The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-03-05
u. 3. District Court.
Before Judge Belts.

Before Judge Belts.
MARCH 4-The Court officially promulgated its
views relative to the various objections raised.
In respect to the jurisdiction OF the District
Courts, Judge Belts remarked that Congress has
full authority to designate any particular duty
which it is DESTROYS the United States Courts
should perform. In addition to the powers here
tofore given them, carrying out the provisions OF
the bankrupt law, has been conferred, and the
Courts are bound to do in their judicial capacity,
and not as mere commissioners, as has been sug-
gested.
In relation to the Bankrupt Law, many objections
have been raised. Almost every country has its
general law in relation to debtor and creditor. At
the time when power was conferred upon Congress
to pass bankrupt law, and render il uniform
throughout the United States, nearly the whole Of
the thirteen States had local law in relation
to the subject; but one would not recognize the
lidity Of the other, nor would the Supreme Court
acknowledge either. A general law was consider
ed necessary. and Congress was not limited, in any
manner or fsrm to the kind Of regulation it should
rules laid down by Elizabeth, George, or William,
to look abroad for presidents, but to pass some-
thing which would be uniform in its operation OBJ.
lection has been made to the power given for vol
untary bankruptcy, as well as the contrary. In
Russia the insolvent debtor is compelled to 20 into
the army. In France he 10 consigned to hard labor
and in England strong restrictions are imposed
The mode adopted by Congress was considered the
most in accordance with our form OF govemm ent
As to its interfering with the right of contract,
far these contracts are between the parties, it
does not alter them; but after certain Obligations
have been complied WITH it prohibits the Courts of
the United States, and also local Courts, from act
ing in relation to them; it thus absovcd the debtor
so far as to prevent coercion in regard to himself
or his future property, and also affords every pro-
lection possible to the creditor. The Court con.
sidered the law perfectly constitutional and such
as Congress had an undoubted right to pass.
As to the power Of the Commissioners under the
thought they had such. Judge Belts stated that he
had received a copy Of regulations adopted in some
of the other States, and alluded to the mode pursu
ed by each OF them. A bankrupt, he stated, be-
right to act under the seventh section of the law.
He decided that commissioners under the act, were
authorized 10 administer the oaths petitions of
Bankruptcy
The Court then stated that the objections having
been settled, il would proceed to act under the law,
upon all the petitions that had been brought before
it, and ~ much business had accumulated, gentle
mea had better that their respe Give cases were
properly placed in the hands Of the assignees.
The Court then proceeded to call the names of
petitioners where the advertisements had expired.
In six cases objections were offered and IS passed,
without such, on motion, to tho usual decree.
Isaac B. Raton was opposed by c. and L. Denison
l. Co. grecers. Fulton street, on the ground of his
not having placed the names Of all his creditors
his inventory; as having given an improper pre-
ference in assigning his household furniture, and IS
having fraudulently disposed Of, or concealed his
property. He was also opposed on nearly similar
grounds by Abraham Guest. The case Of Calvin
Angler ordered to lay over, was that Of ohm
Ely. Objections were also made to the petition Of
Allan w oddle. Edward Carringten was opposed
BY Hesshen and Unkart, principally on the ground
OF infornality.
RULEs OF RAxxRUPIcv, ADOPTED MARCH 4, 1880
Rule 76-In case Of the sickness Of the District
Judge, or his absence atthe time and place appoint
ed for showing cause, or for any hearing or pro-
ceeding in bankruptcy, Or il the matter then fails
to be called or acted on the same shall Be deemed
continued without other order) to the next sitting
of the Court thereafter, at which time the like
proceedings may be had thereupon, az if first ap-
pointed or noticed for said day. go
Rule ~ Dispositions and proceedings Of every
description in bankruptcy, required to be authen
ticated by oath or affirmation, may be attested in
open Court or before commissioner in bankruptcy
OF this Court, or before any disinterested STATE
Judge Of the State in which the deposition 10 taken
or before any commissioner appointed by the Cir
cult Court Of this Circuit take afdavits and e
be read or used in the Courts Of the United States
Seven additional Grand Jurors answered to their
names and were empannelled. A true bill was re-
turned against Frederick Salmon, for endeavorina
to create revolt ON board the ship Adirondack.
I'VE understand that the Grand Jury has throws
out the complaint against Paymaster Herring, who
was under bonds for Withholding public money, in
the sum Of S20.000.1
Enlargement.
90 The SUNDAY MERcusr Of tomorrow makes its
49,