The national era. [volume] (Washington [D.C.]) 1847-1860, 1851-07-24
HON ESTEAD EXEMPTION.


In the address Of the Industrial Congress, held
at Albany early in June it is stated that half the
States in the Union have adopted the policy Of
exempting the homestead Of debtors from execu-
ton. The reservation is limited in value we be-
lieve, from $500 to 5000 Michigan was proba-
bly, the earliest to adopt the measure; Pennsyl-
vsnis, which ten years ago abolished imprison-
ment for debt, followed soon after, and now Ma
ryland has made it part of her fundamental law,
and Tennessee is discussing it, with good pros
poets Of immediate success.
The exemption of q certain amount of personal
property, made up Of household furniture, COW,
few pigs and sheep, provisions Of fuel and food,
personal clothing school books, Bibles, and the
implements of industry within a small valuation,
obtains, perhaps, in all the States. This has been
conceded, most probably, in that sentiment Of
charity which provides hospitals and poor-houses
for the utterly helpless and destitute. The ad-
vance now in progress, though apparently only
an enlargement, in fact implies distinct differ
ence Of principle. The old rule of exemption
only anticipated the almsgiving which gets allow
ance under any set Of opinions known to civilira-
tion bat the ssnetity of the homestead embraces
other and larger views Of mems inalienable rights
and social duties. Ii gives gospel breadth to
the latent spirit Of the old law. The mountain
uembed under the general snnunciation that all
: >SsA liberty, a. shc r rS=-.
Of happiness" but the very graves are opened
when all the institutions and methods are given
which shall fuHI the law sno the prophets in cir.
cumstantisl detail The charter Of civil and po-
ltical liberty, given in 1916, rested on the centre
principle of absolute liberty, but it remains to
conform the actual policy of life to its deepest
meaning.
The Republic Of the United States was more
than fifty years old before the .aleno5le Hberty'
of the Declaration of Independence ceased to be
the forfeiture which poverty suffered for the
crime of debt. 1t is quite certain now that be-
fore the doctrine is century old, it will get a
thorough acknowledgment, and effectual applica-
ton, in this direction Legislation, heretofore
occupied almost solely, with the interests of prop.
erty is beginning to have respect to the inherent
and inalienable rights of man. The rights vest
ed by contract in the capitalist and creditor
which Constitutions and civil sentiment have
been so careful to guard, are beginning to give
way wherever they conflict with the prior rights
vested" in every man by his Creator. And the
old idea that a man must so use that which is
his own, not to injure his neghbor," is receiv-
| ing the more liberal construction which shall pro-
tect life, liberty, and happiness against any claim
| II oh - Ioot IA
claring that the eIactions which are inhuman
shall also be deemed unlawful
To those who never look deeper than the rea-
sons of the present rule, and know nothing of
facts but the established order, revolutionary
changes look like monstrous violations of princi-
pie but the solid globe and all the beings which
inhabit it are under the law of change, that they
may grow as well as live; and it is blindness and
narrowness to see nothing but destruction in the
process by which old forms are subjected to the
law of an inevi table progress. The essential life
is the same through all orderly change.
But the exemption of landed estate from COM
pulsory sale in payment Of debt is not even
new principle in the policy Of business.
Under the common law of England, real estate
could not be sold or transferred by the tenant in
fee, or as we say owner, nor could he subject his
land to the payment of his debts, nor in any man
ner treat it as capital in trade, or make it the
basis of credit in business. Not even the con.
sent of the lord from whom the land was immedi-
ately held could enable the owner Of freehold
to convey his estate, unless he also obtained the
consent Of his own next apparent or presumptive
heir.
These restrictions rose in part out of the feudal
connection between the lord and his tenant, and
were designed to preserve it; but they also COM
pretended and provided for the interests Of the
heir, with special reference to his rights and ne
cessities. The owner was also, and for the same
reasons, incapable of devsing his real estate by
WILL or Of altering or affecting its descent, by i'm
posing any limitations or conditions Alienation
was, in theory, impossible, law writer's say, be-
cause the grant was made to the tenant on condi-
ton of personal services and fealty, which he
could not at will devolve upon another, and be-
cause the heirs always named in the grant, were
held to be bene6cially interested, and could not
rightfully be dispossessed without their consent.
These restraints wore off gradually as the rigor Of
the feudal system sbated and the baronial govern
nepts became absorbed in the Kings and the old
time nobility Of blood and bearing gave place to
the new dynasty Of money. Trade and COM
merce, which are the measures and exponents Of
modern civilization, required increase of capital
property in land was converted into marketable
commodity, and estates were unfetteredn to an
swer the demands Of enlarging exchanges.
By the common law, the creditor could only
| have satisfaction of his debt out Of the goods,
chattels, and the present profits OF the debtors
lands; but could not sell or take possession Of the
lands themselves Edward I about A. ID. 1857
gave the writ Of siega to the judgment creditor,
by which the defendants goods and chattels were
seized, and, otter being appraised, were delivered
to the plaintiff, at the price fixed, in discharge Of
his claim. IL the personal property thus deliv-
cred was not sufficient to satisfy the debt, one hd
of his freehold lands we're also delivered to the
plaintiff to be held till out Of the rents and prof.
it's the debt should be fully paid. BY another
law, made the same year, persons engaged IN trade
might pawn the whole of their lands until in like
manner the debt should be discharged This
was, however, permitted only among traders for
the benefit Of commerce. 10 pursuance Of the
same policy, and limited to the class Of per-
sons, by the several statutes Of bankruptcy, the
whole Of the bankrupt's lands are now subject to
be sold for the benefit Of creditors 1t is the
spirit Of trade, the dynasty Of merchandise, that
has chattelli.ed the soil Of the civilized world,
and mt the home and hearth stona undar the An q
tioneer's hammer.
Tenderness toward title in land, and regard
for the sacredness Of the homestead, appear very