The Greensboro patriot [July 9, 1873]

              •
THE PATRIOT
PUBLISHED WEEKLY
AT GREENSBORO, N\ C,
BY DUFPY & MOREHEAD.
TERM.S—Ca.h invariably in advance:
One j«-ar $2, six month. |LSS.
CyAny perron sanding jfx subscribe™ will
receive on- co|iy ijratlt.
The Greensboro Patriot.
Established in 1824. WEDNESDAY, JULY 9, 1873. {New Series No. 279.
K.n.s of Advi-rtifeiiitf.
runtient Advertisement* payable in advance ;
i ear/if advertisements quarterly in advance.
lw lMO HMOS 3MOS (iMOS lrr
One inch, » 1 • 2 3 1 16 $7 * 1»
Two inches, 2 4 6 8 l!i lo
Tans " 3 6 8 \i 1« »o
Four *' 4 7 10 14 20 •£>
Fin " & » VI 16 2o 30
i Column, 7 IU 14 10 au Ml
i ID 1!> 20 aii 40 ...
1 16 2U :io 40 75 12&
Court onlft>. ■•* wth| I"; Magletrataa'
noticer, fiwrwMki, *.'<; AtlmiiiiHirator.' no
tteea, "in weeka, $•* •'»"—•" Mfaanev.
li table irtif" t*.r douli]** column ailr^riiw
iin-:-T-.
HpCCUl li.iticff .".(I {>«*> cciu. additional.
:tl per eeut. additional.—
Business Cards.
"WTM:. OOLXJI.TSTS,
Cabinet Maker, Undertaker,
Wheel-Wright,
Corner of Davie and Sycamore Streets,
Greensboro, g, C,
A I.WAY8 keeps a full lino of
\fetalic and Cast Burial Canes,
WVrklv ebaugea
Monthly chaag- IS per esot. uddiiional - Hal.,,,, MMl Ko.nvo.rt Lotting
lrarly fcilvtrtiin-uifiilK'liaii^i-l'jimit^rly whru \
urdwird. '
tyObituarie*, over iwi Yin**, charged
adrtrtir-r-un-iitu—payaM** in advsncr.
Professional Cards.
Jno. A. Gilmer.
ill,.
Jno. II. Dill.rd.
Murray K.
Dillard, Gilmer & Smith,
ATTOKN'KYSAT LAW,
and
SOLICITOR IX lUNKKLTTCV,
OtCcf over bank of Greensboro, opposite
Benbow House.
PKACTiCK in BUW and Federal Courts.
Siircisl allt-iit'.i,ii pfireii to matter* in ;
Bankruptcy,, ami causes arising under Inter-irnl
K.-venae, in l»i-iri«l Court of Western
Carolina. Collections in
•li.'ileU.
winch ran In- luminhed and delivered
within two hours' notice.
A j*ood Hears* alwajr* in readiuees. A
good line of
BED-BOOM FUBNITUEB
: on hand or made at short notice.
Picture Frames
Hade OB abort notice, from cither Gilt,
Walnut or Mahogany Moulding.
K<<i>airin£ of Jiiiggiett, Carriages, Ac, a
.* penalty.
ry Country produce good as cash.
feb l:lj
District "t North
."■•lute mid Federal Cuurt* noli
June'Jti, 1872. 205:1 y.
C. 1*. MKNDKMUI.!.. JOHN N.STAI*IJW.
MENDENHALL & STAPLES.
ATTORNEYS AT LAW,
aBEERIIwB*! W.C.,
Will practise in the Courts of (juiliord, Rock-iogbam,
Davidson, Fore/the, Stokes, Ban-aolph
and Alamance: also. U. S. Circuit and
District Courts. Sj^-iitl uttentiou given to
collections in all part, ot the Slate, and lo
flaw in Haukrupky.
If" Office MM dOOf North of Colirl_Hou««.
Jan. 27:ly
V. s. BALL, TIIOS. B. KKOtill,
BALL & KEOGH,
ATTORNEYS A T LAW,
(Up stairs, new Lindsay Building,)
0REEK8BORO, N. C.
Jan 1 -•: 1 v .
A. M.BULBS. 1. I. scal.KS.
SCALES & SCALES,
Attorneys at Lavr,
Oreenaboro, N. C,
PRACTICED the SlateandFedWalCoorta.
A.M.Srale" will attend the l'rohate
Court of KocklngtuUB County at Wenlworth
■ MI tin- 1st M li.yolVv.-ry month. jaiil5:lia>p
J. E. O'Sullivan,
Tin Plate & Sheet IronWorker,
I>K.\I.Kh IX
Planlabrtl, Japanned A Stimprd
TIN WARE, STOVES,
PUMPS, LightningRoJa, aV«.;Hfacil Plate.,
BRAS CHECKS,
for tloteh, Baloona, AT.
Gaa KitiiTiL', KootinL.', ((Uti**riiiLffaVe.,promptly
executed.
