The Kansas herald of freedom. [volume] (Wakarusa, Kan. Territory) 1854-1860, 1859-01-29
u,,,,, oa.nr.-Answ exemption Law
We notice that ther"
House "An - as eesFe the
n, ESogon, paol Es,ata


We notice that there
House "An a. befoFe the |
--ss b Exempt Real Estate
.ua Personal Property from sale or ex-
ecution," (House Bill No. s7,s which con-
templates radical change in the present
law, temporarily in favor of creditors, but
which, if it passes, will almost strip hun !
dreds of worthy settlers of the means
necessary for earning living and render
ing their families comfortable. We are
opposed to the credit system, except in
the regular order of commercial business.
and believe that the true policy of law, in
order to promote high moral standard
in society. should be to discourage credits
founded upon apparent pecuniary respon-
sibility by the possession of property
True, temporary accommodations and cred
its to farmers, mechanics ard others, are at
times necessary; but the general character
o. the debtor for integrity, honesty
and punctuality, should be the criterion of
credit. No matter what amount Of prop
erty man may have in his hands when
debt is contracted, he can readily secrete
or dispose of it to avoid the payment of
his debts if so inclined and the idea of
depending upon his apparent resources as
a safeguard for the creditor, is a fallacy.
A liberal exemption law, like the present
one. which was passed by the las. Legis-
lature, will better enable creditors to. OBJ
tain the Ultimate payment of their de-
mands, than the one now before the
House, which provides for stripping men
of necessary facilities for carrying on their
business, making living for themselves
and families, or acquiring a surplus to
apply to the payment Of their old debts.
The new law will be deemed an act of
oppression by thousands of settlers, and
every man who votes for it will be held
to strict accountability by his neighbors.
1t is merely scheme of the ShylocAs and
FIVE percent a-month money lenders, who
having taken advantage of mems neces-
sites and beguiled them into their meshes
whilst the victims relied upon the protec-
ton of the present exemption law, now
seek to make safe all their risks, and
grasp sat one fell swoop' the little that
the poor victim claims. The Shylocks
seek to wrest from the men, women and
children of a family, almost everything
that the latter may have earned, collected,
gathered or reared for mutual comfort,
stimulated by fond belief that they
would not be disturbed by old debts, until
by the rise in the value of land, the in
crease of stock, and beautiful harvests,
they could attain competence, and be
able to spare, without discomfort, enough
to liquidate old scores.
Thousands of energetic and industrious
men, who have been unfortunate in the
States, have come to Kansas to better
their condition. Here they have also met
misfortune but worked hopefully and
earnestly to accomplish their purpose
The law of the late Legislature protected
and encouraged such men in their efforts
without doing any injustice to creditors.-
1t is hard, it is unjust, it is cruel now to
blast the hopes of wives and children and
earnest working men, by repeating that
law. The people relied upon it, and
eastern friends and relatives have aided
thousands of our people with means to
come here and get new start in the world,
believing that respite of three or four
years from the prosecutions of old debts
would enable those most dear to them to
regain their position in the world. Shall
such contributions and assistance be now
applied to the payment of old debts
which the creditors could never collect in
the States, after stripping their debtors
and driving them forth to the wilderness
to seek home ? The present exemption
law is good enough. 1t works no injustice
to any one. 1t enables a man to pay his
debts more readily than if he had nothing
to do with. A blunder of one word in
enrolling the present law "before" in
stead of latter" in the first section, requires
correction; but we appeal to every men,
Der of the Legislature to think and act
carefully and literally on this subject, if
he has at heart the welfare of the Terri
tory, the comfort and happiness of his
constituents and his own popularity.
What benefit would such an exemption
as the following be to settlers p
SEC. 10. That all such persons as are
contemplated in section four of this Act,
shall also hold the following property
exempt from execution or sale, on any
judgment or decree. Firstly, The wearing
apparel of such family, the beds, bed
steads and bedding, necessary for the use
of such family one stove and fixtures,
used either for cooking or warming the
dwelling house, an amount of fuel suf-
ficient for sixty days, actually provided
and designed for the use of such family.
Secondly, One COW, two swine, or the
pork therefrom, six sheep, the wool shorn
from them, and the cloth or other articles
manufactured therefrom, and Sufficient
feed for such animals, when owned by
the debtor for the period of sixty days.
Thirdly, Any amount of provisions
actually prepared and designed for the
sustenance'of such family, not exceeding