davidaulloa/AmericanStories huggingface dataset:
The Orangeburg news. [volume] (Orangeburg, S.C.) 1867-1875, 1873-06-28
Important Homestead Decision.
Weste'7t District Of North Carolina.
District Court, .Jmc 3,'I 1873


III llls case lG is ccfClncQ Dy the
Register, that the following questions
arose in the course of proceedings, were
stated and agreed to by the counsel OF
the opposing parties, and presented to
this Court for adjudication
1st. ais our present bankrupt law
unconstitutional because not uniform 2"
2nd. Can the Bankrrpt-I4a Law have
retrospective effect without importing
the obligation Of contracts aud has Con
greSs such power p
3rd. SIS the petitioner eutitled to
said lands (thc homestead set apart by
assignee) as part OF his righ,fui cxcmp-
tons as against Judgment rendered
prior to the ratification of the Con>titu-
tion Of North Carolina upon contract
made before the present bankrupt law
was enacted"
4th. Should not the lands he sold
by the assignee, and the proceeds arising
from said sale be distributed among the
cr ditors whose debts were made before
the ratification of our present tate
| Constitution -
a written opinion was filed by II. G..
E"ort, Esq, Register in Bankruptcy,
upon the various questions certified
Graves n Lyman, Att Us for Bank.
rurt. Pickcns, Attorney for creditors.
| Dick, il concur in the able ap,,
we'll prepared opniou ofthe Register
uron the several questiins wlrfch has-6
been certified to this Court FOR a,ijali
cation. SsSsr
IN re Rcckerkord, 4, b, r, 80, the
l, ). Circuit Court Of VI issouri decided
that, "lhe provisions OF Sec. Il of the
Bankrupt Act adopting the exemptions
IN ia, or ofcxecutinn de!..nrs a-t.h,i.hsI
by the laws Of the several States does
not destroy til. uniformity OF the Bank
rupt Act, nor vinalc any OF the pro
visions Of the Federal Cunst:tuti III -
! he question decided was dire.t!y
, " ""I "''.'''''n' an ''e 'p'n
" y '>''' . Is POSITIVE
w ,''U S'''i' u nave been
feel safe in relying upon any legal
~, ~ NV 10 '"''e
.;., :,:I " " n'" whose ]"''
:, ~ more con
-. VI 'u'''''
T,o , or
doo. 49,, ..-:m '' =,
.;c:
:. -.
State ,xr,n,i,rs ,ro a1,,,a,, -,
p, s. Ma, D, ,o-a
,. ;.
lima en- 700
.o,,,o ,...:
,,o ,.;ro, >,
~,
""O !'' i'So u
90 i''' '''
Ii. - " @ '"'"'' cut
,'''''o,'' anu
,.r;, ll,s '
p.r. a..
c,,,;, '''' '' '''' '''''''
aa,a., ,a,n ''': r''''>,'' ''I
.a.. I..ll.,.. O e'"9 ''' ''u' !
~ o,.:.o. ~ ~ >" "
The Orangeburg news. [volume] (Orangeburg, S.C.) 1867-1875, 1873-06-28
A New Hampshire Farmer.
He Is MADE CRAZY BY HARD WoRK
IN FLORIDA.