MerchauLri are iuvited lo examine uiy *ti>ck
before piircha»ing el»cwhere. j;m Sfclj
Watch-Maker,
Jeweler & Opticiau,
Creeuaboro, >. < .,
Haa constantly on band
a upleudid aaBortueut or
r anliiotiable Jewelry,
and Home xpleudid
Watches ami Clocks,
nil will 1 M- Mulcl < 'lii-ji, i tor ( ':I»!I!
Repentance.
He kiased me, and I knew 'twas wrong,
For be was ueitber kitb nor kin ;
Need one do penance very long
For aacb a tiny little sin f
He pressed my hand—that wasn't right;
Why will men have each wicked ways?
It wasn't for a minute—quite—
Hut in it there were days and days.
There's mischief iu the moon, I know ;
I'm positive I saw her wink
When I requested him to go ;
I meant it, too—I almost tbink.
Hut,after all, I'm uo*. to blame;
He to-,k the kiss—I do think men
Arc quite without a sense ef shame.
I wonder when he'll com* again !
exemplied in Hill v$. Keaaler, and . late the constitution, no donbt the
Garrett r*. Cheshire, were not legislature and ererynthen will sus-
A. S. UKKR1MOX. Tllns. C. PULLER.
K. A. AMIK.
MKKKIMON, FULLER A ASI1K,
Attorneys*!: Counsellors atLaw
Raleigh, X. t\,
IIMM, practice in the State and Federal
H Courti wherever their services' may
t a i squired.
OOci—Former office of Phillips & Merri-niou.
tyWatelien, Clock*. Jewelry. S^wiupMa
I'L.I.I'W, a:i ! Pistols repaired cheap ami on -ln<ii
notice. Call opposite the Old AJbrigfal Hotel,
East Market Street. lo-iy
t*%>' An aaaotted stock offiuiiM, Pistols,
Cartridges, ic, always on hand.
I1AYID SCOTT,
Jeweller and Watchmaker,
North Elm St., East »ide of tin- Court Hooaa
Will Work for Half-Prlee
Iii rvpHiriii^,* Watches, Clock* and Jewelry.
april S5:lj
N. H. 0. WILSON,
UFKc FIRE INSURANCE AGENT,
Greensboro, N. C,
mar 5:3iu ' O KPRESKXTS first-class Companies
XV with an aggregate capital of over
UAM'II COUUKLL, THIRTY MILLIONS DOLLARS.
Attorney awl Counsellor at Law, MJCM carry a foil iinoattairrat«s.
* lr Office, up stairs over W ilson & Sho-ber's
Kuiik, uiulcr tlieefficicut supervision
SOLICITOU IN UAXKKUl'TCY/of
« . II. mil , Greensboro, N. C,
IlMI.L practice in tliecourtn of Alainance,
T T Da) Idaon, Guil&rd ami Randolph, ami
ill lb* .Supreme Court of North Carolina.
Anil alwi in ilie Hi-jrict ami Circuit courts
of ill-- United State-, in the Western District
of N. C , and meeiallj in cases in Itankrupt-cy
and Internal Revenae.
Prompt attention (riven to collections, and
all »ilter business committed to hi* care.
BoaJMM in the above named courts solicit-ed.
Office, on Kurth Kim street, opposite tue
Conn II sp :to-ly
DR. EDWAED LINDSAY,
Physician and Surgeon,
aFFER8 his profeeaiooai serviees) to
who will at all times be glad to wait on
all who desire either
Life or Fire Policies.
mar 14:ly
C.has. G. Yates,
MANfFACTt'RKR OK
Tin, Miri'i Iron & Copper Ware
XI) dealer in Dry Good.-, Hats, Roots and
Wood Ware, Lamps, Crockery,
andGlaas Ware, Un.cei.es, Stoves, and a*-
■orted GoodJa, generallj. No. VI South Elm
. Street, Greenaboto, X.C. Goods sold low for
cash, or baiter. jau lU:ly
AXI) deal
Shoes,
0'
the citizens of Graenaboroand viuiuity.
ap9-l«
D. A. & R. F. R0BERT80N,
Surgeon Dentists.
Having associa
N. II. D. Wll«)S. ClIAg. E. SlIOBEK
« II>0\ & SIIOBER,
BANKERS.
GREENSBORO, K. C,
(Sootli Bin Street, oppoehe &cprciB Offic*-.
BUY and »n Gold and SIITCT, Bank Not",
8tat« and Gorcmmcnt BDnda, Kail Road
Btwika »n<l Bouda, Iu.
tf Reoeiv. Monej on depoait .ul.jecl I.I
teil tiieuiaelrea! SIGHT CHECK) and ullow ililii(".|
iu thopru. (K.-of In kind u| iim.-il.|..»itK.t('i:KHKNC"V
DENTISTRY, ! or SPECIE.
r,".pectfullyofferi DLcount Wniinewa I*ni^r!
ihfir ,.rotv..ion- Collections made at all accessible points.
al acrvice^to the) „ ,,. . , r
citizen, of S'I"- ''•"•• *T
~
Graenaboro,
:iml the .itrroun*
iliu^ country. <>i r the other of them
ean alwaja be found at their orhce on i
Lindany'a corner up stairs, entrance East
Market Street.
