The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1873-05-03
AN IMPORTANT OPINION.
y,7EaNESDED BANKRUPT LAW DE-
STROYED BIZ THE United STATES
SUPREME COURT.

We have already published that the ST.
prcme Court of the United States had de-
cidcd the Georgia retrospective homestead
law to be unconstitutional. We have the
pleasure to-day of giving the entire opinion.
II is matter of 30 much importance that we
give it ii place of honor. Ii needs no COM
mcnt We ask thaattention of Judge Bond,
however to the following wcighty words:
I" Congress cannot, by authorization or
ratification, gre the slightest cfcct 10 STATE
iuo or constitution IN CONFLICT nth the Con-
Stitutio1t Of he I'nied states. That mstIn-
mept IS dbore and beyond the p01rcr Of Con.
grcss and the states, AMI is alike odhgntory
upon lc'th.'
This is exactly what Congress tried TO do
in passing the amendatory bankrupt act.
From the Macon tGa.l Telegraph
Full TENT OF TIE UNITED STATES SUPREME
COURT DECISION on THE GEORGIA HOMESTEAD
ACT.
John Mex. Guiiu. plaintiff in error. re. Charles
+. Barry. IN error IL the supreme Court of the
State Of Georgia
Nr. Justice Swaync delivered the opinion OF the
This is a writ OF error TO The Supreme Court of
the State Of Georgia.
On the 18th of May, 1896. the plaintiff in error re-
covered in the Superior Court of Randolph county
u Judgment against " iliam X. Hart for the sum of
s.v.3O principal. ard Sl2j.GO interest, up to the
dltc of The Judgment and costs. An execution was
issued upon the jadsmeutand placed In the hands of
III. defendant in error as sheriff of that county. He
was thereby com tantlen to make the sums above
lncntoncd ard further interest upol, the principal
from the l2.h Of May, 1865, AMI The costs. l he
plaintiff In error requested him 10 ley upon tr1ct
CT land OF :92 acres, oeionsnsI" TART The deienl5
evan ilIr NJ Il
as the only reason for his refusal that the premises
had been set oil TO Hurt under tie provisions OF the
net passed bv the General Assembly Of the State, and
approved October sd, 1859 entitled, a" act TO pro-
Nde for setting apart homestead of realty and per-
sonaty, and for The valuation OF said proprrly ana
for the full and complete projection aud security OF
tht same TO thh cole use aud benefit of families, rs
u.IuIred by section first of article seventh Of the
Gum thereupon l:etiuonrd The Superior Court OF
The county for Il writ of MnnddmnS to conpci the
sheriff tu make the levy.
The petition set forth that the land In question
wa, the only property known to him suhict TO the
lien of Ills Judgment. except tract of I" cny-cight
acres, Of tile value Of 500. situated In HE county OF
Stuart, which also Included III the Homestead 50
sci APART; that the premises in question worth
the sum Of 81, 300. and that tllev embraced much
larger number OF acres than the real eslat. exempt
troin levy aud sale by the laws in force when tie
Judgment was recovered and when the debt on
which 1t was founded was contracted.
II docs not appear that these allegations were de-
MED. and we do not understand that there /, any
controversy upon the subject.
After full nearng the Court affirmed the validity
of the act IN s retrospective aspect, and gave jrde-
ment against The petitioner. Tie Supreme Court of
tie State affirmed this Judgment.
The fret section OF seventh article of the Const.
tuition of Georgia OF 1876. provides that leach head
of family, or guardian or trustee OF Il family OF
minor children. shall be entitled to homes cad of
realty to the value of $4,000 In specie and personal
property to the Value OF $1,000 In specie, 10 he valued
1T the tine they are set apart; and 10 court or adj
ministerial officer In this State shall have juris-
or execution aeai1s said properly So set apart. In,
cluIiug such Improvement may he made thereon
from tune to tims, sNsrPt for taxes, money Dor
stead or for the purchase money OF the same, aud
for labor done thereon. or m .lrial tnr,i-hed there
for. or removal OF lncumbTnCe, thereon
The first section OF III act Of the Sd October, ls6s,
Is in the same terms.
1t may well bc doubted whether both these prosi-
sons were not Intended 10 be wholly prospective In
their effect.
But as We understand the Supreme Court Of the
Suite has conc To Il different conclusion, shall
not c1n>i cr the que ,tion.
The statute In force when the Judgment WAS rem
drred declared that the following property belong,
Ing To Il debtor who WAS Tie head oi family shoud
DE exempt from levy a' sale. To- VII: " Ftty acres
oil Ia and five additional ones for each OF his chill
Gren under the age of six cen Years, the land t" in
clude the dTeliingiuuse II the same aud Improve
nrmts do not exceed two hundred dollars: one farm
horse or mule, one COW and calf ten heat nf hogs.
and fifty dollars' worth of provisious and five dol
lars worth additional for each child: beds, bed
ding. and common beistcads sufficient tor the lani.
ly; one luom, one spinIing. wheel ana Two pair OF
cards and one hundred pounds OF liut cotton, COM
mon tools of trade for himself and bis wife: equip
nents and arms of militia soldier and troopers
horse. ordinary cooking utensils and table crockery:
wearing apparel OF himself aud family: family
Bible religious works, and srhnol-bnoks: faniiiy
portraits the library of professional man in ac-
Il al practice or business not exceeding three hun
drcd dollars In value, to be selected by himself"
No cast his eyes the former and Inter
exemptions without being struck by the greatly-iu-
creased magnitude of the latter
Section 10 OF article OF THE Constitution of the
United STATES declares that no State Shall mss any
law iH,pairihg the obligation of contracts
ii the REMEDY Is Il part OF the obligation of the
contract clearer case Of Impairment can hardly
occur than Is prrnrn ed i,tlc record before us
Tile effect Of tile ;tc; III OUT ston under the clrc.m-
Stances OF his Judgment, does not indeed merely
lmpalr. II annihilates thu remedy There Is hone
left But tile act reaches still further II witndrsw WIN
the land from the lien OF the Judgment, and thus
destroys vested right Of prop, rtY which the Gre
d!tor had acquired IN the pursuit Of me remedy 10
which he WA chilled iIy the Inv As /. stoOu when
the Judgment MIS- :-rovcrc!. IL IL In effect III Ing
ore PERSONS property nnd air!ig i 10 auothcr it-
out compt noallo I his Is cnntar" 10 fea on and
justice, amt to the fundamental principles of the
social compact. Calder CO. Bull Dali, 5s. But we
nuat eonfEs ourselves to the constitutional .psvt