The Fairfield herald. [volume] (Winnsboro, S.C.) 1849-1876, 1868-07-29
To the Legislature,

u.
also made recommendations which, if carri
Ell out by you, are calculated to bring YOU
body into disreputc.
You have all sworn to "rccotnize In
supremacy of the Constitution and laws o
the United States over the Constitution ant
laws of any State" The Constitution O
the United States prohibits you from pass
Ing ''any low impairing the obligation O
contracts" (article l, section 10) You
and all Judges in the State, ATE bound b,
the decisions Of tho United States Suprcm,
Court, whsreih j. has given construction tt
the provisions Of tho Constitution.
The United States Supreme Court has
uniformly hold that all exemption laws
(among which are casscd homestead laws
thai arc retrospective, or apply to cxistina
contracts, are in violation Of the above
y provision of the Constitution.
Governor Orr has advised you 10 apply
tho homestead law TO existing liabilities, and
cited you to several State decisions. 'ihcy
have no force here, nor in the States where
decided, If they conflict with the decisions
of the United States Supreme Court. Gov.
crnor Orr must know this. /, therefore
shallnot examine into tho State decisions
glveh by him. But he has cited a decision
OF the United States Supreme Court itself
TO sustain his position. All the decisions Of
this Court that have ever read arc exactly
afg9i9st him. Now, let US examine the one
heqpotes. He cites as follows:
"Jndgo Woodbury.. in the case of the
sol-3$o, in delivering the dpimion l, of Pase ase
Supreme Gourt Of the United States, emu.
meratcd laws cxempting tools or household
goods from SEIZURE. among the examples of
Legislation Respecting the remedy which
might !he fqpstitutionally applied TO exist
ing contracts.
On referring to Howard, $50, you will
find that Judge Woodbury. says that, whep
State laws ,aHestihg'psst' contracts are al :
lowed &c stand, they "rclate to modes of pro-
cecdinG in courts, to tho form of remedy
merely, 10 priority of some classes of credi
tors, TO the kind of process, TO the length Of
Che ststutes of limitation, TO excmpting the
hold goods from seizure" Here is Where
Governor Orr finds EfR lar. Now, 'tools,"
and other articles connected with the labor
of the citizen, have always been regarded
rs matters affecting the person so closely rs
to constitute exceptions to the general rules
of Jaw.
But, let Judge Woodbury. explain him.
SELF Immediately after Governor Orrs
extract, the Judge cites, 20 explain his
meaning, Howard, 3l5 This is the case
of Bronson Us. kinzie ct al, where, on pngo
3l6, Chief Justice Tancy says "Undoubt-
cdly, State may if it thinks
proper, direct that the nee eessary implements
of agriculture, OF the tools Of the mechpnic,
S or articles ofneccssity in household furni-
ture, shall, like wearing apparel, not be la
bio to execution on judgments. Rcgula.
tions of this description have always been
considered, Ia every civilized community, rs
leHging to the remedy, to be
exefas8ed, or not, by every sovereignty,
according to IT'S own views Of policy and
humanity"
,"Tools," and. 'household furniture" then,
belong to an exceptional class, TO which
homesteads do not belong, as Governor Orr
would have you infer.
This one case is all TINT has been cied
rom the United States reports, TO give
countenance to the unconstitutional recon-
mcndation made to you. have shown,
that the sentence quoted does not apply 10
homestcads BY citing this case, Governor
Orr has acknowledged its authority, and it
is of authority, and, what is in9re, you are
ound by It. Now, all ask ofyoa ia, to
take that case for your guide. For fear you
will Lot read 1t, l will give you q few quota.
t,ions, which Governor Orr, while reading
theSase, mus, have seen. Judge Woodbu.
rY, IL rendering Che decision Of the court,
{the United Supreme Court on page 327,
Gays: "One Of the tests that u contract
he's been impaired. is that its value has, by
legislation, been diminished" Apply this
homestead worth ST 500, had owes nobody
else. Your debtis, then fully worth $500.
But, mako the homestead law apply to ex-
listing contracts, and thereby exempt this
$1,000 homestead, end does this not dimin-
ish the valuo ofyouf contract?
And on page $50 Ithe. same page cited by
Governor ORR the Judge says that the STATE
laws which are upheld .'are such laws Only
as relate to future coHtEapts," or are sucll
ones, as already cited before, as apply to
exceptional articles. ,-..
ssSaesS sssss ;h sss$sa s fsesss. cs s
bility for debts existing at the time of the
passage " tRe t law. Are you not astoaisfs
ed that should eite Gov. Orr's ease to
prove this? On page 328, tho Judge says
Estate insolvent laws. If mado like thiy law
TO apply to past contracts, and stop suits on
hem, have, bcon held not to be Constitu
}ionaii except SO far as to discharge thS
person from Imprisonment; or in somo othci
way affect only the remedy When &
restricted, they do not impair the obligation
of the contract itself, because the obligation
is left ia Tuii force and aationabie, mid fu
ture ps9Perty as well as present, subjected
to it6 payment, and the body exoneratet
only aa q matter connected merely with tn,
FORM Of the remedy: y
y Y 4 Bdt Where future acquisition.
are attempted to Be SRtehded TO the dsbt 0,
contract itself, If dons by tho States, u mus
not, as here, apply TO past contracts; or j
is held to impair theif obligation" III
then eitss ten authorities to sustain th
oout.
Ths expressions ia the last extract .
''stoP quite, |" and Of the obligation beint
left "sotionable," leads me TO the following
astounding Recommendations in the messag
referred to:
"Purtlier measures of relief from th
pressure Of indebtedness will be required
and inashiiioh as the courts arc TO be re
organized, and new duties to be assigned t
the Sheriffs, 1t would be wise to allow tn
present crop to be gathered and markete