Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1850-01-24
Speech OF Fzr. Carver, on Homestead
Exemption.

Speech OF MIR. Carver, on Homestead
Exemption.
Tae BIZ propidiag for Homestead. introduced By
Mr.. Carer, kauing been referred to the committee
on heJadiciary, i0hO6y their chairman reported thai
a lOas i"erPedeHt to sgisats upon The subject. Mr..
Carer said
Nh. PREsIDENT:-I have for a long time been well
satisfied that law like the couched in this bill
ought to be passed have long advocated the doc
trine, that family homestead should be exempt from
execution.
In looking over the English execution laws made
by the feudal Lords, under the reign Of Edward the
LIST, would be led TO think that the rich, the afu
eni, and The great, who then alone held the regns of
government in England. and who were the main cred
itors in the kingdom, had indeed already gone much
too far with their execution, wriis of sea- a., f. ia,
Sa &C. By which the creditor could take in execution
the body aud goods, or the and and goods but not
body and lands too, upon any judgment between sub
Ject aud subject, in the course of the common law.
Thus far only could the creditor Cypress and punish
his debtor in England in that (Which sometimes
cal dark and barbarous age in that land of oPPres-
siOn where wealth and capital ieglmaiely rule; and
the right to do is scarcely questioned but we, vino
live In the nineteenth century, in the Sta.e of lndI
ana, where we boast Of our freedom, equality and
bensvOieRce have certainly improved upon this system
of refined barbariiy, and until recently, went the
whole hog with wrts of execution; and sud goods,
lands body. soul aud all
was first in favor Of this law, merely because it
would from penury, want, and oftenlImes total
destruction, whole families, when the Father and
husband, either by misfortune, extravagance or acct
dent become the victim debtor Of sbyock creditor.
And indeed this is sufficient argument for the adop
ton Of this law.
What Justice is there IN present system! The
most of the unpaid debts are so. either because the
debtor has been overreached and taken in by the cred
itOr, If may that expression, that the debtor
of his own free WILL unfortunately extended his debts
foo far rolSo has i'm h,sSps sick
ness or otherwise: none of which acts are per sc,
criminal; but unfortunate acts which the creditor
and debtor eqnaly blame, If blame is to be at
tnched at all to either. Then why permit one of the
co-acors punish the other and tear from him the
last vestige Of happiness the to render his
family comfortable and happy! There is no Justice,
reason sense, in the vile system; it is disgrace
to statute book thus to put it in the power OF one
of the contracting parties to punish the other for
failure to perform his part of the agreement. Yes.
TO permit him to infiIct punishment upon his victim,
more than that which is inflicted gull
~ Of the ordinary crimes In our State.
For stealing u mans horse, you lock the f,low up
In prison short time, with plenty of wholesome
food and comfortable clothes for violating civil
contract you wrench from him the last foot Of
that soil that his God intended Inheritance
for him; YOU take from him and his family the last
hope of procuring in this world, forever comforia
bic living Then who is punished the severest, th,
thief the deb,orl / need not answer. Why all thi:
legislation in favor of the creditor against the debtor
it looks as though thought, If we would but tak'
of the creditor the creditor would take %
the debtor: have the kind of care they have
taken, and what does it amount toi Such care as The
wolf iakcih of the lamb. For ages past, laws have
been made with view TO enhance tie interests OF iht
rich creditors. Let now for while eglsate fu
the poor debtor, and in the passage OF this law
il does not manfesy tend To- the improvement of th'
whole community There will be much less difficulty
in the collection of debts, than In the frs
place. no one can then long obtain credit, WHO /:
not known TO be honest and willing to pay his debts
nnd secondly, il will stimulate The poor to homes
industry first obtain home and then to become
good, honorable citizen; it will give him the means
and educate bis family; thereby benehting tn
world, by making good citizens of them,-which th'
poor creditor can not now do; for fast dOlla
may come into his possession, ii may be sacrifices
under the executiOner's hammer. What encourage
meHt has q man under these circumstances, 10 ma X
any exertions to pay his debts! none sir. none.
II has been argued that this law would assist TIN
dishonest man in defrauding those who would Civ
him credit. Now 1t does To me that this is no
n very efficient argument, for there is not nelli
gent lawyer living but what well knows, that where
has with the intention of defrauding HI
world and obtaining money by his credit, for III
purpose Of keeping il from his creditors there
yet law made that could collect from him
dime. A man may now, and could even when IL wa
pocket. and some do have thousands of dollars, ant
yet the law will not enable their creditors to cOllec
one cent Your law has no effect upon such men
you can make no law that will reach such villains
it only operates upon the who intended 4
pay his debts honestly when he contracted them.
defy you 10 make execution law to reach any 9th
ers. Give such a chance then. and he will pa
his debts il lie ever can; if he cannot, he will do al
that he towards ii and if yet he be unable 4
do any thing, the law ought not allow his creditor 4
execute him and his whole family. make beggars c
iheIn-desr0y all their hopes of prosperi,y-and nu
bic aspirations of The soul hope, sir. that the Sen
ate will not in the report OF the Committee.
MEssRS EDTroRS ALLOW send TO you the synopsi
Of speech made by myself during the debate the bi
amending the charter OF the White Water Canal woul
not have tIoubIed you with these remarks IL ne
that false impression that it the bill which
introduced and urged sienuouly the passage Of hruug
Senate, which vetoed the Governor The
vetoed by him bill DATED and presented by The CON
mittee Of Ways and Means amendment 10 the bill
Mr. Stone Of Fsyette and the passage Of s thoug
the Senate, my request, the bill introduced BY
laid the table. =
Please insert this note in your paper with my remark
and oblige your obedieut servant,
January I6, 1850. JOHN S. REID.
Speech of Ezr. Reid Of Union,