The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1868-04-11
THE VIRGINIA CONVENTION
ORDERED BY CONGRESS- TO
FRAME A STATE CONSTITUTION
NiDefy-eIghth Day


FRAME A STATE CONSTITUTION.
Ninety eighth Day.
FRIDAY. April 10, 1865.
The Convention met at II o'clock
The Committee on Prisons, etc.; su omltteo
a report; which was ordered TO be printed.
Mr. HARRIS submitted a minority report.
PRIVILEGED QUESTIONS.
Mr.. Pooh arose to privileged question.
| He noticed in the Dispatch OF this morning
that he was. put down rs negro from New
York He was not born In New ORR ana
he would have the gentleman Of the Dispatch
10 understand that 1t did not follow that be-
cause man was born in the outhern States he
WAS negro.
HAwxHURsT, In the same connection, wanted
to know IL he would not have use for some
thing bigger than q carpet-bag when he had
been away from his native State New York;
for twenty years.
MIR. E. GIBSON said that Judging from the
remarks of Judge USpERwooD he (HAwx-
him, but on what he had gotten since he
reached here.
Mr.. WICKER also desires us to state that he
is not 4 native of Pennsylvania, but of Fir-
GINA.
BAYNE AND GRANT.
1 Mr.. F.. GIBSON offered the following:
"Whereas it is reported in the public jour-
nails that the Hon. THOMAS BAYHB member
of this Convention, and the leader Of the Re-
publican side of the House, While in the dis
charge OF public duty, has been treated with
indgnity by the General in Chief of the
United States; therefore
d" RESOLVED, That this House Is constrained
to express it's regret and displeasure at such
| NANTES tation of disrespect for this body, and
that the Secretary of the Convention be di-
rected TO communicate these sentiments to
General Grant"
BAYxB said that it wasn't SO that General
xDI otcnnc tF,,1t,
The resolution was laid on the table.
HOMESTEAD EXEMPTION,
| the order of the day, was next taken up. A
| resolutio closing the general debate on the
subject at O'Clock, and providing for vote
al o. clock, was adopted.
| At ! o'clock n motion to lay the report of
| the judiciary Committee, operating prospec-
lively, on the table, was made and lost. This
report was then taken into consideration,
pending which, the hour for recess arrived.
AFTERNOON SESSION.
The Convention met at o'clock.
The first section of the homestead article
was taken up, as follows
al There shall be exempt from levy, sell
cure, or sale, for all debts contracted and liza
biIities incurred after the ratification of this
Constitution, in favor of housekeepers and
heads of families, homestead not exceeding
~, 900 in value, which shall be designated,
held, enjoyed, and allenated In Inc mode
prescribed by law"
Mr.. CLEMENTS offered the following substi-
tute:
"SEcTIoS l. Every householder or head of
a family shall be entitled, in addition 70 the
articles now exempt from levy or distress Tor
rent, to hold exempt from levy, seizure, gar
nisheeing, or sale, under any execution, order,
or other process issued on any demand for any
debt heretofore or hereafter contracted, his
real and personal property, or either, inclu-
ding money and debts due him, whether here
the value of not exceeding $1,000, to be selected
by him Provided, That such exemption shall
not extend 10 any execution, order, or other
process issued on any demand, in the follow
ing cases:
IL For the purchase price of said property,
OF any part thereof.
90. For services rendered by o laborng per-
son or a mechanic.
80. For liabilities incurred by any public
officer, or officer Of q court, or any fiduciary,
or any attorney at law, for money collected.
"a. For lawful claim for any taxes, levies,
or assessments, accruing after the - day of
v Is: lS For rent hereafter accruinr.
"6. For the legal or taxable fees of any
public officer or officer of court hereafter
accrning."
This was lost-ayes, 46; noes, 4B.
This result was changed by parliamentary
outrage similar to one perpetrated day or SO
ago. As the vote was announced, 1t was sug-
gested from the Radical side that 1t was doubt
full as to whether there were 81 members pre-
sent. The Secretary was requested to read
the vote to make this matter certain. The
roll was read, and the Radical leaders, who
had in the mean time prevailed upon negro
member and HUNNIcUTT to change their votes
from the negative to the affirmative, made this
q subterfuge by which members could claim
the privilege of changing their votes. WHITE,
who was in the chair, decided in favor of this
piece of petty rascality. An appeal was taken
from this, which was voted down.
A scene Of disgraceful confusion enusued,
caused in part by demonstration OF applause
on the part of Radicals at the success of their
scheming. About a dozen members claimed
the floor, and as many more were clamoring
points of order. In the midst of this, CART En-
bawled out, :" Mr.. President, I'm afeard the
sperit OF the K. K. KS has got into this body.
! udlaughter.l
MELBOURNE confusion slightly subsided) :.
81 don't know what you may think about
| 1t, Mr.. President. but think this is pack
the ngssst ooS gUpe da ssr
geant- at Arms to help you" Loud laughter
and confusion.
Quiet was at length restored, and the Sc
cond section was taken up as follows:
80. One hundred dollars per annum of the
wages or compensation which may accrue to
laborers and mechanics, after the ratification
of this Constitution, shall be exempt from all
liability for debts contracted thereafter: Pro-
Uided, That these exemptions shall not apply
ration levies that may be due from the per-
sons claiming the benefit thereof"
The following was offered as substitute for
the above:
"SgoTIoN2. The foregoing section shall not
be construed as subjecting the property here
by exempted, or any portion thereof, to any
lien by reason Of any execution levied on pro-
perty which. has been subsequently restored
to the defendant, or judgment rendered, or
docketsd, on and after the 18th day of April,
1861, and before the I'd day of March, 1867, for
any debt contracted previous to the 4th day of
April, 1885, except debts of the character
mentioned in either Of the above six excep-
tons. ---s,-~
"SEoTIoN 5. Nothing contained in this arti-
Gle shall be construed to interfere with the
sale of the property aforesaid, or any por-
ton thereof, by virtue of any mortgage,
deed Of trust, pledge, or other security
thereon.
"SRcrIoS 4. The General Assembly is here
by prohibited from passing any law staying
The collection Of debts commonly known as
stay laws =; and any such law now existing
is hereby repealed. But this section shall not
which the General Assembly may deem neces-
sary to fully carry out the provisions OF this
article. -
"SRcTIog g. The General Assembly shall, at
Its first session under this Constitution, pre-
scribe in what manner and on what condi-
tfons the said householder or head of family
shall thereafter set apart and hold for himself
and family q homestead out of any property
hereby exempted; and may, in its discretion,
determine In what manner and on what condi.
tions he may thereafter hold, for the benefit
of himself and family, such personal property
as he fnney have, and coming within the ex-
at,p n GRCfynn