Daily Richmond Whig. [volume] (Richmond, Va.) 1865-1869, 1866-02-17
The Homestead Exemption for Virginia:

The Homestead Exemption for Virginia
The losses Of this State by the rayages o.
war-the emancipation o~fslaves, the destruction
of dwellings and out-houses, of farming imple-
ments, fences, crops, stock, the interruption
Of industrial pursuits, the annihilation Of its
only currency, and the destruction Of its banks,
stocks, and SecuritieS-wer immense. All lett
TO us is our real property, and much OF that is
encountered with old debts, with accumulated
and still accommodating interest. The war de
stroyed property, bat LEFT these old debts. In
terest increased the amount of these liabilities,
while the means Of satisfying them were de
strOyed. War brought its deSolatious peace
should bring its r%eliefS. To interpoSe betweeu
debtor and creditor is a thing TO be avoided, eN-
cept in cases where individual hardship is 50
grievOus, and the uumber subjected To this
hardship so great, as to make il amount % OPP
preston upon the people, and To a political,
social and industrial injury to the State. In
timeso Of profound peace, when proHigate Specu-
lation and reckless over-tradiug have caused
financial distress, the legislative authority,
Federal and State, has interpoSed between
debtor and creditor, 10 give to the former the
benefit Of bankrupt, exemption and toy-laws.
At the present epoch the Federal authority
has been exercised TO the extent Of declaring
null and void all the war-debtS Of the Southern
States, and requiring these States to repudIate
them. \ State has inherent Sell-protecting,
SelErelieving power, which it is its duty to
use in times of difficulty, pressure and suffer
ing. This power should be exercised with.et-
~iciency, but with Judgment and integrity
Honest debts should not be repudiated, and, As
far as practicable, all interference between the
debtor and creditor, and all tampering with
the remedies of the latter against the former,
should be avoided. But while such debts
as we have referred to exist in Viz
ginia, there is, perhaps, less general in
debtedneSS than there ever was in tho State.
While Confederate notes were SO abundant,
thousands Of people paid their old debts, prin-
cipal and interest. Some refused to receive
them in payment OF indebtedness, and do not,
therefore, deserve much consideration at tine
hands OF their debtors. 1t is proposed to give
the homestead interest exemption, not only
from execution for all future, but all past debts.
II this measure, so universally adopted by
other States, is to he adopted in Virginia, this.
is the most favorable time for it that will ever
occur. Subsequent creditors viii not have
cause TO complain, and prior creditors, whose
debts will not be eNtinguiShed, should, and
doubtless will, in the general distress, be will
ing TO see this bcnignant measure of relief
adopted. The preservation to every land
holder and HORSEPOWER Of a permanent inter-
est, placed above the reach OF contingencies,
will be a nucleus for more extended acquisi-
tons, and will better enable debtors TO pay of
old liabilities. There are few men who do not
bear the double character of debtor and cred
itor. SO that if the homestead interest OF ones
debtor is placed beyond his reach, his home
stead interest is placed beyond the reach OF
his creditor. Few are injured and nearly all
arc benefited.
1t has been but 4 few short years since the
debtor was punished as a criminal by imprisOn-
ment in Jail. Unless he paid the debt he lay
at the mercy of the creditor. Hundreds and
ALNANahNto VI NNNA AiiANAA tNllHAA1 NANFANAN n.y."
and died in prison. There was a time when all
that a man possessed was Suhict to be taken for
his debts. In the lapse Of time, and under the
beniguant influences of education, civilization
aud true religion, meiorations and mitigations
have been introduced. Imprisonment for debt
has been abolished, and certain articles Of
property have been exempted from liability for
Indebtedness. This exemption was first applied
to articles deemed indispenSably necessary
such as a bed and cooking utensils, the tools of
the mechanic and the books OF the scholar
wise and beniguaus spirit thatled To these
meliorations has, in these days, reached an
other and a mos, salutary degree Of develop
ment, in the exemption of 4 certain portion OF
real property called "the homestead" The
argument was logical and irresistible. AZ =
is necessary, a house to place that bed IN
necessary and a piece Of land to supply
the wants of the household. This homestead
exemption is a leading feature Of this period
Of political and social history. 1t has been in
corporated in the systems Of nearly all the
States of the Union. We extract from the
columns of a contemporary the following alb
stract of homestead exemptions
AIaBdma-Forty acres OF land.
ArkarSGS-One hundred and sixty acres Of land,
or one city or town lot, without reference to the
value, with all Improvements.
CGhfOrniG-A homestead, with Westinghouse
and its appurtsnances, TO the value OF hye thousand
dollars.
~FYoyida-Forty acres Of land.
~GeorgiG-Fifty acres OF land, with dwelling, &c,
r- A., ~I,rZ,nl I'LL
HinO,S-A homestead, 70 the value Of one thou
sand dollars.
IOirq-Forty acres Of land.
Maine-A homestead, to the value O. i've hun
dred dollars
NIassachGssHs-A homestead, to the value Of eight
hundred dollars.
Mehigaa-A homestead Of forty acres of land
or, if in a town, city or village, 70 tFe value oil one
thousand five hundred dollars.
MHReSOtd-Eighty acres OF laDd, 0esideS an uu'
usually large list Of articles OF personal property
worth at least two thousand dO4lars.
MSSisSiPpi-One hundred and sixty acres oil
land.
Ner Hanpsbirs-A homestead, to the value OF
five hundred dollars.
Ne'o Jersey-A homestead, to the Wake of one
thousand dollars.
NeD HOrk-The same as in New jersey
Oa1o-A homestead. To the value Of ave hundred
dollars.
TsaHessee-A homestead, to the valve Of five hun
bred dollars
Teras-Two hundred acres of land or town pro
perry to the value Of two thousand dollars
TerHOHt-A homestead, TO the vslue OF five hun
dred dollars.
WIscOastH-Forty acres Of land
Virginia has not, up to this period, availed
herself of this benignant feature in the systems
of so many of her sister States. That opIsrtu-
nifty is now offered her in the bill presented in
the House Of Delegates by DR.. Martin, OF
James City county, and referred to the Judici
ciary Committee. We here beg permission t.
remind mat committee that this important bil
is still on its u~ureported files, and to Sugges
that a measure that promises so much relief t'
families, and so much advantage to the State, de
serves its prompt and favorable consideration
and action.
This bill provides that in addition to the per
sonalproperty now exempt from execution, th'
owner (being a %citizen) Of any real estate with
in the Commonwealth, in the actual possession
thereof, and free from all liabilities due for tn,
same, shall be entitled to a homestead in tn,
same, free from all distressO or levy for all othel