The weekly standard., 1870-07-20
Will the Homestead Stand.

| The new Constitution of North Caroline
provides the Homestead. We have nevc
had one before, and of course if the Con
stitution is set aside, the Homestead goes
with it.
The Democratic party, if it gets into
power, is pledged to call Convention and
set aside the new Constitution, and thcr
away goes the Homestead.
But in order to do away with the Home
stead it is not absolutely necessary to call q
Convention, or to alter the Constitution
because great many hold that the Home.
stead in the State Constitution is against
the U. S. Constitution, and therefore the
Homestead is void.
Whether the Homestead is void or not de-
pends upon the Courts. Our Supreme Court
has decided that the Homestead is good.
But that decision can be changed and then
the Homestead is gone
As general rule the lawyers in North
Carolina are opposed to the Homestead.
They are opposed to it because it is change
in the old order of things, and because it
interferes with their practice, and because it
is in the Constitution and makes it popular.
And We warn the people that just as sure
as the Democrats get. into power the Home
stead will go by the board, even if no con-
vention is called. Because their special
spite is against the Supreme Court They
assail the judges day after day for no fault
at all, and the lawyers have entered into
clans against the judges, and published
pamphlets against them, and the whole
Democratic party declares they must be
turned out of office and Democratic Judges
put in their places. If that is done then
away goes the Homestead. There is no
doubt about it. Let us prove it.
If the present Judges were set aside, who
would be put in their places? We canIot
say, certainly, but we suppose that Judge
Battle, Judge Merrimon and Gov. Bragg
would be certainly, because Battle and Mer-
rimon were candidates in the late election,
and Gov. Bragg has frequently been can
didate for seat on the bench.
Well, after our Supreme Cou.'t had de-
cided in favor of the Homestead, Gov.
Bragg made the point and argued it before
Judge Brooks of the Circuit Court of the
United States, and Judge Brooks de
clared against the homestead, so that even
now, while our citizens are entitled to the
homestead, as regards debts contracted |
here, yet if they have debts out of the State
Judge Brooks decides that they should not |
have their homestead. When Judge Brooks |
made that decision there were good many
lawyers present and they were delighted
with it; and Judge Battle got up and ex.
pressed qualification at it. And Gov. B1agg
and Judge Merrimon have just issued am
address to the people of the State, urging
them to put down the present State gov
ernmenl ..sstf
Now if these gentlemen were put on the
rcso'1 or II any OF sheirTp p4rsys=5scre put I
upon the bench, what would become Of the
homestead? Why, of course, just as Judge
Brooks decided against it at the instance of
GOV. Bragg and to the delight of Judge
Battle, they would decide against it. They
would overrcach the present decision,
Nothing is more certain. If there was anv
doubt about it an article in the Sentinel
day or two ago puts it beyond doubt. 1t
IS headed Judge Shipp and Mr.. Phillips"
who are candidates fer Attorney General.
And the article says as follows:
The office OF Attorney General, like that
IL Judge In North Carolina, is a political
me. SO long as they are elected bv tbc !
'eople they will be elected by party, and T
vii Oe expected TO render partizan decis. :
ons' There are two things to be noticed
this article first they want to take tbe
lection ofJudges from the people under t
nc idea that they are elected by party, n
ISL as II 1t were not equally true that thev 81
re elected by party, when they are elected >,
'he Legislature; secondly, that it is now a
le doctrine OF the Democratic party that .
ldges are expected to make partizan de. VI
sionS' Heretofore it has been supposed IL
at no matter what party elected Judge. T
would decide the law without regard to to
lrty, but the Democrats say $50 Ionp as l.,
ey are elected by the people they will be .
pected to render partizan decislons.n The 81
me article says, as fellows: te
Several OF Judge Pearson's decisions G.
ice his election by the Radicals have been 70
aored BY them because they were CoHser. | ii,