The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1872-07-08
TREASURY brrAETMEST,)
oFFlrE or l>TEHNAL REVENUE. :
W aSIiINGTuN, June 20, ISL.
Thr WNtilc,ilic Enterprise cnlarGcS ulrna
p",.,t we llrl,tc week or twua It's follows
Size ssspE,rus,t LAW.


An article ~i~urti ''tIhcmmrr" rlS been
.uiu.. the rounds OF The Stale press for some
weeks relating to certain recent amendments
to The Bankrupt laws. This article has in
most Instances been published '.hy request"
and >cvnls TO hc considered 10y The writer as
,,mhndyin- tie correction Of some very per
nriori> nIiSapprchcn>iuns. Wcqlote the fol,
lowing thai our readers nEy see Abe
mlrlr'>" position ::
The law Is it realty did pass only
CHANGES the Stalrs' exemptions rs they OK
i.trd in 1854 to those which were i'll opera
ton in 1871.
Ii follows:
!. That the effect of this legislation by
Congress is to lc"alHc i'll Virginia, as Il part
of the bankrupt law. the homestead i'll the
Virginia Constitution.
>. As The result OF This amendment, it Is
clear that Il debtor taking the benefit OF the
acl is entitled /" $1,000 IN G"iHi'on t" the
state and Federal exemptions i'll force prior
to tie passage Of the amendment.
=. THAT the homestead. having been thus
adopted rs Il part ot the bankrupt law, Is rs
hiu!;l~ rs amy ni the exemptions, whether
state or Federal, previously existing, or H.
ANY other part OF the bankrupt law itself.
I. That the provisions OF the homestead
as il exists in the Constitution Of Virginia
arc fully binding, IL Il rnrt OF the bankrupt
a,t, upon Federal and State courts and that
consequently (Scc Virginia Constitution on
the subject of homestead, judgments, cNcmr-
lions, rent to Il certain extent, &c-) they are
uycrrudc bv the amendment, as well as those
Obtained 6cforc rs those after passage of the
amendment in question. There arc various
other subordinate results not necessary here
10 specify.
After making the above synopsis OF the
BANKRUPT law "Albcmarle very compla-
Gently adds: "Or course no decision of the
Virginia Court of Appeals, at Wythcvilc or
elsewhere. can i'll amy wise affect tdtc 81
Compress. such us the Virginia homestead
has become by adopton.'
He continues: The Court Of Appeals de-
cidcd, very property, that the homestead, as
applied to altecedcnt debts, WAS unconStlttl-
tionai as Il state lar, because the ConSlltu-
ton of the United States expressly provides
Cat no State shall pass any law llnlnlrlllS
the obligation of contracts. On the other
hand Congress has express power to impair
the obligation oi contracts, 10y passing Il uni
form law Of Bankruptcy throughout the
United STILES
Now, il strikes lis, with all due Difference
TO the legal aclinicn AlDcnf'rlc" seems 10
think himself possessed OF, that he has come
to Il most absurd conclusion i'll reference to
The effect of the recent amendment TO the
hunkrlpt law. 1t is true that the effect oil
The legislation OF Congress is to ieSaliZe IN
Virginia, rs !; part of the bankrupt law, inc
homestead in the Virginia Constitution. But
the Virginia Court of Appeals decides that
the homestead. as applied to antccedcnt debts,
is unconstitutional, and therefore rom lts
adoption was null and void and utterly III
operative. This part Of the homestead pro-
vision is of 10 more effect than II 1t Mlu
never been put into the Constitution ut All.
DOCS ".ilbcniarle intend to say that the law
of Congress will operate to yitalizc this nul-
lity! Does he wish To convey the impression
That Congress can override OF set aside the
decision of the State court and declare that
TO be valid as an exemption under the bank
r,lpt law Which is not SO under the State
law? Evidently Congress means only 10
sustain so much of the Virginia homestead
clause as is declared by our court OF last re-
sort TO be constitutional, ana consequently
the law of the State. TO our NINA tilcre ~
no difficulty in the matter. We thinK the
effect of the law of Congress can only be TO
allow bankrupts to claim the s., 900 eXeml,-
lion under the State Constitution rs to debts
contracted ON and after the Isl OF january,
1871. IL we are wrong III this impression
we should like to be set right by " Aide
marlc,n oranyother learned OF uniesinea
sage OF the law.