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

the QODatlOn, all the expenses IlculIeu III
the management and disbursement VI
moneys which may be received from the
sale of tho lands, shall be paid by the
States to which they may bolong, so that
; tho entire proceeds of the sale shall be
applied, without any dimunition what
ever, to the purposes named.
1t is further provided by section 4, that
the proceeds Of the sale of the scrip shall
be invested in stocks Of the United States,
or of the State, or some other safe stock,
yielding not less than five per cent upon
the par value of said stocks; and the
money so invested shall constitute per-
petual fund, the interest Of which shall be
inviolably appropriated by each State to
the endowment, support and maintenance
of the college or school for the purpose
aforesaid.
!, Section 5, in enumerating the conditions
upon which the grant is made, provides
that ten per cent. of the amount received
may be expended for the purchase of land
for sites or experimental farms, when au-
thorized by the Legislature; but that mo
portion of said fund, nor the interst
thereon, shall be applied directly or indi-
rectly, under any pretence whatever, for
the purchase, erection, preservation or
repair OF any building or buildings" The
| college is to be erected within two years.
The University building under the con-
troll of the State, would furnish ample
accommodations for new schools, which
may be introduced by virtue of the pro
visions of this Act Of Congress; and it is
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 eroctinga structure for
the purpose aforesaid may be saved to the
State, in its present embarrassed condi-
ton.
HOMESTEAD RELIEF.
The provision OF the new Constitution
which secures homestead to each head
of family not exceeding in value $1,000,
together with the products thereof and
also $500 worth of other personal proper.
tv. is wise and humane measure. and
should induce your early attention in the
passage of an Act directing the manner
in which the details may be carried out.
The great advantage Of this measure is,
that while it Identifies every citizen with
the soil and nourishes his love of State
and country, it is likewise an inducement
TO the laborer to save his earnings and in
vest them in permanent residence.
whore his wife and children may have
shelter and protection. Equally sagacious
is the provision which secures to the
married woman her property held at the
time of marriage, cor which she may
afterwards acquire by gift, grant, inhorl-
tance, devise. or otherwise" In most of
the States Of the Union this law has long
prevailed, and doubtless it would have
been Incorporated among the statutes Of
South Carolina, had motifs necessity been
obviated by the more inconvenient 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 compreben-
sive, and while it may be objected that
both it and the homestead exemption will
have the tendency to affect credit there
can be no question that if such be the re-
suit, it will operate benofcially upon
society. Nothing, perhaps, has so much
cIogged the prosperity Of persons engaged
in agricultural pursuits in the South: for
MANY years past, as the unlimited credit
resortcd to by those who always antici-
patio the products of their farms and
plantations year in advance. If this
evil be checked. it will rebound greatly to
The benefit of all classes.
Some doubts have been expressed as to
the constitutionaity OF the provisions OF
the homestead law, when applied to debts
already existing; but careful eNamina-
lion Of the decisions which have been
made in other States settles the question
beyond poradventure, that the General
Assembly has the authority TO apply the
| exemption to existing debts, evon such as
may now be in judgment and execution,
az we'll rs to future debts.
In the case of Morse VS.. Gould, her-
nan New York Reports, page 2Sl, Sept,
1854. Judge DEMO, of the Appeal Court
said II regard the Act Of 1912 (extend-
ing the existing exemption laws 70 a team an
and to certain household effects) AS Il pro,
vision clearly within the competency OF
the Legislature, and one which they
might lawfully apply to all future pro-
cecdines in courts, whether such proceed
ings should relatc to crtsttng or future
causes of action
In this case thoro was al execution
oa.;nst the defendant when the cXemp-
lion law was passed, and it was held that
n.o I,,,, ,vos constitutional oven as against
the executions which had been issued
previous TO that time in one OF the courts
of the State of New York
In the abstract made by the reporter of
Judge Denio's opinion, it is held: First.
The Act exompting certain property from
levy and sale on execution Statutes lS42,
page 1887, applies TO judgments and exc,
It I..G -. -, Lahts cnntrac ct ed before as we'll