Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1868-03-06

Clerk of the Superior Court may fill the
same for the unexpired term"
Mr.. Watts moved to amend by striking
out CLERK of the Superior Court" and say
that the County Commissioners shall ap-
point the officers
Mr.. Tourgee moved that the report be
printed with the amendment. Adopted
The Homestead majority and minority
reports were now taken up and red
Mr.. Rich moved to strike out, in the 1st
section, So" and insert So"
Mr.. Hodnett objected. He said that the
first proposition was exceedingly liberal
and he opposed the amendment. Three
hundred dollars worth OF personal proper
ty, one thousand dollars worth of reat
estate, and property for the wife, separate
from the husband, he deemed sufficient.
The amendment was put to a vote and
adopted
Mr.. Tourgee moved to strike out all after
the word ''debt, in the 9Th line, 1st. sec
ton. He advocated his amendment. He
thought the latter part of the section would
tend to deprive men of the benefit of the
present law, among the few things he
could praise the late Legislature for He
favored the passage of a retrospective
homestead law. He was willing to see the
report pass It's End reading, but thought
that final action should be postponed until
the matter could be more thoroughly con
sidered.
Mr. Abbott was favorable to a liberal
homestead. Many States have 50, 900
other s., 900. He had voted for Mr.. Rich's
amendment, and thought q homestead
should be at least for So 600.
Mr.. Jones, of Caldwell A retrospective
homestead of S., 600?
Mr.. Abbott am not now dealing with
that. When it comes up, will consider
it.
Mr.. Jones, of Washington. expressed
himself as in favor Of most liberal home
stead, of a prospective nature, but he
thought one of retrospective nature could
not be legally passed by this body. He
wished a liberal homestead, and, at The
same time, uniform one, neither too ex-
cessive nor too illiberal
Mr.. Mcdonald, of Chatham, also favored
a homestead law of a retroactive nature
He was q relief man-cOme in what shape
it would.
Galloway (negro) would vote for homo
stead that would protect the widow and the
orphan. The colored man did not get the
benefit of the present. law. He wished one
that would protect all and did not tend to-
wards the Reputation of honest debts, and,
after discussing the matter at some length,
he wound up by saying, in reply to some
of Mr.. Mcdonald illusions, that, whatever
he had said or done, he had drawn his mile
age 10 R0Leiyh By the right road.
Mr.. Mcdonald was about to show his pa
pers in regard to the matter, when
Harris, of Wake, (negro) arose to APPOINT
of order in the natter, which tho Chair
sustained, and Mr.. Mcdonald took his
seat.
After some debate participated in by
Hayes, Of Halifax, (negro,) and Mr.. Jones,
Of Caldwell,
MIR. Heaton arose and said that the
amendment had q retrospective effect, and
it was tinctured with reputation. That
was the issue. The sentiments Of the dele
gate from Guilford (Mr. Tourgee) were
well known to be regulatory, and all who
voted for his amendment would vote for
reputation. He was in favor Of q liberal
homestead, but he could not consistently
stand here, after taking an oath to support
the Constitution of the United States, and
advocate the passage of this measure, which
meant nothing more nor less than repudia-
ton.
Hood (negro) did not agree with Mr..
HeatOn as to this amendment meaning re-
pudiatiOn. He was as much opposed to re-
pudiation as ally man on the floor, but
would vote for the amendment, as it did
not even approach anything like repudia-
ton.
Mr. Abbott said that it was we'll known
that he strenuously opposed any ing like
Reputation, but he was rather inclined to
favor Mr.. Tourgee's amendment, as he
thought the necessities of the people were
so great that some relief should be afford
ed. He was in favor of not arguing, now,
the question, whether a retrospective home
stead law was unconstitutional or not, but
Just say that we exempt SO much and LET
the matter be with the courts, and, if they
decided that it was unconstitutional, why,
then, the matter would be settled.
Mr. Tourgee said that Mr.. Abbott had
stated the matter fairly.
The question REQUIRED upon Mr.. Tour
gees amendment, the yeas and nays were
called for and had, and the vote stood, yeas
so, nays 80.
When the vote was announced it excited
great applause).
The section, as amended we adopted.
In section Cd, Hood (negro) moved tC
strike out all after the word debt, in
9th line.
Mr.. Jones, Of Caldwell, objected he
hoped the amendment would not prevail
Mr.. Tourgee then moved to strike ou'
all after " debt" in the 9th line, down tc
the end of the 10th line.
The question being divided, the motion
to strike out prevailed.
The question recurring on the amend
ment OF Hood (negro), to striking out al
after & Constitution" in the 10th line; anC
it was adopted.
Mr.. Tourgee moved to insert, after the
word "debt, in the 10th line, the follow.
ing clause
" Procided That no sale or mortgage O.
the homestead shall be of any legal force
in case the owner of the homestead is IL
debt to the amount of one-third the value
of the homestead, unless by the consent O
the creditor, and the consent of his wife
signitied on her private examination be
fore Clerk of the Supreme Court of the
State.
Mr.. Graham, of Orange, vas opposed t.
this tying up mans property. He Wa
not in favor Of very large homestead, a
very large one would tend TO the injur,
of the poor man. It would etfectually xii
his credit.
Hood (negro), offered the following sub
stitute, which was adopted
Il. L. L. i \