The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1868-07-08

benefit Of agriculture and the mechanic arts" This
Act donated so 600 acres for each Senator and Rep
resentatjve in Congress, and its benefits could be
claimed by the States respectively at sny time within
two yeas from the date of its approval On the 23d
of July, 1866, Congress passed second Act, TO
amend the 9th Section of the first Act so as to e1.
tend the time within which application could be
made three years longer Hence, unless further e1-
tended the benefits under these two Acts will be
barred in July, 1868.
The General Assembly o. South Carolina passed
an act, which was approved December IA, 1866, &C
ceping the donation under the said Act of Congress-
and asserting 10 the provisions and conditions on
which the said grant Of land was made binding her
self likewise to the faithful performance OF all the
stpulaions therein contained.
The General Assembly, at the same session, BY an
Act approved 10th December 1856, provided that the
fund arising from the sale Of the land scp-1s0 0CO
acres, assuming that the State was emitted TO four
Representatives and two senators-shoud be invest.
ed in the name of the Trustees Of the University
OF South Carolina, and be devoted to the "endoT.
.ment, support and maintenance of college OF
school. in the University Of South Carolina, where
the leading objects shall be, without excluding other
scientific and classical studies, and including mill.
tary tactics this is the language also OF the Act Of
Congress to teach such branches of learning as are
related to agricultural and mechanic arts in the man
ner most approved by modern science and expe-
lience
BY the I'd Section OF the Act, the Trustees Of the
University were directed as soon as practicable to
organize the SAID agricultural and mechanical school
In the University, and TO make bylaws for its gov.
alterations In the buildings OF the University as may
be requisite and as as the funds shall be trans
ferred to- them, they shall appoint such additional
professors as the income of the fund will permit"
By virtue of authority conferred upon me by the
resolution passed at the extra session IN September
1865, appointed an agent togo TO Washington, VINO
carried certified copy of tn. act with him. and filed
the same with the secretary of the Interior. Biz
additional duty while in Washington, waste procure
the issue of the scrip to which the State was entitled
at the earliest practicable day BE proceeded thither
and was engaged in his labor, when the Congress Of
the United States by joint resolution, approved
March 29, 1857 declared that "the further issue OF
delivery Of such scrip to any of the States lately IN
rebellion against the Unite States, except the State
Of Tennessee or the acceptance Of such scrip, or oi
any heretofore issued by the registers or receivers
any of the land offices of the said States are here
by prohibited, until the same are fully restored Ia
their rights as States by Congress-"
The acceptance Of the Constitution Of Sou Caro-
lima and the authorization by Congress Of represen
taion, 1t Is presumed, operates as repeal Of this
joint resolution and the State will therefore. be en-
titled to $780, acres of land for the purpose afore
said if only four Representatives are admitted. IT,
however, SIX are admitted, then the amount viii be
24O, 600 acres 1t is important that immediate steps
shall be taken to secure the benefit Of this munif
cent donaton.
In my annual message to the Legislature in De.
cember, 1855, stated that: 'In come Of the North
ern States, the fund thus raised has been used in
establishing schools for teaching The branches re.
quired oy the Act OF Congress- in existing colleges
and Universities; and If this policy should commend
itself 1t toyour approval, the agricultural and me-
chancal features Of the college may be engrafted on
the University Of South Carolina. and save The State
all expense for lands and buildings required to be
furnished by 1t. The buildings Of tho University
are commodious enough to accommodate all stu
dents who may desire to matricula:e. and the lands
adjacent to and owned by the College, will furnish
sufficient land for an experim .ntal farm"
By the original Act of Congress, making the dona-
ton, all the expenses incurred in the management
and disbursement Of moneys which may be received
trom the sale of the lands, shall be pa by the
States to which they may belong, so that the entire
proceeds Of ths sale shall be applied. without any
diminution whatever to the purposes named.
