The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1873-03-06

!. Z yaaaa eaassss staas 1,eeiaEafo Ey
Rasaisrups Act or Sd arnrci,, 1879, by
ats Autaiof.s
II RicHxosp, March s, 1878.
| b. S. watson, Esq Abingdon, Va.
Dear sir,-The President has, Of course,
signed the g act to declare the true intent
and meaning of the act of June :, 1872,
amendatory Of the general bankrupt law,
passed by Congress on the 18th February
all foolish talk of veto to the contrary not
withstanding. And now comply with my
recent promise to you in presenting to tl'e
public an explanation and vindication OF that
humane and most important measure.
Allow me first to present history of the
act. Congress, on the Cd day of March, 1857
passed the general bankrupt law, the 14th
section Of which gave to bankrupts an ex'
emption of property fronrsale under execu'
| ton to the amount of $500; and such other
exemptions in each State as were allowed by
the laws Of such State an force in 1864.
| Within three years after the passage of this
general bankrupt law of March, 1867, oil the
southern States returned to the Union under
constitutions adopted in pursuance of the
reconstruction acts Of Congress. And il
seemed emineuty proper that the general
bankrupt law should be adapted to the laws
of the States as they stood after reconstruc'
| ton. Accordingly, it was thought proper
that the general bankrupt law should be so
amended as to give to the citizens of each
State, besides the national exemption OF
$500, such other exemptions as were allowed
| by the laws of such State III force after re-
| construction.
Therefore, on the Slh of June, 1872, Con-
gress passed an amendatory act, at the in
| stance of several patriotic gentlemen, whom
could hame, from Virginia, in the following
| words:
"Be it enacted, &C., That the first proviso
| in section IA Of an act approved March 2,
1867. entitled an act to establish uniform
system of bankruptcy throughout the United
| States, be amended by striking ont the words
| eighteen hundred and sirty.fmT, and insert
ing in lieu thereof eighteen hundred and Sc
| ueniy-one."
Tie effect of this amendment was to make
the exemption laws Of Virginia part of the
general bankrupt law as applied in our State.
| These exemption laws were-first, the home
stead exemption law !; and second, what Is
called the DOOR mans exemption law. The
homestead exemption law is in these words:
"SECTIoN |. Every householder or head OF
| a family shall lie entitled, in addition to the
articles now exempt from levy or distress
| for rent, to hold exempt from levy, seizure,
rarnishceing, or sale under any execution,
order, or other process, issued on any de-
mand for any debt heretofore or hereafter
contracted, his real and personal property,
or either, including money and debts due
| him, whether heretofore or hereaitcracquired
or contracted to the value of not exceeding
two thousand dollars, to be selected by him
| Provided thnt such exemption shall not ex-
| tend to any execution, order, or other pro-
| cess issued on any demand in the following
cases First. For the purchase price Of said
property, or any part thereof Second. For
services rendered by a laboring person or 4
mechanic. Third. For liabilities incurred
" any public officer, or officer of court OF
any tiduciary, or any attorney at law, for mo-
ney collected. Fourth. For q lawful claim
| for any taxes, leyieS, or assessments accruing
after the 1st day Of June, 1866. Fifth. For
rent hereafter accrtling. Sixth. For the lie.
gal or taxable fees Of any pubic officer, or
| officers Of 4 court, hereafter accruiDS."
"SECrIOS 8. Nothing contained in this arti
| Gle shall be construed to interfere with the
| sale of the property aforesaid, or any por-
| ton thereof, by virtue of any mortgage, deed
| Of trust. pledge, or other security thereon
What is called the poor man. exemption
law" is in these words:
"No growing crop of any kind mot
severed) Shall he liable to distress or levy, eX-
cept Indian corn, which may be taken ut any
| time after the 18th Of October in any year. In
| the case ola husband or parent who is q house.
| keeper and head Of n family, there shall be
exempt from distress or levy the following
! articles, or so much, or so many, thereof as
the party may have: One COW, one bedstcad
! with bed and necessary bedding for the
same, six chairs, one table, six knives, six
forks, six plates, two dishes, two basins, ono
| pot, one oven, six pieces OF wood or clrtheil-
ware, one loom and its appurtenances, ont
| spnning-whccl, one pair Of cards, and ono
| axe, one hoe, five barrels Of corn, five bush
els of wheat or one barrel Of flour, two hun
lrcd pounds OF bacon or pork, and five dol
| lars in value Of forage or hay, and one cook
| ing-stove and utensils for cooking herewith
And, in case OF Il mechanic, the tools and
| utensils Of his trade however, not TO exceed
go in value; q scTing-nachine; and pro-
| yided that 40 family portrait or engraving
shall he subject to distress or levy.
| Also, one bcdStead and necessary bedding
| for the same for every three members of the
iamily of the husband or parent mentioned
in the preceding section one morse, or mule
or yoke Of oxen, plough and necessary gear.
| Ing, except for taxes. Provided, that the pro
visions of this act shall not entcnd to distress
| made for taxes, county and parish levics; and
provided that the value OF the horse, mule
| Or yoke of oxen shall not exceed one hun.
| drcd dolarS.'
| Thus it was that the amended bankrupt
act Of June s, 1872, construed according t.
the intention of Congress, gave, besides tho
national exemption of 500, the Virginia
homestead exemption, as against old as vel
rs new debts, of $4,000, and the Virginia
poor mans exemption, which might reach
| 1900 or more /; say $500 in all.
| After the passage Of this amcndatory bank
rupt act Of June s, 1872, the Court Of APP
| peais of Virginia rendcrcda decision (l3th Of
JuEe, 1922 in which it declared that SO mucl
| Of the homestead clause of the Virginia Con.
>titition rs gave the homestead exemption
lis against debts contracted before the adop
ton Of the Constitution 10Th day of July
1862 was null and void, using the following
language: The single question which we
have TO determine is whether this provision
Of the State Constitution, and Of the act Of
1870. which is but copy of this article, i:
in violation of TINT provision of the Consti
tuition of the United States which declares
that 'no State shall pass any law imparine
the obligation Of contracts -; and deciding
that a State had not such power.
| 1t did not seem to me that this decision oil