Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1850-12-05
constitutional Convention.

IT.
The Convention resumed the consideration of the sec
ton exemptng reasonable amount of property from
forced sale execution. -
Mr. FoLHY moved that Mr.. WALpoLE's amendment.
fixing the amount of property to be exempted at not less
than $780, be laid upon the table; which motion pre-
vailed, ayes 81, noes &c.,
Mr. WAIroLE then moved that the amount exempted
should not be less than $780,
Mr. CARR moved that the section and pending amend.
ment be indeititely postponed.
Mr. HALL was In favor of the postponement. His con-
stituents were opposed a homestead exemption Their
representative last winter in the Legislature voted for
law of this kind; but such the disapprobation OF
the people, that they refused to send him back although
in other respects gentleman of much popularity He
was willing see the whole left to legislative
action where it properly belonged
/ Mr. MAY advocated the principles of homestead ex
emption, in speech of considerable length He wished
to see the principle recognized in the Constitution and
had prepared amendment of that kind. He believed
the principle would ultimately prevail The people had
decided that there should be Imprisonment for debt
that mans liberty should not be takenfrom hm-and
they would decide against taking his home from him.
/ Mr. Bowers stood pledged to his constituents against
inserting the homestead provision in the Constitution.
The vote Of the representative OF his county against the
final passage of the bill of last winter, saved him his
election this year
Mr. STEVENSON said there was an argument urged on
yesterday that if the homestead exemption be right.
why insert it in the CONSTITUTIONS He believed it
be rght-but homestead exemption is necessarily
one of detail. The amount of exemption cannot be
properly fixed in a Constitution. The amount that
might be necessary now, might not De proper one IN
ten or twenty years In every view of the question he
and convinced of the necessity of leav
ing the matter the Legislature. There evidence
that the Legislature would not go back in exemptions
They have been constantly increasing the amount in ia
vor OF the debtor.
Mr.. BoRBEx was opposed to an indefinite postpone
ment. He hoped his amendment, inserting the words
"real and PERSONAL would be adopted as would more
i clearly define the matter But vote to postpone.
would be giving expression against any exemption of
property.
Mr. OWEN said that if there be one vote he would
give this Convention, that the people of the State
would sustan-both at the North and the South-t
the one he about to give against the postponement
of section under consideration wheth-
er there should be exemption of property not.
To postpone would be deciding against present
exemption of one hundred and twenty-five dollars
Mr.. GORDON was in favor of an indefinite postpone
ment. He believed the whole matter should be left
under the present Constitution He individually in
favor Of homestead exemption but there strong
opposition to in many parts of the State There was
opposition to 1t in his District, and its adoption a
part of the organic law would endanger the adoption Of
the new Constitution.
Mr.. PEPPER of Crawford was in favor of an indefinite
postponement. He read from the message of
Governor Dunnng in favor of a homestead exemption,
urging it upon the Legislature; and If not adopted
there then this Convention should adopt it, also a
luton, the effect adopted by the Whg members
of the Legislature, to show that the question was
submitted to the people, in the strongest point OF view
He contended that the people had rejected by sending
Delegates here opposed to 1t. constitution might be
valuable reforms that might be engraited upon but he
asked whether it would be right do it, in opposition
TO the peopel He would not be understood opposing
exemption Of property. One hundred and twenty five
dollars he thought sufficient Ii might not be in
ten years. He willing to leave the whole matter
with the Legislature.
vote for homestead exemption; but he under
pledge property sufficient for all TO live
that in addition his physical properties should
have sufficient property left him to gain him living He
hat he he
that there should be Imprisonment for debt but, also
that the debtor should have property sufficient left him to
enable him to gain q comfortable living.
Mr.. RITcHEy thought the present exemption was not
sufficient. Few men, in this Convention would be will
ling to be left with only this He hoped that the
present section would be retained and the details be left
RI READ of Monroe hoped the section would not be
indefinitely postponed. That if gentlemen deter
mined to vote down principle much in consonance
with the spirit OF the age, and OF humanity, that they
would least take the mlder of laying the section
the table, He prepared to vote for inserting
homestead exemption in the Constitution; but the sec
tion under consideration should be adopted.
The discussion continued by Messrs. Sherrod, Muir
ray, and Kelso in feeling and animated speeches. the
latter gentleman contendng that the Convention should
fix a minimum amount as an exemption, below which it
should not be reduced He thought the amount should
not be less than four hundred dollars.
Before the question taken the the Convention ad
Ijourned.
In the afternoon the discussion contnuedb Messrs
Foster and Dobson when
Mr.. PRATHER moved that the amendments he laid
upon the table; which motion prevailed ayes 81, noes
Mr. CARR then withdrew the motion to indefinitely
POstpO1e;
ed, should not be less than $500.
Mr. HARDIN then moved the previous question; which
being sustained, first put Mr.. Walpoes amend
men which decided in the negative, ayes az, noes
81.
The question was then taken on the engros,ment of
the section for a third reading, and decided in the afr-
native, ayes 116, noes H.
The section, as ordered to be engrossed reads fol-
lows. to-wit:
The privilege Of the debtor enjoy the necessary
comforts of life shall be recognized by wholesome laws,
cxemptng reasonable amount OF property from seizure
sale for the payment Of any debt or liability hereafter
The Convention then again proceeded to the consider
aton of the first section relation to the right OF mar
ried women 10 hold property.
Mr. RITcHEY moved that the section and pending
amendments be laid upon the table, which motion pre-
vailed, ayes 65, noes 64
The second section on the subject then read
second time when
Mr. BLYTHE moved that the section be stricken out,
r and the following inserted a substitute, to-wt:
The real and personal property of women, whether
owned before marriages. or afterwards acquired by Pur
chase gift devise descent shall be and remain sacred
to them, under equitable conditions OF law"
Mr. NEWMAN moved to amend by inserting after the
word gftn the words other than from the husband
in fraud of his creditors y which was accepted by Mr.
Blythe
Mr.. BAscoM moved that the section and pending
amendments be laid upon the table which motion did
not prevail, ayes "a, noes 49,
which was TO extend the existing right women to hold
real estate Statute Book, to personal pro-
perty The sections, originally introduced, were la
bic c objections which he believed contcmpa
ted by the author their advocates and objections had
been urged which, in his opinion, untenatde. He
thought simple section. in the language he had intr
duced would carry out the wishes Of tho Convens'9n
nd IF he