Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1842-03-09
From he Washington Globe.
T'EE BsNkRtlpp ACT.

This famous act has just commenced IFS
operation. and already tie progress OF 1, IS
such as to give the Creates, alarm 10 the
fnieuds Of the rights an! soVcreisnlies Of
The States BY extending its operations
10 every person, whether trnderor ndi, and
making i, retrospective ic lis effects, tho
| States arc all invaded aud rode over. rough
shod, in the most tender point Of their SOW
erciguIy. that nf The relation Of debtor aud
creditor between their own citizens, and
under their own laws. case has just
occurred AT Pittsburgh, Pennsylvania.
| nives Il furcrasie ol wha, is 10 happen un :
der this limc lan if not promptly repealed. :.
by Congress. o. declared unconstitutional!
ani void by the courts. The case is thus
stated in the Pittsburgh Cronic!c:
IMPORTANT DECISION.
The United States,
upon relation of II sto,cs Dis
Jua. Ra.nalcy, ,r;r, cour,. Hr-
J. w. Dob5ias, Con-
stable.
By The return TO the Iiabcas Corpus it
npuears, that the R-!ator is iu arrest on an
execution issued bY an Alderman oi tho
CITY OF Pittsburgh. in favor o! Smith and
Warner. And il also appears by the Pctl-
lion of The said Rclaor. and by the records
orl!is Court, that the said Rclaioi. PRO.
TO hi, bein. arrested, filed hi. petition n duo
form in The ,aid Court, on The lOth day OF
February, 1912. for the benefit OF al act
ui Congress, euii,led an act tor establish
ing 4 uniinrm system Of bankruptcy through
out The United States, passed The isth day
of August, 1911, and that the SAID Coais.
by an order. appointed the l2lh day OF
March: 1872, 10 hear the said petitioner
and hi, creditors, the said Smith aud Var
ner being includes! amuus Them. which or
der il has been made TO appear was pao-
li>hed as required. The Relaior has thus.
according 10 law. been brought w'iiiiii ,he
jurisdiction of this Courl, aud, uPto this
time. and complied with lis order.
Id. - ,bs: 9:as Ss IS ssasgiscs ss Tn. lse
and 10 render his judgment, whereby
Ramalcv. the bankrupt, i, discharged from
hi, arres,-,hc Marshal OF the onned
States i, ordered 10 take him out of cnsio-
DIV of tho State constable and Warner
aud Smith ;,hc plaintiffs against Rama.
lc> are ordered tn pay all The costs OF inc
proceedings. Thus The Slnle Jurisdiction
i, invaded-lts State laws nullihed--ard
HE sn,al!sct Lcaliugs between Two citizens
or The same Stale. brought before tho
Federal court and the citizen not only
deprived of his remedy nnlcr the laws OF
The STATE. but punished with costs. aud
mcnacrd with the consequences ol con-
tempt. Listen ,n the following.
- This Court. by its order. has required
the bankrupt 10 appear here. At ceria'n
day; 4 creditor in,crirres aud arreHls HIM.
nud thus, in effect, renders the oricr ahor-
tive: ;hc bankrupt complainsto TO The court.
! ans! the court mus, either deny the right.
secured to him hy the act of Congress. and
submit To the contempt ofi's authority, or
discharge him from the arrest"
The Judge ,hen goes on Ia lay down
principles which have only 10 be carried
ont To their full practical effect to h:ins The
PERSONS and The PROPERTY OF eve
ry INDIVIDUAL in The States under the
jurisdiction OF he Federal court Read
| what he SAYS:
"By the English statutes of bankruptcy.
the bankrupt is free from: arrest or lmpr's-
oumcn, by any creditor during The t'mc
allowed for examination. provided ne was
not in custody at the time of The SURRENDER.
and if arrested, is entitled to be discliar-
reJ: aud the surrender, it voluntarily, pro-
Iec,s him from all arrests I'LL his final ex.
animation is passed. Our statute OF bank
run,cy docs no, expressly confer this priv
ileec on the bankrupt, but it was not ne
cessary 70 bc 30 conferred. The person
aud property Of the bankrupt arc by law
brought wirhin The jurisdiction. to cause
orders aud DEGREES to be respected and
obev.J. and TO protect its sui'ors from
arrcsr. Aud this power is enforced by the
9Th section ofihc Bankrupt act. when De.
clares that the said courts shall have iuli
authority and jurisdiction TO compel obe-
Jience 10 all orders aud decrecs passed oy
them in bankruptcy by processoi contempt
and other remedial process
"Itis therefore ordered, that the said he-
la,or he discharged from his said arrest.
and tho said Smith and Warner pay lne
costs of this proceeding.
"Th, marshal is charged with tiia exc
cu,ion of this order as far as relates 70 ,ns
paymcnt Of costs" al u.
The person aud the property, says inS
JUDGE. Of every bankrupt is brousht with IN
in the Jurisdiction. &c. Now, by thus asi
ryerv Individual ofiho community liay
wbcn bo pleases, cousiituic himself
hankruut. and thus Withdraw himself ffoH
the State laws, and put himself uisae ,lis
, ;urisdictinn and prolccsio15pf slie fsaera
cour,s. &c. ffIhis Is submitted to, iIlcst
& & 81 end Of ,hesoysrcie sbe states