Portage sentinel. [volume] (Ravenna, Ohio) 1845-1854, 1849-01-24

asPoet III WHICH we can view this subject,
the same admonition stares us in the face
Protect the Poor!-an above all protect
the Homestead OF the poor mans family
This admonition ought to be the most i'm
portant study Of the Legislator and Of the
Government. Protect the poor, for in their
precarious condition they connot contend
with the rich without every day losing some
OF their advantages; protect the poor, that
they may keep by law, by custom, by a
perpetual exemption, rather than by compe-
tltion-that source of rivalry and hatred
that interest in the soil which the God of
nature designea they should retain, and to
which tE.eir toll eutitle them; that they may
rest in security; increase in knowledge and
virtue; and become what they ought to be-,
the very pillars of our Government.
But, to return from this DEPRESSION. The
exemption of the family Homestead from
judicial sales, seems TO be a measure de-
manded by justice and humanity, as well
as the progressive spirit of the age. How
to realize it by practical effect, seems at
first to be difficult But, under the Ohio
Laws, it is question Of easy solution, and
the measure may be carried out in perfect
harmony with existing laws, with very
slight additional provisions. The first step
is to renderit equalto all who may need It's
provisions. Some standard must therefore
be adopted. Quantity Of land cannot form
the measure, because the value varies. The
value of the Homestead must therefore be
measured by money, the universal stand
ard. Six hundred dollars will be found an
average value of the Homestead in towns
and country, or traders, farmers, mechan-
les, manufacturers and laborers, needing
this protection. This sum may therefore
BE- assumed as a standard.
As the law connot bestow property, but
only secure its possession, the fact must
first be ascertained that, the property pro-
ceeding against is the< Family Homestead,
and also its zvaal.e This can be done by
the same inquest and proceedings, by which,
under existing laws, lands are appraised
before sale. If the property be Home
stead, and not exceeding the value of six
hundred dollars, the fact being found un-
der 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 shown by either party. By
this means security may be furnished to
the debtor and justice to the creditor, in ac-
cordance with the provisions of law.
But it may often happen that the Home
stead exceeds eight hundred dollars in val
ue. Is the debtor then to 60 unprotected?
By no means. In such cases the property
will generally be capable of division. So
much, therefore, may be set off for the
Homestead, as will equal the standard a.
dopted, leaving the residue for sale.
1t may sometimes happen that no divis-
ion can take pace. In such case the debt
or can claim no protection, because if he
was allowed to retain it all, the Homestead
exemption might become the means of in
justice, and perhaps fraud and besides, it
is debtors own act, that from pride, luxu-
ry, or other motive, he has chosen to adopt
as Homestead, what the law cannot, with
out injustice, protect. The law can seldom
provide for every case, and the practical
legislator will only seek to obtain the largest
practicable amount of good. He will not,
or should not, be deferred from doing what
is in his power, because he cannot obtain
universal good. The law should. there,
provide that where tke property exceeds six
hundred dollars in value, an allotment shall
be made by the same officers, where it can
be done SO as to afford protection. To Sc
cure Justice 10 both debtor and creditor, this
allotment is subject to the revision Of the
Court.
1t is not only during the debto.s's life
time that the Homestead should be protect
ed. After his des.in by existing laws his
real est. ..e is subject to sale for debt, by ad-
ministrators And'it is singular inhu-
manity of the law, that when death removes
the head of family, his wife and children
shall have no longer a roof to shelter them.
No sooner has death borne out the father,
leaving in dismay and agony heart-strick-
en- wife, and helpless children, than the law
stalks in to cast them out, prey to want
and misery. And thus it often happens
that mother is hurried to the grave, ieav-
ing the sons and daughters no resort but
| vice and crime-no home but the broad
world before them! If there is any time
when the Homestead should be inviolate, let
it be so to the window and orphans. Ac-
cosdingly, the law should provide that it
shall not be subject to sale by administra-
tors, and the same means adopted as in
other cases, to afford that protection.
In all cases of this character, the intent
and subject matter and persons to be oper-
ated upon, should be clearly as possible de-
fined, SO as to give certainty and uniformity
TO the rights sought to be established. The
persons for whose benefit it is to be pro-
tected, aid the duration of that protection
should be defined By the law
The family are the chief object of care,
the source of blessing, and the principal suf-
ierers from want, and chief objects of pro-
lection. During the debtors life, the fami-
ly may consist Of the wife, alone, or only tf
children, or of both. So after his death, the
family may consist of his widow, or of his
children, or of both So long as any re-
main; the sacred character Of the Home
stead should protect and shelter them. In
case Of both parties being dead, the Home
stead continues to be protected only until
the youngest child becomes of age, and no
longer. For in the order of nature, chill
dren usually, upon attaining full age, and
often before that time, acquire for themsel-