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Exemption: Report Of The Judiciary Committee

Exemption: Report Of The Judiciary Committee image
Parent Issue
Day
20
Month
April
Year
1846
Copyright
Public Domain
OCR Text

Mi: Howell, fïom the nvijority of ihe Committee on the Judiciary, to whom was referred a resolution of enquiry into the expedicncy of exempting fïom sale on account of any debt or liability incurred after the fust day of July 1847, real estáte to the amount of five hundred dollars to actual rosidents, have hnd the same imder consideration and submit the following report : In the discusión of this subject, the commiitee propose to examine the present positioa ofour goveniment in regard to propettyand the rigbts of individuáis the rein ; the reasons upoñ which that position is founded, as well as its application to our institutions and governtnent. Every material change in what would seem a scttled policy of our government, should be proceedod in with the greatest caution, and with duo regard to the rights and feeling3 of all concerned ; and no such change should be made bul for rea8ons clear, palpable, and conclusivo inthemselves. Our opinions in regard to property nnJ individual rights, may justly be said to be derived from oiir parent country, brought by our ancestors, incorporated intö, and made a part of the polilical economy of this govcrnmcnt. Tlie formation of a república governrnent, baeed upon the principie that every man formed of a part of that government, and thal each individual opinión was a component part of that great mental fabric. which. in it-s progression, is calcülatedto renovate the world, and dissipate the preconceived opinión ihat man is incapable of self government, was, at the time, an experiment, without precedent to guide, or experience upon which to found conclusions. The purity of intentions, and the forecast ofmind of its framers, formed the only reüable basis upon which they could proceed. The frame wófk of thal government was, perhaps, one of ihe most beautiful structures ever matured by man, but its details very naturally nartook much of the governmcnt underwhich they had been reared. In its organic character were comprehended all the purposes for which it was iniended, while the manv details werc left to bo periected agreeobly to the diclates of experienco, with a view to btrengthen nnd beautify the whole system. The original provisions of our governmenf in regard to property and individual rights, were in accordance to a wcddec prejuilice in favor of the EngVish govèrnment, wheredistinctions in rank and property aro made and sustained as a part of its political economy ; and whcre the alienation of real estáte is discouraged by the laws of entail and primogeniture ; thereby establishing a sysiem o perpetual tenantry as bost calculated to define and perpetúate such distinctions b rendering the working clases subservien to, and controlable at the will of the landlord. Thero is a marked diiTerence between the English government and our own. - The fabric of their government rests upon the concentraron and weight of pro perty, and the power of their militanand naval establishments - ours upon the virtue and intelügence of our - ïheirs, upon physical forco and exclusive privileges- ours, upon mental strength and equal rights. The question is then very naturally presented, whether it should not bö the policy of our govcrnment, so far as legislation is concerned, to make everv man a freeman in deed; to enable bin to discharge h.s duty independemly to wards his government, and with a finn conviction that tho poor as wel! as the rich, the low aswell as the high, reccive equally its countenance, protection and encouragemcnt. This position is no less to bc regarded in a moral than a política! point of view, for it is undeniable that where a government pursues a parental instead of a discriminating policy, the attachmenl of its people is increased, and an ardent patri otism is wnrmed into life by its wisdom justice & humanity- cxperiencestrcngtli ens this position for no observer of pas sing evcnts can shut his eyes to the fue that sincc tho passagfi of the exemption law of 1842, the moral as well as the po litical condition of our people has been ominently progressive, aud more o wholesome equnlity exists than couk have been attained under any othersys tem.The ''credit, systenu" so cnlled, was based upon wrong principies in its ver inceplion - principies ut wui with eithei equality or humatiity . The oreditor pOH sessed not only the absolute power oyei tlic proper ly but over the liberty of tin debior. Il' tlie (lel)tor had ño jicoperiy or nsufficient to pny thedemand. he wn sold inlo slavery by the e redi h ir. until hi labor would discharge the ubliffaiiohand for what 't Merely the inability. perltnps occasioneel by the xiern deervr ofun overruling Provideucn, todisch.'irgi the oblignlious o!' a civil ouUtrocl voluitlarily entered Hito for i be purpose of,ob; (liniiig a .su b.s e nee on the one hand, and of accumulaling weahii 00 iheother. Tl)c oiip, by the saine volunlarv act, niado a criminal , lbo other a prosecutor Tlie nt progicssivc step (in baiburity) was to inca ree ra Ie tlic ili'blor in pri son, wherc liu could neither fenrter service to tbc credilur or any ollier person. Tlic hislory rif ihe relalion ofdeblor and credMor shows concluivel y lbo progression of the benign iiiflnenccs of enrié tiuuity and hunianilj-. Ueloro llie aboliliofi of imprisonment for debl in the state of New Vork, an execulioii fioni a juslice coinmenced with the following caption : "Tlie IVople of the S:aic of New York, $Lf"by the grace of Gun, fkke and iNDKrfcNBKN'F !" - What was its