Wisconsin herald. [volume] (Lancaster, Wis.) 1846-1849, 1847-02-20
NO. so.

ses out Of ten. this section would not
remedy the evil, for a confding wife,
being over persuaded by pcrseyering
husband, would place her prsaertv IN
der his control. Ia order to cure these
evils, which are Of rare occurrence,
and in most cases not chargeable to the
laws. the husband is 10 be degraded,
the wife unsexed, the children uncared
for, the creditor defrauded, and the
laws COMPOUNDED.
The twin subject to the one we have
been considering, is the section on ex-
emptions from sales Oh execution. -
Par mobile fratremi They were a.
doptcd at one and the same time, in
the same article, because, as suppose,
they have such strong resemblance to
each other, in the inducements they
hold out for frauds. their banelul infiu.
ence on business, the false position ia
which they place woman, and in the
coniusioa which they will create in
the laws. On a former occasion, sta
ted cursorily my opinions'upon thissee-
ton, but find that the more the subjects
are considered, the worse they appear.
| shall mention only such additional
objections as have since been brought
to my notice.
1t is the opinion Of one Of the Judges
of the Snpremc Court, and, | am tod,
of several good lawyers, that the adop-
ton of this section repeats all laws and
prevents all legislation upon the SUBJ
ject of exemptions. One of the rules
for the construction OF constitutions,
laid down by Judge Story is, that the
adoption of one provision includes all
others upon The same subject. 1t is
argued, that il we can change or mod
ify the exemption article by legisla-
ton, that then We can do the same to
-1vrty otsrrr parIUf The consiitution.-
Others think that this exclusion would
be confined solely TO exemptions on
real estate. Others, again, think, that
the constitution would exempt all arti-
cles now exempt by law, bu, that the
law upon this subject, could never be
changed. Still others, that the Tegis-
laiurc will have the same control over
the subject, with the limitation as to
The quantity and value of real est te,
that they had before. Should the
Judges opinion be correct. then not
bed, not an article OF wearing apparel,
or any other personal property would
be exempt from execution. But I am
the more inclined TO think, especially
since VIC are 10 have an elective Judi
ciary, that the latter opinion will pre-
vail. and that this section will be only
the FIRST. step TO future and still greater
exemptions. Adopt this constitution,
and future legislatures, becoming still
more and mere progressive, will bold
ly carry out the principles fco plainly
shadowed forth 10 these provisions,
until eventually we shall arrive at the
limit Of all progress.
The real estate exempted by this
section, may be owned by male or
female, married OF an unmarried per-
son. Where the wife has separate
property, can the husband and wife
each have one thousand dollars worth
of real estate exempt? Where n mar
ricd man owns only forty acres, or a
village lot, worth less than 81 900, and
owes no debts, aud does not wish il to
/ be exempt, can he ALLEVIATE it without
the consent his wife? Suppose one
owning real estate exempt, should ex-
change it for other real estate, and
there should be a judgment against him
ut the time, would notthe tract last
acquired be subject 10 the judgment.
as the debtor could not have two selec-
tiunJ at the same time? Or suppose
I've should sell il for any other proper
ty, would not that property be liable
for his debts?
The avowed object Of this section,
is TO protect the wife and Children
When the husband dies, il is made the
duty OF the Judge Of Probate by law,
to sell his real estate to pay his debts,
il there is not personal property suffi-
cient for that purpose. Thus the wife
aud children will be protected while
the husband is alive TO support them,
but the moment he dies, and they are
Jeff helpless, the property before ex-
empl will be sold TO pay his debts.
Those who support this section, must
assume two principles to be correct:
list, that man is unable to take care OF
himself, and il is necessary that the
law should protect him; and I'd, that
woman is more capable Of managing
pecunisry matters than man, or even
n .-...a.A L.. l.. .....Anola III.