Satiafactor; rererei given, h*deaired,
from our reopecUTe patrons during the
paat twelve or fifteen years. Slxtf
■W. ^.. HOB1TEY,
DR. I! A. CHEEK,
Physician and Surgeon,
"II" ITII uo experience ef 13 year*, often.
t ? I.i* profeaaionaJ aerriee. t»> the citizen*
ol Greenabvro and vicinity.
•• and Residence on West Market St.,
near Odd Fellow'. Hall.
RB| EREXCBS :
Ur Win I' Howard, lialtiinore, Md : Dr.
Wileon* Poote, Warrenton. N C; l»r E
Burke lUTwoad, Raleigh, N C; Dr J 11
Uilkey, Marion. K C. ap 3t)-tiui
WATCH-MAKER, JEWELER AND
OIFTICI-A-IfcT,
No.ll South Elm Street, Greensboro, N.O.
HAS a beautiful stock of Watches,
Clocks, Jewelry, Plated Ware, Pis-tols,
Cartridges, Notions, Ac. All repair-ing
warranted. A largo and lino stock of
Gold Pens. daeSfclj
tf
^H>ro Boot jjj
%
■*»«.'-.VSIIORO, S C-OK.
BOIiT. II. TOWLES,
rOBMKBLT OF KII.KIr.ll,
HAS settled here ami otter, his service*
in the practice of medicine to the
citizen, of
GREENSBORO.
Oflice over Calluui's Drug Store.
uiarl'.l:ly
PLASTER'S HOTEL.
rpiiU llouar IK plraxunll) local-
X >d on Eaal Street »•** luo Court
llnu--c,and is ready for the reception o
Boarder, aud Travelers.
TIIK TABLE
Is always (applied with the best the mar-ket
atlords.
THE STABLES YMUmRtUTII HftTT«S Areincliargeofcaieful aud attentive hoat- *«llOU ULUll IIIH i> I •
len and no paina are .pared in any res-pect
to render gneata comfortable.
, , THE B.A.:R,
Attached to the I'lauier's la always (ap-plied
with thw best Wines, Uqaor. and
„ UVERY STABLES
nave lately been attached to this Hotel,'
and parties iriahincconveyances, can be
aeeoniodated with Good Teams.
It* Prices as low, if not lower than any
othei hotel iu towu. JOHN T. REESE,
M-li Proprietor, i
BTOP AT THE
Ralcigli, X. C.
G. W. Blacknell, Proprietor.
JOB WORK
Of EVERV Deacrtptlon,
Kxecnted in the
VERY BEST STYLE.
And at Xew York prices^ at tbe
Patriot Job Office.
Eor the Patriot.
The Homestead Again.
Mr. Justice Swayne, in the Geor-gia
case, (Gunn r*. Barry) has
caused some little diversion, even in
our own State, by quoting from
that almost forgotten volume of
black letter lore—the Constitution
of the United States. It it clear to
my mind he needs reconstructing,
for be can be alter nothing else than
tbe establishment of an old curiosi-ty
shop in the Supreme Conrt rooms
at Washington ; unless, perchance,
he has hecrd from some indiscreet
traveler that tbe Supreme Court of
Georgia,followingin the footstepsof
our SupremeCourt, had endeavored
to run their machine on onr line,
called Hill r>. Kessler; and like tbe
monkey playing Judge, had excited
the laughter of the bystanders, to
sec so comical a uiouki-y taking off
so happily the Judge.
This reminds me oi au anecdote
that happened down iu Georgia,
jnst where our folks Gunn and
Barry live, and I'll throw it in right
here, ns / have the no less illustri-ous
example than that of our late
lamented Mr. Lincoln, for intersper-sing
" sich like " anywhere and ev-erwhere.
A jury down there was impannel-ed
in tbe case of a Mr. Smith charg-ed
with killing his wife. The evi-dence
was positive and conclusive,
leaving not a doubt of his speedy
conviction. To the amazement of
all, tbe jury having one of those
half-banded Georgia lawyers lor
foreman, alter a short absence re-turned
a verdict, " Guilty of horse
stealing." The Judge sameichat as-tonished
asked an explanation, stat-ing
that the indictment was not for
horse stealing, but manslaughter.—
The foreman, with his band upon a
huge law book and with an amaz-ingly
dignified air, informed the
court, that " it was not a case of
manslaughter, but u-onmnslaughter,
for which the law made no provision,
but being satisfied the man deserv-ed
to be hung, they bad brought in
a verdict of horse stealing, which in
Georgia, would be sure to swing
him."
So it is with unskilled workmen
the world over.
