The Russellville Democrat., 1886-01-28
JUDGE CALDWELL'S AD-
 DRESS.
Some of His Positions Reviewed
 ana Likewise Criticized.

Some of His Positions Reviewed
 and Likewise Criticized.
 To the editor of the Gazette.
 nave read with care, and with much interest the, full text of Judge Caldwell's address before the State Bar Association, as published Tn the daily Gazette last Friday. The address is on subject of general interest and bears directly upon topics Of prime importance to all classes. As is truthfully remark ed by the distinguished author of the address, s.thc state and society have deep concern in this question, quite independent of the mere per sonal interests of the debtor and creditor"
 1 am glad the able and patriotic gentleman made The Relation of Debtor and Creditor' the theme of his address, for 1t will be pretty cer to put people to thinking, and evoke discussion which may do good.
 The address is full of that deep erudition and elegant rhetoric which we may always expect to find in any thing from the pen of that learned and eloquent gentleman. l am only sorry that it is not equally as full of correct enunciations upon the prac tical workings of the exemption and mortgage laws ot our state. No one is better acquainted with,o or can state more lucidly the statutory provisions of our state touching exemptions and mortgages than the distinguish ed judge, but l am convinced from tue strained and fallacious positions which he takes in regard to the practical workings of them. that he has had but the slight experience in the details of business transactions under those statutes.
 l Every body who knows anything about the commercial and financial interests of Tour country, knows that large bulk of the business done, is done on credit that without that confidence and faith which makes it possible to transact very much of the business of this or any other country on credit, the conner cial interests would languish and dwindlc into insignificance. Now, what conditions are necessary to in duce and promote this confdence2 The learned judge tells us all about the customs and laws of the ancients in their operations upon debtor and creditor, and with him every humone citizen revolts at their cruelty and barbarity, ard rejoices that there has been so marked re- form in these laws. But in our en- deavors to properly regulate, by law, the relations between debtor and creditor, we must remember that Sin q middle course lles the greatest safety,' and from the extreme laws and customs of the ancients we must not go to the other extremity ard, in our desire to be humane, enact laws whichwill be as unjust to the creditor as the laws of those ancients were harsh and oppressive to the debtor.
 GOOD REASONS FOR OPPOSING ~ExEMP- TIoNs.
 Those who oppose exemptions" says Judge Caldwell, do so on the assumption that debtors first and highest obligation, under all circum- stances, is to his creditors, and that this duty requires that he shall be compelled to yield up all his proper ty, if need be, to pay his debts, re- gardless of the results to the state and his family, and to those of hls creditors whose debts remain unpaid after his property is exhausted" This is not the true reason by any means (as difficult as in would be to overcome it) for opposing exemption laws, and l will now undertake to state what the true reasons are: l. The exemption, where coupled with the provision that no encam brance shall be permitted on the exempted property, deprives the owner of the free control of his own property.
 2. In the enactment of exemp- tion laws the state assumes to exer- else n kind of paternal control over the citizen, something akin to . guardianship, which is inimical to to the spirit of our free institutions.
 3. The exemption is only occa- sionally used, or taken advantage of, by an honest debtor; but, as a rule. serves as ready retreat behind which dishonest debtors cyade the payment of just debts.
 The exemption tends to make the debtor reckless and extravagent in