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

sold for debt. he would show him. q tree that
the wind never blew, upon. N - n
Mr. Mcdonald of Chatham said the della
gate attempted to leave the impression here
that he had said something detrimental Of
the colored people. He had no harm
against any one.
Mr.. Congletun said: He did not feel at
liberty to vote IN the question without ma
king few remarks E r
He had heard 1t said that constituency was q
ielrel, but it was not 80 with. all 0fsthem. -
They talked about relief Who was it
who was free from debt He did not want
any relief. Was it the generation to Gomez
They did not want it. Was it not the man
in debtl Was it not the man who could
not meet his liabilities As for his part he
had no scruples on hisoenscience to vote for
a retrospective homestead. They we're now
building an entirely new government with a
new Constitution. If they could not give
the people retrospective homestead, they
(the people, did not want any at all. Every
stay law was unconstitutional and repudia-
tory.
There were some men upon that floor who
were just as inconsistent to-day, as they were
in the days of slavery. when the COW hide
was in one hand and the chain in the other.
How were they to overlook the claims OF
the people2 The people must have some
relief. Therefore, lie was OF opinion, if they
cannot get it in any other way they had bet
ter send petition to Congress and ask for
it. The proposition before the Convention
was with view to effect relief.
Mr.. Hayes of Halifax said there we're COL
ored men in debt. He opposed tying up
property go that his debts could not be paid.
He desired so much property to be free to be
sold for debt. The colored people all desired
to pay their debts
MIR. Jones, of Caldwell, said that the
homestead law here was in the words of the
Alabama and Arkansas Constitutional
wit. to 90 into effect on ratification. he
-ttal not deem TOO large homestead accep-
table to the common mass Of the people.
Mr.. Heaton said the amendment had
retroactive effect, and it was tincturetl with
repud atiun. That was the issue. The SEN
timents of the delegate from Gulford, and
he meant no disrespect, were rcpudiatory.
For the future he favored liberal exemptions.
But to repudiate here now, after his oath to
support the U. S. Constitution, he could not
do it.
Mr.. Hood said when gentlemen had no
argument. he appealed to passion. The bare
assertion that this amendment made the
homestead retro active or the cry of repudi-
alton did not make it SO. lie would vote
for the amendment, with the understanding
that the matter will be left as it is-stopping
at the retrospective homestead and no more.
Mr.. Heaton said he regretted that the del
egatc from Cumberland had said that he
had made an appeal to passion, for he had
confidence in the judgment OF the gentle
man. The delegate himself had left the
matter in doubt. This was enough to con-
vince any one that the matter should not be
left in doubt The delegate from Cumber-
land is opposed to retrospective action. and
the delegate from Guitord will not deny
that such is the effect of this smentlment-
Mr.. H. held that it was better to adhere to
the old landmarks. When would man
be under retrospective homesteadl 1t
would be question not settled for a gen.
Grafton. Let the matter be here decided
BY striking out these words then, all will he
uncertain; by retaining them, the whole
question will be decided. And he warned
the Convention of the danger of submit
ting such retrospective clause to the dis
tinguished legal members of Congress. He
hoped the delegate from Cumberland would
admit that there had been at least move
ment towards an argument.
Mr.. Abbott said he favored the amend
ment. 1t was known that he opposed repu-
dation, but when man fell in to debt, he
should surrender all and square up his &C
counts. The gentleman from Washington,
had laid down the inhexibility of the law.
But the justice OF the law was tempered with
humanity, and this was a question of hu-
manity. Otherwise the law stood as ty-
rant, ready to strike the cruel death blow.
Now it may be said that retrospective laws
are unconstitutional, yet may there not be
instances where the law might say to an old
man repose in peace upon your lands until
the end of life. But if this section was
here adopted unamended, all that would
be cut of-everything would be prospec-
tive.
Mr.. Jones, of Caldwell, lis the gentleman
in favor of allowing debter, to hold land
unpaid for, and give the creditor none of
his rights9
Mr.. Abbott wish to leave all that to the
courts. One decision of the Supreme Court
would settle all that.
MIR. Jones, of Caldwell-and make the
homestead law code Of litigationl
Mr.. Abbott-No, sir. One decision of the
SUPREME Court would settle all that. The
question was whether the justice of the law
did not sometimes unbend itself, and yield
to mercy. 1t was yet question whether
every man was not entitled to his share OF
land, though we know that the convention.
alities Of the Constitution were founded
on everlasting principles The Courts
were the great reservoirs of justice and
equity. Let these matters then be transfer.
red to them.
Mr. Colgrove desired that this matter
should be 80 explained as to let every far.
mer understand it.
Mr.. Tourgee said that the gentleman from
Craven did not seem to perceive the legal
force Of the term obligation of contract
Every decision of the L. S. Supseme Court
said that it meant that remedy of the law
which entered the minds of the parties con
tracing. The repeal of imprisonment fol
debt was an Impairment of the obligation o
contracts and yet every State save one wher
it repealed looked backwards. The Suprem,
Court admitted that imprisf nment was ,
part Of the remedy, and yet admitting this
| it sustained the laws because they were simpl,
the dictates of humanity. Laws exempted
lawyers libraries, though amounting per
haps to ten thousand dollars, surgeons in
struments and farming implements, ant
why Because they were the means o.
| livelihood.
He said Texas before admission had gran
ted aths of the land to individuals, know
as head -heights, and yet the Constitution o
that State declared them mil and void I'm
less actually settled, and it was sustained b