New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-02-10
Communicated
THE. HOMESTEAD LAW.
EDITOR REPUBLICANS:

EDITOR REPUBLICAN:
Reading in yesterdays ISSUE Of your pa
per the remembFances you address to the
Legislature Of iss duty to the poor man in
cnacting Il homestead exemption law. was
irrcsistibly led to some reflections, which l
have here embodied. and beg you will pub
lish as u rcjoin&ier.
The Republican platform Of August last,
you say requires that the poor man shall
he protected. That is proposition which
is at the very foundation Of Republican i'll
sttutions. and must receive the sanction Of
every sensible and honest man, even were
it not writtea on any platform. 1t is 50
simple. So jHsr, so humane. that to attempt
its justification would be puerile. But II
the poor mal is entitled to the same pro-
lection with the rich man, you will certainly
admit that the rich man has an equal right
to the same protection that is meted to the
poor man. st is bad rule that does not
work bo:i ways. and if you say the rich
| man can take care OF himself. l answer no:
not when ais fate is in others keeping. when
the law ,cakins power is inveigled from the
path of common Justice by u morbid sensi-
! bility. ~ some mistaken principle of hannah
justice
Now Il seems 10 me that Of all the means
of conr.iuy popular favor which politicians
have Of late resorted to. this is the most
dangerous, the most absurd and the most
! unjust 1t is Offering Il premium 60 immor-
ality. IN encoura cement to vice snd an as
sumption Of authority. az between debtor
and creditor. by the Legislature. without
warrant from common sense nr natural
right Moreover. it often OvershoOts its aim
| by working IA hindrance to the poor
! man. advancement in life. through the dis
! trast of him it creates.
But the primary consideration III rcgulat
! ing the relations between men is justice.
! There is no stability in government, no re-
| spec: for the law, no iuce2tivc to ciyic vir-
| tues; the whole fabric of society is shaken;
! without a compass. The blind goddess
! should hold the scales with firm hand
| and her nat go forth untrammeled. striking
! alike all those it reaches, whether rich or
| poor great or small. the lowly or the ex
allied. This is the paramount condition of
! all systems Of civil law.
No law can compel man to contract Il
! debt He does 80 of hi. own free agency:
! therefore he ought to know he contracts an
| obligation that must be met, and for which
his property is responsible. The proper
! appreciation of that duty will undoubtedly
result in industry and thrift; but let the
| law erect that mans property into sane
! tuary not to be desecrat.d by the opera
| tons OF bailitfS or sheritfs. aud he will 9"
| into debt without stint or Temorse. and will
! chca, hi, fellow men to crafty his liccn-
! tious propen.ities. and vice and misery will
enter his gate.
Permit me to excmplity in few words
! I'll. working Of such Il law: Let IL. suppose
| TWO neghbors. both of scanty means. hon
| estly acquired: 4 owns a farm and tills the
! soil. y has money which he lends on in
,eres; Certainly. no one will say one way
| OF making IL living is not IL. honest or
, cre..itable as the other. a finds that the
lis. OF :, little money would enable him to
| improve the culture of his farm and largely
! augment its yield: he applies to Is. who
! readily grants him the desired facility. The
| improvements are ildiciously made. and a
doubles his income. thereby cxtendin. the
ease and comfort of his family.
Blu, by-and-by payday comes. Il, it must
always. and the creditor claims his due ;
but the debtor. who spent all he made and
| has no reserve to meet his liability. finds it
very convenient to withhold the payment.
and. secure against appropriation, he laughs
at his creditor, who. on the other side. would
! be exposed to have all his notes, credits and
securities seized and sold under process Of
law to satisfy HI. neighbor's claim for Il
! few bushels of potatoes.
| l. this justice Is thi. respect for civil
| rights. Can there be anything more
monstrous: Can there be a more fragrant
encouragement given to dishonesty and
rapaciousncss
Depend upon it. sir class legislation il al
ways attended with pc:nicious results. By
! all means. let the laws be seneral-equal
for all: and above all. let them be always
made in view OF fostering virtue. which is
! the undcrlyin. principle o: i republican
government. Y. =.
| New Orleans. Fsbruavy'. 1871.