civil government existed in the State
after the passage of the Reconstruction Acts of
March, 1867, that was not subordinate to the Mil?
itary authority of the United States. The Milita?
ry Commandant of this District, under these Acts,
' was authorized to abrogate all civil government in
this and other States, and it is well known that
this authority was exercised in 1867 in Georgia,
and a few months later in Mississippi.
The Convention that was called in this State to
frame a new Constitution was called, not by the
civil authority of the State, but by tho Military
Commandment of the United States. A large ma
jority of the persons who were declared entitled
to vote for delegates to this Convention had never
been recognized as citizens by the laws or Consti?
tution of South Carolina as they existed prior to,
or during the war, but were made citizens by Act
of Congress and enforced by military orders in
the election of delegates to the ConstitutionalCon
vention. They assembled in Convention and adop?
ted a Constitution which, according to the provis?
ions of the Reconstruction Acts of Congress, was
a mere nullity, unless Congress accepted the same
after its ratification by the people of the State,
including the new citizens. The people of the
State ratified the Constitution by a majority very
decisive, and Congress accepted it as presented,
and thereupon admitted the State to representa?
tion in both Houses of Congress. If the Home?
stead provision had bceu objectionable to Con?
gress applying to existing liens at the date of the
adoption of the Constitution, it. would doubtless
have been excepted to in the Act admitting the
State to representation, as was done by Congress
with reference to certain features in the Constitu?
tion of Georgia.
The view now presented, that tho Homestead
Act, as to liens existing at the date of the adop?
tion of the Constitution, violates that clauso of the
Constitution of the United States which prohibits
any State from passing "any law impairing the
obligation of contracts," would seem to be fully
mot and answered by the foregoing statement of
the history of tho enactment.
But the objection may be answered very satis?
factorily by this viow of the question: Suppose
the Constitutional Convention in Charleston, in
January, 1868, bad refused to recognize any lien
whatever, (whether mortgage or judgment,) given
or created, or any property by or under the pro?
visional, rebel or ante-war governments that had
existed in South Carolina, and directed all officers
created by their Constitution t? refuse to enforce
such liens, could its power have been questioned,
and if so, how and beforo what tribunal could the
liens have been enforced ? Now, if they could
have ignored all liens by declining to provide for
their enforcement, what prevented the Convention
from recognizing the liens with such conditions as
their judgment esteemed wise and prudent ? to wit:
If n mortgage or judgment obtained under a for?
mer government was recoguized by a voting popu?
lation totally different from the population that
was represented in the former government, that
the lien should be enforced subject to the claim of
the defendant in execution or mortgage to a home?
stead of the value of one thousand dollars. These
views might be elaborated and sustained by the
decisions in Now York, Michigan, North Carolina,
Georgia and other States, but is not considered
necessary to pursue Ihr: matter further in this case.
The Homestead Act of this State carrying into
effect the provision of the Constitution of this
Slate, Article II, Section 32, providing a home
si oad for the head of each famliy iu this State, and
the Constitutional provision itself, is not a viola?
tion of the provision of tho Constitution of the
United States, which prohibits any State from
passing any law impairing the obligation of con?
tracts, and that the same is constitutional.
2d. The objection to the valuation of tho per?
sonal property by the appraisers is overruled.
No evidence lias beon presented that the personal
property of the debtor, Ware, has been estimated
below its value, or that any error or fraud lias
been committed by the appraisers. As to the per?
sonal property claimed l>y a third party, it is
sufficient, to say, that it has not been assigned to
the debtor; and it the plaintiffs deny the right of
property in such third party, they can levy their
execution upon the same, and test the right of
property and the bona fides of the claimant.
This Court, therefore, declines to order a re?
valuation and re-assignment of the personal estate
made by the appraisers to the debtor, amounting
to five hundred dollars and set forth in their re?
turn.
3d. The objection laken to the valuation of the
homestead of the debtor is sustained. The affida?
vits submitted l>y the Plaintiffs aud Defendants arc
conflicting as to the market, value of the home?
stead, outbuildings and lands appurtenant/ One
of the affiants fixing the value at $760, and
another at $5,000. Other affiants estimate vari?
ous intermediate sums. The weight of testimony
shows that the dwelling, outhouses and lands, are
worth more than one thousand dollars.