'"''e years ago 'armer named sawyer
came 70 ne" smyrna / I'orlda' from New
'i""' "'PS''''e' nc 'o"nu a ine hammock
'''Se '"'e' i"i'e' Sou'n OIL the hotci ana
P.c-'"'P.'" IT, 10 was S'toa'ed on the
'"S' "' .n' ii'''SOorou5h river, ana
'o'0'o' WIN Oeau''iu, caooaSo p@linet
''' nc great lurnouii swamp
''"'S'"eu IL Oh '"o west. sawyer went
- "o'N WIN 'he ihaom l'"Olc energy oil
,"' ''uo "nNcc iarner' NC ou'I'
~ s"'"'y e's"C 'oc' square, ana thatch.
co II "'n palmetto leaves lie was
a,"N'' has ins neither "i'e nor chhdren.
'p i, gay ''sNI IN 'ae morning. he
"'' Z" - '"'', "''H' cutting out inc 'h'ck
"oP'''' o"E' 9'oM,h' ana burning out
'"' 9'"c"5 'oe'' nc ho' summer DAYS
'''nc' Du' 'he NC" hampshire farmer
.ooH no rest N''h'nS' no'n' ana n'sht
"' ,'o"'cu '"c S''nc as ne would nave
""f%cu upon u i"rm among the Granite
ms ) ne c'''l''e ialIvu 10 MAKE h'm
''"y' h'S hc"teS' he'Ghoor was thFee
,';', ".'' ,', ''S'on''9 nc para
nun iS''' Ou' Always aittr uHrN. Ills
III " "''"'' was oi Tue primitive ORDER and
"c S'tp' upon " pea Oh ooHthern moss
"'N" "u So! 'o ''o'n the cypress
~ :" 1,"' III s"'"P' = i"'oF was
'"' S"''e 10 ".Hi as summer IL dii not
~" MS '1Dor' except 'hae 'he Gays
were SnoFteF' lhcre was neither snow,
wv D?' ,''S'' III il.t "e coula False
anu eot "''S 'hau he
w;,,, u ~ P'V'noo'
'-'''''.'' >'n"S - ''e'''eu
~ 'N - suit nc p''n'ea II
"'''' 'o' a. ov''S' ""u potatoes OCCASION
,"9 SI'I'"a o'' 0'''eF s"e5s o''hsc
" fo'',''' Hnl o'lns 'urheu
" w. ,r' u"' '"' 'ot" a'u not amount
S s''e's' ho"e'er
tMeu up
'''''' i'''oi vac
III -, " '"'' "e
" "''rs &C t''' o'
.l "o, 80 "a "n's'>
! :, " " ""00". /"
=; '''' q "''
, r ''''' "''s
,,,.,o =, I"' '"0 ,!
-, e.. ,al, 'O'', ''O "a
,",jl ~ 1"o 'c''',''
oro.m,l..i,. = - D'"'
n,o :,
ou s,wvor MIA o,.,t,., ,m.,,,, - ~.
,,r o,,,,.oo,,,I,. h,.a.,.Y "
70 ,,r. n;,h i; ~
, ,;,
,.I,r In, !, 49,. y,
uoy., h,., ,.., >. ,.,,
,,,,,t;n >, ,lo ...: ~, ' "
.,, .u. ''
,,;vo 1;,.l -.
J. 49, 80 80 81 =
I,.t ar'l.;., u;' ~:
49, ' ~
,;,n lF,"7
s-;r;.. r.1 ,i.;,ol
ana ,o,d linn ,bot Adam had worro1 :,
the .;,,d.r ~ rJor w;l,o,t s,,;., onh
,nl ,i,,, w,,lGo1;,
,,ll. +, rJl,v ,l,,,. ,.n,l. II
. declared that ,bo s,,ir;,s emma, ,;,,
evcrv ,,;cht ,rl a;.,,,o, - r;n, 49,.
rcamy Of manuscriot
!, woe or;dort ,h,. c
cor,,c cr,vr ono a., .i;.o :
The Orangeburg news. [volume] (Orangeburg, S.C.) 1867-1875, 1873-06-28

