The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1868-07-15

4 OnlteG STATES supreme COurt itself
to sustain his position. al, the de.
oisions of this Court that ] have over
Tread are exactly against him. Now,
llet us examine the one he quotes,
EHe cites as follows:
/ "Judge Woodbury., in the case of
the Planters Bank us. Sharp, 6 How
ard, page 301 $3.50, in delivering the
opinion of the Supreme Court Of the
United States, enumerated laws ex-
empting tools or household goods
from seizure, among the examples of
legislation respecting the remedy
which might be constitutionally ap-
piled to eristing contracts"
I On referring to Howard, $50,
you will find that Judge Woodbury.
says that, when State laws affecting
past contracts are allowed to stand,
they "relate to modes of proceeding
In courts. to the form, Of remedy
merely, to priority of some classes of
creditors, to the kind of process, to
the length of the statutes of limita-
! ton, to exempting the body from
imprisonment, or tools and household
goods from seizure" Here is where
Governor Orr finds his law. Now,
'tools," and other articles connected
with the labor of the citizen, have
always been regarded as matters
affecting the person so closely as to
constitute exceptions to the general
rules of law.
But, let Judge Woodbury. explain
himself. Immediately after Gove,no,.
OrT's extract, the Judge cites, to ex-
plain his meaning, 1 Howard, 315.
This is the case of Bronson vs. Kinzie
ct al. where, on page 315, CHIEF Jus
tice 1aney says: Undoubtedly, a
proper, direct that the & e. necessary ne essars
implements of agriculture, or the tools
Of The mechanic, or articles Of necessity
in household furniture, shall, like
wearing apparel, not be liable to
execution on judgments. Regula-
tions of this description have always
been considered, in every civilized
community. as properly belonging to
the remedy, to be exercised, or not,
by every sovereignty, according to
its own views of policy and humani-
ty."
''Tools" and "household furni-
ture," then, belong to an exceptional
class, to which homesteads do not
belong, as Governor Orr would have
you infer.
This one case is ell that has been
cited from the United States reports,
to give countenance to the unconsti-
tutional recommendation made to
you. 1 have shown, that the sentence
quoted does not apply to Aomes!eads.
By citing this case, Governor Orr
has acknowledged its authority, and
it is of authority, and, what is more,
you are bound by it. Now, all I ask
of you is, to take that case for your
guide. For fear you will not read it.
I will give you few quotations,
which Gooernor Orr, while reading
the case, must have seen. judge
Woodbury., in rendering the decision
of tie court, (the United Supreme
Court on page 327, says: "One of
the tests that contract has been
impaired, is that its value has, by
legislation, been diminished. Apply
this test: A man owes you $500; he
owns homestead worth $1,000, and
owes nobody else. Your debt is,
then. fully worth $500. But, make
the homestead law apply to existing
contracts, and thereby exempt this
$1,000 homestead, and does this not
diminish the value of your contract =?
And on page $50 (the same page
cited by Coz. Orr the Judge says
that the State laws which nre upheld
'sare such laws only as relate to
future contracts" or are such ones, as
already cited before, as applying to
exceptional articles.
Even homesteads, that might here
after be acquired, cannot be exempt
ed from liability for debts existing at
the time of the passage of the law.
Are you not astonished that I should
cite Coz. Orr's case to prove this?
On page 32S, the Judge says: estate
insolvent laws, if made like this law,
to apply to past contracts, and stop
suits on them, have been held not to
be Constitutional, except SO far as to
discharge the person from imprison-
ment, or in some other way affect
only the remedy. When 80 restrict
ed, they do not impair the obligation
of the contract itself, because the
obligation is left in full force and
actionable, and future property es
we'll as present, subjected to its pay
ment, and the body exonerated only
or n ,,,otfo, oox,~ookol