Southport telegraph. [volume] (Southport, W.T. [i.e. Kenosha, Wis.]) 1840-1850, 1848-02-04
constitutional Convention.
HOMESTEAD EXEMPTION.
MADISON. January. %. 1915.


excited so much feeling and interest as this twas
The particular hobby Of members. They
were determined to ongrat it into the consti-
tuition, and they moved heaven and earth, almost,
TO accomplish their object. 1t did seem though
few thought their political destnes hung upon
the result As this is matter on which many Of
your readers feel a deep interest, will give you
concise history Of the proceedngsln the case.
On Tuesday the article reported by the CONT
tee was referred to the commit.c Of tie whole.
when Mr.. Larabec offered an amendment 10 the
eject that the subject should be submitted sepa-
rdtely to a of the people, and II adopted TO be
come part of the constitution. II had been ascer-
tanned that many would 80 for this me asure who
were hostile TO making 1t n part OF the constitution
direct The motion prevailed There were several
long speeches made in favor of the article and
some against it In the afternoon it was reported
10 the convention without further amendment
Mr. KIbourn then Offered substitute. the substance
o. which was to auht rIe the Legislature to form
homestead OK cnpton law. submit IL TO 4 vote OF
the people AMI if approved, then to become a law,
which could be repea Id only IN like manner. 1t
was lost % ,otlng in the affirmative and 4 III
the negative Mr.. Larkin then moved 20 amend
the article by substituting as follows:
"The legislature shall, at It's first session
pass an act submitting to the qualified cleo
tors of this state, at the first general election
The question of Homestead exemptions
and if a majority Of the votes cast on that
subject shall be in favor of such exemption
then the Legislature, at its neXtsesslOn there
after, shall pass the necessary law securing
such exemption: Provided, That no such
law shall take effect till it shall have been
submitted to the people and have been APP
proved by majority.
la.L rika Olt he
which prevailed. The question being then taken
the substitute was lost by vote OF 90 TO BY
Msssrs. jackson, lowell and Reymert, Of your
county, voting Tor, and Davenport, SANDERS, NJ
Ielan and Secot against the substltute-MT. Cole
absent. Here, ntter some little further discussion,
the Convention adjourned at le:e hour.
The forenoon Of Wednesday taken up IN
the consideration and passage OF TeaoIuHon on
boundaries (Which amounted TO nothing,) the
Article on interpretations, and the article ON
amendments.
After dinner, the exemption article was again
taken up whe Mr.. Ltkn of Grant county, mo
we'd the following provlso, TO wit:
Tha, every member OF TINS Convention, who
shall vote for submission OF this article as before
said shall in his proper person or by his agent,
subscribe the same before il shall be pIe;ented 10
the slec ors aforesaid, for iheIr adoption"
The amendment lost 0y a vote OF 3S 10 2T-
all the Members from your county voting IN the
negative After some further discussion. IN which
MessTs. Bcall, Judd, Sanders, Lowell, Eastabrook
and others took part. The question was taken on
ordering it to be engrosscd for third reading,
and carried by vote Of "a to 32-Messrs. Cole,
Davenport, NJ Lellan, Reymert, Sanders and Sc
cor voting in the affirmative, and Lowell and jack
ton IN the negative.
On Thursday morning, Mr.. Case, Of Wauke-
ths moved = reconsideration OF the vote taken the
day previous by which the article on exemption
was engrossed, which prevailed by vote of IS TO
81 Mr.. Case then moved amend II as to
exempt real only, md to be available 10 none
hut heads Of families. The motion was lost. Mr.
Chase moved substitute, AS follows;
"The legislature shall at its first regular
session after the adoption of this constltu-
ton provide by law for the exemption from
forced sale for any debt or liability cOntrac-
ted after the passage of such law, of a linz
tied amount oiland the same being the homes
stead of any family or inhabitants Of the
state or in lieu thereof at the option OF such
person other real or personal property of
equal value"
A motion was then made to sui Ike out the word
Z" shall " and insert g may" which was lost-all
the members from Racine voting against II, Mr..
Beall and Judd, who Ind heo;e been the greatest
EtckleTs Tor exemption, voted IN the affirmative,
with the evident object OF Nilliag it, MIR Lowell
next movee 10 amend the substitute by striking
Provided, That no such law shall
have any force or effect until it shall have
been submitted to a vote Of the people, and
shall have been approved by a majority of
the qualified electors voting on that subject;
and provided further, That nothing in this
section contained, shall be so construed
rs to prohibit the legislature from exempt
ing such other property from sale upon exc
cuton rs they may deem expedient.
The motion was Lost by vote Of % to 33-Cole,
Davenport, jackson loyel, Sanders aud Secor
in the affirmative, AMI M'belan and Reymcrt tn
the negative. Had Loyei's provlso carried
think Chasc's substitute would have been passed.
Nj Sanders then moved amendment, as fol.
lows:
"Sccton The legislature at It's first
regular session after the adoption of this
constitution, shall pass a law providing for
the exemption of the homestead OF family
from forced sale on execution, for any debt
or debts, growing out of or founded upon
contract made after the approval of such
law: Provided, That such exemption shall
not affect, III any manner, amy mechanics or
laborers lien, or any mortgage lawfully OBJ
tanned. The legislature shall at the
time of the passage of said law, provide for
the submission thereof 10 the people at the
first succeeding general election:
Sec. No such law shall IKE effect
until it shall nj general election he sub
ntted To the people, and have received
majority of all the votes east, for and against
it, at such election: and if such law shall be
approved, ii shall thereafter be in force until
repealed or amended by like vote"
The amendment rejected.
All tie members from your county voting in the
affirmative exccr: M'Lei,au aad Reymcr:. Before
the question Mas taken Chase's kuusIluie,
there were some sharp words between Bel and
Judd and Chase the Two former, charged with
try ng 10 Kill Ihr bill, called he latter d Irnlior
hut MIR. &. 7 ost I,umphantly vnd,coed himself.
lie said he VAS SAN fled the article N The shape
II ,hsu stood, could not pass. tie was sincere ia
his proicsUoas, and desired TO get homestead *
em9tion INTO the Constitution, md was willing to
take the best he could get He strongly lutimated
that he gentlemen were more DESTROYS of making
political capital oi this question. than To secure
home for the poor man. MIR. C's substitute was
lest-ayes IL, noes 49--ull from your county Vo
ting in the negative, but DuvcnPor, aud Seyor.
Mr.. Fol'z then moved 10 amecd Sec. > by add
ing " but such exempt, shall he equal in amount
70 all persoPs,' which was agreed 10.
The ~ eslion was now put on ordering the