The 32d Section of the II Article of the Consti?
tution of this State, describes with remarkable
precision what is intended to be embraced as the
homestead for each head of n family. It says:
"Such homestead, consisting of dwelling house,
outbuildings and lands appurtenant, not to exceed
the value of one thousand dollars," &c, shall be ex?
empt, from attachment, lovy or sale," &c.
The 1st Section of the Act, passed 9th Septem?
ber, 18G8, entitled "An Aot to determine and per?
petuate the Homestead," is not loss explicit.
Where the real estate is levied on, being the home?
stead of the debtor, the officer executing the pro?
cess, "shall cause a homestead, such as such
person may select, not to exceed the value of one
thousand dollars, to be Bet off," &c.; and in the
same Section, in giving directions to the appraisers,
they shall "set off by metes and beunds a home?
stead of the estate of the debtor, &c, not to exceed
the value of one thousand dollars," ice.
It is insisted in this case, that, in making the ap?
praisement, no estimate should be made of the
value of the dwelling house and outbuildings, and
that the homestead means the lands appurtenant to
the buildings alone. If this interpretation should
bo adopted, land without a dwelling could be as?
signed. And jet, it is not susceptible of a doubt
that the Constitution and law was intend to secure
to the family a home and shelter against all con?
tingencies.
It is said again, that, if the dwelling and oat
buildings are not excluded from the estimate, that
an unfortunate debtor whose dwelling and out?
buildings exceeded one thousand dollars in value,
would be excluded from all benefit from the Act.
It is conceded that the legislation on this point is
defective, and that some provision should be mode
where the debtor's dwelling is worth more than
one thousand uollars, to retain for him in trust
that sum when sold, to purchase a homestead; but
this argument cannot be allowed to overthrow and
defeat the plain provision of the Constitution and
Act already quoted.
It may be that appraisers wonld be authorized,
on examining a dwelling or outbuildings, and con?
cluding the same was worth more than one thous?
and dollars, that they would be authorized to ap?
praise only and assign only a part of the dwelling
and outbuildings, or even certain rooms, as a
homestead.
In this case, one of the appraisers, in his affida?
vit states that, in making his estimate of the
homestead of the debtor, he did not include the
dwelling and outbuildings, and that, the thousand
dollars' worth of real estate assigned to the debtor
"consisted of lands appurtenant to the homestead."
This statement of one of the appraisers as to
the basis of the estimate in making the appraise?
ment, and the affidavits submitted as to the value
of the real estate assigned, being in excess of the
amount allowed by law, requires me to order, and
it is hereby ordered, that a re-appraisement and
re-assignment of the home-stead of the debtor, T.
Edwin Ware, bo made by E. S. IrVine, 8. Swan
dale and Hamlin Beat tie, Esqs., and that they
make return of their actings and doings in the
premises, within forty days, to the Sheriff of
Greenville County. James L. Orr.
Anderson, S. C, June Zd, 1809.
The i great Southern monthly magazine,
'?The XIX Century," is making a sensation.
Terms, $3.50 per annum. Single copies, 35 cents.
Apply to G. W. Faxt, at the Tost Office.
-?,
? A decision of the Supreme Court of Tennes?
see will, it is estimated, enfranchise thirty thou?
sand persons heretofore debarred from the rights
of citizenship.
? The New York correspondent of the Mobile
Register asserts positively that A. T. Stewart has
been received by Archbishop McCloskey into (be
Catholic Church.
? Several of the Southern newspapers are writ?
ing as if they favored the conversion of the Republic
into an Empire. Are they willing to crown Graut,
rnd havo titles of nobility confered upon his Cabi?
net and upon negroes ?
? The Confederate dead are being removed from
the Chickamauga battle field, reinterred in tho Con?
federate cemetery at Marietta, Ga. The Journal
says that about two hundred bodies arrived there
during the past week.
