, 1862-04-22

more uPT1SnI, patIlol4C Or uCoIItpup1e
Executive. His untinely decease will fill
The breasts Of his people with sorrow, and
the whole West will sympathize with!their
grief.
Hon. Edward Solomon, OF Milwaukee,,
the Lieutenant Governor, now succeeds to
the Office Of Governor Of Wisconsin during
the remainder Of the term, which expires
On the first Of january, 1861
THE NEW CONSTITUTION AND
HOMESTEAD HXEMPT1oN-
The justice and policy of securing to /
every man and his family, who is able to
acquire homo, the enjoyments Of il, free |
from the claim Of his creditors, has been
conceded and recognized by law in most Of
the States. 1t is no injustice to the cred
itor, who knows when he gives the credit
that the exemption exists. 1t Sc
cures to every man home which !
he has acquired, in which to shelter
his wife and children, when from misfor~
tune OF sickness he may be unable to meet
his debts. It cheers his dying hours with
the consciousness that no grasping creditor
can drive bis widow and orphan children
houseIess from their home It is most
humane and beneficial law, and one which
the masses Of the people, and the best inter-
ests Of society require, as q protection
against the rapacity Of the selfish creditors
Of the poor and unfortunate.
The new Constitution strikes blow at
the most benifcent objects to be accom-
plishcd by such 3 law. It in effect protects
The home Of the debtor, against the claim
Of the mechanic, the merchant, and all or
dinary debts, which have to be collected
through the courts, and leaves it liable to
be seized by the money lender aud the
sharper, who has managed from the neces-
sites Of his creditor OF by deception, to ex~
torta mortgage with power Of sale OF g
deed Of trust. 1t is secured therefore,
against the debts OF the humble and poor,
but left subject to the debts Of the rich.
AL Constitutions are Limitations upon
the3 powers Of the Legislature. That
is, the Legislature may pass any
law, and exercise any powers, not
prohibited by the Constitution. Hence, the
Legislature passed the present Homestead
Exemption" law, and had power to make
it as wide in its provisions as they should
see ft-to amend and alter the same at
pleasure. 1t was evidently drawn up By
some one who was unaequainted with the
devices ofmoney-1enders and grasping cred
itors, deeds Of trust, and mortgages with
apower Of sale, under which the debtors
land can be sold without foreclosure il
court and issue Of execution. The autho,
Of The law evidently supposed all debt:
were to be collected by suit and forced
sales on execution, OF order Of court
It declares "there shall be exempt from
"1eyy and forced sales under any process
"or order from any court Of law or equity
"in this State, for debts contracted iron
''and after the fourth day of July, 1851
"the lot Of ground and the building
''thTeon, occupied as residence, an
"owned By the debtor, being q hoas'
"bolder and having a family, to til
'value Of one thousand dollar
"such exemption shall continue after IL
"dcath Of such householder, for the bcn
eft Of the widow OF family, some or OF
"of them continuing to occupy such hon
astead until the youngest child shall b
"come twenty-oae years of age, and uni
"the death Of such widow, elc."
The language is so plain, that the sir
plest can see, that the exemption only C.
tends to sales made under professor ord
Of q court Of Law or equity-and that sal
made under mortgages with power Of sa
or trust deeds, are not included wi.
in the Law, least that under such sal
the homestead may be swept away,
cfectual1y as if no such law existed. al
the Supreme Cour. have SO decided 81
could decide no other way. They decla
that sales made under powers in NO
gage or deed Of trust are not with
the 1aw-that such sales are not .tor<
sales mdde Under process Of court. So tt
the money lender who now parts with
gold Or ii stumrtail,'' without deed
trust or mortgage, with power Of sale, il
covers the homestead, can sell
house Of his debtor, which shelf
his children, and turn his widow and
phans into the street, whilst the man r
has furnished food and clothing for tht
the mechanic who has built the house, c
not touch it. Under the old Constitud
however, the Legislature had full po,
to alter and amend the law, 80 as to
brace trust deeds and mortgages and
other securities for debts But If the L
Constitution should be adopted, they
never do it; csn never extend the ho
stead exemption beyond the cases speci
and embraced within the present la
that is, to sales under process Or order I
court Of law or equity.
It is a rule Of construction Of Consl
lions and Statutes, that the assertion Of
thing is the exclusion Of another
when the Constitution provides
something may be done in q part
lar manner, or specific exemnt
are made, the Legislature is thereby
tied as to the manner and the extent If
exemptions. AS tue elementary law
ters express it: When a general aet
"fers inuunities which expressly ere
"certain persons from the effect and
erasiona Of it's provisions, it exclude
exemptions to which the subject II
shave been before entitled a* the com
s'1sW, for the introduction Of the ex
&s So 3r4esx+ ~ ali