The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1849-02-03

sure may oe carried out IN perfect har-
mony with existing laws, with very.
slight additional provisions. The first
step i TO render it equal to all who may
read It's provisions. Some standard
must therefore be adopted. Quantity
OF land cannot form the measure, be-.
cause the value varies. The value. OF
the Homestead must therefore be meas
ured by money, the universal standard.
Six hundred dollars will be. found an
average value Of the Homes:eads in
towns and country, or traders, farmers,
mechanics, manufacturers and laborers,
needing this protection. This sum may
therefore be assumed as a standard.
AS the law cannot bestow property,
but only secur its possession, the fact
must first be ascertained that the prop
erty proceeded against is the Family
Homestead, and also its value. This
can be done by the same inquest and
proceedings, by which under existing
laws, lands are appraised before sale.
fthe property be il Homestead and not
exceeding the value of six hundred dol
lars, the fact being found under oath
and officially returned, the law may
therefore declare its exemption from
sale. But the rights Of debtors and
creditors depending upon these findings
it shall be subject to full Investigation,
in open court, upon cause sho wn by Ell
Their party. BY this means security
may be furnished to the debtor, and
justice to the creditor, in accordance
with the provisions of law. .t. g
But it may often happen that the
Homestead exceeds eight hundred dol
lars in value. Is The debtor then to 90
unprotected? BY no means. In such
cases the property will generally be ca
pable of division. So much, therefore,
may be set off for the Homestead, as
will equal the standard adopted, leaving
the residue Tor sale. .4.g. "a; t.Er
ltmay sometimes happen that no d.
vision can take place. In such case the
the debtor can claim no protection, be-
cause if he was allowed to retain it all,
tho Homestead exemption might be-.
come the means Of injustice, and per-
haps fraud; and besides, it is the debt
or's own act, that drom pride, luxury.
or other motives, he has chosen to adopt
as a Homestead, what the lazy cannot,
without in justIce, protect. The law
can seIdomprovide for every case, and
the practical legislator will onl seek
TO obtain lhelargest practicable amount
o fgood. He will not, OF, should not, be
deferred from doing what is in his pow
Ell, BECAUSE he cannot obtain universal
good. The law should, therefore, pro.
vide that where the property exceeds
six hundred dollars in value, ian alIot.
ment shall be made by the same off.
GERS, where it can be done so as to af
ford protection. To secure justice to
both debtor and creditor, this allotment
is subject to the revision Of lhe Court.
1t is noroniy during the debtors life.
time that The Homestead should be pro.
tected. After his death, by existing
laws, his real estate is subject to sale
Tor debt, by administrators, And it is
a Singular inhumani,y Of the law, that
when death removes the head Off fami-
". his wife and children shall Lave no
longer a rooflo shelter them. No soon
er has death borne out the father, leav.
ing in dismay and agony a heart-strick-
en- wife, and helpless children, than the
law stalks in t" cast them out, a prey
to want and misery. And thus it often
happens that a mother is hurried to the
grave, leaving the sons and daughters
no resort but vice and crime-no home
but the broad world before them! IL
there is any time when the Homestead
should be i~nviolate, let it be so to the
widow and orphans. Accordingly, the
law should provide that it shall not be
subject 10 sale by administrators, and
the same means adopted as in other
cases, TO afford protection. ' y-'."
In all cases OF this character the in
tent and subject matter, and persons to
be operated upon, should be MS clearly
las possible defined, so as 10 give Ger
tain,y' and uniformity TO the rights
sought TO be established. The persons
for whose benefit il is TO be protected,
and The. duration Of the projection
should be defined by the law. aoeJ
,dThe family, are the chief object Of
care, the source Of, blessing, and The
gprjneipal sufferers from want, and chief
ohiec.sofprotection. During the. debt
Hor's life, the family may consist Of the
wife alone, or only of children, or Of
both. SO after his, death, the family
may consist OF the widow, or, OF his
children, or Of both. So long as any re-
main, the sacred character ofthe Home