The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-02-12
The Supreme Court.
WASHINGTON, Feb. 9, ]

"
ed, a brilliant array of female youth and beauty
being attendant, to hear Mr.. Clay, as 1t was sup
posed by many that he would speak to-day
They were doomed to disappointment, tor at
the hour Of opening the court,
The Hon. REvERpy JOHNSON resumed mis- argument
commenced Yesterday. He said that Yesterday he
act and ths provso In that section and this morning
would proceed show by other provisions and sootions
States had full authority to decree sale Of tho bank
rupts estate and that that decree was and concu
rive In the frat place their honor would see BY the
rupt was to be given up by him that section did not
stop by saying 10 those general terms all property" it
property should vested ia the assignee who might be
appointed for him 10 bankruptcy All his property and
cies whether real, personal or mixed. The assignee
therefore, under this third section Of the bankrupt act
was clothed with an undoubted title In all the property
&c. the bankrupt sssets In his hands to pay all the
debts Of thu estate Not vested with the title to this
property to pay the debts due to mortsage or debt
married woman, minors; but to pay all the d-bts
Of the bankrupt Of every species and hind with this
shall have been proven. So, in the bankrupt court
This provision that the debts should be proved in the
bankrupt court was necessary for the protection Of the
perty given to the assignee pay oil bis debts proven
60 By the 4th section Of the aot and to FENDER this
Of property Of thu bsnkrupt IL is provided that
bankrupt sha surrender to tho assignee all the proper
~ and make full and complete return Of the same IN
debts This the bankrupt Is compelled to do upou
suggestion Of the fraud he will be turned out of court
without his discharge under the act Now any boz
dy doub. the title Of the assignee to the property and
rights property Of the bankrupt But the law goes
signse Of all property of the bankrupt 1t gives the
court authority to bring before it the bankrupt himself
and upon OATH make him declare that he has
cd all his property and ali his rights of property to the
assignee thus putting him upon his conscience to de-
GLARE that ne bankrupt In OF this sur
debtor The boon given Is discharge from all his
debts, no matter what kind of debt it may be-every
charged Every variety Of debt all his debts In cons
deraon Of his giving up all his property, are rendered
the title Of tSs to ali The property Of the bsuI
rupt? The 9th section provides the manner in which
tho debts Of the bankrupt are to be paid, and
to be proved. 1t allows preference, except
to debts due tho United States to Individuals who
may have been surees for the of debts
Now, under this section, what debts to be paid?
Only those debts which are proved In the manner and
proved before the bankrupt court the State
The 7th section provides that all the proceedings In
bankruptcy shall take place in tho BANKRUPT court,
should have the whole control and Jurisdiction Of
the subject By the eth section provided that all
and by tho 18th section, provided that all deeds
made the assignee and tho orders and decree Of SALE
under the sale The 10Th section provides for the dis
tribution every six months Of the assets In order to
bring the whole subject Of the bankruptcy to close in
two years from its commencement. Mr. j. then invited
particularly the attention Of the court to the 9th
and Sch sections of the sot He had already mentioned
authorised Congress to pass laws upon the subject
bankruptcy-the entire subject. The same constitu-
tion also gave power 70 establish uniform rules
words The power is to establish uniform rule of
which does not give them power to con-
troll the modes Of ding which State courts may
establish in conformity with that rule. But the power
in the Of bankruptcy Is that the law Of bankruptcy
has Cos.iy-in the preamble and in every provision
followed out this uniformity Yesterday, he had al
udsd to the necessity Of this uniformity and he asked
wat would the state Of the question be, were tbs
subject of construction and expoundiug Of this
left to the various decisions Of State courts!
Congress- in its desire to carry out that uniformity
required by the constitution would give to Its
ns IL The section general
gives the district Judge the Jurisdiction all matters
ana ana 40
creditor and assignee Of bankrupt and between the Gre
ditors debtors and assgnses-thsn dropping the speci
sizes and in relation to the bankruptcy, until the time Of
closing the whole estate Of the bankrupt and there
which may arise But In closing the bankrupt estate
has the court power to bring the persons
VINO my nave Tbp IN
fact that not mortgages in law There may be post
nuptal acts by the husband in favor Of the wife. or
tion Of bankruptcy which would defeat any
Element Of the estate and IL to be supposed that the
and absolute Jurisdiction over all mastsrs scs and
things necessary to bring the estate Of the bankrupt to
close has no power to examine into the legality and
not such jurisdiction Is absolutely to bring
the bankrupt close. The I'd section vests in
rights Of property and could not the assignee have
gone into the Circuit Court. and filed a bill for
the sale Of the mortssged property, aud had the sub
jsct settled as between him and the mortssgee!
This not disputed by any Of the opinions of the judges
Who have decided this Case below Now the 9Th section
olv thsC m ulafiv
thsr jurisdiction than the District Court but, In the
language Of the sth section, the Circuit Court in all
arising thsrefrom shall have jurisdiction
with the District Court He then referred to expare
s.me BOOK No sooner had the act Of August sa been
passed. thoussnts few to tho courts
for und.r Its provisions and to release them
selves ovsrbssling weight Of debt, which sub
sequent efforts could shake on and in order that they
might start on fresh and relieved in those pursuits
which their faculties and lots had consigned them In
the course of this number Of hankrupts incredible
amount of property came into the hands Of the U.
District Courts Then m We; 1aas some aouS TsIs
subject to the exclusion Of all State courts One judge
decided that he had this exclusive urisdicsn others
doubted and State courts decided that the district
adge had the jurisdiction he claimed In this state
Of affairs what was the duty of this court? case
then YOUR honcrs went on to say what was. in
fact, mere otiiur, yet highly necessary for the
Of the Ss.1n T Tbs wa; 80 high
character Of this court from It's character rs the su
prsme judicial tribunal Of the land and whose opinion
alone was sufncient weight to produce harmony and
peace upon the troubled state Of legal decision, de-
manded that this should 60 beyond the question
involved In the exact before It. aud aude to and
decide what not in fact before It The court Ia its
opinion that Christy decides that the District
Court has full complete and absolute Jurisdiction over
the whole subject relating bankruptcy Tbs learned
Judge who the instrument Of the court In declaring
the opinion Of the court though not now with us phys
DAILY s still In spirit among US, cheering the student
and aiding tho bench In their labors In visit to Eu-
rope some time since, he, Mr.. had heard some re:
now repeat In Q conversation with the late distin-
gushed Lord Chancellor Lyndhurst he declared that
Storys Commentaries upon Equity was hi, handbook
30 superior It to any book to BE- found In the Eng
lish libraries; and storys Conflict OF Laws work
which had never eqused by any work Ia Enslsnd
or ON the continent. This learned Judge story had
given this subject the close confederation of his able