The Marietta journal. [volume] (Marietta, Ga.) 1866-1909, 1873-06-06

prior to the adoption OF our otatf
Constitution, are estates created IN
der the terms and provisions OF
States law which is retroactive il
its character, and hence, made t.
impair the obligations of these con
| tracts.
1t is in view of this &c post jact'
feature of the new constitution O
Georgia, that the United States Su
preme Court declares the "Home
stead Law OF Georgia unconstitu
tional, and, therefore, null and void
No proposition can be more hos
tile to the genius Of true constitu
tional law, and more injurious to The
liberties Of our people than the dec
laration made through our latter
day State legislation, that home
steads can or should be maintained
under the operations of statute, OF
the provisions of the organic law, Of
q State which were enacted or have
been adopted since the creation Of
an obligation, or contract made in
good faith, and at time when an
other homestead law was in force,
exempting from levy and sale but a
moety of the applicants estatc.i
have never been able to d scov
er in the Homestead law, when SO
applied, even an equity which could
bring it within the enlightened con
science of this most liberal depart
ment Jurisprudence. My opinion,
as you should know, has been uni
formly, that it was not based upon a
single principle of sound law; but
was only to be considered as the
address Of certain shrewd
politicians who were counting popu
larity in Georgia by appealing to a
very weak element of our poor hu>
man nature.
Again, you ask me i'll think your
Homestead can be saved to your
family through the operations of the
Bankrupt law of the United States.
| answer you, that if your home
stead has been set aside after the
creation Of lien of contracts on it,
made prior to the adoption Of our
State constitution in 1868, | do not
think that it will be maintained un.
der the exemption provisions Of the
Bankrupt law of the United States
longer than case can be brought
properly before the United States
Supreme Court. You, may, after
enduring the traverse of an adjudi-
cation in bankruptcy, hold it against
the above cited class of obligations
for short time, bat the end of all
this proceeding in bankruptcy" as
far as your case is concerned, is an
nounced in all 1 have written above
with regard to the decision of the
Supreme Court on the constitutions
atty of the homestead law, as passed
upon at Washington City.
SO you see my dear sir, after the
lapse of four years only, we are again
talking about ''homestead.' You
remember, evidently, my advice
then given to you, at my office in
Eatonton, or would not be writing
my friend this letter. Pray. allow
me to repeat in substance, if should
not in words. If you cannot pay
your debts, which have been justly
and honorably contracted, seek your
creditors say to them the truth,
that you have no money to waste in
fruitless litigation, and none that
you would have which has been I'M
Justly obtained. Have the moral
courage TO admitto them that your
misfortunes have made you ser
want, and yet you are proud man
who cannot work in chains without
being chafed to death. State exact
ly your circumstances. Surrender
your assets to the last article of val
ne. In other words, let them see
that you are not disposed to defraud
them, or any one else, by dodge
of questionable character, and that
you will recognise no equity moi
founded in a good conscience, and
no law that is not passed upon the
principles of common sense.
Now, then, for my opinion again
ISIS:
would rather undertake to Sc
cure to you and your family, Ger
tainly and surely homestead OF
the line abeve indicated, that would
be satisfaction to you, and com
fort to your family, than TO warrant
one in any manner under the ex'
emption provision OF the bankrupt
laws of the United States. In th'
one case | believe enough in th'
generous traits of human nature
when approached by manly brave
heart to advise the course above in
dieated in the other case | think
know enough of the principles o
our common law, to satisfy me tina
the bankrupt exemptions, in all cases
where contracts existed prior to 1865
is only another lgais .tatl'ss, leading
the unlucky follower into certain
ruin.
Pray. pardon me for having writ
ten so much on this subject. Real
ly, when remember our long anC
repeated conversations, at my otfie
in Eatonton. in 1869, upon this yer
snhiect and finding YOU again tn