The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1888-09-05
Hoyey's "Homestead Record"


tracted; and there shall be no imprisonment
for debt except in cases OF fraud.
This section, except thelast clause, which
was adopted as a separate resolution. but
added by the committee on revision,
stands as reported by the committee on
rights and privileges to the constitutional
convention of 1850. II was adopted by
the votes of los delegates against that
OF the present republican candidate Tor
governor (ALvIN P. HovEY) and seventeen
others.
To US it may seem strange that such
humane measure Shot have been OPP
posed by even eighteen members OF that
memorable body. A fair number OF the
delegates were for fixing, by the constitu-
ton, the extent Of the exemption right.
Others would accept nothing more specific
than the section adopted, while few 9TH
ers, including Mr. HovEY, stood out to the
last, on the ground that the principle was
bad and its adoption bound to lead to VI
cious results
Gen. HovEY did his utmost on the floor
of the convention to defeat this measure.
In his set speeches he was bold enough to
stigmatize the principle of the homestead
as being that Of the agrarian law OF
Rome.
After stating what he was pleased to
term the true course and effect of these
laws, he said: "And now, sir, without
tracing this historical chain any further,
81 think 1 can see through the distant
twilight of the past the LEHMAN law
casting its gloomy shadow until it has
reached the present age. The arguments
''of CAssIUS of Stole and the GRAccHI are
'resounding through England, America
land France. Give us honors and an
"equal division of property cry the agra
''rians of England. Down with the rich,
''and an equal division o. the stealings,
scream the wild. infuriated sans culottes'
''of France. Permit us to use other mems
property as our own under the sanction
''of law is the more gracious language of
''the followers OF those great Romans with
Gus. Yes, sir, hide it as you will, dis
'Iguise it as you may, the homestead and
''the LEHMAN law have been woven in the
''same loom and are both OF the same tex
'ture-tbey web other mems property;
'tthey wool the prejudices of the poor
against the rich. The LEHMAN law took the
property of one and divided amongst
''others. The amendments proposed
''would have the same practical effect, as
"they would permit one class, under the
'guise of contract, TO obtain the property
"of another. and then keep that property
under the sanction OF the laws. DE
bates Ind. Const. Con-, rol. !, p. 751.
The language quoted was used by Mr..
HovEY in the course OF his speech against
the adoption of an amendment to the
resolution as reported by the committee,
embracing the following:
And that homestead owned byany
person, the head OF a family, in this state to
consist OF land or town property, not less IN
value than five hundred dollars, shall be ex-
empted from seizure and sale by any legal pro-
cess whatever for any deb. contracted after the
adoption OF this constitution; Provided, that
such exemption shall not affect in any manner
any mechanics lien or mortgage thereon law
fully obtained.
We thus see that the claim of Mr..
HovEY, that this measure would discharge
existing debts, was unfounded.
He was very wrong also. in his conten-
ton as to the Licinian law. This was
fully shown by Mr.. BORDEN in his reply
TO Mr.. HovEY's speech, by citations from
authors OF standard authority. The agra
rian law, to which Mr.. HovEY referred,
did not interfere with private property,
but was meant to obtain for the plebeians
a share of the public lands gained by the
republic by conquest, ''and to
restrict the quantity occupied by
individuals, and to cause a rental
TO be paid from them for the sup
port of the army. The most celebrated
movers of these laws were CAssIUs
LIcINIUs and the two GRAccHI, whose rep
utation has suffered with posterity, from
being intrusted to the hands of writer's
who favored the party whose unjust en-
croachments were sought to be moderated
by these laws. "-Brondes, TIT. Agrarian
Ldw
Gen. HovEY opposed at every stage of
Sits progress the passage of the measure Sc
curing homestead exemption. He OPP
posed it as being bad in principle. He
urged that its incorporation in the organic
law would be unwise.
The debtors exemption was then but
$125. 1t was raised to $500 by an act of
the general assembly reciting the constitu-
tional provision Gen. HovEY fought so
hard to kin at its first session after the
constitution was adopted. 1t was in
creased in 1879 to $500.
Gen HovEY's record upon this question
is thoroughly bad and in conflict with the
humane and enlightened spirit which has
found expression in the homestead and
exemption laws in the various states OF
the union.
The SnrnIns and the Ranks