The Marietta journal. [volume] (Marietta, Ga.) 1866-1909, 1869-04-09
Che Marietta aullrual.
Marietta, Georgia.
Friday Morning April o, 1869,
MARIETTA. Ga, March 30th, 1869.

Mr.. GOODMAN,
Dear Sir. wish through your pa
per to vindicatc my own cause, and tn
cause Of my country. On yesterday II
our Sup'r Court an attorney volunteers
his services and made speech at con
siderable length apparently yindicatini
doctrine contrary tony iatercst in tn
case | was then having tried, and thinl
contrary to law, and the interest of on
country. He said that his ideas wcr'
substantially those Judge Warner adj
vanccd to him OH some two or three oc
casions while convcrsing with him; bu
said at the same time that they were IN
own ideas before talking with the Judge
| don't say willexaetly speak his words
they arc substantially the same, and i
was this: that to pass a law setting
apart homestead cxcmpting everything
man owned did not impair the obliga
ton of contract and likened it unto 6
man who gave his note for house and
that night had his house burned down
did that impair the obligation of his con-
tract? He said certainly not; say it
did, if that was all the property he had
not in a moral or legal point ! admit; for
he was Just as much bound morally and
by law as ever to pay the obligation. -
But if he was not able to pay the obliga-
ton was impaired by the burning of the
house as his not being able to pay made
the note of less value. ! cant see any
similarity in the two cases, insist when
man gives me note due on certain
day that he not only obligatcs himself to
pay on that day, but obligates himself to
abide by the laws of the land governing
tho collecting of the same, if not paid on
that day. 1t is true that such obliga-
ton is not expressed in the note, but
that understanding is implied as there
is law outside of his moral obligation
which says if you don't pay the law vii
oblige you to pay and that such of YOU
property shall be sold to pay your hon
est debts and it is understood between
the parties at the date of entering int
the obligationthat the law rs it lhef
stands shall govern the collecting of tho
same, and contend that no person or
earth has the just right to pass a law
that does not give to the plaintiff as sure
and speedy remedy to collect his note
under it, as the one standing when tho
debt is made. If you have a right to
say more property shall be exempt than
is allowed by law when the debt is made
YOU have right to say everything q
man has and everything a man shall
ever own shall be exempt, and then as
my friend said the obligation was not
impaired according to his notion. !
would say it was not only impaired but
wholly worthless and nine notes out OF
ten would not be worth the paper they
were written on. Take away the obli-
cation of the law that is understood and
implied at the time note isgiven and it
will lose nine tenths of its value. Under
these circumstances will any sane and
honest man say and obligation is not i'm
paired when you pass law that gives
to man the right to pay or not to pay
note that the law once compelled hin
to pay. 1t is simply ridiculous--it is
nonsense TO talk in such a way. The
homestead law is curse and blight in
our once favored land and l hope for the
sake of the rising generation if not for
our own, itmay be pronounced uncon-
stitutional by our great men OF the pres
ent day there are but few men who
avail themselves Of its supposed advan-
tagcs and cloak their illgottcn gains un-
der it. The great masses Of the people
airs against it, and ought to be; it has
ruined their credit, and whyY because
few have over and above what is allow
cd by law and the poor men of the
land who arc greatly in the majority arc
mostly injured, their credit is gone, and
they can't come to the rescue OF theiI
friends. They can't give bonds to in
stall them in Office or to keep them Out
of iail or to administer on their deceased
friends estates. The Courts require
that persons to 60 our security, mus
own real estate to the amount Of TIVE
thousand dollars and personal property
to the amount Of ono thousand dollars t.
be computed at a gold valuation anc
enough over and above that amount t.
cover tho indemnity. Persons arc daily
sent to Jail and estates taken charges 0
by parties that arc not the choice 0
parties at interest. Fifty men might owl
one hundred and fifty thousand dollar
worth of property in the aggregate wh
could not give a valid bond for five hun
,, bred dollars. Ifsuch be the law OF tho Ian
the sooner VIC can get set of wise an
good men together to change tho presen
system the better; it is true the most O
men arc against the homestead law an
would not take advantage of it; bn
who can judge who they arc! Conse
quently the masses Of honest men mus
suffer to accommodate few with stFcl
q law as will allow them to hold on t
other mems property; for it is a fxcc