The New York herald., 1870-01-29

St2teS, IOr IL was specially III lcAVichSo
to that amendment candidates were nomi-
mated and afterwards elected; and, added
to this, General CANDY was particularly care
ful In subecting each individual member to the test
OF the oatn coming under the fourteenth amend.
ment prior TO granting them their certificates OF
membership, when tho body met TO raty the
amendments aud organize. -Four oaths, II Will
be remembered, including an oatn similar 10
the frat In the act OF admission, were presented to
the members CT the Legislature by Colonel Mallory,
General Canby's military Secretary OF State, and
unless each member had taken oil OF these, except
the ironclad which was among them, he would not
have been allowed to take his seat at the first meet
ing OF the body. The iron-clad oath was the only
one from which the members were exempted, and
that by opinion OF Attorney General Hoar. All the
others hadjto be subscribed to- Even after express
ing willingness to take the oath under tie
fourteenth amendment some few OF the
members were subjected to rigid examination
py General Candy himself, because Of some doubts
that he cnte rtained as their having held office be-
fore the war and afterwards engaged in rebellion.
AS far therefore, the oaths are concerned neither
the members OF the Legislature nor any OF rhe
officers elected July last will be affected by them
and being imperative now they VIII be so hencefor-
ward, as the constitution OF the State Itself effects
the object for which they are intended
With the Presidents signature TO- the Dill General
Canby's authority ceases. The State resumes her
government is changed. A county ORGANIZATION
system goes into effect totally foreign to the ancient
customs, habits and inclinatlcns or virginans
Each county Will have corps OF officials that, here
toiore, would have satisfactorily performed the civ
business OF half dozen. There IS To be Q
weaith's attorney, q county clerk, a County
treasurer, q superintendent OF the poor
and superintendent or puDlic schools in each
county. Counties are then divided into townships,
each OF which VIII nave supervisor, town Clerk
an assessor collector commissioner OF roads, M
"A
constable. The judges Tor the countles are TO DC
elected by the Legislature all the other officials by
the peOplecOunly elections taking place In NOven-
Der and township elections IN May. Perhaps IN tins
county organization system the substitution OF the
Judge for the old bench OF county magistrates the
most important feature and, II suitable and cOmpe-
tent men can be selected to I'LL the POSITIONS 1t may
the dlnculty. 10 secure the service, OF a man OF
proper legal requirements salary ranging IRON
Two to three thousand dollars would nave nave,
hundred Judgeshlps OF TINS KIND 10 be
nIled such an amount would necessitate
taxation which, with all the other county
expenses added, would be unbcarabe IN the present
poverty stricken condition OF the people Of Virginia.
it has been suggested that The only remedy by wnlcn
this sysIem could be alleviated would he the
appointment OF one judge Tor three or lour small
Counties with salary or say $500 OF $500 Tor eacn
and certain expenses, ana this too Without inter-
ferIng with the letter and spirit OF the constitution.
BY such plan men OF abiliIy, integrity and charac.
ter can De found to I'LL the responsible positions Of
judges, upon whom VIII devove The greater portion
oil the judicial business or the State.
and thae is from the moment OF the Presidents sig
nature, the law staying the collection Of debts be-
comes null ana void, though General Candy oy an
orGer extended 10 ten days after the approval OF the
constitution by Congress. In this the General evl
IDENTITY trauscended his authority, for II could
render imperative a provision OF the constitution
for ten days, why not Tor MANY years and ii
provson, why not the entire instrument llsetI? The
Legislature adjourned to meet TWO weeks after the
admission OF the State, tine second Tuesday after
the approval Of the constitution by Congress- and
during tins interval there ls no reason why every
n n
meantime. This would involve the sacrifice OF The
greater portion OF the landed property IN the states
but while suct d wholesale onslaught or creditors
upon debtors viii not tncn take place, there Is
doubt that an Immense quantity OF property VIII be
Canby's illegal ten day order and whatever feeble
aid the Legislature may afford the debtor one
deems it with the farmers ana Planters Is
the homestead exemption OF $4,000 worth
real or personal properly from distress
present exist under the code Of Virginia. BY rhls
homestead exemption clause many family win DC
saved the fearful trial OF being turned rom the
homes OF their forcfathers TO begin life anew
Though broad acres may have to be sacrificed 10
SATISFY creditors yet the consultation saves the nome
stead to the value OF $1,000, such other real or
personal property as the head OF the household may
choose to select In ADDITION TO that the following
articles exempt under the old laws OF The State
Fua-Ihe family Bible.
sondfamily pictures and library for the of the fam
ss for the debtor and
OF the family al and appendasc necessary
romasyone cow, one horse, six chairs, one table, six
nnves PIX forks sS plates one e. dozen spoons two dishes
loom, safe, spinning wheel pair csyd. axe.
two soe ye barrels I ot corn hvs bushels Of wheat
dollars worth Of forage one cooking stove and
sis Of his trade not exceeding 500 Ia value
FgtA.ilf the debtor be actually engaged in agriculture
mule. in lieu thereof will. necessary searng ono wagon
| fork. rake and two iron wedges.
Tnc homestead exemption under the constitution
| is applicable for debts contracted heretofore and
also hereafter; nut the 81 100 worth or property is
not exempt from liabilities, such as its own pur-
chase money rent, labor. NC. A great many 6usl.
ness Of the opinion that this homestead ex.
empton WILL IN great extent, 90 away with the
| credit SYSTEM for large number Of househoders
are not worth 5000, and where there Is no chance
OF making the debt by law credit will not be granted
The old law which limited the rate OF interest TO
Blk per cent per annum has been one OF the greatest
tmpediments TO commercial enterprise, home indus
try, the development OF the resources OF the state
and It's general prosperity. 1t caused brokers anu
financial sharpers TO exact the most usurous rates
for money, winch now readily brings two and q naif
to four per cent per month and 1t enecIuay excluded
capital from the state While merchants can borrow
small amounts for brief periods at exJorlonate rates.
owners OF real estate and valuable mineral property
could not induce the Northern capitalist to advance
any large sum or money for heightened periods AT
the legal rate six per cent per annum and though
higher rates are offered the capitalist cannot IN
duced to risk. The clause In the constitution upon
the subject OF usury At once removes these barriers
to the influx OF capital ana US the best security for
money mon can be given 10 Virginia WITH @ the rates as
i
profitable, but SAFE On this subject the clause Is
iOllows:--
Upon debts hereafter contracted shall be lawful
any rate OF interest," not exceeding twelve centm pei
annum which may bc agreed upon by the parties and
specified in the bond other writing evldenclng
debt When there IL such agreement OF interest
shall bs s1 per oentum anuum for the and orbear
| ancs of every hundred dollars.
1t is now the general belief among business men
that large amount OF capital VIII rapidly now
into the State, and to-day IL was argued that after
TING Official PRONUNCIATION Of the approval OF the con-
| stitutlon by Congress IT would be lawful to offer
| money at any rate not exceeding twelve per cent.
This 49, perhaps the highest legal interest in
the United states, except IN the State or Indiana.
AS soon as General Candy Is officially notified OF
the admission OF the State he Will turn over to Gov
| ernOr Walker the executive department., and Will
not thereafter interfere in the AFFAIRS Of the state.
After qualifying under the constitution the Cover.
| nor Will issue MS proclamation convenn the Leg.
islafure on the 6th proximo, witch Is rendered
cessary by the informal manner in which that body
adjourned. 1t Is proposed, as soon the Leglsa.
ture meets, to naugurate the Governor with all the
ceremonies OF such an occasion, when he WILL In all
| probability, give his views in more enlarged way
| on Sne analrs Of the State and nation.