| power TO do away entirely with contracts
as such result is the very object and
essence of bankrupt laws But it is
insisted that whileSCongress may have
this paramount power over contracts, it
exceeded its authority in cnactiug that
State exemptions shsH be valid against
liens by judgment or lecrcc any State
courts" This is equivalent to saying
that the contruct ma be impaired, but
the rcn,s,iy must notsoe intayiorrd with
the Pr1c4at may be destroyed, but
incident is protected against legislative
There is nothing in the nature of
liens Why they shoual be thus specially
protected, as they are not vested rights :;
but there are strong reasons why they
should uot be recognized and enforced
by bankrupt laws. Thc Gu orccucnt of
Ilcns is certainly contrary to the policy
OF general system of bankruptcy the
! object of which is 70 distribute the e,
tate of an insUlvent debtor among all of
his creditors, upon the principle that
equality is equity. Liens, upon general
principles, certainly deserve no special
favor and protection in Lankrupt laws.
lhc Bankrupt Act, before the amend
mcnt of March 3, 1873, in cxrress
terms avoids liens ynlil under State
laws and created By the levy Of an at
tachmcnt within four mouths before the
commencement of proceedings in bank
rnptcy, and this action Of Congress is
generally conceded be constitutional
Congress has even intcricrcd with
"eStetf rights, for by the 35;h section o!
the Bankrupt Act, assignments aud
eonvcyanccs made under certain ci.cum
sta"ces are avoided, although such as
sigrmcuts and cunvcyanccs are valid a,
common law and under the l,ws IF the
state, and the parties have acquired a
complete title and possession or tho pro.
rcr'y conveyed.
have very decided opinion that
! Congress did not exceed the um.ts of It's
Constitutional powers in cnac'ius IT,,
Act o" March 3, 1873. Ialso ,hiuA
that Congress, under lis general powers
over Tie subject Of bankrupt Y tou..
avoid all lleus, whether existing by
/ statute bv usaCc by rynr,sS cnrtr.,r.
The Orangeburg news. [volume] (Orangeburg, S.C.) 1867-1875, 1873-06-28
VOLUME 7.
THE ORANGEBURG NEWS
-:o:-
PUBLISHED AT
ORANGEBURG
Every Saturday Morning.
BY THE
ORANGEBURG NEWS COMPANY
TERMS OF SUBSCRIPTION.

TERMS OF SUBSCRIPTION.
One Copy for one ycar................. S2oh
" Six Months...,.. 90
Any one sending TEN DOLLARS, for
Climb of New Subscribers, will receive an
EXTRA COPY for ONE YEAR, free of
charge. Any one sending FIVE DOLLARS,
or Club of New Subscribers will receive
an EXTRA COPY for SIX MONTHS, free of
charge.
RATES OF ADVERTISING.
Square 1st Inscrtion............... Sl.7o
{" I'd Z" l'oo
A Square consists Of 10 lines Brevier or
enc inch of Advertising space.
Administrators Notices, ............."...S5 %
Notices OF Dismissal of Guardians, Adj
ministrators Exccuto ors, &c............S9 90
Contract Advertisements inserted upon the
most liberal terms.
MARRIAGE and FUNERAL NOTICES,
not exceeding one Square, inserted without
charge.
Ba- Terms Cash in dvance. -ysa
The Orangeburg news. [volume] (Orangeburg, S.C.) 1867-1875, 1873-06-28
/. SATURDAY MORNING, JUNE %, 1878.

away anu his nrOperty be equally dis
tributed omopp all of his crodirors ,b,t
b,nkrun,s who m,te =, bonost Cur
render of their effects shall be disebor. d.
ged from all nrior dob,s-tb,t all ouos
,;,,. r,.; h.l
and creditors shall be adjusted and
administered in the same courts and bv
The same forms md modes of nrocoedipo
These general purposcs of bonlrn,t,y ,y
are certainly provided for in tha nrosont
Bankrupt Act, and are everywhere
administered with uniformity in the
federal courts and this is the extent Of
the uniformity required by the coustitu-
ton to make such laws operate equally.
justly, eiiectuuly and bcneficinlly in
every part of the nation.
The Bankrupt Act in some minor
particular must necessarily operate
differently in the different States. Thus.
the bankrupt law regards as valid the
"''' 'i"'''o'0 'e"' cA'sI'hS oy law
I" 'he SeVern! States; aud rs the nature,
force and effect of such lieus are dcpcu
dcn' upon local laws they will, in some
respects DC Inherent IN the different
''ales'
ne I'ns''sh doctFine OF the equitable
Nv" VI Il vendor OF purchaser OF real
estate Is organized In some OF our States,
anu uot III o'he's; ohd where 1t exists it
= e"'o,'eu III ''e courts OF bankruptcy
y oa nhrppt court adjusts the rights of
''eIi'''S' ana administers the effect ofa
o'nN ruPl' S""Ject TO the charges: wheth
~ WY ol ilcn or exemption, which
The Orangeburg news. [volume] (Orangeburg, S.C.) 1867-1875, 1873-06-28

