The weekly North-Carolina standard. [volume] (Raleigh, N.C.) 186?-1869, 1868-03-04

the people the benefit of doubt; and eve
Try lawyer knows that no stayIaw can stan'l
tie test. Then there must be peg in the
Constitution to hang relief upon. a.
Now he desired to know whether gentle
men were not willing to give the people thc
benefit of tins legal doubt, when it does not
tAi{ect prospective homestead -
Mr.. Nicholson said he favored RETROSPECT
tive homestead, in certain circumstances
| But this amendment left the matter merely
! in doubt, and he would not fling meatless
bone to q dog. 1t had been remarked that
lIthelaw sometimes unbends. This may be
! e;.hnt= Judge sud.s jury naF8 no right 70
swerve an iota from its enforcement. He
would vote against the amendment.
Mr.. King, Of Lincaln said even fsa Jfetros
spective homestead were passed and de-
| slared constitutional, nobody would take
,he benefit of. itbut a dishonest man. An
honest man would pay his debts @ .
The yeas and nays were called on the
amendment. ss5 -.
FoR-Messrs. Abbott, Andrews, Ashley,
Aydlott, Baker, Blume, Bryan, Carey, Carter,
Chillson. Congleton, Dickey, Etheridge,
Fisher, French, of Chowan, George, Graham,
of Montgomery, Gully, Gunter, Hayes. of
Robeson, Hood, Hyman, Kinney, Lee, Legg,
Long. Mann, May. Mayo, Merritt. Mcdonald,
of Chatham, Mcdonald, Of Moore, Morton,
Murphy, Newsom, Parks, Peterson, Ragland,
Ray, Read, Rich, Robbins, Rodnan, Smith,
Stilwell, Taylor, Tourgee, Turner, Watts,
Wicker and Williamson. '1-
AGAINST -Messrs. Barnes, Benbow, Brad
lev, Gambler, Colgrove, Cox, Duckworth,
Ellis. Eppes, Forkner, French, of Rocking
ham, Fullings, Gahagan, Garland, Glover,
Graham, of Orange. Grant, of Northampton,
Harris, of Franklin, Hayes, OF Halifax,
Heaton, Highsmith. Hollowell, Jones, OF
Caldwell, King, of Lincoln, Logan, Nichol-
son, Parker, Petree, Pierson, Rhodes, Rose,
Sanderlin, Silly, Sweet, league, and Tuck
er. - 4 .l.
Yeas.50. Nays-39. ~
ABSENT AND NOT voTJNa-Messre- cher-
ry,s kaanieI, Dowd, Durham. Franklin,
Ffcnca, of Bladen, Galloway, Garrett, Grant,
of Wayne. Hare, Harris. of Wake, Hay, Hold
nett, HOTTER, Holt. Jones, of Washington,
King of Lenoir, Latin. Lennon, Marler, Nc
Cubbins, Moore. Mulican, Nance, Patrick,
Pool, Renfrow, Trogdcn, Williams, Of Samp-
son, and Williams, of Wake.
Mr.. McCublins said he was in favor. of a
liberal homestead, but opposed to retro
spectivelaw.
The section as amended was adopted.
Section 2d was read, when
Mr.. Hood moved to- strike out all after
debt in the 9th line.
Mr. Jones, of Caldwell. said he hoped the
amendment would not prevail, because it
prevented all transfer of the homestead
Mr.. Tourgee desired to amend the amend
ment He was in favor of making the
homestead inalienable so long as debts hung
over it, tor the purposes of humanity. And
when the benefit accruing to the State by
providing home for the mans family pass
ed away then he was in favor of permitting
its alienation
Mr.. Hood said he desired to strike out all
and substitute an amendment, providing for
a transfer Tor property of similar kind and
value. But he would agree to a division.
Mr.. Tourgee then moved to strike out all
after debt in 9th line to the end of the tenth
line. e '-'' p
Mr. Candlrr held that this amendment
amounted to Reputation. That WAS the
issue. He called, upon delegates to remcm-
Der this fact.
| Mr.. Hood said the amendment amounted
exactly to what had just been agreed upon.
The amendment was carried.
The question recurred ON the amendment
| of Mr. Hood to strike out all after the 10th
| line
He held thata homestead liable to mort
| gage was no protection at all.
| ", IL, 70 "a,
Not in order.
Mr.. Harris, Of Wake, said the operation
of the amendment of Mr.. Hood did not
permit homesteads to be mortgaged at ALL
Mr. Hood-yes, sir, during the minority
of the children.
Mr.. Harris of Wake said you may give a
homestead of $1,000 and how is q man to
till his farm, or get his mule or laborers. He
did hope that the amendment would not
prevail In the Northwestern States, it was
| left to wife and husband to make the home.
stead responsible for money borrowed
Actually the Convention presumes to dictate
that man shall own so much land, bat shall
not SELL He was in favor of relief, but this
went too far.
Mr.. Tourgee said if the clause was stricken
out, he desired to amend, as before inGica
ted.
He said it prevented fraud-the man coulc
not sell the homestead without the consent
of his creditors and wife.
MIR. Abbott desired to have limit to deb
on the homestead-say one-third of apprais
ed value.
Mr.. Tourgee said he had no objection.
The motion to strike out prevailed.
| h, u.olse 90
Withdrawn, and Mr.. Tourgec's offered
He said if man had homestead to Sc.
or mortgage he could legally prove that h
was not IN debt to one-third its value, AM
if he was, by proving the consent of wife o
creditor. he could sell or mortgage
Mr. Graham of Orange opposed the pro
vision. He said it put poor man in til
power of his creditor. He could get n
credit. 1t would be no benefit to him. /
homestead of $500 might do. He woul,
favor a proviso to prevent sale without wife
consent, because the property might be sac
ri6ced by some worthless husband. He eoul
not consent to give the creditor the powe
proposed over the debtor.
Mr.. Tourgee-is it better for man to b
without credit, or to have the means of sui
sistance?
Mr.. Graham, of Orange-that is ques
ton which answers ITSELF .-v. =
Mr.. Hood offered the following substitute
Provided, That the homestead may be eS
changed for other property of the same ma
ture BY the owner thereof, with the volur
tary consent of his wife,. signifed ON he
private examination before judge Of som
Court IF this State.
Mr.. Hoods amendment was adopted.
Mr. Tourgee said he did not favor the d.
frauding the creditors. The substitute a
lowed man in North Carolina to get hi