The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-02-13
The Supreme court OF the United States.
WASHINGTON. Feb. 10, 1S48,

IIm. Houston ef al, DeJenQunJS III FL TW, 20 "'e
CITY Bank of Ne,c Orleans Mr. Clay argued
this case to-day, before the Supreme ConTt OF
the United States, on behalf of the plaintiffs In
error
dressing this honorable court (which Is now, believe,
seven years, more) there have been many
changes political and otherwise, In the CONDITION OF the
affairs of this country but is source Of much grail
cation that amidst all the changes through which this
country has passed tins s font b spms Kind sna
respectful consideration towards all who are engaged In
transaction of the business brought before
and sir should be wanting in giving expression to the
feelings grateful heart II did not make to your Ho
nor who presdss It, to the Associate Justices Of
this court and to the Honorable the Attorney General
and the other members of the bar, my profound ao-
Acknowledgements and return my cordial thanks for the
facilities which have been afforded in the trial Of
this case 1t is matter consolng reection and hope
that interruption in tho OF business will OCCUR
in consequence Of taking up this CASE the trial OF which
had been for the extension Of your kind indulgence
Sir did not know-when in an unfortunate moment:
me hereof all the difficulties which stood in the way,
of the passage mountains through roads covered with
however gratifying It has been on account Of meeting
with nv at this bar and other cherish
ca sSas VINO nave aUd am not vet brcnS With
the labor which lies before me- am here, asking OF your
honor which should be young
man Just making his debut in court but trust an in
diligence of similar character will be extended to one
who not very youthful it Is true but who is In some
measure new beginner before this court. Sir my
learned friend who addressed you yesterday has COM
psned of delay in the transaction Of business on more
than Indeed, that topic occupied no in
co siderable part Of the speech the learned gentleman
hope that he will excuse me for that his treat
ment OF that topic has one merit which Is not 70
conformity of precept and example. Sir, have heard
too sometimes, though. not often, complaints else
where OF speedy administration of justice, but more
frequently heard of delay in its administration,
And if not mistaken in my recollection " what
try it will be found to be article of special and par
ouar complaint that tue delay of justice is equivalent
rapid if it be rightfully administered happened,
some years ago. in che performance of public service
to be abroad in England ana @ ntte1asd
minister Hall Sir, If in contemplating those great
assemblies, aud those learned tribunals, | hsd
and our own, Of what have witnessed when
country 1t not hst there less eloquence
less ability displayed either in Parliament, when great
and aomentous subj brought before that body
but that there was greater economy Of time The
would end when the subject was exhausted But, sir
when went into either apartment Of Westminster Hall
where attended as did once or twice the court sitting
Of the despatch Of businss entered the court room
remember, early one morning Their lordshps the
judges clothed with the gowns like your honors
but that the only analogy between honors and
them they also their flowing wigs falling upon
eyes no bewitching Smiles female forms; the whole
roem-and think please your honors 1t was not
sud officers of the Court and host of gentlemen of the
legal profession Upon the first seats the elder MEM
bar the sergeants mt law and upon the seats
behind the other members Of the bar, all clothed in
black gowns Well after the tipstaf had pronounced
the Introductory "God save the King, his lordship
makean yes please your lordship l have a case in
which wish to establish this pont"nsming the point
sS thu to
authorities 1t is of use said his ordship turn
ing to bis notes, 1.-THE proposition cannot be main
taned" and the same observation was echoed along
the line Of judges, and the case was dismissed in
less time than il takes me to describe the incident
- q. 49, roof ondu hOvu iv
a country rs England, with wealthy population such
az hers justice should be administered sxpedtously
court, by prohibiting Unnecessary argument and BY
avoiding prolonged and useless discussion Sir, knew
thren of the profession especially those from Philsde
phia Nothing be further from my purpose than to
detract from the merit of speech which Philadephis
lawyer can make l do not mean to say that those
speeches not always pertinent eloquent, and
full Of learning 1 only mean to say that they
duls. "G' in A BY tho very crowded auditory, the
expression of which was quickly suppressed 81 the
Officers Of court do not intend cir the slightest
disrespect. know many gentlemen among the bright
est ornaments Of profession who are Phiadephians
depbis LAWYER is no quarter horse !" ho is noble
his four mile heats and little urged
he repeat them Now the delay which arises in the
observ.nce of forms prescribed by law-sometimes
though believe 1t is to be attributed to the court
members Of the bar-and although have no personal
interest the question, should be glad since we have
u
adopted in another part of this capitol for the Limitation
of the long speeches seem to have taken
yers speeches shall now proceed to consider more
particularly however that which the subject Of the
to be allowed to state the case briefly but
little in iu than it has been stated heretofore by
my learned friend. MIR. Thomas Banks, citizen of
Louisiana, residing in New Orleans, and the owner Of
large piece of property there weknown to every one
who visits that city, called Banks Arcade, executed
and besides this mortgage, he executed as many
as three others upon different portions Of the property
man whose name do not recollsct; Thomas Banks
became bankrupt, and applied to a.. court in
the sot recently passed by Congress- Upon his petition.
which contend is drafted substantially according to
learned ths other sde that it ia necessary
notify that description of debtors the validity of whose
perty was attached to the petition and list of oil his
creditors given Now here was the institution
Of suit by Banks against ms o,sa,sor sa ins
well those not holding membranes Process was
issued according to law and inserted in
newspapers especially notice in this particular CASE
and the proceedings In bankruptcy made progress
the docket until he formally declared a bankrupt;
and assignee appointed who took possession and
administered the estate which surrendered to him
upon the schedule to which have referred The assignee
required by bankrupt law applied to the
order of sale Of the bankrupt property for authority
to take possession Of the specific piece of pro-
psrty and to dispose Of IL The parties were no
uHeu w hpP.ar. Gnu IL they cHope, 70 Sontent Tic
granting of this order, but no opposition made
1t said yesterday by the learned counsel on the
other side that in regard to the defendant in error the
City Bank, there was notice given Now, sir, !
have taken the trouble to look into the
how often the defendant WAS in reality notified
in the course OF the proceedings, ana have
found that Fix distinct occasions during the
progress the suit the bank notified Of the pro
ceediugs wigvs your honors reference the page.
of record which will establish this fact Tr CLAW here
named which contained the ma ter referred
to six times has the CITY Bank duriny the progress
the suit in bankruptcy been notified, sometimes by
double personally served upon the
defendants and once by advertisement In two Of the
newspapers Of the city Of New Orleans Now, sir,
during all these proceedings the City Bank fore
bore to appear, and to make any defence opposi.
ton to any one the steps taken during the progress
an obstinate If not suen silence II maintained what
it deemed no doubt mastery inactivity" At no time
did 1t offer any opposition Possession was taken OF the
property IL advertised to be sold and
sold And the time Of the sale there was the most