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

that whether the homestead law is law
ssd will stand. We have been frequent
y askcdsour opinion upon the question
and have been requested to express it
through our columns.
Without occupying space with apollo
gies for ionr. inability and difidence to
diacussithis important legal question, we
win give IL our consideration this week.
We contend that the Homestead ex-
caption is "a wise and bens6cent pro-
vision of law, sanctioned BY generous
humanity for the 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 .pon the general aud indis-
cIiminatc sale of their homes, and com.
ing in with peculiar benefit 70 eur peo-
pie in postpoa'ng the payment of debts,
which the result of the war had prevent
ed their paying, and the payment of
which, noU at once, would take all, their
homes and all that the ravages of war
and defeat had left them.
We contend that while it confers such
vital and in.rinsic benefit to the debtor
it does not defeat the rights of the credi-
tor, It only postpones the payment of his
claims, and advances the public good,
the veal of the State, and "the good of
thc greatest number"
The Constitution of 1868, was accept.
ed BY the Congress of the Uuited States,
as che basis upon which the State should
return to its right of representation in
tho Union, as the fundamental law
Of the State, and the declared will
Of the people" under which they should
be restored to all the privileges of
State. Now this Constitution, Article
3, Section 32, provides that,
"The 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,
levyor sale, under any mesne or final
process ISSUED from any court"
The Act Of September 9th, 1869, en-
titlcd "Ansact 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
and benefeent results of this law, and
insist that it is the law in South Carroll
M, saor, provided for in the Constitution
and enforced by these acts of the Legis-
latugs, still We do admit that there are
technical, Constitutional objections that
may be urged against its perpctuation.
Judge Erskine of Georgia in late
decision iayolving the constitutionality
Of this law. said that his duty was clear
ly marked ont that "if any of the State
exemption laws are in conflict with the
Constitution of the United States they
must yield"
Indeed 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 the judges in every State
shall be bound thereby, anything in the
Constitution or laws of any State to the
contrary notwithstanding.
This language clearly points ou. the