Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1868-04-28
sTAUNTON, VA, TUESDAY, APRIL %, 1868


was that the whole subject of separate or mikes
schools is RENTED to the Legislature The
feared to provide for mixed schools in the con
stitution, because they calculated that it nigh
lead to the rejection of it by the people. The,
have left the Legislature to deal with the matter
| We have shown that in this body the negroes
will have majority of twenty one, and it wa
clearly shown in the convention, by their fierce
and VIOLENT speeches. and by their votes tha
| they will insist upon this point.
HOMESTEAD EXEMPTION.
The action of the convention on another sub
ject deserves hurried notice. Conscious of the
| infamous character Of their constitution, ano
| wishing to catch few whites who might be
| willing to degrade themselves to save their pro-
perty, they have put in the constitution home
stead provision, which professedly exempts
1000 of property from all liability for debt
they then, in the same article, proceeded to
repeal the existing stay law, and to prohibit the
Legislature from hereafter enaeing any stay
law. Here is the practical effect of this shame
full and deceitful provision: ALI stay laws are
loose on the debtors, and the debtor has nothing
but this sham Of homestead to fall back upon
The homestead provision, in so far as it refers
to past debts, will be at once set aside by the
courts as contrary to the Constitution of the
United States, which in terms prohibits any
State from passing any law impairing the obliga-
ton Of contracts. We do not hesitate to say
that if the article had been drawn by register
In bankruptcy, anxious to secure an increase of
his business and his fees, he could not have sue
ceeded better in the accomplishment of his pur-
pose. The stay law removed, the creditor will
come down on the debtor, the debtor will either
60 into bankruptcy and claim the benefit of the
homestead exemption, or refuse to do so, relying
fha of tb ( ho
into bankruptcy, the registrar will tell him that
any such reputation of debts is obviously un-
constitutional and that he will not respect it.
If he should respect it, the matter will be taken
to the courts and the provision set aside.
If the unhappy and deceived debtor refuses
to go into bankruptcy his creditors will sue him,
obtain Judgments and then enforce their liens
thus acquired through court Of equity. The
constitutional question will be raised, and can
only be decided in one way, and that las we
have said) will be against this provision The
Federal courts have decided the matter already
time and again. So that this insidious article,
while protesting to be measure of relief to
the debtor, is really designed to suffocate him.
It's doubly damned-in that, as the act Of the
convention, that body has boldly taken issue
with the eigth commandment, while at the
same time those who passed it knew that any
one who attempts to avail himself OF its pro-
visions will be miserably cozened and disap-
pointed. Of course the creditor element in the
State will be eXasperated at the attempt to
circumyent it, and there will be nothing to
stand between it and the relentless collection of
its debts Thus will be brought about what the
negroes and the white adventures so ardently
desire-the practical confiscation of the landed
estates in Virginia.
IF the convention had really desired to re-
lieve the debtor class in the State they would
have adopted stay law providing for the grad
ual settlement of debts by annual instalments
until the whole was extinguished. This would
have satisfied the creditor, would have been sus-
tanned by public sentiment, and would have en-
abled at least many debtors to discharge their
liabilities in an honest manner
MILITIA
This constitution further provides for mill
tia to be composed of all male citizens of Vir-
ginia over twenty-one years of age. This, of
course means citizens as defined in this consti-
tution-without distinction of race or color
We need not comment upon the results Of such
an admixture in such capacity upon terms Of
perfect equality in the ranks, and the right to
official position.
JURIES.
It further provides that all who are made vo-
ters shall have the right to sit on juries, and
none others. Many of the best and most in-
telligent white citizens Of the State are thus
rendered incompetent to sit on jurles, while all
male negroes who are twenty-one years OF age
mot idiots, or lunatlcs, or convicted OF crlme,)
have perfect right to do so without regard to
qualifications
PUBLIC CONVEYANCES.
One of the provisions of the constitution
guarantees to all men sequal civil and political
rights and public privileges" The immediate
design of this was to secure to the negroes free
access to all hotels railroad cars, and other pub
lie places It is probable that it may be claims
ed under it that a negro child cannot be exclu-
ded from any of the public schools, and that
the Legislature must require each and every
one of these schools to be open to all without
distinction Of color.
CONGRESSIONAL DISTRICTS.
The State is divided into eight congressional
districts and it is claimed that it will be entitled
to ninth representative. Of the eight dis
triots the negroes have five, the whites three.
The ninth member is to be elected by the State
at large. .,..x
THE BALLOT.
We have not space to more than refer to the
abolition of the valued and time -honored sys-
tenn of viua uoce voting in Virginia, and the
substitution for it of the secret ballot, which
was ever peculiarly repugnant to the frank and
udHly genius VI CHe peOpIo VI Iulo OtaI0'
CONCLUSION.
Such is the constitution submitted to you,
fellow citizens, for your ratification; and such
the instrument bitterly denominated a measure
of Reconstruction and restoration to the Union.
The constitution of Georgia, which happens to
be before us-objectionable as it is to Southern
people provides for universal negro suffrage,
but it differs from the constitution offered to the
people of Virginia in several important respects.
Not one human being is disfranchised not one
questionable oath is required; the existing
county organization Of the State was left un-
touched no person is allowed to vote until he
shall have paid all the taxes assessed against
him and the General Assembly is required to
provide by law for the selection OF upright and
Intelligent" persons to serve as jurors.
It now devolves upon the white people Of
Virginia to pass upon this instrument By the
registration of last year, from which some 15,-
600 whites were excluded by disfranchisement,
the whites had majority in the State of over
I4,OOO. This majority, under the new registra-
ton which will take place, may be increased to
more than $4,000 1t can be increased 5000
in the Valley alone.
1t is the opinion Of the Conservative members
of the convention that the white people of Vir-
ginia should act in this matter without divisions
We contemplate the fact Of the entire black
population consolidated against us, enrolled In
one compact, oath-bound organization, acting
with the precision and discipline of an army
By the apportionment of representation in the
convention they were entitled to majority in
that body, which was increased by the inactivity
Il or,HH foI