Volcano weekly ledger., 1857-02-28
The Homestead Act.

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The Constitution Of the State of Califor-
MIA, section l5, article XI provides that
"The legislature shall protect by law, from
forced sale, certain portion of the home
stead and other propertyof all heads of fam
lies" This clause was considered by the fra
mers Of the constitution, and those who advo.
Gated the principle, as being protection to
families from the extravaganza and reck-
lessness, and in some cases, from the misfor
tune of the one on whom they are depend
ent. 1t was intended for step in the great
democratic progression which was to secure
the greatest good to the greatest number,
and especially to aid the poorer class. 1t
was argued that it was an economical meas
ure in point of taxes for the support and main
tanaince Of the poor, in placing as a lure to
industry and frugality the possibility Of a
home for them and theirs, that would be
secure from all the vicissitudes of fortune,
and beyond the reach of cdpias 1t was
further intended as check on him who
"putteth thief in at his mouth to steal
away his brains;" to place him in position
where his custom would not be sought when
the only hope of payment was in the sale OF
the home Of the drunkard's S family.
One other idea was incidentally considered
in its adoption, and that was the consequent
curtailing of the "credit system 1t was
plainly foreseen that il a certain portion OF
the property of any one was exempted from
forced sale, his credit was diminished in that
amount, and surely no creditor could com
plain at this. If be saw fit to sell toa man
whose property he knew to be beypnd his
reach, be must take the consequence, and if
the debtor fail to comply with his promises,
the creditor has no one to blame but himself
This is not the only law which has been
enacted by our legislature with the express
design to discourage credit and place all trade
on a cash basis.
But it is not our intention here to discuss
the merits of this latter policy. We merely
advert to it as one of the reasons urged in
favor of exemption by its friends
California does not stand alone in regard
to this great safeguard from penury, and in
eentiye to industry. Many of our sister
States have q similar clause in their respect
i've constitutions, and Others have, we believe
enacted by statute that which was not direct
ly ordered by their organic law. In no
State have they retrograded from this their
advance in political economy.
Is it for California to set the example in
receding from this truly democratic principle
of protecting the weak, caring for the poor,
and shielding the defenseless viii she do
it2
At the present we have law, framed by
the legislature in accordance with the COM
mands Of the constitution. 1t as yet has
worked well, and to the extent of those in
cluded in the taao, has given perfect satisfact-
ion to all whose interests in pecuniary point
of view have not been restricted from en-
eroachments on the rights of Others, by the
provisions of the act And still there are
those, who from some motive which it is un-
necessary for us to impugn, have been and
still are making strenuous exertions to render
nugatory all the beneficial features Of the
homestead exemption act, by throwing
around it all the difficulties possible in secu-
ring its benefit, and rendering those who are
desirous of accepting the independence it of.
fers, as marked men in a community.
The principal changes sought to be made
in the law at present, ore, to require that the
property claimed as homestead must be re.
corded as such IN the Office of the Recorder
Of deeds; TO lessen the amount exempted, tc