The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1873-08-11
starting point, to be increased as the party

acquires.
Now, every one of the 250,oOo, rich or
poor, solvent or insolvent, is entitled (by
law to the exemption; so that by the home.
stead act from S75,00nOOO to $500, ,0O0, 900 of
the capital Of the State Of Virginia cannot
be subjected to liability for debt by any judg.
ment unless the holder has given his formal
consent in writing in each case at the time
when the debt was contracted.
What remains for lender of money to
| put confidence in rs security?
More than this: The bankrupt law makes
| good the exemption against old rs well as
new debts, and the debtor, after his dis
charge, has all his rights under the State
homestead unimpaired.
Is not this abstraction of her means
| enough to paralyze any State no richer than
Virginia?
But we are told that the owner may waive
MS right to exemption.
He cannot waive it as to obligations ac-
crued prior to the waiver, unless he make it
q new debt. The right Of waiver Gf it be
such) must be exercised in every instance ut
| the time Of contract.
But suppose waiver be refused. To the
extent of no waiver, at least, the assets are
blotted out as e6ectually as if swept away
by fire. flood, or earthquake.
Can it be waived?
| I do not pretend to express, or to have
adopted, the opinion that it cannot be
waived; but de say that the law has left
enough foundation for the query to justify
graue doubt as to the validity of any waiver
or alienation of the homestead.
| The statutory provision allowing waiver
is void if repugnant to the constitutional
| provision for homestead.
No mere statute can enlarge or abridge q
constitutional right.
| What is the legitimate effect and extent
of the homestead clause in the State Consti-
tuition?
The words are. "Eyery householder or
head of a family shall be entitled to hold eX-
empt from leUy, seizure, or sale, under any
execution, order, or other process issuing on
any demand for any debt, his real and per-
sonal property heretofore or hereafter ac-
quired to the value of not exceeding s., 1000,
| to be selected by himself"
There arc several inquiries which present
| themselves.
]. Does not the Constitution protect the
| homestead from leUy, stizure, or sale for
tares of any kind, or for rents?
.. Does not this exemption take effect by
virtue Of the Constitution, whether the
owner claim it under the statute or not? Is
| the declaration prescribed by the statute
| essential to perfect the constitutional privi-
lege?
8. Is this homestead exemption privilege
personal to the individual alone, which he
can exercise, renounce, or waive at plea
sure?
Is the exempted property subject to his
exclusive use and disposal, without control
or restraint!
Can he sell it, apply it to his own sole
uses. destroy it, squander it, give it away,
or convey it by good title, with no intent to
| relnyest?
4. Or does the householder, &C., hold the
exempted property as trustee for has fam
lily!
Does the language Of the Constitution
create an equitable right in the family which
| will adhere to and follow the property as a
permanent lien into any hands, an equity
which NAV be asserted on their behalf at
any time and by themselves or their "neXt
friend 20
The ayowed intent of the provision was
| undoubtedly to make permanent fund
which would save the family from distress
and want. The law was meant for them
| and not for the man.
That was certainly the idea under which
the people of Virginia adopted it +; If they
| have not done so they have fallen far short
of their avowed purpose, and have enacted
| farce of the broadest character.
If the words of the Constitution simply
give q privilege in which the family has no
share which they can assert by lava prlVl'
| lece confined to the householder al0ne-we
have presented to us scene in which the
| wisdom of the State elected to devise an Or
ganic law concentrating in solemn conclaVe
| its whole mental energies to contrive law
| by which $4,000 of mans property shall
| best be protected from his creditors by con-
stitutional guards, so that he may defy them,
| hold it in peace and safety for his own uses,
and. il he chooses, the next day squander it
| at the gaming-table leaving his creditors to
curse and his family to weep--taking
rights from the creditors and giving none to
| the family.
In other States the homestead cannot be
waived or aliened. How the language OF
their law compares with ours | do not
| know.
If on the other hand the law be construed
as giving vested rights to the children ana
family. 1t would create perpetual and 1h-
| aGenabie lien of $1,000 on every mans
estate.
How this will be decided no man can tell.
Whether the courts will construe the law as
| creating an equity, or whether the Leglsla-
| ture or the next Convention will not, like
| the Congress on 81 of March, 1873, pass an
| ordinance declaring that the true intent OF
the Constitution was to create such trust or
equity, who can tell? If so, of what value
is the title of property sold which is subject
to the lien of the exemption?
l refer to the question only for the pur-
pose of showing what confusion these laws
introduce-ho,c much Of doubt and appre-
kension they harc infused into all business
| trdnSdcti0ns-Whats sense of Insecurity they
excite in apitalists-insecurity which can't
be remedied.
| Prudence will dictate to men the pro.
| priety, in every transaction involving title to
property, OF adding the homestead of $4,000
to the list Of other liens incumoering the
| same.
To this homestead exemption of $500, ,000,-
600 thus withdrawn we must add that under
the "poor mans law of $500. or say an
average of 500, or S25,000,eO0, and the
original bankrupt exemption of S5OO--say
| 81 900, 900 more-$526, 100000. the immu-
| nitv Of which is provided for by law: that
1 is, it is within the compass OF these laws
! that this enormous amount may De exempt
| ed, and it is a matter of fact that millions on
| millions are actually thus sequestered-
enough to cripple the State, contract It's
| business, alarm and drive of its clrcu latlon.
| The effect of these various laws is:
1. To destroy all confidence in every Sc
curity for debt provided by law or other.
| wise, and in the laws Of the land rs an AID
and protection of creditors rights; TO
nut an end to faith in the integrity or lhe
i = 2ohf.navinU hOHV.