The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1868-02-26

BE- For announcing candidate, Five Dollar
in advance
Debate on the Homestead Clause
The. most interesting debate that ha
vet taken place in the Reconstruction
Conrention. occurred upon that section o
the Constitution providing for a home
atead law. We make the following ex
tracts from the proceedings of the twenty
ninth and thirlieth days, reported for thu
Charleston Courier:
Section 35th, excmpting from execution
or other fnal.proccss "fany Court ISSUED
for the collection OF, debt, u homestead ii
the country OF one hundred acres anC
dwelling and appurtenances thereon, or
ho,neste;tdsia5 city, town or village, moi
exceeding S2,0UO, gave rise to a lively ano
lengthy discussion.
MIR. r. J. Robertson moved to amend
by adding that no homestead shall be ex
ea,pted from levy and sale for any just
debt existing prior to the adoption OF this
CONSTITUTION.
Mr.. Robertson said he was willing and
would insist upon homestead law fer the
future, but was opposed to amy retrospec'
tive law, or anything going back and Civ.
ing to the men who brought about the
war. and staked their all on secession,
$500 worth of property. at the expense
OF the. loyal men. of the country. He had
made his property by colored men, and
wanted TO know if he was to give
S2,5UU worth. of property to disloyal men
who had forced others in the Confederate
army, and give the colored man nothing !!
tt would be class legislation. He WAS.
however, in favor of every man retaining
a homestead after be pays for it.
s=R: C. Delargc advocated the section as
it was, event it it was retrospective in it's
operations. He differed from the mem
brr from Richland (Mr. Robertson.) 1t
was not intended for any special class,
nor was it the desire Of the Convention
to- make it a class measure. He desired
to see all classes OF people relieved by the
Act, and hoped the amendment would DC
voted down.
Mr.. Craig favored the adoption Of the
secsiori so FAR as it was retrospective in
it's action, without comingin conflict with
the laws of the land.
l.. s.. Langley offered an amendment
exccntins the wages Of lab0rcrs from the
exemption.
Mr. e. c. Bowen favored the passage OF
the section rs it was, the creditor having
allen upon the homestead for its purchase
being finally secured by the mortgage,
which is always taken III business trans
sections: OF this character
F. i. Cartloza advocated the section as
havicg II tendency to establish moro
permanent settled character in onr people;
who heretofore, in the absence OF such a
urorision in the Constitution, had been
TOO much distinguished for their migrate
ry character. !.
y. J. Whipper also spoke in favor of
the aioptlon OF the section. and against
thu amendment offered by L. X. Saspor-
las. to reduce the exemption to Sl.O0o.
With regard, he said, to the retrospective
portion of the section it was SO intended
nv the Committee who framed the sec
ZION. He denied that there was any class
legislation, but the very fact that the col
ored race having now an equal chance IN
the race OF life. and of becoming owners
OF land made the protection OF such a
provision in the Constitution ali the more
necessary There are very many colored
peopie in the State already owning prop
erty who desire this protection
J. j. Wright also warmly advocated
the passage of the section.
Mr.. Rutland favored the passage OF the
Homestead law SO far as IL was TO oper-
ate iusthe future, giving TO every one far
notice that the homestead hereafter is to
be preserved against all debts. But ne
opposed all retr' spective action, and
thought regard should be had for the in
terests of the poor creditors as well as the
poor debtors. 1t was also unconstitu
tional to pass q retrospective law or any
law impairing the obi cations of contracts
Mr.C. P. Leslie made 2 wa:n appeal
in behalf of t.,A adoption of the section as
it s:ooI, Rutland on constitutional law
to the contrary Notwithstanding lie
spoke for the people of Barnwell District.
THEY ask, he said, no other f;iv"rs OF the
Convention than TO give them time TO
nav their debls. Give them, he said, such
au awoput of property as VIII enao!e
ahem to start TO make Il crop to pay the'r
debtors. 1t was their constant iear anu
trembling Jest the creditor should seize
upon everything that kept them from I'M
proving their places and raissng . crop.
He would, perhaps, be as large a loser by
the passage OF this as any one in Burn
well District. He held II note OF S2,2o'
against another, but he wanted to see the
mans bomestead Me- urcd to him and an
opportunity afforded him of paying that
debt.
Mr.. Leslie continued in strain of evil
IDENTIFY deep feeling, saying he wanted to
ace this Constitution ratite.. He wanted
to see the white men and the black men
i tx,t x,x,x.ll /.