The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1872-08-03
TT OrFsoE U. S. DIsTEIoTiArroasEY,1
WESTERN DISTRICT OF VIRGINIA, / y
AnIsGboy wa HIM 81. 1870 \

WESTERN DISTRICT OF VIRGINIA, ! 81
ABrsGDoS, VA, july %, 1872.
/ sDeHsir,AIwiiHauswerlyour letter OF The
22d instant ~ explicitly eas / can, %supposfng
that you desire TO lave q statement of the
condition OF the law relating Ia, the home
sread which yon can place in the hands Of
persons contemplating bankruptcy. Sucftall
explanation IL rendered necessary In d pfrtI
Of the State by the fact: that the lawyers who
practice In the State courts are SO much In
terested in the. eaiiecfion Of old debts, the
enforceipeutM Judgment liens, and the sale
Of debtors property, AS to desire the OVER
throw Of fhe1 Homestead exemption. They
1 natumhg ;aaxIse those who consult them
against. going into, bankruptcy, and charge
heaY Ices, bankrupt cases, The there
lisa such q powerful interest and Influence
against the bankrupt law many will, he dis
studded from ayailing.o OF It who ought to do
ESQ, and for whoseabeneft this humane law
was enacted by Congress. - -
The isankriptlaW is administered In the
courts of the United States, and these courts
have entire Jurisdiction Of the effects of bank
rupts exclusively Of the State courts.
III Efrginiat tie bankrupt law exempts
from SHE aud lEetaiTis for the bankrupt out
of his estate the rour following classes of
property fEf al fIa{ tiL
]. Isl. The necessary household and kitchen
furniture, and other articles and necessaries
of the bankrupt not exceeding five hundred
| dollars in value. TAR ~ .tt.t 10 fGts -"
Cd. The wearing, apparel of the, bankrupt
and of his wife a,nI cliiIdfen.I .Rati =
3d. The uniform, arms, and equipments
of the bankrupt. III he iias li,een a soldier in
the militia, errim the service of the United
States. And. ,,r 4, .a5'
44th. s,eht other property a. Is EXEMPTED by
the statute laws Of Virginia and by the
Constitution of iNirgiuiaiin force III the year,
i1S7l. &C. ~ - %, go. ,5od
The property embraced in. tie first three
classes above enumerated is exempted by
The; bankrupt act itself, which is an act OF
Congress. ~
The, property of the fourth class, exempt
ed by the Laws aud; Constitution of Virgins,
and made part OF the exemptions in iank.
ruptcy by the lsanklaipt act OF Congress, in
Guides the Homestead, Tie homestead arti-
Gle of the State Constitution, now made part
of the bankrupt act Of Congress- is in the
following words +" -,
cart At, See. ~ Every householder or
head or faulty shall be entitled in addition
to the articles now exempt from levy OF dis
Itress for rent, to hold exempt from levy,
4 seizure, g~arnisheeing, orGsale, under anylexe-
fcutien, order, OF other process Issued on any
i demand for, any debt heretofore or hereafter
contracted, his real on personal property, or
Ieither, tnclud ne money or debts due him,
whether heretofore or hereafter acquired or
Eeontracted. ia, the value OF not exceeding
two thousand dollars, to be selected by
him." &c. .
: ,fhis article isInade n part of the bankrupt
| act of Congress in this State; and I have to
| saw with entire confidence that the national
courts, In all eases Of Bankruptcy, will exc.
Icute tits article according to its letter and
spirit. They will uphold til. exemption
IandhappIs it in favor Of bankrupts against
IdeDts due before the adoption of the State
| Constellation as well us, those due after that
event. /: They will do ii. rs 10 property sch1ch
/ at The time of going INTO bankruptcy ecds pest
I ed in the BANKRUPT but they will not give
1 The exemption against property achich shat
! haze passed from the bankrupt hen he goes
into Bankruptcy, by decd, of trusted OF
mortsage. or by special pledge and delivery
as security, for debt. They win give the
bankrupt the benefit OF this exemption rs
against all debts, whether in the form OF
| Judgment liens or moi, whether contracted
before or after the adoption Of the State Com
stitution, except the following viz:
i. Money due for the purchase Of tile pro-
perty claimed from exemption q,
g. Moneyydue for the services of labor1ng
Ipersousle or. mechanics f4,+J u
8. Money due officially by 4 public officer,
or the officer Of q court, or by any fduciary,
or any attorney at ;:hY. faaLg ..t ~
IL 4. money due for taxes levied after ISL
June, 1886. J ,,i"2"3, iia -s"4't }ra,r't n,Ja
5. Money due for rent accruing. And
] 6. Money due for fees legally taxed in
favor of, public on officers ter' az, and 81 officers OF
Except as to property pro the title Of which
has passed from the bankrupt at the time Of
going into bankruptcy the homestead y,
emption VIII be upheld by the Federai
courts as. az, against all debts, Rhenevfrseon,
traacted, except Of the Six classes just above
enumerated III,
III. via be observed that the homestead
I~elausei OF the State Constitution quoted above
expressly gives the exemption against depts
contracted before as we'll as after fhe aaop-
I ton Of the GonstitHtion.,hIhis provision OF
the article stood intact and uliimpeacnea 81
.tthe 9Th day of Junef last, when tne act OF
tGongress was passed amending the fnlkrupa
act of 1867, and virtually making this clause
| OF our Constitution, IN ,t0tidem petDls, part
of the bankrupt ACT of Congress- rms reuo-
i spectfve Operation OF the homestead article
tnpiebt have been Unconstitutional as asstate
aW from the fact that the National G9nstItI-
/ ton, .for6ids any State nom passing any law
4 fmpairing the obligation Of contracts. Put
CONGRESS, having adopted it Gas q part Of It's
own bankrupt law, makes ityaiid, as o con-
gressionai law; because Congress may Ils =
/ laws jmlIpiaiiriingt The obligation Of contracts;
land naay, especially, pass i bankrupt paw: J.