"o"'iSHSd' NC C"IlS'lAuNIOhuIlt VI IulS
legislative action would be SUSTAINED in
any court, although it impaired existing
and sndsto,ttl ryIhs. The enlightened
legal principles that control this ques,
tisn will certainly sustain the homestead
laws Of this State, upon the grounds Of
humanity and wise public policy
These laws do not destroy vested rights,
disturb specific liens or abolish any
lcgil remedy, but only postpone the
time OF their enforcement.
do not regard the case of Hill v
kcssIcr as ovcrrulcl by Gum V. Barry,
but | viii not consider the question fur
thcr, as it belongs more appropriately to
another tribunal.
TIE question presented for my deter
nriaatiou is how lar does the ease OF
Guun AMI Barry effect the homestead
rights Of imsolvcnt d,bto:s in court OF
bankruptcy. In that case it is decided
thus: Congress cannot, by authorization
or ratification, give the slightest effect
to Il State lazy or Constitution in conflict
with tic Constitution o! the United
States. This instrument Is above anl
beyond III" power of Congress and
the st ties, and is alike obligatory upon
both
admit the sounlncss of the legal
Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1873-01-17
---------~----------4-------
LOCAL KHsEVlTIES.

| Wild ducks, in considerable numbers, made
| their appearance again on the river tins morn
ing for the first time since the late freeze.
Many of the street lamps in the ls Ward
were unlighted last night, and much incouveni.
ence was thereby occasioned.
The hall of On uptown residence was entered
a night or two siuce by thieves and several
coats, hats, &C., stolen.
The Alexandria correspondent of the Balti-
more Sun says that the liquor dealers in Alex
andria intend to contest the validity of all laws
that affect their business injurously.
The tug boat Mary Lewis was hauled up on
the ways at the lower ship-yard this morning
for repairs. The Atlantic is also undergoing
repairs at Prince street pier.
The attention of the Superintendent of Pc.
lice is directed to the crossing at the intcrsec-
ton of WiIks aud Water streets, which Is al
most impossible.
A large red mink was shot and killed yestcr-
day evening on the ice in the dock just south
of the pier at the foot of King street, by Capt.
AL Fair
The special committee of the City Council,
10 whom was referred the subject of a city hos
pital, advertise IN another column for proposals
for building the same.
The ice house Of Mr.. Joseph Chauncey, at
West End which had just been completed,
caved in yesterday evening short while after
those who had been working in it had come
out.
The magistrate who released the colored man,
Thornton Hyatt, on bail was Mr. Thomas, who
lives at the toll gate on the Washington and
Alexandria turnpike, and not colorcd man as
heretofore stated.
The case of john Horscman against the
Potomac Steamboat Company for damages
sustained by plaintiffs row boat from the too
near approach to the wharves of this city of
one of defendants steamers, has been decided
by Justice May in favor of the plaintiff.
Complaint has been made to the Mayor by
W. i. Powell, teacher of the colorcd school
near the Bridge Pump of certain colored boys
who have been interrupting the exercises at
that school by throwing snow balls at it, and
the police have been directed to look after the
Offenders.
James Ii. Cross is the name Of the man who
was brought down on the Lcesburg train yes
terday evening under arrest. lie was arrested
beyond H lvl %4a by O Ct SIs k ty With
stealing horse from John Ash, and mas taken
to Fairfax county this morning.
It seems that all the horses attached to the
wagon of Messrs. Roberts u Hunt, which was
run over by the A. Il +. r. R. cars yesterday
evening, were more or less hurt but though 1t
was thought last night that some OF them
would die, this morning they are SAID to be
impruyng
Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1873-01-17
TELEGRAPH NEWS.
ESPECIAL DISPATCHES TO TIE GAZETTE
CONGRESS-.
WASHINGTON, January Il, 1873.
SENATE.

