The democrat. [volume] (Weston, W. Va.) 1868-1874, 1872-08-05
The homestead Provision.

In the great speech delivered by Mr.
Faulkner at Portland, on the 2Olt
inst, occurs tho following touching The
Homestead provision in the new Con
stitutiOn
| understand that o strong oppoii
ton has been manifested in some part
Of the State against tho Homestead
provision embraced in the new Con-
ititutiOn. This is without any jusi
reason, for that provision confers on
the Legislature no more power than il
would have possessed il the Constitu,
ton had been wholly silent on the
subject. A homestead bill was passed
by the Legislature on the LIST Of March,
1864, under the presen Constitution,
and no one ever doubted its full au.
thOrity to be SO. l am aware that the
idea Of 4 homestead has never had any
peculiar charm for our native born cit.
liens, and it may be doubted whether
one 10 a thousand, or one in ten thou.
sand of them, will ever avail hinseli'oi
it. The proof Of this is to be found in
the fact that We had in this State, for
five years and one month, that Is, from
the LIST of March, 1864, until the LIST
Of April. 1869, precisely such a home.
stead law, with simple difference in
amount. as the new Constitution con-
templates, and yet, | have never heard
Of one man in my section Of country,
or in any county Of this State, who
aVuiled himsolEOfits provisions. It was
50 perfect dead letter, SO far as our
people are concerned, that it was
dropped by the Code Of 1868, without
any human being having been aware Of
such omission, Or feeling any regIet for
its loss.
Now, l assert that the Homestead
provision contemplated by our new
Constitution, being by that instrument
place under saeh regulations as might
be prescribed by the Legislature, III nc
respect differs 10 principle, nor will it
in effect from the same provision which
was incorporated into the act Of 1864,
aud which, during the FIVE years Of its
existence, encountered no opposition
from any quarter in this State,
The question may then DO asked.
why, ifthis law proved so imperative
during the five years of its existence IN
this State, was it deemed nee essary to
give it constitutional recognition in
the new instrument l. was known
that the great mass of migrants come
from Germany; that the Germans at.
tach a peculiar importance to the right
secured to them Of sctting apart piece
Of land as an asylum for their widows
and orphan children. 1t was equally
well known that many Of the Western
and Northwestern States had offered to
that population this inducOment to i'm.
migration into their States, and tina.
this indictment was broadly blazoncd
forth in their State Constitutions.
These people across the water don't
look into our yOlumlnous Codes; they
have copies Of our State Constitutions,
and they judge, in part, Of the in.
ducemeuts to seek q bone in particular
States by the provisions contained il
tho State Constitutions. It was said
that tue absence Of any such prOvis.
ions in our present Constitution al.
though the power existed there as ful.
ly as it does in the new, } was eficCtu.
ally used by immigration agents Of
other States to prejudice the Claims Of
West Virginia 1t was thus incorpo.
rated 10 our new State Constitution to
remove one impediucnt to immigration
amongst US.