The Marietta journal. [volume] (Marietta, Ga.) 1866-1909, 1872-09-13
HOMESTEAD AND EXEMPTIONS

HOMESTEAD AND EAbMPTIOH5
From an article in the LaGrange
Reporter, we take several para
graphs on this subject as follows:
In the Constitution of Georgia
there is section providing, with
but trivial restrictions, the exemp-
ton from levy and sale under execu-
ton for debt, of two thousand dollars
worth of realty and one thousand
dollars worth of personally to be esr
timated on specie basis. Il is pro-
posed to show, first. that this pro-
vision is unjust !; secondly, that it is
disastrous to the interests of the peO-
pie.
In very few States were these ex-
emptions made retroactive. Most OF
the States refused to build up
| screens for the debtors benefit
against the creditor who trusted him
on the basis of the property the
debtor had untrammeled at the time
the debt was contracted. But bad
men in Georgia did this wrong also
| A system of retroactive laws was in.
augurated and Brown. Lochrane anc
Mckay declared them constitutional
on the ground that they affected the
/ remedy and not the contract, bul
really on the patent ground that
they were party measures to bride
/ ignorant Gu pidity. Warner answer
ed them in words that won't perish,
that the law which injuriously af-
fects the remedy does, in the obvi-
GUS meaning of our Supreme Con-
stitution, "impair the obligation of
contracts
The law IS unjust. No man cred
its another without some basis for
the trust. That basis must be eth
er the power to collect Or confidence
in the honor Of the debtor. And the
debtor either expressly or tacitiy
urges the security Of his property
and his honor as a basis for his &C
commodation. Now if the debtor
screens The property which he used
as basis for credit, it is an immor-
al act and the law which allows it to
the injury of the creditor is an I'M
Just law.
That this law is unjust enlighten~
ed conscience has always said. And
the universal conscience is next to
rev citation, the sures: gauge of
wrong and right. One may mis-
take, another may go wrong So one
may mistake about tie length of one
life. No one could guess how long
any one of ten thousand men would
live. But mortuary tables give you
the exact average of all their lives.
So universal opinion on morals ap-
proximate truth, and it is universally
disreputahle for man to loll in
wealth while perhaps the very man
from whom be obtained and to whom
he is due the very money that
bought his lands and stock, is poor
to the brink or to the bottom of pau
perism.
1t is not Legitimate to say that the
debt was contracted in the light of
the laws and under the condition of
the laws Of collection as excuse for
failure to pay, because he who seeks
to be credited either expressly or
tacitly promises to pay withom coadi-
ton, otherwise no man would credit
him.
But this argument is not directed
against a reasonable exemption
/ This brings US 10 the second PROPOSE
! ton that the law is disastrous. 1t Is
| policy to I,ave some legal protection
for the very unfortunate, because
society is interested in having nc
member driven to the insanity OF
desperation. Therefore, creditors
would be willing to waive part Of
their legitimate rights, just as for
purp SEES Of good government men
willingly give up a part of their
natural liberty. But it should be
remembered that only enough should
be exempted to furnish basis for