SENATE
In the Senate, to-day, after the presentation
Of number Of unintcresing reports, the bill
for appointing commissioners to attend the
Vienna exhibition and appropriating $%oo,0M
therefor was again called up.
Mr.. Carpenter moved an amendment appro-
priating S3O00Oo to be expended under the
direction of the Secretary Of War in the conl-
pletion of the Washington Monument. Mr..
c. said that this did not contemplate flush
ing the monument in accordance with the orlGl-
nal plan. 1t was now on the lowest and soltcst
ground 10 the city and if 600 feet Of stone were
added to it, it would be sunk out Of sight lie
did not care whether the appropriation was
made to finish the monumcn, or to demoilsh 1t,
but he was tired Of seeing it in its present con-
ditiou.
The amendment was Withdrawn and the bill
passed, ayes 80, nays 70.
The Senate then took up and discussed bill
to reorganize the mints and coinage Of the
United States.
HOUSE OF REPRESENTATIVES,.
The House Of Representatives passed bill
continuing the Southern Claims Commission
for four years from the expiration Of the pres
ent law
The Commission have reported 300 claims
for payment and an appropriation for this pur-
pose will be reported at once.
Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1873-01-17

FlREMEN's MEETINGS. Friendship Fire Co.
AT called meeting of the Friendship Eire
Company, held at their hall last night the
President DR.. }: B; Jonhnson, was ii. the
chair, and WIN. barley was secretary. The
men parade on the 22l proximo, was receiv-
ed and accepted, aud the company unanimous.
ly refused to take part in said parade.
SIM Fire CompunH--A called meeting Of
the Sun Fire Company was held last night in
the hall of the Hydraulion Company, Vice
President Sullivan ia the chair, and w. e.
Markell secretary. The committee on the Fire
men parade reported progress, their report
was accepted, the committee was continued,
and on motion Of MIR. George Smith. they
were instructed to report to the general COM
mittec that the Sun Fire Company deolieo 60
Join the proposed parade on the 22d proxlmo
The committee appointed to enquire as to the
price that could be obtained for the suction
belonging to the company, reported that
McssIs Dritus and Bladder had each offered
500 for it, and the committee was instructed
to Sccll it ut once. A committee was appoint
ed to make list of active members to DC re-
corded in the office Of the clerk of the Corpo-
ration Court, and Messrs. WIN. Markell, Thos.
Dobie, Hiram Webster and Gee. Smith were de-
sgnated as the committee A committee con-
Sisting Of McssrS. D. LSmoot, Al. Weddcrburn,
Hiram Webster, Hugh Latham, S. W. Markell
and Thomas Dobie was appointed to draft a
new constitution and set OF by laws for the com
pany. The meeting then adjourned.
Go7uD,Lm Fire Company called meet.
ING of the Columbia Fire Company held at
their hall las, night, the President, D. A.Wind
snr 10 the chair, and NJ. Mclean, Secretary,
the report of the committee on the proposed
tiremen' IS parade was received and accepted,
and the company decided to turn out on the 22d
of February next with such other companies
as may take part in the procession. The meet
iie Their, without the transaction Of any further
business, adjourned.
Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1873-01-17
w. IL d. Il. IL.
Railroad Meeting in Lce&5ur3.

LEEsBURG, Jan. ia meeting to take in
to consideration the affairs Of the Washington
and Ohio Railroad Company, ITS management,
the States interest in the stock, Sc, was held
here to. day and was sparscly attended.
After discussion, resolutions were adopted
requesting the Legislature to instruct the
Board of Public Works to resume control Of
the States interest in the stock Of the Com
pany 10 the interest of the local ock!Ioldcrs
and the counties along the line IF the road, lard
requesting the Senators from the district and
the delegates from the county to urge the
speedy contamination Of such measures AZ will
effect the object desired By the meeting.
Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1873-01-17
From New York.

New York, Jan. l7.-Another dense fog
prevails this morning rendering ferry navga
tons tedious and dangerous.
There was slight panic in the st. Denis
Hotel last night caused by Il fire 10 one Of the
rooms which however, occasioncd but sli ght
damage and was soon extinguished
Rev. w. G. Clark has been expelled from
the New York Conference Of the Methodist
Church for carrying on lottery ostcnsibiy for
the benefit ofa mission house and free reading
room Clark continues to serve a church OF
his own in Brooklyn, apparently successfully.
The report of the finding ola bottle Of $trych-
nine in the cell recently vacated by Stokes is
erroneous. The drug was uiux vomica aud
had been medically prescribed.
Rev. Josiah Lcavett, d. D., associate editor,
ing from apoplexy while at the residence Of
his SON.
Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1873-01-17
KaiIrOnG Accidents.

