New-York daily tribune., 1849-02-24
Homrstcad Exemption.


not see tit to secure 10 the Home Of a Family, tie
sane being the property Of the head Of that family
Immunity from legal alienation 10 satisfy some
debt or debts Of that head, we do not regard as
question OF very great Importance. We feel SO
certain that the principle Of Homestead Exemption
,,iH be engraited on the laws and policy of tins
and all other republican States that we cannot
easily be impeed to any manifestation OF anxiety
on the subject. The question IS IN our view one
Of time only and this is the form in which we put
It's Poblic Opinion as yet sufficiently eniight-
.ened and advanced with respect to the Right OF
Man 10 Live-and Of course to live s0Derhere-to
sustain a law of Homestead Exemption ? Fit
be- such law cannot be enacted too soon. IL It
be not premature success might rather postpone
than hasten the lasting establishment OF the true
prncple. II any legislator believes that Home
stead Exemption act passed this winter would
pretty surely be repealed next session--or at any
rate before it can have had fair trisl-he has In
that belief q strong reason for voting against the
measure
Yet we cannot consent 20 the unquestoned
currency Of such erroneous views OF the subject
as some OF our cotemporaries indulge In. This
talk OF Legislatures releasing men from the obi
CATION Of their debts authorizing them to repudi-
ate, &c seems TO us quite wide OF the mark. The
objection to pay debts is something quite apart
from and above the acts OF Legislatures the obi
cation to collect debts is the thing To be considered
How far shall Legislatures go in talking away
the property Of an unwilling debtor and handing it
over to an exacting creditor Everybody vlrtu-
ally admits that there is properly some limit which
legislation in behalf OF creditors should not over
step; the pertinent query is where shall we find
or place that limit Nobody insists that the law
should take the coat oil the debtors back, the
blanket from his bed the schoolbooks out of his
chlldrens hands the bread out of their mouths,
TO pay ever so just and urgent a debt. Here,
then, are limitations universally conceded and
they imply principle underlying them. What is
that principle Obviously ths-That whatever
is necessary to the subsistence and decent main
Il tenance of the debtors fsmily-tbeir health, and
i physical comfort and mental development-should
\ be left them by the ministers of the law who
Il in search OF property wherewith to satisfy his
i creditors demand. II this is not the principle
/ which all Exemptions are based we know not
\ what is. In other words, the Law recognizes and
/ afms an obgaticn of the debtor more imperative
II than that to his creditor-namely the obligation
II to satisfy the manifest necessities of his family.
II Now is or is not home of some sort one OF these
II Decesstes' Ii it be, is it right to take that home
II utterly from them and turn ii over TO the credtorl
II This is the real queston--let II bc fairly met.
II 1--we were beginning to-day to lay the primary
II foundations Of Government the policy OF enforcing
II by law the collection OF simple debts at all would
II be worthy of grave consideration. That Fraud
| n. frrf its
venton should prove unavailing, be punished, is a
matter of course but the non-payment OF a debt
II isnot necessarily fraudulent, and we all do know
II hattis often absolute Observation-Disclosures debtor
II is often more to be pited in his inability to pay
II than the creditor in his inability to Obtain pay
ment. five could see any way to secure hdehty
II in the administration of trusts, including the set
tlement of estates, the accounts OF guardians, ex
ecators. the surrender of property held by loan
lease, &c. in the absence of such laws, we should
II like to one fair experiment of community dis-
II psnsing with all laws whatever providing ior the
II collection OF debts But, aside from the intrinsic
n Obstacles to such a change the fact that the spe-
II cial interests of the two classes by whom Public
II Opinion is governed-thc Traders and the Law
II yers-are strongly adverse to such change rem
ders all speculation on the subject unproiitabc-
II We shall continue to have laws for the collection oI
debts, but how far shall they reach we have
II greatly modified and limited their operation during
the last forty years where IN tins course shail we
stop That many think we have gone too lar al
II ready is not conclusive; for great many thought
II Social Order would be subverted and Honest
Ii Dealing extinguished when we abolished lmpn-
sonment for Debt yet we see the earth revoives
II ON its axis as before. Farther changes IN the same
direction have since been made, in the face oil the
most dolorous crosking, yet we believe the preVa
lent opinion to agree with ours In affirming ihs''
while there have been special instances IN "h''h
II Injustice and knavery have been favored sno
II shielded by such relaxations, their genera' eheo'
Il has been good II this be seriously disputed, let
direct appeal be taken to the people and note the
result.
II We believe the addition oi Homestead
which we would prefer to see defined by ITS su'
perfcial area rather than its cash value-to the
nat of articles which n creditor may not take from
his debtor by virtue of compulsory process ound-
cd ON inasment for debt, would he salutary
change. If one Of its effects should be dlmlnu'
ton of the facility with which improvident or
knsvish persons may obtain credit, we should es-
L peclalN acllkat IN fN0t itAluft W IT, VPN'""
II is high time that tried Integrity, established
Chsractcr, had more to do with the granting OF
Credit than at present. Hawk eyed, unscrupu-
lous slippery men do great deal larger share OF
the worlds business than it is wholesome to have
them do-more than they could do if the Law did
no, come to the aid OF their credit by volunteering
to make them pay their debts provided anything
can be found in their hands to sweat the money
gu, Of So OF the large class who are idiing away
their time about groggeries and other haunts when
they ought to be at work, living and squsnderins
on credit which they could not obtain II the law
lid no, volunteer to take the shelter from over
their wives aud childrens heads and with 1t tmaSe
payment of their grog bills. Often that home was
the wiles marriage portion or has been earned by
eer incessant toll since marriage, and yet her
husbands creditors and their lawyers must nave
tand she be indebted To charity for shelter Tor