The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1868-07-22


I Judge Woodbury., in the case Of the
Planters Bank vs.. Sharp, 6 Howard,
page 3O1-33O, in delivering the opinion
of the Supreme Court of the United
States, enumerated laws exempting tools
or household goods from seizure; among
the examples Of legislation respecting the
remedy which might be constitrtionally
applied to existing contracts.
In the case of Rockwell ys. Hubbell, 2
Douglas, 1877, Supreme Court of Michigan,
it is held "that property may be exempt
ed from execution for debts contracted
before the law of exemption was enacted. /"
Similar decisions will be found in the Su-
preme Courts Of other States of the
Union.
In 8 Parsons on Contracts, p 552. after
review of many of the cases decided IN
different States, he says; cat the same
time, however, it is admitted that State
may make partial exemptions of proper
ty, as Of furniture, food, apparel, or eren
a homestead" Again, on the same page,
he says: sit is to be observed that as to
the remedy, there can be no difference
between debt existing before, and one
contracted after the law is made &c.
The provisions, therefore, of the new
Constitution, securing homestead and
certain articles of property for the bene-
fit of each family, is sanctioned by the
highest judicial authority in New York,
Michigan, Massachusetts and other States,
as we'll as by legal writers of eminent
ability; and there is no reasonable doubt
that any law which may be passed by
you, to carry into effect the humane inten,
tions Of the homestead exemption, will
be sanctioned by the Courts ct this State
and of the United States.
But even were the question doubtful,
under the theory of the Reconstruc-
ton Acts, that the late Confederate
States are out or the Union, and beyond
the operation of the Constitution of the
United States, the adoption of this pro-
vision prior to the admission of South
Carolina, would still be strictly valid, on
the ground taken by the Supreme Court
Of the United Statcs-namely, that State
laws passed prior to 1889, impairing the
obligation Of contracts, were valid, mas
much as the Constitution had not, pre-
vious to that time, exercised any restrain
ing influence upon the States
The Indebtedness OF very many of the
best citizens of the State, the destruction,
of property, and the general disasters
that have ensuod, render this Homestead
Act and its accompanying exemption,
indispensable to the peace and happiness
of thousands of families within the limits
Of South Carolina and no more generous
or acceptable statute can be passed by
tho General Assembly, than that which
will at once apply the benefits of this
law to all eaisting, as we'll as future liza
bilities, whether they he in the nature OF
judgments executions or otherwise.
Further measures of relief from the
pressure of indebtedness will be required;
and nasmuch as the courts are to be re.
organized and new duties to be assigned
to the Sheriffs, it would be wise TO allow
the present crop to be gathered and mar
ksted before claims are permitted to be
enforced.
| I therefore, recommend that all sherifs
be prohibited from enforcing executions
in their offices, upon debts contracted
prior to the first day of May, 1865; and
that judges be likewise restrained, until
the first day of March, 1869, from giving
judgments in all such cases.
EDUCATION.
Under the new Constitution, ths Office
of State Superintendent of Education has
been created, and also that of School
Commissioner for each County-the Su-
pcrintendent and Commissioners constl-
tuting the State Board of Education. The
first named officer has already been elect
ed. and will doubtless entor upon the dis
charge of his duties as soon as they are
defined by law.
A commendable interest is manifested
bv all classes of our people in the estab-
lshment of schools and tho desire is
general that larger facilities than hereto
iore, shall DO furnished for this purpose
To devise scheme adapted to the wants
of South Carolina, and applicable alike to
city. village or thinly populated country,
will require q very full investigation OF
details, and not little acquaintance with
the various localities Of the State. Hence,
unless great care is taken, no plan adopt
ed is likely to result in benefit at all
commensurate with the great expense to
/ be entailcd upon tax payers.
The subject of popular education has
long occupied the attention of the lcgis-
lators of the State, and for fifty years
they have been met by the difficulty OF
reaching the sparsely settled localities OF
the purely agricultural Districts. II has
cnarosscd the attention of the Best intel
Iects of the State, and yet rtof the cit
les and larger towns. excepting perhaps,
two or three of tho Districts, the eNpcn-
diture for educational purposes heretofore
made, has boen Of comparatively little
service.
AS early as 1911, the General Assembly
of South Carolina provided for the estab-
lishment of Free Schools, allowing one
school to each representative, and appro-