The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-02-13

forcing obedience. The Parish Court took up the ques-
inquired whether the federal tribunal might not itself
exert authority to compel the compliance Of the
or with his order But they finally came to the concu
sion, that from comfy and respect to the federal
authority they ought intsrpose They ordered the
mandsmus to issue. An appeal taken by the officer
sdsrsd the question which the Parish Court had
considered They inquired whether the Federal Court
could Of Itself have e1erted the power necessary to
force obedience, and they to the harmonious
conclusion that 1t was the duty Of the court to afford
all the in to enforce obedience and they
accordingly affirmed the decision of the Parish Court
The then took place Now has this relation
to our title? Can 1t be so argued? Why sir, 1t part
very precssdngs that was for tho per
and obstacles making Tor US clear and perfect title
Now 1.-The last Of the pointswhich this learned
Offs that when the right which your honors cal
led upon to decide acquired by operation of
fhs me 90 ,.S ira TINS party the CITY Bank
conceive Of Does not this relate to title!
Does It not end to perfect it to secure 1t? Is It not
title derived under laws which s attempted to
be set aside But what has been the of your de-
csions? This is really question that in progress Of
desire to dwell upon It little Longer The learned coun
sci says you only to look at the question of your title
Well may we not look at other titles Suppose the
other party had some title? Suppose, after examining
titles this Is good title aud unless there
some better title, It must prevail But according tothe
argument of tho learned counsel, having looked ut
this you can look at no other You are thus TO
strained from giving judgment upon titles xrlsing
t under t,. the laws Of the United states suppss
and in conformity with the laws of the United
States has the other party right to put forward
purpose of destruction loot at title arising under the
laws Of the United states you not 1t liberty also
look at enc which tsndsto sustain and uphold? take
come to the conoiusiont shch have brought my mind
that although this cou have said cannot, in the
case of Lane Mstthew look at any title which in
wolves the interference Of the Court yet they will look
at the title Of the adverse party compare and contrast
eide according to all the proofs and crcumstap-
thus presented. | have BEEN unnecessarily per-
haps discussing this point, but am happy to be able
to call the attention OF your Honors to the OPT
MON delivered by his Honor Judge Catron, In the
case of Choteau, which is to be found in I'd How
ard, 372 INF Clay also referred to various other
authorities to sustain this position think then thst
unless am entirely deceived have succeeded in show
ing that the three points to which have called your
attention. have a in the language Of the restrictive
clause of the act of 1882 an respect to the
question of the validity of title which brought for
that the proceedings in the had been conducted in
entire conformity to tho laws OF the State OF Louisana
rspors.d being one where Ms .rasurs took place
due notice. whereas the cases to which he had
ferred those in which the took place with
out notice to the opposite party HE continued to for
tfy his position by numerous rguments which
tended to very great length report Of which will be
prepared tomorrow and concluded by advertiug the
general operation OF the bankrupt law, and of its
effects upon the people of New Orleans in particular
was told, said he when was last there that scarcely
man of those who, six years ago. doing
the most extensive business in that city to be
found in the same position They had all become bank
rups and nearly all tho property of the State Of Louis
lana had changed bands in consequences of this law.
And will venture to say, he added, that If tornado
to sweep over the fair fields of that State if the
majestc Mississippi to overflow its banks and in
undste the country, the sweeping destruction that
would from the the other of these calami
ties would not exceed In its results the disastrous effects
of this law carried out under the decisions Of the
courts there OF all the of man. In his social
condition, scarcely is important q settled,
firm and upright administration Of justice. If it
should be the lot Of the people of this
try to lose their hope and confidence in every
other department of the government and your
honors stand up like honorable men to the per-
Torrance Of tho duty which rests upon this august
tribunal still while property is and justice Is ad
minisered with impartialtys great measure Of pros
perity and happiness will continue to be enjoyed by this
people. No government however nominally free It may
be- In which justice s corrupty and partially admins
tor ed, can be government for . nsppy people. And
allow me to say that NO government however dsspotic
and absolute and tyrauDical 1t may be- be govern
ment in which there is not great measure Of blessing
and happiness and prosperity enjoyed, the rights Of
persons and OF property maintained and
justice is duly and mpsrtialy Administered and there
confidence reposed by the community in the tribunals
Of the country.