The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1878-04-24
nllIsbusuugg Rstarpsr.
WEDNESDAY, ....APRILs2A 1878
fHE HOMESTEAD.

tusktaA W M1suS suo So - sNeSNsJ -
the City Of Refuge the Homestead iaw was
designed 70 %, ~ has proved . very Psndo.
ra's box. ont Of which all the evils that Ill
founded Lopes and unstable expectations
could generate. have flowed in almost I'M
broken stream. Since its origin. II has beef'
the question Of doubt and anxiety Of legal
contention 4 party warfare nothing heretO-
fore having byl been held as settled or sas
cred by the law; and in party conflicts. the
handy weapon by which one sideor the gther
was always menaced with crushing defeat.
Very recently, we called attention 70 .
decision of Judge Bynum Of the North Ia
rolina Supreme Court. the effect Of which
was to eramp the privileges Of the home,
stesd within the very ilafrowest bounds Of
utility. Now. We have usaiu 70 notice the
decision Of the Supreme Court Of the Unit
ed States. beyond which there iEo farther
appeal. and whose voice is conclusive Of the
question. shat the construction put upOr the
law under the opinion Of Judge Reade as
TO its non-retroaetiye character. was uncon-
stitutional and that ciaiuis Of credltorsi not
barred BY the statute of limitations were
not prejudiced by the interpositicn Of
homestead exemption. The case Of Ed
wards VS.. Kearsey vas taken up By writ of
error from this State for review BY the Unit.
ed States Court. and the doctrines held in
Hill rs. Kessier. the ruling one in this
State, we're reversed. ss.-e5--
This is not surprise to the legal profess
sion. and many Of its members have been
wise enough to provide for The interests Of
their clients BY preparing for The cofitiDgen-
ey 0. just such a ruling Nevertheless. it
comes with shock upon the debtor who
had faneiei himself freed from she night
mare Of old debts. and replurgcs him into
the troubles from which be had foddly hop
ed be was freed. For oil debts contracted
before the ratification Of the Ordinance Of
the Convention Of 1868, there is no relief
where not barred by the statute Of Limita-
tions. Coming Immediately upon the heels
of the repeal Of the Bankrupt law. and 10
the midst Of a general financial depression.
the decision BODIES immense temporary trOu'
Bile. If human nature exercises itself in the
Usual way inthe indulgence OflODg withheld
privileges. .at. .a.eE-
The Homestead is however unimpaired as
regards debts contracted subsequent to toe
passage Of the Ordinance Of the Convention,
add, except 20 far Is shorn Of It's bene6cen'
powers By the opihiOn Of Judge Bynum
will stand. mu.ilated monument. il is true
Of Constitutional wisdom. There is tbi
much Of comfort At least.
And there is one pleasant reflection il
connection With these decisions. The Home
stead Law IL the thBnderbolt the radical
have always held ready to launch At and at
initiate their Democratic opponents. Now
Il here was any wrong inflicted upon tb'
people BY holding them for years under tb
delusion Of an erroneous opinion. that Opiu
ion was enuncisted from the Republicsl
Supreme Court Bench u North Carolina
And ifthers is any wrong imposed BY ih
decision jusl made IN Washington, that De
eision was made BY the Republican So
prems Court Of the United States.
The Democrats escape the horn Of eishe
dilemma.
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The wi!ning,on Star. alone Of all ib