The weekly North-Carolina standard. [volume] (Raleigh, N.C.) 186?-1869, 1868-03-18
Proceedings of the Convention.


FRIDAY, March 6, 1868.
The Convention was called to order at
u O'Clock, President Cowles in the chair.
The roll was called and quorum found
present.
The article on its third reading was taken
up, as amended, and engrossed.
Mr.. Jones of Caldwell, said the reasons
for merely prospective homestead were as
strong to him now rs ever. is reasons
were we'll known. He did not intend to
debate the matter, but would say that q
prospective homestead was the only one that
was just or bene6cent. Heefered an amend
ment TO section one, in order to make the
homestead prospective.
Mr.. Rich said that after the exhaustive
debate on this question, he did BOT deem it
necessary to have much more said on the
subject. ne hoped the amendment would
be votctsdpwn.
Mr.; HOOD said that the amendment was
surplussage if there was no power to make
retrospective homestead. The United States
government had made retrospective home
stead in the bankrupt law. He did not de
sire to see those who now reside on lands,
where their ancestors have lived for genera
tions, turned off penniless. A man might
be in debt million of pounds, yet he did
not buy lands beyond the homestead. none
of it would be sold.
Mr. Trogden said he was anxious to vote
for homestead, but not for one retrospect
tivess4 FL. thanglls suck q ase ta'l away the
rights of the people Hwould endanger the
constitution. 1t was repudiation. and iie
could never vote for that. He desired to see
the matter made clear.
Mr. Rodnan said that he had introduced
an ordinance allowing the people time to
pay their debts. 1t was denounced as re-
pudiation-an ordinance to relieve the up
| per crust, as it was called. But he would not
argue, that at some future time he would ex-
pose the ialacy nevertheless, he could not
vote for any homestead SO long as such IL
feeling prevailed to the injury OF the debtor
class OF the community. De desired some
assurance for the future, and hoped that all
the friends of relief of the debtor would join
him.
Mr. Welker said he thought the matter
was SO fairly discussed that he considered
it we'll understood. He regretted that
such spirit now existed. HI believed that
u retroactive homestead was an enabling
act 10 give the debtor ability to pay
| Neither did he consider it unconstitutional.
and with his property subject to sale and
execution, the debtor could not meet his
payments. He deemed a retro active home
stead the great security to debtor and credi-
/ tor. 1t was the duty of the State to give
| the people this protection. By the mistnr
| tunes of war. in which he was not at fault
the debtor was placed in the power of the
creditor. By the law of every civilized State,
the right of wife or children in the property
of the husband or father is recognized
! He now called on the Convention to say to
them, in your weakness and poverty you
shall be amply protected Now it seemed
to him that the question lay Just here-shall
the creditor lose some of his property 10y this
law. or lose it by taxation to support the
! poor and prosecute criminals
Mr.. Mcdonald, of Chatham, said that he
was in favor of relief in every shape that 1t
came up. lie was in favor of giving every
man what lie had to night. Indeed if the
execution laws were turned loose, property
would merely change hands and no one be
bettered
Mr.. Heaton said that every delegate here
was in favor of substantial relief. But he
believed that the best way to give it was to
adhere to the constitution of the United
States. which says that no law of retro
spective nature shall be passed. Under this
article, men would be forever in doubt as to
whether they have homestead or not In
direct conflict with the United States cOnsti-
tuition, Congress may strike it out. Then
| all will he IN doubt Let the Convention
put the matter IN firm and enduring basis.
Mr.. ood-does not this article provide
for prospective homestead any way
ur. eaton-it was argued that there was
doubt. the benefit of which was to be
given 10 the debtor.
Mr. ood-well that referred to retro
spective homestead.
Mr. eaton-I do not wish to leave the
matter in doubt at all. desire to see it
placed on an enduring basis. Gentlemen
must differ ON this question.
Mr.. May said: This speech will appear
as soon as written out.
Mr. Abbott said that he had considered
this question settled. But it seemed that the
pertlnacity of those who opposed retro
spective homestead, still led them to contest
the subject. Now the question was, whether
retrospective homestead was best or not
| iie tCsiiCu " dCt justly. Iic Niu nv uCCn
government stern and tvrannical, but kind
and paternal Now these were peculiar
times. The people were IN distress. Though
those who were opposed to relief were not
Shylocks, yet the principle was somewha,
the same. He did not wish to interfere in
relief matters, but as it seemed necessity
it was his opinion that the article as it stood
should he adopted.
Mr.. Harris of Wake said: This speech
will appear so soon as written out
Mr.. Rodman said that he would vote
against the amendment Of Mr. Jones o
Caldwell, and for the article as it stood. He
would vote for any fair homestead introdu
ced by the friends of the measure. He could
not vote against anything giving relief to
the impoverished people of the State. Zap
pausc.
Mr.. Jones, of Caldwell what change has
come over the spirit of your dream
Mr.. Rndman-I have always voted fol
homesteads.
Mr.. Mayo said he was sorry to see spiri
shown here not to assist the poor of thi.
State. He was astonished to hear the cry
of repudlation He did not believe there
was one particle of it true. He knew there
were suffering widows in Granville. l
should touch the heart of every Christian
here Now it seemed to him that the story
of Dives and Lazarus should be remembered
Let us look to the interests of the poor, an(
remem Der that the rich man who did no
lay down and woke up in hell. Applause
Mr.. Pool said that he would be glad t.
see retrospective homestead established
and the people relieved of their emharrass