Keowee courier. [volume] (Pickens Court House, S.C.) 1849-current, 1869-06-25

as citizens by the laws or Constitution of
South Carolina as they existed prior to, or
during the war, but were made citizens by
Act of Congress and enforced by military or
dcYs in the election of delegates to the Con-
stitutional Convention. They assembled in
Convention and adopted Constitution, which
according to the provisions of the Recon
unless Congress accepted the same after its
ratification by the people of the State, inclu-
ding tho new citizens. The people Of the
State ratified the Constitution by a majority
very decisive, and Congress accepted it as
presented, and thereupon admitted the State
to representation in both Houses of Congress.
If the Homestead provision had been objcc.
tionablc to Congress applying to existing liens
at tho date of the adoption of the Constitu-
ton, it would doubtless have been excepted
to in tho Act admitting the State to repro
scntation, as was done by Congress with rcf.
crcncc to certain features in the Constitution
Of Gcorgi.
The view now presented, that the Home
stead Act, as to liens existing at Che date of
the adoption of the Constitution, violates that
clause Of the Constitution of tho United States
which prohibits any State from passing tfany
law jmpairing tho obligation of contracts"
wcdld seem to be fully met and answered by
the foregoing statement of the history of the
enactment.
But, the objection may be answered very
satisfactorily by this view of the question
Suppose the Constitutional Convention in
Charleston, in January, 1868, had refused to
recognize any lien whatever, (%whcthcr mort,
gage or judgmcnt,) given or created, or any
property by or under the provisional rebel or
antc-war governments that had existed in
South Carolina, and directed all officers crca-
ted by their Constitution to refuse to enforce
such liens, could its power have been qucs-
toned, and if so, how and before what tribu.
nal could the liens have been enforced ? Now,
if they could have ignored all liens by de-
clining to provide for their enforcement, what
prevented the Convention from recognizing
the liens with such conditions as their iudg-
mcnt esteemed wise and prudent? to wit: If
n mortgage or judgment obtained under a
former government was recognized by a voting
population totally different from the popula-
ton that was represented in the former gov
crnment, that the lien should DO enforced
subject to the claim of the defendant in exc
cution or mortgage to q homestead of the
value of one thousand dollars. These views
might be elaborated and sustained by the dc.
cisions in New York, Michigan, North Caro-
lima, Georgia and other States, but it is not
considered necessary to pursue the matter
further in this case. The Homestead Act of
this State carrying into effect tho provision
of the Constitution Of this State, Article IT,,
Section 80, providing q homestead for the
head of each family in this State, and the
Constitutional provision itself, is not a viola.
ton of the provision of the Constitution of
the United States, which prohibits any State
from passing any law impairing the obligation
Of contracts, and that the same is constitu-
tional.
2. The objection to the valuation Of the
personal property by the appraisers is over.
ruled. No evidence has bcecn presented that
tho personal property of the debtor, Ware,
has been estimated below its .aluo, or that
any error or fraud has been committed by tho
appraisers. As to the personal PROPERTY
CANNED ~ a third party, it is sufficient to say
it has not, been assigned to the debtor;
and if tho plaintiffs deny tho right of prop
crty and the bona tides of tho claimant.
This Court, therefore, declines to order q
rc-vaiuation and rc.assignmcnt Of tho perso-
nal estate made by the appraisers to tho debt
or, amounting to five hundred dollars, and
set forth In their return.
Sd. Tho objection taken to tho valuation
vhc homestead of tho debtor is sustained.
The afidavits submitted by tho plaintiffs and
defendants are convicting as to tho market
valuc of tho homestead, out.buildings and
lands oppurtcnant. Ono Of tho atlantis liking
tho value at $3.50, and another at $5,O00.
Other atlantis estimate various intermediate
The weight Of testimony shows that
tho dwelling, out-houscs and lands, aro worth
moro than ono thousand collars.
The 80 Section Of tho II Article Of tho
Constitution Of this State, describes with
remarkable precision what is intended to BIC