It is true, as Mr. Justice Reade
says, the Georgia case (of course I
refer to Guuu v Barry) went up on
the same point presented by our
Cumberland case,(McKetban t.Ter-ry,
(54 N. C.) but it is also true that
tbe body of tbe decision strikes
down Hill M Kessler, as effectively
as Gunn r» Barry. And it is not
merely the dictum ot the Judge
either, as .lodge Reade would have
us believe. Let us see.
Mr.Justice Swayne, after quoting
that clause of the Constitution cited
above, as though any thing more
could be said, to establish the eter-nal
nnfitness of any such tribunal
as the Supreme Court of the United
States, says, " If the remedy is a
part of the obligation of tbe con-tract,
a clearer case of impairment,
can hardly occur than is presented
iu the record before us."
Again, "It" (the Georgia statute)
" withdraws the laud from the lien
of the judgment, and thus destroys
a vested right of property, which
the creditor had acquired in the
pursuit of the remedy, to which he
was entitled by the law as it stood
when thejudgment was recovered."
" The effect of the act in question,
nnder the circumstances of this
judgment, does uot indeed merely
impair, it annihilates the remedy."
Now let us go back a few years.
Tnere was thought to be need of
some legislation in 18GC-'C8 to pro-tect
temporarily the unfortunate
debtor against "the exactiug shy
lock creditor." This impression
gave rise to tbe two ordinances of
convention "to change the jurisdic-tion
of the courts and die rules of
pleading therein"—known as Stay
laws. By common consent the'
bench and bar seemed to wiuk at
this apparently very slight "impair-ment"
of the remedy necessary
to enforce tbe obligation of con-tracts,
and we lived eight long
years, including the war stays, nn-der
this condition of things. The
subtle refinements as amplified and
dreamed of—they were t'n nubibus,
and ought there to have remained
forever.
All sound lawyers, off as well as
on tbe bench, seemed to hold then
identically the same views that the
Supreme Court of the UnitedStates
has lately announced iu the case we ]
to
tor bad at the time of the contract. For the Patriot.
had ■wellwd tbe crowd to tbe nnm
ber of three thousand souls.
Twenty six student* were award-ed
diplomas this evening, all ot
whom acquitted themselves in a
manner which reflected much credit
upon tbe institution. Tbe speeches
of the graduating clan were all ele-vated
in sentiment, dignified in
tone, and philosophical in character
—in fact, such as might have been
expected of young men trained at
Davidson. In the class were a num-ber
of young men of the highest
promise, finest talents. Time
would fail me to speak of all their
tain the court in it* purpose
maintain the constition.''
" Tbe obligation of a contract is
the duty of its performance—of a
full and complete compliance with
its terms. Any statute which re-lieves
a party from this duty or en-ables
him to evade it, is void. The
are considering. The obligation of I *»"« constitution which makes con- j biag 0~fpreKl
contracts in law, at least, was al- t™*a mv.olable by State laws pro-1 Jaw which bestows this property ou
vules for a general bankrupt law, the debtor to the injury of
by means oi which a debtor may be
as tbe means of enforcing it, and to r> ' speeches. Tbe Latin salutatory
that law bbvy wwhhiicchh »a ™voilunnnta,.r„y con-Commencement ExeroUea ofj was pronounced by Mr. O. D. Davis,
veyance (13 Eliz.) is declared fraud-ulent
and void. That was tbe obli-gation
or tbe thing which binds,
and yet it ip held, as I think," he
says with a merry twinkle of the
eye, quoting Judge Reade on the
stay laws, "under the unconscious
ways held to be inviolable. Tbe
remedy to enforce a right or re-dress
a wrong was believed to be
as old as tbe common law itself.—
It was manifest, therefore, that
there could be no such thing as the
obligation of contracts, without the
corelatrve sure and speedy remedy
of redress through tbe courts, lor
breaches thereof. Our Supreme
Court, too, must have been some-what
imbued with these ideas, for
when at length tbe bar allowed a
case to go up under the stay laws,
there was a whole broad-side of
such old fashioned shells thrown
into it, as Mr. Justice Swayne has
recently filed—around the corner
perhaps—but evideutly aimed well
at our Judge Reade. But I am
happy to add our associate Justice
ain't one bit afraid, although he
may be somewhat burned by the
explosion oi the Georgia shell. lie
proudly closes the late case, Gunn
rs. Cheshire, re-affirmiug Hill
rs. Kessler, and, I take it, goes a
bow shot beyond. One is, ]>erlorce,
reminded of tbe mistake about the
horse's height, "If I said it was six-teen
feet instead of sixteen bauds,
I'll stand to it."
"I was satisfied," says the Judge,
"then, (Hill rs. Kessler,) as I am
now, that the decision was right.—
And it will be upheld as the law iu
North Carolina, unless and until the
Supreme Court of the UnitedStates
shall decide that tbe homestead
laws of North Carolina are void."—
(See Garrett rs. Cheshire.)
