Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1870-02-14
.o ronstitution-The Holn est eai,

IT, the ed:t5T Of the Alexandria Cta-sttt
Among the many delicate and resPon:l"!"
duties in posed on tho Legislature Gt NlTGtn.''
the duty Of giving practical force and meaning
to the homestead clause s rot the Last
1.-THE i,lcs Of many person: we're corr H.,
. co Of The real estate and p9r:":.C riir",, q
the debtor, in addition to the prc:"!.t 2Irii.i'
TORS, cannot b" subjected TO his r1:t or l''H.'n!
Indebtedness then it would, perhaps ha' = pea
far better for tho pccuLisry lntert";s n wei -
the quiet and morals OF the people l!'aL repHGt',
ti0n, absolute and entire, Of al Indebtedness
were to take place; because, in such even! NC
industrious and saving creditor, r:Ler th4 To-
nc nlI debts due him, would not he COM pc!lei
"a nav hs debt hy sale OF his property cr o"-
If his hard earnings in tho future. "Uch
INTERPRETATION as this would mainly favor tHi,
indolout and thrifte:s debtor nj The cNpcn&" q
the Industrious enterprislng ANA ccoH"i"!1:''
classes Of the people, which II may De sa!t'I
assumod WAS not tho plTl'ofe -! lh'' '!A''-S 80
the Constitution.
>omewhat careful stu OF lhc i5!n., .!
clause o. the Constitution, induces IA: :" 'iE'."
the following inference: and cone! uslon::
First That it was only intended to operate Oh
past indebtedness IS TO judgments iT''tetr,' -"
iockc,cl on or after tho I'll! Of April lS1i ,"H!
| before tho dth of April, 1851 th", :" s.r -
| o,hnr mast judgments, liens, Contracts, trusts,
Securities, etc, the homestead was net :" ':I'"ci
lhe:o; and 9 reason given Ivy the adv"2"-cs ~
the measure was that iua GHcEtS between :'''
!
Second This. the property exempted Is T'- u
Ln exceeding the Y%luo Of 3, IUQ, oi nay be To-
| iIcel in value by lhc Legislature to @"Ii o+u''
II his view is not corrcct, then the to:!atitu'|
! shouId have made the exemption . - wv 80
| soluto, which is not done
| Third The Radical Kramer; OF tao Cv;tstiit
ton could never have intended B.? tA!% nome
toad clause to conflict with and DEFY the Co!!'
:ilutioa Of tho United States, winch i. se' ::"'
10 forbils any State from pass!H.; nay -" .'''
pairing the obligation o! contracts
| Fourth. The Legislature would iot Do ~ i
fable in giving lie and vitality TO = clause II II
| conflict With The Constitution al IN" inte,
States. which is the supreme law. should IN:
be done by retroactive homestead, they ecu Z
not calculate on the sympathy Or support /"
Congress or tho Supreme Court, "!:Ch h"v'
both, lately and Alwnys, shown themselves
tycr.o to the population OF debts.
Fifth and lastly. infer that tho Li gls'AlUr
has ihe power under the Constitution! in "a,
homestead bill to require o! persons c!!''m'n!
lis benefits so to cnte: OF record, ctAt'i IN "Iir
court or before tho clerk in tho ci!cG, a. |" 81
| notice that when they ask Tor credit II i ii1H
with full knowledge on the part OF he crcdito
that he cannot look i the debtors r?"p'F'.
| for payment .,
| RI these crude differences shall elicit more cor
rect views on thi; subject mo" q mater o. diS
cu:sion and anxiety to the c0pio OF Virginia.
| will have accomplished the object IN VIC" .
this CoMAuNi'AI' =
| Warren co., February 10, 1870.