Wisconsin herald. [volume] (Lancaster, Wis.) 1846-1849, 1848-07-22
Sketch of Remarks of MIR. Lakin of
Grant County.

In Senate, June 9Th, ls4s, on The Dill to ea-
empt a homestead from forced safe,
Mr.. SpEAKER:-I had not intended to
mnke any remarks upon the subject before
Us, but had concluded to give silent vote
against the bill, believing rs have done,
and rs now do, that nothing may say
viii in any degree arrest that tide of pro-
gressivs democracy which is about TO over
ustc'm us. There seems TO be difference
OF epinion between the senator from Dane,
Mr.. MillS) and the senator from Sheboy-
gan, Mr.. Hobart) as to the legal, practical
effect OF the first section of the bill, should
it become a law--the one claiming that, un-
der II, a person might amass any amount OF
property in the way Of improvements upon
his lands exempt from forced sale, and still
defeat the collection of the Just claims of the
CREDITOR; the other claiming that the land
and the apeliing house thereon, and its APP
purtenances, would compromise the proper
ty exempt, and insisting that it there were
two dwelling houses, or mill, or any 9th
er building, not coming within the definition
or meaning of :" a dwelling house and ITS
Iappurtenances, situated upon the tract of
land so exempt from sale, such second house,
mill or other Improvement, might be sold
by virtue of an execution against the debt
or, and the purchaser acquire valid title
thereto.
The first section of the bill reads as fol-
lows :--ss A homestead consisting of any
quantity of land not exceeding forty acres,
aud the dwelling house thereon and its APP
purtenances, to he selected 10y the owner
thereof, and not included in any recorded
town plat or city or village; or instead there
of, at the option of the owner, a quantity
| of land nor exceeding in amount one lot,
being within recorded town plat, city or
village, and the dwelling house, thereon,
and It's appurtenances, owned and occupied
by any resident of the state, shall not be
subject to forced sale on executions, or any
other final process from court for any debt
! or debts growing out or founded upon con
tract, either express or implied, made alter
the 3rd of July, lS1S"
1t is only for the purpose of efiecting
reconciliation between the two disputants
/ in the democratic ranks, that venture forth.
| II is clear to my mind that the objections
urged by the senator from Dane are we'll
founded. lfyou purchase quarter section
of land, and obtain a valid title thereto, you
acquire nj the same time title to whatever
Tornnaoent rsmprnvements are upon TINT
land. The right Of soil carries with lt all
that is attached to the freehold, whether the
same be above or below the surface. II
forty acres Of land are exempted by law
from execution, nothing is clearer than that
The trees growing thereon, the quarries of
rock, the mineral and ores under ground,
the buildings, houses, stores, mills, palaces,
and every thing attached To the freehold,
are also exempt from sale; and nothing eN-
cept perhaps, the magic of progressire de-
A IL L..
The supreme Court of Wisconsin Terri
tory, in the matter of John a. MclNssaig,
IA bankrupt, llSth page of published re-
morris. states as follows: "The court does
mot consider the improvements on the pub
lie lands, as mentioned in the assignce's ro-
port herein, to be such an interest as can
be passed to, or vested, the assignee, for the
benefit of the creditors of the bankrnpt,"
indicating that the title to the soil carried
with il the improvements thereon. But If
the decision of this bankrupt case was erro-
neous. (nnd am inclined to think IL was) IL
would not shake or effect the position that
statute unquallfiedly exempting from exc
cution tract of land, thereby exempts all
that is attached 10 the freehold. The law
yer or politician who can prove the con-
verse Of this position, will be entitled from
government to the same annuity that the
EngliShman insisted upon who claimed to
have invented sheep that had no wool Il
II is minated by the supporters of this
bill, that equity would relieve IN cases where
immense improvements were placed upon
the soil. or where valuable discoveries were
made upon il. Equity relieves against
fraud, accident and mistake. But il would
hardly seem 10 be within the province Of
court Of equity TO annul positive consil-
tutlonal enactment of the Legislature. IL
such be its province, the chancellor may
well be denominated, what, in times gone
by. he has been denominafed, ga dictator
in The midst of Republic" Like Crom-
well, be may come aud drive yon out Of the
capital, and turn the key against you.
No one pretends to dispute the propriety
of an exemption law. The error consists
in progressing to an extreme. Senators are
not disposed to view things in their relative
proportions Many are faBaticai upon this,
as others are upon other subjects. One idea
gets into their brain and vegetates--it over
shadows every other valuable plant, and
su1ts their growth. The true basis Of an
exemption are the accessories of life. To
illustrate my position, ! claim that the ordl-
nary wearing apparel OF every person sbaIl
be exempt--ihe tools of mecbanIc--fhe
tools of the rnariner---of a farner--ihe
horse and pills Of doctor--ihe library Of
the preacher and Iawyer--ihe gun and dogs
Of hunter, aud the goose Of tailor, be-
sides many other things bot here eDumera-
ted. An exemption should have some re-
gard 10 the existing order of ihing-, and the
relative condition Of individual members OF
society. When the mass of our people arc
poor, IL is not fair or honest legislation 10
say TO the few who alone are able 10 have
homestead, "your land and houses shall be
pIsced beyond the reach Of legal process"
while you say to the many, who have no
just claims upon the landbolder. "you
shall have no remedy in the law TO cause
payment" We must take care that while
,xe eudeayor TO raiSe TIE one, we DO not Op-