comniand 1 To take all the property of the defendant, not excepting the wearingapparel of himself and famfly, or even the bed upon which inight repose a langmshirig wife or a belpless child. What was e.xcepted 1 f I's ' arms önd accoutrements"- that which was necessary o defend that very governmont thal made a belpless wife and children the inrnats of a poor-house, was, ilby the grace of God," reserved to him, that he might do the bidding of his masters. What the conclusión if hehad not surlïciont property ? f' For the want ihereof, take the body, and him deliver to tho common jail, Stc."Il is noi siraugu uien, m luuuciopuou of ihc amcnded constiluiion of New Yoi k, as late as 1821, extending the right of electivo franchise, tothal class ofcitizens, who, on account of their poverty ïad never enjoyed it ; " a right inestimable to thein, and formidable totyrants only" - -it is nol st range, we repeat, that object ions were made to their judicious exercise of thnt power, froni the state of vassalngo and depondence, they had been doomed to occupy. Humnnity blushes to record the incidents of the present century. The tendency of legíslaiion has been to niakc labor subservient ló ca)ital, and tliislendency has been fncilitated by ilie time and atlobtïón capiialK-sts are able to bestow upon public oifairs, over and above those who gain their bread "by the sweal of their brow." In the public press, in the halls of legislation, the principies of credit, the iiKiintenance of the public faith, the rates of exchange, the moncy inarket,the exports and imports oi the country are all discussed with zeal and ability - but where is the press that advocates, where is the voice that is raised in behalf of that class upon whose labor depend all these operationr - whose industry payé the debts - fegulates the money market - gives to eommerco its Ímpetus, and who are the right arm of tho defeiice of the government in the hour of its peri] and its danger? For more than half a century, has this inequalily exis ed in our government - eeply imbued with the principies of freedom - patienily awaiting the time when an enlightened public opinión, and a generous philanthropy would ameliorate their condition - they have toiled on, without repining, without murmuring, and they now ask ua as guardians of the public weal, as brethren of the samofumily, to extend to tiiem the proleciing and parental care of that government, which, it has ever been their pride and their pleasure to sustain.Not only is it dcmanded in a politica! point of view, to enablo every man to maintain his just position in society, but every impulse of hutnanity prompts us to provide for ihc mainlcnance and educationof all thehclplessand indigertt families of our fellow eitizcns. To place it in the power of every cilizen to provide and retain a comfortable and respectable home for his family, and secure the edu catión of his children, would belhesuresl way to dissipale thosc false notionso rai:k and aristocracy which are daily ad vancing in this country, and cstablish the only true lines of distinotion which shouk exist under our institutions - a rank of merit, and on arislocracy of intellect. Upon this subject public opinión lia been progressive for the last few yearstlie eloud of prejudice yields belbre the sunshinc of reason. To the philanthro pisls such a state of public feeling con trasts beautiftillv with that cold and mar ble selfishness wliich doorns man a mcnia for his follow man. Let man be op pressed, make his poverty an obstacle to the developemont of his intellect and hi energies, ond he is debased in his own estimation - he views with mortificatioi and chagrín the happier lot of his no more meritorious neighbor in the posses sion of a home where he can enjoy hi domestic relations - his spirit is humbléc - his energies relaxed, and he uncon sciously sinks into the slough of menta inertiá ; and with him in many instances sinks the prospects of a largo and prom ising family. If, on the contrary, we hold out th inducement of a home to every citiZen give an asylum to the oppressed nnd un fortúnate, and our state will be quickl, peopled with an industrious, sober, intel ligent, and a moral people. The ven face of nature will be changed, and eac will rejoice in the humane characteranc benign influence of that government which "sheds its blessings liko the dew of heaven, unseen and unfelt, save in th freshness and beauty they contribute to produce." Every principie of moráis and of po litical economy demands the contempla led cxemption. The spirit and genius o our institutions equally demand that eve ry citizen shall be in fact a freeman. - The ogricultural interests of our state an interest paramount to all others would thereby be encouraged and advan eed. Nor is there any foundation toap prehend dtsadvantage to the commercia■r otlier important interests ; t is proponed lo fake eftect orily upon debts hereafT coitfTocféd, or liabilities hereal'ler iniii red. All existing obligations are to be iiturccd iifidcr existing laws. The systiin of credit, b.tsod upon the idea of jru.-iug:iml sacrificing thal wliich is necssiry ir t lic cuinforiable subsistence of i Ouiiilv, is begin n i ug to be di.scarded, tiid the lietter and sounder opinión rippenrs to be, thal the basis of credit should !é wheré mutual coiifidence do not exist, upon socurity given at the time ol" coni meting the debt. The coirnnitieo are fully aware of the contrariel y of opiuions hut oxist on this -julijoct, and thcy ask for it a careful and critical examinaiion, Inlly cunfideui ihat nothing can be mn in tai ried by precedent 'ilono, vvhich has nol its foundation in the brood principies of jgsliceaiid of equity.