New-York daily tribune., 1856-03-31

The ease was ably summed up BY Mr. Reynolds for the
kpse and Mr. Kschum, senr fo the plaintiff Jndse Dsye
sealed verdict Monday at O'clock till which time the coar
wss adjourned
UNITED STATES DISTRICT COURT-MAscH 2e-Befor,
Jndge %rTs.
A DISCHARGE UNDER UNITED STATES BANKRUPT
Law BARS DEBTS TO THE GOVERNMENT EQUALLY
WITH PRIVATE DEBTS.
The United States sgt Augustus Zorelga
On the 4th Of July, 1910, the 4th of August, 1870
tbe I'd Of September 1890 7h Of October sO gth Of Novem
se 1870 Ist Of December 1870 Of January 1871 va
@ coul s1of Of the Tut.d ss :ssS. e
defendant bonds executed by him to the payment
into his port Executions Of ari aeias had by
NE plaintiff the several judgments and returned by the
On the Sd day Of August lS the defendant duly de-
puiSsnt to the provisions the Bankrupt sct
On the d Of June 1872 the plaintiff through the United
States Attorney Of this District filed proof Of debt In their be-
half, consisting Of the above twenty hTee judgments
1SeSs to be issued on these Judgments and to be dev
the MsrshaI Of this District who proceeded to make
ghereupon the defendant served notice upon the DsctA
1rney be made this Court for order 10 set
these executions and proceedings or for perpetual stay
thereof
The discussion OF principles embraced In the application, and
Of authorities quoted by the respective parties on the sreu
conveniently tven 10 whiting The present decision Will ac
edpsy set forth no more than me general CONCLUSIONS M 70
j. The Court can regularly and properly take cogssnce Of
mis- subject natter motion and grant relief II sufficient
made for IT, In States OF he Union the proceed
Ing by asdifa s9eys obsolete aud there is ground least
& doubt whether aHdita queya, being action with the
poperes and effect Of regular suit be maintained against
the United States the principles which govern that peculiar
remedy 1t being designed afford coercive judgment in
damages by injunction ssanst the party sued thereby
s demands against individuals by Of the func
tons Of Courts Of Justice are subject to the same re' OF de-
provided themselves exemptions privileges BY posi-
exception in their behalf The advantage they possess
Individual creditors In ceeny OF poeesses or priority Of
against their debtors for the recovery debts
aoes rest In preogaye but derived from statutory enact
Dens alone.
UD ed Courts that the Government bound by stat
ttes Of limitation unless expressly named In them establish
operation Of bankrupt nsovent ays the decisions not hsv
sse @ eeSs 4sss % become eV ony s of decision
the National Courts
The judgments and executions sought to be nforced
United States Of duteE which had
sfued portaons Of merchandise in this port and remained
unsshed TO The Government There is no inherent power in
the Government without legislation 20 constitute these
Of seon debts compel the payment Of dues They be-
force Of Natural would indicate that the egs
stive power also bar OF extosnsh The deb or
Government IN the act debt simply such 70 the Govern
ship unicates privilege superior what individual
creditors IL cannot arrest and mprson it's debtors IN
and there parity Of legal for holding that the
Government cannot without special reservation by statute,
has BY law made void imperative by general enactment
But the American and even those In England which
implied negative In the Sovereign be barred by
sovent laws statutes Of when named therein
soncede thai the intention Of the Legislature that such laws
shall also embrace the Government, may be implied and
Be eened and determined by the ordinary rues for the con-
sructon Of statutes.
The presumption provision Of the Bankrupt Act Of
August 49, Sl and from facts preceding and concomsn to m
10Th Houses and the sc Of the Government after went into
operation exceedingly ecble that the intention Of the
United States aud individuals.
The amour. Of indebtedness pressing the
hvenred IN the sankuPt Cosr aud the act a
The United States in its h,ca dealings wa, brought to
tnow the general and embarrassment throu Ehou the
During he years iss 1855 isIo and to GSsS. ls4. the
Government had instituted In this District 2C actions upon
In the SANE period judgment. bad been rendered in their r.
for duties unpaid tie maturity Of the Bonds 70 the
The Bankrupt Act declared the cer6cas and discharge Of
Me bankrupt when dnly granted shall 10 al Courts Of BE-
shsr ,nsssemens Of such bankrupt which are povabe andsF
tie .et snd provided for rsae distribution Of the bank
sase % he United states and who have p.d he bsni
debts 70 the United States bis suees Of the assets
TO- IN the pror BGRkrup, Act approved April 200 was
szyesy enacted that provisions should hot lessen nor r
pair night To- security for money due tbs United
That clause omitted the resnsement Of the body Of
H. The oebts eOmPoSns the Jedsmsnt II question were
yrss under the bankruptcy Of the defendant The term
not 70 the meusof verifying u
rhe.e debt, proved BY he United State. Attorney Of
ths District and his authority do will - implied ~ dos
scs result legally from his oela relation The subject ser)
Il s a.: PsrOd o. time siteI hs act eoos TAi. s,ronsy
81 ds.eh.Ise ". 70 s public debts alike wh prvs'e
son ths notion the plaintiffs are ny indignant barred sod
eenended nom proceeding against he defendant apon The
It's therefore ordered al further prooeednss thereon
stayed and that the Mar.A.i deliver up saa restore % the
.sSn or sssd S5 ssns q -. execution. Or .Hy x ben. s'a