The Orangeburg news. [volume] (Orangeburg, S.C.) 1867-1875, 1869-10-09
The Homestead Law.

that whether the homestead law IL law
and will stand. We have been frequent
" sskedsour opinion upon the question
and have been requested Co express il
through our columns.
Without occupying space with apollo
gies for siour inability and difiidence to
discusslth;s important legal question, we
win give IL our consideration this week.
We contend that the Homestead ex-
emption is q wise and benefcent pro-
vision of law, sanctioned by generous
humanity for tho wives and children of
unfortunate or improvident husbands
aud fathers, and operating for the peace
and welfare Of the people and the State
in preventing the multiplication of pau
pers, and the immigration of our citizens,
consequent upon the general aud iudis-
cIiminate sale of their homes, and COM
ing in with peculiar benefit to eur peo-
pie in postpoa'ag the payment of debts,
which the result of the war had prevent
ed their paying, and the payment of
which, no,o at once, would take all, their
homes and all that the ravagcs of war
and defeat had left them.
We contend that while it confers such
vital and intrinsic benefit to the debtor
it does not defeat the rights of the credi-
tor, 'it only postpones tho payment of his
claims, and advances the public good,
the veal of the State, and "the good of
the greatest number"
The Constitution of 1868, was accept.
ed by the Congress of the United States,
as the basis upon which the State should
return to its right of representation in
the Union, rs the fundamental law
Of the State, and the declared will
Of tho people" under which they should
be restored to all the privileges of
State. Now this Constitution, Article
3, Section 80, provides that,
'sThe family homestead of the head of
each family residing in this State, such
homestead consisting of dwelling house,
outbuildings, and lands to the value of
$1,000, shall be exempt from attachment,
ievyIor sale, under any mesne or final
process issued from any court"
The Act of September 9th, 1869, en-
eitled "An.act to determine and perpet-
uate the homestead" passed in obedience
to this provision of the Constitution, de-
fines and settles this as the law until
oyerruled by the Supreme Court. The
Act Of january 10Th, 1869, entitled,
can act to punish Shcriffs and other
officers for violating the homestead"
clearly shows the will aud determination
ofthe people to carry out and insist upon
the beneficial results of this law.
But while We contend for the wisdom
aud bene6cent results of this law, and
insist that it is the law in South Carroll
ma, mop, provided for in the Constitution
aud enforced by these acts Of the Legis-
fstaEe, still We do admit that there are
technical, Constitutional objections that
nsay be urged against its perpctuation.
Judge Esakiae of Georgia in a late
decision iaEolving the constitutionality
Of this law, said that his duty was clear
ly marked ont that "if any of the State
exemption isws are in conflict with the
Constitution of the United States they
must yield"
Iadeed Article 6, Of the Constitution
Of the United States is clear upon this
point. 1t says, "This Constitution and
the laws of the United States
made in pursuance thereof &C.,
shall be the supreme law Of the
land; and tho judges in every Stats
shall be bound thereby, anything in the
Constitution or laws of any State to the
contrary notwithstanding.
This language clearly points out the