Shenandoah herald. [volume] (Woodstock, Va.) 1865-1974, 1874-06-11

under it previous to the 18th Novem-.
Der, 1859. Il is true that the Constitu-
ton was adopted and the organization
made to obtain admission to represen
tation in Congress, but it is equally
true that it was Trained and ratified by
the people as and for constitution of
State Government. Admission might
follow its adoption, but was not nee
essary to give it effect On the con-
trary, Congress required that it should
become, operative and have effect before
the admission could be granted.
In the act of April 10, 1869, it was
provided that at the time the vote upon
the ratification was taken there should
be an election by the voters of members
OF the General Assembly and all the
officers OF State provided for by the
Constitution that if the Constitution
should be ratified the Legislature should
assemble at the capitol on day named
ard that, when lawfully organized, it
should act upon the ratification of the
proposed amendments. There certain
~ could be no lawful action by a Leg
islature under the. Constitution unless
, the Constitution was in force at the
| time the action was had. That Com
gress understood that the constitution
was In force and operative at the time
ot,the admission is apparent from the
terms OF the act granting such admission
and that it wasreeited that the people of
Virginia had framed and adopted a
constitution OF State government which
was republican; that the Legislature
elected under the constitution had
ratified the fourteenth and fifteenth
amendments, the performance of which
acts IN good faith was a condition
precedent to the representation of the
State IN Congress, and because this had
been done such representation was
permitted
1t is true that the Government was
not fully organized, in all its depart
ments under the Constitution, and that
the United States retained its snperyis-
! DRY powers under the Reconstruction
acts, until the final action of CONGRESS-.
Complete organization of the Govern
ment, however, was not necessary to
give effect to the Constitution, and no
modification OF the particular provisions
now under consideration was ever at,
tempted by the United States. The
Government established by the people
remained as established until actually
changed by the United States in the
exercise Of its supervisory bowers.
In our opinion the. Constitution of
Virginia took effect, so tar as it related
to the provision for exemptions, on the
9th Of July. 1862 the day Of its rat
lticatlon by the people. 1t follows that
the exemption laws passed to give
effect to that are to become operative
tor the benefit Of its citizens from that
date. As against Rcberts & Co., there
fore, the bankrupt is entitled to his
homestead.
The order of the District Court al
lowing al: assignment Of the homestead
as against the claims of Smith, Wander
link and Seminole. is reversed, but it is
affirmed as against flat OF Roberts &
| O..
HE HOMESTEAD WAIVER NOT UTcoxx
sTITurIoNAL.
Chief Justice Waite also delivered
the following highly important opinion:
m re JOSEPH SOLOMON: a Bankrupt.
Getlilon tor review ander the second
section Of the bankrupt act:
N@Ifo Chiet J4stic8.- On the 31st
OF January, 1868, the bankrupt exeeut~
ed to Glaze Brook & Thomas, at Rich~
mond, ' a, his note for the payment to
them, or their order, Of The sum OF
$234,59 at sixty days after date. 1t
contained the following clause 81
hereby waive the benefit of the home
Stead exemption as TO this debt"
Giazebrook q Thomas endorsed this
note to Gibson & Crilly.