The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1870-03-09
reflected mash sad xnxiou,,vs ,ron t,,s s,,,,.

ject, and / have. arrived at the conclusion
that there are but two modes of relic
which can, under the Constitution, be OK
tended to those unfortunate people wht
were IN debt at the close Of the var. Tn,
one may be found in the 18th article of tn,
Constitution, and known as the Homestead
exemption article; and the other is tn,
general power of the Legislature to pre-
scribe the mode and manner in which
lands shall be sold under judgments ant
DEGREES. The lst section of the 18th arti
Gle Of the Constitution provides that every
householder or head Of family shall b.
entitled, in addition to the articles now OK.
empt from levy or distress for rent, tc
hold exempt from levy, etc., "two thou.
sand dollars worth of real and personal
property, or either" BY an examination
of the exemption laws in force at the time
when this provision of the Constitution was
framed it will be found that very liberal
provision was therein made for the debtors
and these exemptions, together with the
additions provided for by the Constitution
are all that ought IN Justice to be asked
The debtor may confne his exemption te
personal property alone. but when he selects
real estate he should be required by law tc
make and subscribe deed declaratory OF
his selection of certain specifically de.
scribed property under the exemption laws
which deed should be acknowledged and
recorded the same as other deeds of real
estate. BY this means public notice will
be given of what species of property his
exemption consists. Provision should also
be made for the prompt settlement of any
questions that may arise as to what is or il
not exempt.
Under the law as it stood when the Con
stitution was adopted, real estate could not
he sold under judgment except by q de.
cree of court, and in making such decret
the court could direct the time, manner
and conditions OF sale. it is to be pre-.
sumcd that the trainers of the Constitution
were familiar with this law, and intended
it's continuance by not repeating or modify.
ing it. If this construction be correct, ma y
not the General Assembly enact law
clearly within the pale of the Constitution
providing that courts decreeing the sale oil
lands under judgments recovered uEor
debts contracted prior to April I'd, 1865
may direct that no sale be made unless the
property shall bring its assessed value, and
permitting the creditor, at his option, tc
take the property at such valuation in
liquidation Of his debt, provided nc
higher bid be made at the sale? Surely
the debtor ought not to complain of such
law, if he ever intends to pay his debts
for it would eliectually prevent the sacrifice
Of his property Tor less than its real value
while the creditor ought not to object, fol
il would afford him the means Of realizing
unon bis claims. With exemptions to The
debtor under existing laws and the Constl'
tuition Of property 10 the value OF iron
$500 to - 900 and protection from salt
| Ut less than Its real value OF the balance Of
his real estate, together with appropriate
| legislation for the protection Of the int
rests OF the creditor against fraud and un
reasonable delay in the enforcement of hi
| rights, it appears to me that the Difficult
and embarrassing question us 10 the c4uita
| bic adjustment Of these Old debts will hav
been properly solved, and that You will hay
substantially exhausted your le@slHtiy
powers upon this subject under til
! Constitution. The foregoing sugges
lions are designed to apply onl.
| TO old dehtS-tlat j., those contracted prio
to April >. 1860. recognize fully the dan
| ger> incident to what may be termed >pccia
! lrr;-llton. especially when enacted undo
| the indictments Of public distress, toncntc
| aud increased. it may be, by dema2o@ic II
pcalS and prctcutiouS sympathy. But when
| Il, in The present case, the people have bee
| afflicted 10y 4 treat public calamity whlc
>uippcd them OF ;hcir Substance ANA dt
Struyeh their mcauS Of meeting their obi
! cations, and for which destruction the cre
| Ia m fl,.l,f ~
! Il natural and higher equity obtains than ca
| IL, mrt"d cut under general laws passed u!
| Ger orGiumnv circumstances. While | II
! confident That the approximations of Il!
! debtor clls~ II this time are to SOME c<tclI
| Imaginary. VET there is sufficient Of wei
established truth in the matter 10 justify
! under the circumstances. the action ahUY
! >ug.c ted. Eu; caution must he used, les
| in our efforts 10 aid and protect the dchto
! class We destroy the creditor class. Th
! right 81 the latter are a. sacred Is tiIn>" {
| tie former. suitable protection must J.
accorded 10 the creditor, or You will 500
! have 10 creditors and no cfeI!,t Capital
! ALWAYS cautions and ncrVou>ly sensitive
| tnlicndly legislation towards the crcditu
viii rcpel rather than induce capital to OH
! hordcr>. While, therefore, / rccommcn
! t!ir special. and. IL | consider, equitable
| Irwislaton is 10 all debts contracted prio
! 10 April ,. 1865. would with equal carr
! c>tMr-.> recommend that for all debts COZ
trartcd since that date, or hereafter cor
, tTacttd. the creditor he afforded prom,)
ANA effective remedies fpG the enforcement
81 bis rights.
CONGRESSIONAL LAND SCRIP.
There i one more subject, not GERMAN t
the one discussed in this paper, TO which
desire 10 call your attention.. Tho Genera
Assembly, by All act passed December Il
1860. authorized the appointment by III
Governor I'll an agent vi the state To St
certain lands donated 10 the State by act {
Congress, approved july ., 1859 (and al
ccptcd by the state 10y IN act passed Eel
rllary j. 1864, Tor the purpose OF establish
iny schools or colleges OF agriculture an
mechanical arts. ] am not aware Of an
action whatever by the Executive of til
state under this law. Under the law {
Congress the STATE Will receive scrip or wal
rant, Tor At least 500. 900 acres Of land. and
am informed that tn" same will be issued a
amy title on the application of the propc
authorities Of the State. | have dctcrrc
action in the matter until the views an
wishes of your honorable bodies could b
obtained. An application for the appro
priatiun OF the fund arising from the sale {
: these lands has already been made by til
: University OF Virginia III very able Inc
mortal. Similar applications may be mad
. by other colleges in the state. l woul
suggest. rs Il subject worthy Of the seriou
and profound consideration OF the Genera
Assembly, the propriety and feasibility o
dividing this frnd-appropriating one por
ton OF it to that one of our colleges which
in your judgment, YOU may designate, ant
, The other portion to college or high schoo
devoted exclusively to the education of OIL
colorcd people. No such institution nov
exists in the State. All, presume, recog
nizc the Importance and necessity of cstab
fishing one, and that, too, at the earlics
day practicable. In the present improve
ri>hed condition Of the state it will be dit
lirnlt IL not i'm nssilIln To aNnrnnIiatc an