The western sentinel. [volume] (Winston-Salem, N.C.) 1887-1926, 1888-10-11
RADICAL CLAIMS EXPOSED.

haQlcaIS nave claimed tnaL the AanDy
Constitution made the first provision
in NoI tn Caralina for
1. Homestead and personal pc pcrty
exemption.
2. Laborer's lien.
3. Married woman's rights
4. Adjustment of imprisonment
for debt
5. Free suffrage for white men
6. For allowing Jews to hold office.
OF course it would require enor-
NOUS cheek 10 make such claims, but
that cheek has not been lacking in
the past and doubtless will not be
lacking in the future
What then are the facts? We will
take up these claims Que by one and
answer from the record.
1. HOMESTEAD AND EXEMPTION LAW.
The Legislature, and Democratic
Legislature at that, at its session OF
1S66,67 passed can ac: to establish
freehold hpmes:eads," &c. See Laws
1866 81, p. sl This act curtailed
and abridged, however, both In value
of homestead and amount of personal
property exemption, was during the
the next year QS68) incorporated
into the Cabnys Constitution, and
forms Article X of that remarkable
instrument. Bearing upon this we
present the following extract from the
opinion of the Court in the case of
Garrett Us. Cheshire, SO n. G. Su-
preme Court Reports, which opinion
was concurred by radical Judges
Pearson, Reade, Rodman, Settle and
Boyden, and reported by the Radical
Attorney-General of the day, Colonel
Hargrove In delivering the opinion
of the Court, Judge Reade says:
"Our act of 1856, Rev. Code, ex
empts personal property, articles by
name, which may be the value of sew
.eral hundred dollars, more or less, ac-
cording to the circumstances of the
debtors family. And in 1S66-'67,
prior to the existence of the debt in
the case befnre US, an act was passed
exempting 'all necessary farming and
mechanical tools, one work-horse, one
yoke of oxen, one cart or wagon, one
milch COW and calf, fifteen head of
hogs, five hundred pounds of pork o
bacon, fifty bushels of corn, twenty
bushels of wheat, household and
kitchen furniture not exceeding 5000
iu value; the libraries Of the attor-
neys at law, practicing physician anC
ministers of the gospel, aud the in
gments of ofsargeonsand dentists u.s.
e In their profession Acts of 1866
e chapter 81.
at is apparent that an allotment of
IL. Il G. 000
and IN many cases would exceed that
sum in value And the same act al
lows homestead of 100 acres, with
out restriction as to value, which in
many cases would be worth, with the
improvements many thousands.
s'In 1868 our Constitution was
adopted, and in that our present
homestead law is limited to 700 re-
atty, not fee simple, but for limited
time, and personally to the value of
$500. Can't it be said of our home
stead laws, as the learned Judge said
! of the Georgia law, that any one in
! casting his eye over them, as compar
ed with former exemptions, would be
struck by the magnitude Of increase ?
Our homestead law is not an increase
:but restriction upon former exemp
tions.
It is plain then, that the first claim
lis without foundation.
2. THE LABoRER's LIEN
The provision made for Laborer's
Liens incorporated into Article x of
tie Cabny Constitution in 1868 is
identical y ith that made this year be
fore by the Democratic Legislature of
of 1866-'67 in the act above referred
to. See page 81 of the Laws of 1866
The bill which was made law by
the Legislature OF 1S66'67, composed
as above stated, OF white mep, who
were of course, Democrats, was intro
duced into the Senate by that old-fash-
ioned Democrat, Mr.. Berry, of Or
ange, and passed by vote of 38 to 6.
The House passed it without uissent,
as reesrted from committee of con-
ference on some points of disagree
.ment-
The second claim therefore falls to
.the ground.
8. MARRIED woMAN'S RIGHTS.
From the same source that it got
the provisions above referred to the
Candy Constitution got its provision
In regard to married wamans rights.
See Article K, Candy Constitution,
and Laws of 1856 '67, page 81.
The third claim therefore falls to
the ground.
4 ARoIJsuMENF OF IMPRISONMENT
FOR DEBT.
The six. eenth section of the first
article of the Candy Constitution,
adopted in 1868, prohibits imprison-
ment for debt in North Caroline, save
in cases of fraud.
A Democratic Legislature, howev-
er, had, a year before, at its session of
1866 '67, made that very enactment.
The Legislature was not only almost
unanimously Democratic, but was
white as we'll. The bill to abolish
Imprisonment for debt was introduced
into the house on January 24th, 1867,
by Mr.. Dargan, of Anson, Democrat !;
was referred ON the 29th to special
committee Of three Democrats, Messrs
Moore, Dargan and Mckay was re
ported from the committee on the 30sh
and on the same day passed its three
readings by 81 to IS. It came In the
Senate on February 18th, passing its
second reading "a to II, and on 10th