Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1842-03-12
POLITICS..
From tire GioJe.j
rIfr ~, &,.pI-DT, Afvf,

against debtors, tue begun
IN New York IN good earnest, and all that the Demo.
cracy urged against the is verifying itself with
expected rapdIty. The New York Sum- paper friend
~ 10 the law III the main, nevertheless frank and
pcit IN expressing its dscordant, lmpracucahle and
rninous operation Under date Of the 9TH instant il
writes thus:
admitting this law to be all right in principle, il is
nevertheless so loosely drawn inconsistent and in
congruous in It's provisions as 10 render it extremely
difficult 10 carry It into execution. And eyeu If il can
be executed Il opens up AT all events perfect wilder
OF litigation, the end Of which can,o be for
years, and The expense Of which will be ruinous.
| 1.-The District Court was thronged again yesterday
with crowd OF anxious suito:s, with their respective
counsel, some endcavorngto ascertain what they must
do, others what they could do, and all OF them utter
confusion the proper construction Of the The
Judge himself, although lie expressed his views with
clearness and precision, admitted the great difficulties
which surrounded the subject, and stated that he had
written to the Judges Of the Supreme Court for the
purpose of obtaining from them, il possible their views
upon various points, and having measures adopted to
render the administration Of the law uniform through
out the country
This il the state of things one court, and the
same difficulties will occur in the whole, We may con
cude that there at this time about fifty tribunals
flor that about the total number oil courts which have
jurisdiction in these cases,) all presenting scene OF
chaotic confusion, and all differing from each other
in their conclusions and opinions. The chance for
uniform system under these Earring dscords is about
/ u
pu, into hat and for each court drawn out By u
boy for their government respectively. The scheme
which Judge Belts has fallen upon 10 attain uniformity,
chat of writing TO the Judges OF the Supreme Court
for their opnions,) whilst 1t raises our commIseraion
for his distress lets down opinion of his undo
ine II Is not by letters that the Judges of the Su.
prcme Court be consulted the construction OF
the laws and the Constitution. 1t is not by answering
letters that they expound statutes and make law
We have arrived at that time yet. The ''rescrips
L,,1 #,I,a hal
and the supreme law Of the land. Under the Roman
cmperors these rescfipts law but then they
from the emperor himself, and were in answer to let
ter from PrTt0r in province, asking the decision OF
| the emperor upon stated. The emperor wrote
back and this answer was law, and was Disseminated
from the other laws OF the empire by being called
sryiptum l. e written back: anyttcs, rescrlp But not
so with u.s. Our Judges can only cxpound Laws from
the Judgment seat and 4 case existing and actually
depending before them
| The paper proceeds:
..The importance Of this may be the fact that
the rules Of practice adopted the Northern District
of our own State are entirely different from those adopt
ed here and if in the construction gwen TO the provi
sons in reference tn advertising, by the court IN tins
city bc correct then, every applicant IN the Northern
District will find all his proceedings null and void And
what Is worse than this some Of the States where
there are daily papers published the law cannot be
carried into effect al all.
sand notwi,hsta nding the precautions taken by the
here to render every as Silt Us
# the letter OF the law strictly adhered to- all the pro-
ceedinos that have hitherto taken place must fall to the
ground, and applicants must begin ne "or0 VIZ stated
Yesterday that the question was under discussion we
Their the commissioners in bankruptcy had any power
BY the act to take the oaihs 10 the petitions. The law
does not expressly give them this power, and unless
they can take BY implication their proceedings IN that
res pect Of course, all void
| This is hopeful prospect TO the bansrup's-ihe
prospect Of having all their proceedings nuied, and
,Ga bnyi al
rr.at Expense and trouble, and much loss Of Tune
The difficulty ~ The greater because the bankrupt tal
being special proceeding the creature OF statute law,
and IN derogation Of the common law, must be taken
strictly according to the letter, and can receive no ad
from constructions presaIrptons This Is the case
in ENGLAND and is still so here, where both the
State Jurisdictions and the common law are to be in
yuded if the bankrupt act carried beyond It's letter
! The paper goes on
awe know not and care net who had the honor Of
drawinp up this bill Of plumbers. BE he who he may
he ought 10 be taken from the Senate and sent TO
school All who have applied for The benefit OF 1t, as
well as those who lnterpose objections, are groP'ng
their way in the dark, uncertain whittier they are
going and mourning great expense and trouble per,
ha Us for nothing. If the members OF Congress could
be nresent in court and the difficulty OF carrying
their ill.shapen act into execution, they would be
ashamed of their productions and endeavor, oy sup
Elementary bill, to put it into more lntegble form
Until this is done, until the Supreme Court give
rups viii be exercise patience, and wait Tor pain
| TO be clearly marked out for them
/ We can tell the editors of the Sun, who drew this
bill |, was the ssgod-i,ks Danift that did II ANA
the original act, his work, mas been produced IN he
Ssnae both by his friends and foes: by the former TO
honor him; by the latter dsparage hum About this
there is no dispute So that If the author OF The bill
is To be taken from the public councils, and put to ur.
rays Grammar and B!alrs Lectures again, then WI!
the Cabnc, have lost their cioud comPe!ler, Tue re-
tho rche :
I o,d asbbnr,on his visit TO the United States the
assu,nn,ionis,s their hope, and the paper balloon
s great inaator. Be tins as 1t may: whether the
author of the bill is taken from his high seat ana
naced under The brchen rod again. or not the result IS
~, same 10 the bankrupt su!lors They are dished.
| v,hi,,, c,n be done until the law is made uniform.
Uniformity is an ingredient winch cannot De c'spensed
with That can only be attained By some hundred de-
;s;ons from the Supreme Court aud before these can
be gwen the law and its friends wul nave fece''eu
/ their quetuS from the Juos'Hehlo. '"e P-'P
i The paper proceeds:
/ sin reference Advertising we were gao 10 near tue
cnesIon raised yesterday whether aPpncants were "
b. nut 10 the enormous expense OF paying three oaiy
papers for advertising each ' the, cases one
Gays Il was supposed that the rule OF the court re.
rence Il, the first publication Of thirty days extended
also 10 the SECOND of seventy days; but Judge Belts
stated in reference 10 the latter that no otner hod YET
been made and the court would consider Inc subject,
u,,h view oil making The expense as little as was con
s,s,ent with the ends of Justice We hope therefore,
that better policy will prevail in tins respect one
nap.r is certainly sufficient for all purposes and esPe
eiay If that paper be the Sum- the circulation OF winch
is double yea, TRIPLE ha, of any three papers hereto
fore employed taken together
This at first blush, seems 10 be question among
prn.ets-u question Of advertisng-and how much IS
10 be made by it, But not SO the tact, II q1s ION
Of law, reaching the rights Of properly IN "n'ch Tue
law undertakes 10 dvest properly anu ah''"ate s
and there fore must be complied with to the letter, all
IS void TIA, IS done under it, departure ifsm the
law in one single particular will va'e the "ho4e OIL
the proceedings ,.,h
sTha ,,nInant IN The case Of Za.ega as to the con
.,;,u,Ional,ty Of the Inv closed Yesterday. The
strongly in favor Of sustaining the law lbs des'S.o.
unon ihe other points in the will be given To-Day
A., The remarks which fell from him yesterday, We
presume that other parties VIII not deem worth while
take his decision without. argument and carry nme