There is another thing, however,
apart from the regular rebel ring
floating about those brave words,
which have so recently fallen, not
through ^inadvertence" from the
lips of one thought to be so truly
"loyal," that makes me rather take
to this latter decision. The Judge
quotes so earnestly from those good
old democratic judges of the Jack-sou
Supreme Court of tbe United
States, Chief Justice Taney is made
to sustain the right of the State
through her Legislature, to create
exemptions as one of the incidents
of Sovereignty. Mr. Justice Wood-bury,
our grand old fashioned au
thority on the majority rule in the
last Legislature ou the convention
question—to show that exemption
laws are among the examples of
legislation, which may be constitu-tionally
applied to existing con-tracts.
There was at most only tbe least
perceptible "impairment" of the
obligation of contracts in the
stay laws of 1806'C8. The remedy
was so gently and so slighty chang-ed.
The lien of the judgment was
amply guarded and the execution
was made returnable by reasonable
instalments witbont loss of interest
or any thing else, save the delay of
the font- annual payments, when,
perhaps, in two cases out of three,
the skill and address of counsel by
pleas, motions, &c, wonld have
been sufficient, nnaided by this
change in the rules of pleading, to
pnt off the creditor two or three
years. Tbe whole machinery of the
courts was intact, and this vehicle
of the law, which we term the rem-edy,
was simply weakened or re-tarded,
but in no wise seriously
crippled, much less "annihilated."
We will now contrast Judge
Reade with Judge Reade, Jacobs r*
Smallwood, 63 N. C. January term,
18C9, stay law decision—against
Hill r* Kessler, June term, 1809,
homestead decision :
" We come now to the question :
does the ordinance which we are
considering impair the obligation of
contracts 1"
"We are obliged to concede that
it was not the purpose of the conven-tion
to impair the obligation of con-tracts
; both because that is not to
be presumed in any case, and be-cause
a different purpose is express-ly
declared. And we are to take
the declared purpose as tbe real
one. The purpose declared is " to
change the jurisciction of the courts,
&c." To do that is quite within the
province of legislation. But while
pursuing that legitimate object, it
turns out that the effect was to im-pair
the obligation of contracts—a
consequence which we are to pre-sume,
was not foreseen, and to be
set down to inadvertence, or the
unconscious bias of pressing cir-cumstances,
and as soon as it is
absolved from his debts and take a
new start." (Jacobs r« Smallwood.)
It is not worth while to show the
other side of the picture here. We
will merely remark, in passing.that
no one would recognize this clear
and sound constitutional lawyer at
tbe ensuing June term, in Hill r»
Kessler, or later still in Garrett r«
Cheshire. To use a phrase of the
court, it is all per contra.
The truth ot history reqSjres us
to state aud call particular attention
to tbe fact, that Judge Reid's splen-did
homily on the sanctity of con-existing
creditors, does not impair the obli-gation
of contracts."
Judge Reade in his " last ditch,"
seeking to sustain himself by a
plank—alooseplauk now—jerked in
bis extremity, from tbe Democratic
hickory platform, founded upon the
sovereignty of the States. Touching
the powers of tbe State to pass ex-emption
laws, confiues the authority
to " necessaries " in his stay law de-cision,
but being s» distressed in
his >ast decision ou the homestead,
declared at the present term, (Gar-relt
r« Cheshire) that it might, also,
uaa bUb -UIII.UI I V* VVU | 1_ _ — - .
tracts was diel••ivereda aat*tah7e J-■anuary L| e„m„b.race, " c-om,.fo,r,ts';" "Junducbe° ™Pea"rr-
... , J | son truly said, " the statute under
term — the homestead retrospec-1 •, . .
. t , ' *^ , i consideration, I
tion apology at the June term, aud
at the Jannary term 1810 we had
the same music, with decided vari-ations,
from the same amateur ar-tiste
iu the modification of tbe swal-low-
em-whole doctrine, known as
McKethan r« Terry. He would
not have gone it so strong at first
had he not been fully persuaded
that the whole court would be with
him, when a case should be reached
under our homestead statute; for
he says in that ever memorable
casc.Jacobs r* Smallwood, speaking
ot the coming retrospective home-stead
decision, " it may well be
supposed to find favor with tbe
court—HO member of which has in-timated
an unfavorable opinion.—
But "Nichols & Gorman" were not
with us. At the proper time, Chief
Justice Pearson—that little old mau
but great, strong lawyer whose
wonderful legal acumen, like tbe
most penetratiug cliemical,dissolves
instantly, the toughest legal knots,
fired a double-beaded shot at the
rotten homestead hulk, from the
effects of which it is safe to say the
craft is now " settling down ou her
beam ends."
There is another fact that ought
to be borne iu mind : In tbeGeorgia
case before the Supreme Court of
the United States, the whole Bench
concur. In the North Carolina case
the court was almost equally divid-ed,
for it certainly is no reflection
on the majority to say, that the old
Chief is almost one half of the court.
Pearson dissenticnte has more than
once reversed the law in North
Carolina.
