The Daily state journal. [volume] (Alexandria, Va.) 1868-1874, 1872-09-30

against another, ascribes an unconstitu-
tlonal intention to Congress, and is unsound
and absurd.
To set up judgment liens for old debts,
(Which are not securities but mere controc' s
put in form for forcible collection, most of
them bought up by spectators at a wretch
ed percentage as superior in sanctity 10
the State Constitution, would seem mon
strous enough; but to hold further that they
must be sustained even at the expense of
fixing an unconstitutional intention upon
Congress, is in my poor judgment, carry
ing the Judicial power Of construction to a
wild license.
Nothing could be palmer than that it was
the intention Of the people Of Tuginia, in
framing their social contract in 1868, and
adopting it in 1860, to give the homestead
exemption as against debts created before
that time. Nor could anything be palmer,
than that it was the intention of Congress
to allow that same exemption as against
the same debts in bankruptcy. The extra
ordinary distresses of the people inflicted
by destructive war, which was peculiarly
destructive in Virginia, made an occasion
requiring unusual measures of relief
which occasion was generously met by the
Virginia people in forming their new con-
stitution, and by Congress in ENGRAVING the
benignant provisions of that Constitution
relating to debtors, upon its bankrupt law.
1t was an occasion requiring also the bold
application Of an elevated judicial states
manship, rather than of narrow case-law
and timid special pleading.
But the clear and undeniable intention
of the Virginia people and of Congress in
the provisions which have been quoted,
has since been defeated. 1t has been de-
feated by decision of the Virginia Court
of Appeals, rendered on the 18th of June,
1872, after the amended law Of Congress
had been passed, pronouncing against the
homestead exemption as affecting old debts;
and thus defeating the great, paramount
object, Of relief to the people from the de-
structire consequences Of the AGAR, which he d
been sought to be effected. This decision
has been reluctantly followed by the Dis
trict Court of the United States for the
Western District of Virginia, on the ground
that the national courts are bound to ac-
cept the highest State courts interpreta-
ton of the State laws as their own rule of
decision.
Thus, the large class of citizens for
whom the Virginia people and Congress
endeavored to provide Just and wise re-
lief, and who sorely need and much deserve
relief are deprived of it. The humane in
tention Of benignant lawmakers to relieve
an extraordinary general distress resulting
from an extraordinary cause, is defeated.
| Our best citizens are turned penniless out
of homes that have been theirs and their
families for generations; and the rainbow
of hope which had gladdened the skies for
moment, is again obscured by sclouds
blacker and more gloomy than ever.
| 1.-THE decision of the United States District
court be sustained by the United States
Circuit court, then, as was said by Judge
Rives, in reluctantly pronouncing the deci-
sion to which | have alluded, the only
source of remedy is in the Congress of the
United States. The people must take their
own cause into their own hands, and send
men to Congress, Chat only body which
has addressed itself to the relief of the
popular distressesD who will devise and Sc
cure the legislation demanded by the emer-
gency.
For one, / maintain, in grief and disap-
pointlnent, that the intention of the authors
of our State Constitution and of Congress,
ought to have prevailed and, if should
be honored by seat in Congress, should
not rest until this intention, to provide re-
lief for the popular distress. by an amended
bankrupt law was sternly and thoroughly
effectuated.
AS to the charge made against myself by
groveling critics, that my letter to Mr..
Watson was dictated by selfish motives, l
dismiss it as beneath refutation, and throw
myself upon the manly judgment of gen.
erous Virginia public.
| am, sir, most respectfully
and sincerely, your ob't servant,
RoBT. w. HUGHES.
Mr.. R. Sullirdn,
Chatham Hill, SmYth CO., Va.