1t is further provided BY section 4, that the pro
ceeds Of the sale Of the scrip shall be invested in
stocks Of the United States, of the State some
other safe stock yielding not less than five per cent
upon the par value OF sold stocks and the money 80
invested shall constitute perpetual fund.- the inter.
est Of which snail be inviolably appropriated by
each State to the endowment support and maintain
ance Of the college or school for the purpose aore
said.
section 5, in enumerating the conditions upon
which the grant 10 made provides that ten per cent
cf the amount received may be expended Dr the
purchase of land for sites or experimental farms,
when authorized by the Legislature; but that 'no
portion Of said fund.- nor the interest thereon shall
be applied directly or indirectly, under anv pretence
whatever, for the purchase, erection, preservation
or repair of any bui ding or buildings" The col
lege IS to be erected within two years.
The University buildings, under the control of the
State, would furnish ample Accommodations for new
schools, which may be introduced by virtue of the
provisions Of this Act Of Congress; and II s very
important that the "Agricultural- College" should be
connected with that institution. or established In
some other building now owned by the State, where
by the expense Of erecting structure for the pur-
pose aforesaid may be saved to the State in Its pre-
sent embarrassed condition.
HoMEsTE!D RELIEF.
The provision of the Few Constitution which
secures homestead to each hsad o; family not
exceeding In value one thousand dollars, together
with the products thereof and also five hundred dol
lars worth Of other personal property, is wise and
humane measure, and should induce your early
attention in the passage Of an act directing the man.
ner in which the details may be carried out. The
or at advantage OF this measure is, that while 1t
Identifies every citizen with the soil and nourishes
his love Of State and country, T. is Likewise an in
ducement to the laborer to save his earnings and
invest them in permanent residence, where his
wife and children may have shelter and protection.
Equally sagacous is the provision which secures to
th married woman herpi operty held at the time Of
marriage, cor which she may afterwards acquire by
gift giant. inheritance, devise or otherwise" In
most of the states of the Union this law has long
prevailed, and doubtless 1t would have been incor-
porated among the statutes CT South Carolina hal
not its necesstybeeu obvlatel by the moro incon-
yenlent and cumbrous method Of conveying such
property for the benefit Of married women in trust,
whereby they were secured In their property free
from the debts and control of the husband.
This feature Of the new Constitution, however, Is
more simple and comprehensive, and while It may
be objected that both It and the homestead exemp.
ton will have the tendency to affect credit, there
can TO no question that if such be the result it will
operlte benefcially upon society. Nothing, per-
haps has so much clogged the prosperity of persons
engaged in agricultural pursuits in the South for
many years past as the unlimited credit resorted to
by those who always anticipate the products Of
their farms and plantations year In advance. If
this evil be checked, 1t will rebound greatly to the
benefit OF all classes.
Some doub:s have been expressed as 10 the con.
sdtutonaIity Of the provisions OF the Homestead
law, when applied to debts nlready existing; but q
been made in other States settles the question be-.
yond peradventure that the General Assembly has
the authority to apply the exemption to existing
debts, even such as may now be in judgment ana
EXECUTION, as well ds 10 future debts
IN the case Of Morse vs. Gould, Herman, New
DEMO- OF the Appeal Court said Il regard the Act
Of 1912 extendlng the existing exemption laws to
team and to certain household effects, as provision
clearly within the competency OF the legislature,
and one which they might lawfully apply to all future
proceedings in courts, whether such proceedings
should relate to existing or future causes OF action"
In this case there was an execution against the
defendant when the exemption law was passed, and
it was held that the law was constitutional even as
against the executions which had teen issued pre-
vfous to that time in one Of the courts OF the State OF
New York.
In the abstract made by the reporter OF Judge
pepios opinion, II Is held-8rst the &C: exemp:ing
certain property from levy and sale on execution
(statutes 1912, Iage 1881 applies to Judgment and
executions on debts contracted before as well as