What matters if, that in tbe Geor-gia
case there had been a judgment
on the pre-existing contract, while
in the North Carolina case there
was only tbe obligation of the pre-existing
contract—the debt. All
that safely can be said is, that they
differ only in degree—their essence
is one and the same. They both
alike (the Georgia and North Caro-lina
homestead statutes) impair the
remedy, which is the life of the
contract. They both alike hinder,
impede and vexatiously, if not ru-inously
delay the creditor, in the
pursuit of the remedy.be was en-titled
to by tbe law,as it stood at the
time and place of contract. There
was therefore " a vested right of
property" as the Supreme Court
of the United States say in the
former case, and a vested right of
remedy as they have already im-plied
by all fair rules of construc-tion
and must soou authoritatively
say in the latter case.
Chief Justice Pearson saysiu dis-seuting
(Hill and Kessler) comment-ing
on that clause of the Constitu-tion
of tbe United States.cited here-tofore
from Mr. Justice Swayne:—
"These comprehensive words are
not confined to a prohibition
against altering the terms of a con-tract,
but also forbid impairing its
obligation. What ifcihe obligation
of a contract! Tbe means of com-pelling
performance according to
the laws in force at tbe time the
contract is made; by these laws
the parties agree to abide—by these
laws their rights are fixed. This is
the obligation which must not be
impaired by a State, whether acting
in Convention or in General As-sembly."
Again, in same case the bead and
front of our Supreme Court says:
" it was a principle of the common
law, afterwards affirmed by 13 Eliz.
(known to lawyers as the statute of
frauds) that all gifts and voluntary
conveyances of his property by a
debtor are void, as against existing
creditors, on the ground of fraud."
And, further,"The creditor trust-believe,
exempts
everything owued by debtors in nine
cases out of ten."
Judge Rodmau, who by the way
alone of the majority of the court,
has been thoroughly consistent, lays
down this proposition (stay law de-cision
dissentientej "Auy law which
deprives a creditor of all remedy or
of all but such as is merely illusory,
impairs the obligation of the con-tract
and is, therefore, unconstitu-tional."
Now, let the public apply the
| facts that may be gathered between
• the years 18G8 73 in any neighbor.
hood in this Stnte, aud say whetu-
Davidaon College. of Salisbury, who was exceedingly
I happy in bis delivery, and spoke
The Grandest Success Since the War. j as if be might be in truth an old
— ■ J Roman.
The commencement exercises,! The philosophic oration was de-which
ended here to-day, was bylliveredby Mr. E. L. Gaitber, of
far more brilliant and successful i Mocksville, N. C, a young man of
than any similar exercises since the rare talents and unusual attain-war.
Everything seemed to con- ments. His subjret was "Activity
spire to give eclat to the occasjou.'the Law of Nature." Fruitless
Though ou Tuesday the summer would be any attempt of mine to
sun shone with uudimmed splendor! give, with justice to the speaker, a
iu the forenoon, yet in the after- j correct idea of tbe worth and digni-noon
its parching rays were shut ty of his speech; suffice it to say
out by clouds which covered the. that all concur in saying that it was
Western sky. Ou Wednesday and the best speech of tbe occasion.
Thursday a mantle of cloud covered The Rockwell prize, a present by
tbe whole heavens, and a pleasant lie v. Mr. Rockwell, of Statesville,
and cooling breeze blew continuous
ly from the North-east. The crowd
that began to assemble here last
Saturday has continued to increase
with every train.
Although the audience which as-sembled
in the chapel on Wednes-day
in the forenoon to hear the ora-tion
before the literary society, bytbe
Hon. Tbos. h. Clingman, was not
as large as bas been witnessed here,
yet the room was well filled; and
certaiuly, it made up in brilliaucy
what it lacked in numbers. The
distinguished gentleman, though
evidently feeble from wounds re-ceived
in the late war, aud compel-led
to lean as it were, upon his
staff while he spoke, yet the same
good fortune which had followed
him through life crowuad bis effort
here with success. Wishing to
touch upon the various and living
questions ot the day, he couflned
himself to no defined subject; but
delivered an eloquent and learned
address, replete with much sound
advice, suited to the times iu which
we live.
Tbe next speech of the day was
delivered at 3 p. m., before the soci
ety of the Alumni.by McDowel,
Esq. Nobly did tbe gifted orator
acquit himself; he spoke upon
"Moral and Mental Cultivation,"
addressiug himself particularly to
: the young who are preparing for
er or not, as Judge Pearson pre- ,ife, portraying iu eloquent, chaste,
dieted in 1809, "In nine cases out; and elevating strains, the rugged
ot ten the sheriff will not return on steeps to glory and fame ; after
the "fieri facias," nothing bound "peaking an hour with the highest
except property exempted by home- IKSSiS fnd edl
1
flc",i
1
on' J*
. 1 la " !tue Ta8t CTOWl1 ue concluded with
steau taw. ; an appropriate and worthy tribute
The remedies for breaches of con- to woman, maintaining that "they
tract are not "merely illusory," but wuo ,roc* tbe cradle rock lhe
"the e„ffec.t,'" it turns out does de- ■ W < JTJh, e surging crowd.,now enl,•ivened.