? During the atrocious Metropolitan Police
demonstration in Jefferson City, La., a young man
was shot down as he was taking leave of his be?
trothed at the door. The lady fell back fainting
and never spoke again, dying of a hemorrhage tho
next day.
? A letter from Sandersrille, Washington Coun?
ty, Ga., states that Colonel R. W. Flournoy, Demo?
cratic Representative of the Georgia Legislature,
was murdered in his own field on the 8th inst., by
a negro man in his employ, who has been com?
mitted to jail.
pcimtl
MARRIED, on the 3rd of June, at Mount Ina,
the residence of the bride's father, by Rev. A. H.
Cornish, Mr. Rod't. Younq, of theKeouee Courier,
and Miss Anna W., eldest daughter of Col. H. W.
Kuhtmann, both of Oconee county.
On the 10th of June, 1869, at the residence of
the bride's father, Mr. Stokes Stribling, near Rich
land Church, by Rev. D. Humphreys, Mr. Warren
R. Shelok and Miss Rebecca Stuibling.
By the same, on June 13, 1869, Mr. Robert
McGill and Mrs. Mart White, both of Anderson
county.
JAMES J. BARENESS, Esq., of Anderson,
S. C, died of chronic inflammation of the stomach
and liver, at 12 o'clock on the 24th of April, 1869,
in the fiftieth year of bis age.
For more than twelve .months the heavy hand
of disease spread through the entire system, pros?
trating him so that for many months previous to
his death he was unable to attend or watch over
his private interests. He went down step by step
to the grave, giving him ample timo to "set his
house in order," and prepare for his passage
through the "dark valley and shadow of death."
He often spoke of his short-comings as a Chris?
tian and Deacon of Varennes Church; yet he bore
his afflictions without complaint, and calmly and
unhesitatingly reposed his trust alone in Jesus for
salvation. He leaves five children by his first
marriago "without father or mother," and a wife
and one child, whose sad office now is to mourn
over their sore bereavement and irreparable loss.
Truly, "God's ways and thoughts are not as ours,"
or ho would not have smitten the head of the fam?
ily, and left these little ones without a father's
lore; but blessed thought, He doeth all things
well, and has promised "that everything shall
work together for good" to them that love Him.
May this precious promise?"I will be a husband
to the widow and a father to the fatherless,"?be
abundantly fulfilled in the case of this afflicted
family.
"Judgo not the Lord by feeble sense,
But trust Him for His grace;
Behind a frowning Providence,
He hides a smiling face."
W. F. P.
corkeuted weekly by sharps ft fant.
Anderson, June 16, 1809.
Cotton firm at 2GJ to 28 ; Corn, S1.25 to
$1.85; Peas, SI.10 to SI.20; New Bacon, 20 to 25;
Flour, $9.50 to $12.00 ; Oats, 80 to 90.
by tuesday evening's mail.
Charleston, June 14, I860.
Cotton quiet but steady, with sales of 100bales;
middlings 30.
Acoi'sta, June 14, I860.
Cotton fitmer with sales of 500 bales; middlings
strong at 30.
New York. June 14, 1869. 1
Cotton firmer, with sales of 8,700 bales, at 32}.
Gold weak, at 39$.
? We learn from one of our exchanges that a
carpet-bag school teacher in Talladega, sentenced
a negro girl, one of his pupils, to do ten days'
cooking at his private residence for a violation of
the rules of his school. His pupils are rather re
fractory, and he manages to get all of his house
work done bj them.
Prices of Soda Water Tickets at
A. P. Hubbard's.
Twelve for - - $1 00
Twenty-five - ... 2 00
Fifty - - 3 75
Ode Hundred - 7 00
No deviation from the above prices.
June 17, 1869 51 ? 1
New Advertisements.
FINE TWO-HORSE CARRIAGE
AND
Double Harness For Sale.,
APPLY AT THIS OFFICE.
June 17, 1869 51 lm
Administrator's Notice.
ALL persons having demands against the Es.
t?te of Sarah Burriss, deceased, are notified to
present them to the undersigned, legally attested,
within the time prescribed by law, or be barred?
