Noah Haynes Swayne

“ The legislature acting on 'its own views of policy and humanity' has so far modified an old exemption that, instead of some real estate, the value of which varied and might be worth much more than $2000, and a great number of articles of personalty nominatim, whose value also varied and which, of themselves, might be worth much more than $1000, and might be found in some families and not at all in others ”

“ Some singular results follow as respects the State of Georgia. The population of the State is estimated at 1,500,000. Under the new exemption every head of a family is entitled to $2000 in land. Assuming that five persons constitute a family, we have 300,000 heads of families; and if each 'head' obtained the $2000 in land, the law appropriates land to the amount of $600,000,000. This is three times more than all the land in the State is estimated at. ”

“ In a case where the 50 acres were near a city, or where the family was of any quality and with members at all numerous, the articles exempted by the old law could hardly fail far to exceed $3000 in value. The new provision was but an equalization to all the people of the State of what was meant to be given by the old law, but was not really given. ”

“ The statute in force when the judgment was rendered declared that the following property belonging to a debtor who was the head of a family should be exempt from levy and sale (to wit) : 'Fifty acres of land and five additional ones for each of his children under the age of sixteen years, the land to include the dwelling-house, if the same and improvements do not exceed two hundred dollars; one farm horse or mule, one cow and calf, ten head of hogs, and fifty dollars' worth of provisions, and five dollars' worth additional for each child ”

“ They may also exempt from sale under execution the necessary implements of agriculture, the tools of a mechanic, and articles of necessity in household furniture. It is said, [6] 'regulations of this description have always been considered in every civilized community as properly belonging to the remedy to be exercised by every sovereignty according to its own views of policy and humanity."
This court, then, here admitted that though a contract was in existence the legislature might legislate upon it so as to diminish its value provided the legislation were indirect. ”

“ But we must confine ourselves to the constitutional aspect of the case. A few further remarks will be sufficient to dispose of it. It involves no question which has not been more than once fully considered by this court. ”