CoLuMDUs, O., Jan. l7.-AD accommoda,
ton train on the Little Miami railroad this a.
m., jumped the track when about two miles
froul this city. Two cars containing rasscn-
gers rolled over twice, throwing the passengers
about promscuously and competing them 10
make are exit through the windows. no one
was seriously hurt. Those who were bruised
are Secretary Of StateWickof. Representatives
Holderman Shank and Oven, and Senator >.
Q. Smith and lady. \ dct@c'ivc rail was TIC
cause of the accident.
PORTLAND, Me-, Jan l7.-I estcrday near
Wells Village, construction train in back.
ING down. ran against stock of timber, and
the first car, containing gang Of laborcrs was
thrown off the track against rock and broken
in TWO. Twenty or thirty pcrscns arc reported
more or less injured.
Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1873-01-17
The SANTANA Bay Purchase.

New York, JAN 1.-The secretary q! INC n,
SANTANA Bay Company says it is stipulated with
the Dominion government that the company Is
To nrotect itself from outside interference, but
the company counts upon the sympathy and
aid of foreign governments not III opposition.
The company will first declare SANTANA Bay
free port to the whole world. \ Washington
dispatch to the Herald states that Congressman
consider the SANTANA Bay scheme impractlcl
bic, aud the Hayticn Minister thinks, the
American purchasers will find that they have
made bad speculation, it being tit Tor nothing
but 4 naval station.
Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1873-01-17

CONFORMATION CoURT-Juelge E. NJ Lo'oe
rrsiaiug- OF yesterday $
pnocEEpINGs.-C vs. John II. Adams; on
an Indictment for larccucy from the person;
Jury could not agree, aud by consent juror was
withdrawn; jury discharged and case continued:
To- DAY.-Catts VS.. Stewart; on Justices
attachment: money paid in Court by garnshcc
and ordered to be paid to plaintiff on his giving
bond according to law.
License to keep an ordinary was granted to
Catharine Gorham. ;, ~,
Beck, Knox T. Kirby VS. Woodbury. v heel,
Or. in case: Jury sworu and verdict for plaintiff
for two o Hundred s and fifty dollars with interest
from Sept. /, 1871, till paid. The defendant
moved the Court to grant new trial.
Chas. n Taylor vs.. 2. H. Hoofh; in case s
aSsumpsit; jury and verdict for pialntin LOT ?r
SOS with interest from January II, 1878 till
paid; Judgment accordingly and for costs
W. a. Bagley VS.. Nagee Il Lyons; IN cove
nant; jury sworn and case in progress.
Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1873-01-17

SMALLPOX. One new case of smallpox,
that of colored boy living in a court in the
center of the square bounded by King, Alfred
Prince and Patrick streets, was reported TINS
morning. He had never been vaccinated. his
mother is an inmate of the Poor's House, and
was with him day or two ago. Considerable
excitement was created on south Henry street
early this morning BY a colored man named
Sam Yong, who, thickly broken out with the
disease and laboring under the fever delerium1,
had escaped from the house in which he lived,
and was running about that locality in an al
most nude state. He was finally secured by
his mother, taken home, and afterwards sent
to the smallpox hospital, to which place several
other cases were to have been taken to day.
The Board of Health had q meeting last night
aud made arrangements for the care and nedl-
cal attention of all the cases that may be sent
to the hospital and directed that certain pa
tents be sent there at once.
Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1873-01-17

HEAVY RAMA heavy and long continued
rain fell last night, and the streets and paved
side walks were we'll washed. and the mud on
the unpaved side walks so hardened that those
thoroughfares were passable this morning.
Such volume of water rolled down Pitt street
that considerable damage was done to the inn
proveiueuts in progress on the northern ex
,remity Of tina, street, about two hundred cart
loads OF earth having been washed away. No
preparation had been made for rain, but the
chain gang and the laborers on the damaged
work were set to work early this morning in
cutting a drain so that the water could run Dit
via Royal street.