J. N. BURRISS, Adm'r.
June 17, 1869 61 ?
SLUE RIDGE RAILROAD.
A MEETING of the Stockholders of the JBloe
Ridge Railroad will be held in the city of Charles?
ton, at the Mayor's Office, on Tuesday, 22d inst.,
on important business.
By order of the Board.
W. H. D. GAILLARD, Sec. and Treas.
June.17, 1869 61 . 1
Administrator's Final Notice.
THE undersigned hereby gives notice to all con?
cerned that having fully administered the Estate
of Maj. Wm. Anderson, deceased, they will, on
the 19th day of July next, apply to the Judge of
Probate for Anderson county for a final discharge
from their administration.
RACHEL L. BREAZEALE, Adm'r,'
B. B. BREAZEALE.
June 17, 1869 51 : 5
THE STATE OF SOUTH CAROEINA,
ANDERSON COUNTY.
IN THE PROBATE COURT.?The undersigned
hereby gives notice to all whom it may concern,
that he will apply to W. W. Humphreys, Esq.,
Probate Judge for the county and State aforesaid,
on Monday, the 19th of July next, for his final
discharge as Administrator of R. R. Owings, late
of said county deceased.
WM. M. DORROH, Adm'r.
June 17, 1869 61 lm*
IDWIN J. SCOTT. GEO. W. WILLIAMS t CO.
HEXHT E. SCOTT.
SCOTT, WILLIAMS & CO.,
Bankers and Brokers,
Columbia, s: a,
DEAL in Exchange. Coin, Bank Bills, Slocks,
Bonds, &c; collect at all accessible points in the
U.Titcd States; discount Notes and Drafts and re?
ceive Deposits, guaranteeing their return on de?
mand.
June 17,1869 51 3m
LAND SELLERS !
PARTIES wishing to sell their lands through
us, will please hand in a description and plat of
the same before the 15th of July next, in order to
advertise in the second number of our Real Estate
i Record, which will be published in August. The
Real Estate Record will be sent to any parties de?
siring it.
KEESE & McCULLY,
Real Estate Agents,
Office No. 11 Granite Row, (up stairs.)
June 17, 1869 61 4
FURNITURE WAREROONL
?o-?
Gr. F. TOLLY
BEGS to inform his friends and the pnblic gene?
rally that he is constantly receiving additions to
his stock of Furniture, and will supply their
wants at
Reduced Prices.
He can fill orders for any article of Furniture,
such as Chairs, Bedsteads, &c, Parlor and Cham?
ber suites of every variety and style, and is pre?
pared to compete in prices, styles and qualily
with any other interior establishment. Thankful
for past patronage, he solicits a call at his rooms
on Mechanic's Row, Depot street
G. F..TOLLY.
June 17, 1869 61 3m
STATE OF SOUTH CAROLINA.
In Equity?Anderson.
Henrietta Irby et al. vs. Jno. W. Harrington et al.
Bill for Partition.
PURSUANT to an order of the Court in this case,
will be sold on the FOURTEENTH DAY of JULY,
1869, at public outcry at Williamston, in Ander
son county, the .
LOT OF JL,JLTST>
Lying in the town of Williamston, bounded on the
east by the WilliamB road and land of- Wil?
liams, on the south and west by lands of B. F.
Crymes, and on the north by lands of F. Horbat,
containing
40 6-10 ACRES,
More or less.
Tho Greenville and Columbia Railroad runs
through the south-cast corner of said lot of land.
Terms Cash.
ROBERT E. RICHARDSON,
Clerk of Court Laurens County.
June 17, 1809 61 4
AT COST FOR CASH !
-o
TOWERS & BURRISS
ARE SELLING
A.T COST
FOR CASH,
THEIR STOCK OF SPRING & SUMMER
Calico,
Muslins,
Dress Groods,
Ladies Hats, &c.
CALL soon, as this handsome lot of Goods will
not be on hand long. Remember, we sell them
at cost for cash ONLY. No. 4 Granite Row, An*
dcrson C. K.. S. C.
I June 17, 180'.} 51 '1

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