siguedly impair the obligation of by such pieces a» " Star Quickstep,"
coutracts—"a consequence which," " Marching," " Warbling at Eve,"
in conclusion, to quote Judge &c-. D.v the Salisbury band, which
Reade. as we are to presume wa8 i«. H the way one of the best in
,. „ ' . . the State, wended their way some
"notJoreseen aud ie» ergo,"to be set, to the liai|R 0, tue literary societies,
down to iuadvertance or the uncon- gome to the campus for prouiedad-scious
bias of pressing circumstan- ing, and others to the trains, which
ces. OLD FOGY. bad now arrived both from Char-
1 lotte and Statesville, laden with
— - new accessions to the already nu-merous
crowd of visitors. Soon it
A Drunkard s Warning. wa8 announced that the hour had
A young mau entered the bar- arrived when the speeches of the
room'of a village tavern, and called representatives of the Philanthropic
for a drink. " No," said the land- ' aud Eumenian societies were to be
lord "you have too much already, delivered. The "Dons" of the in-
You have had delirium tremesonee, stitution were soou out in full force,
aud I canuot sell you auy more."— and seldom, even at Davidson, has
He stepped aside to make room for been seen a braver array of fair wo
a couple of\oung men who bad just men. Jh the andience could be
entered, and the landlord waited seen more than oue handsome mat-upon
them very politely. Theother ron delighted to renew their youth
had stood bv silent and sullen, and in the gay scene, and the bright
when. they had finished he walked eyes of laughing girls inspired the
up to the landlord, and thus ad- youthful speakers to new flights of
dressed him: "Six years ago, nt oratory. Not only were Charlotte,
their age, I stood where those young and Statesville, and Mecklenburg
men now are, I was a man with fair and adjoining counties represented,
prospects. Now, at tbe age of; but among the visitors were ladies
twenty'eight, I am a wreck, body from Salem, Salisbury, Greeusboro,
aud niiud. Sou led me to drink.— ' Morganton, South Carolina and
In this room I formed the habit Mississippi; among the most at-that
has been my ruin. Now sell tractive were Miss J.. of Charlotte ;
me a few glasses more, and your j Miss R., of Statesville, and Miss
work will be done ! I shall soon '. W., of Greensboro, who graced the
be out. of the way ; there is no hope ; occasion with their presence,
for me. But they can be saved; j All tbe critics agree that tbe
they may be men again. Do not I speaking was unusually good—bet
sell it to them. Sell it to me, and ! ter on he whole than is generally
let me die, aud the wot Id will be rid j heard, even here, Bnd it has been
of me ; but for Heaven's sake sell i long acknowledged by impartial
no more to them '." The landlord judges—perhaps it should be said
listened, pale and trembling. Set-ting
down his decanter he exclaim-ed
; "God helping ine, that is the
last drop I will ever sell to any one!"
And he kept his word.
Car Brakes.
A Hartfoid paper calls attention
to a new invention in railway car
brakes, invented by Mr. William
Kimball, of Woburn, Mass. It is
thus described:
" This is the adaptation of the
most simple and effective of the me-chanical
powers,tbe screw. A shaft
ot wrought iron is placed under the
entire length of the car, aud with
this, placed opposite the brake to
each wheel, a screw is connected
by men prejudiced in favor of other
institutions—that tbe students ot
Davidson are not excelled by those
of any institution in the South in
oratory.
The first speech of the evening
was pronounced by Mr. P. It. Law,
ot Wentwortb, N. C; subject, " Be
a Man." The next speaker wasMr.
W. R. Moore, of Troy, Tenn. His
subject was "Onward be the March
of Mind and Morals." Mr. McN.
McKay, ot Eufala, Ala., next spoke
on the subject "ThePoweroITruth"
The next speaker was Mr. A. W.
Wilson.of Yorkville,S. C. Subject,
"Fortitude." The next was by Mr.
J. W. McLaucblin, of Fayetteville,
N.O. His subject was "The Im
poi tanee and Utility of the Physic-al
Sciences." The last was by Mr.
by an endless chain. A brake | J. E. Forgartie, ofCharleston, S.C.,
wheel on the platform, revolving _Upon the subject "Our Hope."
vertically, enables the brakeman to
bring au immense jiower to bear in-stantly,
aud, by a geutle movement
causing no jerk ; arresting the rota-ry
motion of the wheels, it is claim-ed,
before they can make two revo-lutions.
The same brake is said to be e-qually
applicable to the driving-wheels
of a locomotive, putting it
in the poweT of the engineer, in a
The elegant halls of the literary
societies having been thrown open
bells and beaux spent many bouis
to that member of tbe Sophomore
class, who, on a competitive exam-ination
proved himself tbe best latin
scholar,was awarded to Mr. L.JSich-anlson
of Selma, N. O.
Prof. Blake then, in a solemn
aud impressivo Latin speech, pre-sented
tbe diplomas and in behalf
of himself aud faculty bade the
class an afieotiouate farewell.
The next and last exercises was
the viledictory address, delivered
by Mr. S. S. Burton, of Leaksville,
N. C., who was by far tbe most
talented man, and gifted speaker in
class It is enough to say of hi* ad-dress,
that some of tbe oldest mem-bers
of the faculty pronounce it to
have been the best valedictory they
ever heard. Thus ended commence-ment
exercises; th* successor which
showing tbe progress made by Da-vidson,
which is uow fully abreast
with the advanced learning ot the
age. With all her seven chairs ably
filled aud fully equipped for tbe
coming seasou we may safely pre-dict
for ber a most glorious future.
June 26, 1873. P.
Flowers at Meal Time.
Save perhaps good-natured chil-dren,
nothing makes meals at home
more attractive thau a few flowers.
Everybody can bavo tbem, and
even the commonest kinds neatly,
or even carelessly arranged, are an
acquisition, aud give zest to tbe
coarsest meal. Of course, no one
need imitate the diplomatist who
gives great dinners at Paris, who, it
is said, always surrounds each guest
at the place where be sits al tbe ta-ble,
with flowers that belong to tbe
country of which he is a native.—
The idea must be difficult to accom-plish,
as few countries have a dis-tinguishing
flower, England, Scot-land,—
Ireland, and Wales except-ed.
Nevertheless, you can per-haps
give your husband and each
child the favorite flower which each
loves best
About Deoeiving Children.
Never deceive your child; if you
once do, he will neve believe you
again ; aud mischief will be done,
which years will not repair. Some
silly mothers promise their child-ren
anything and everything "to
make them good" (Heaven help tbe
mark !) never meaning for one mo-ineut
to fulfill their promise; indeed,
in some instances, it would be utter-ly
inqiossible for them to do so !—
Now all this is the quintessence of
folly!
Be cautious then,in making prom-ises
to your child ; but, having once
promised, |K-I form it to the very let-ter,
for a child is quick iu observing
and remembering. Let your word
to your child be your bond, l^el
your child in after life be able to
say : " Although the world has
oft, my mother has never deceived
me !" Verily, a truthful mother is
a blessing to ber child!—Forney's
Press.
It Wasn't Her Husband, After
All.
A story has gone tbe rounds of
literary gossip about an attached
pair of names uot unknown to lame,
who went to board where people
also went wbo were literary and of
good taste. The lady, thinking that
as she and her husband were all iu
all to each other, it was as well they
should remain so, desired of tbe
hostess that there might be no in-troduction
to the other boarders,
which was observed. Various ten-der
passages between tbe amiable
pair on their way to and from the
dining room edified the family du-ring
the season. Iu time a Boston
man came to board, and ou his way
to the basement at dinner, going
down lute he heard a light laugh
behind him, and a figure not so
light as th,- laugh sprang on his
shoulders and claimed a ride down
staiin. The Boston man took things
cooly, carried his burden down into
the dining room, and shot her into
a vacant seat at tbe table. Tbe lady
looked up to find her husband al-ready
there before her, and every
eye was turned to watch these ex-traordinary
proceedings. There was
nothing to be done but to burst
into tears.which ahe did.—Jfeic York
Tribune.
seeking access to each other's hearts.
Collegians and young alumni ming-ling
iu the gay throng, vied with
each other iu paying court to tbe
beautiful girls, who received the
offered homage with tbe stately
grace of the by-gone times tempered
wjtb a little—perhaps much—of the
sudden emergency,to shut off steam mo(]ern mmamt At a late hoar
discovered that the effect is to vie-1 ed to the property which the deb-with
one hand and apply the brake
with tbe other. It is made entirely
of wrought iron ; is very Simple in
construction, inexpensive, not liable
to get out of repair, speedy, sure,
and effective in working; such are
tbe advantages claimed for this new
brake."
the gay promenaders separated.—
The gentlemen wbo were so fortu-nate
as to be escorts of ladies, with
their fair partners sauntering slowly
away, discussing the events of the
day, and tbe anticipated gayety on
the morrow. So ended Wednesday.
Thursday morning light brought
ns as delightful and pleasant a day
Tbe recent conference of Liberal as we could have wished for the
Republicans in New York City, re- grandest of the commencement ex-affirmed
the principles of the Cin-1 ercises. The morning trains and
cinnati (Greeley) platform. | those of the proceeding evening
A Word to Mothers—Why will
not mothers know that to invite
and possess the confidence of their
daughters is to secure them from
evil 1 Never make them afraid to
tell you anything; never make tbem
ashamed of tbe natural desire to
have attention from tbe other sex.
Admit tbe liking for it as belonging
to youth—to your past youth—but
at the same time enforce tbe judi-cious
timing of it; and above all
encourage a frank avowal of, aod
sympathy with, their youthful pref-erences.
Many a young girl now
lost to herself and society might
have been saved by such a course.
Harsh rebuke of these natural feel-ings
is like pruning all tbe leaves
and buds and blossoms from a
young plant, lest stray insects
should light upon it.
FAHHY FEBK.