The south-western. [volume] (Shreveport, La.) 1852-1870, 1856-04-23
I.poar4nr LEGAL DEcrsron.-The U. s. dis

II case lQpUlNtilf5 INV Aett - .
i under the bankrupt law, is bar against tn
). recovery of debts due by the bankrupt 70 TN
6 limited States?
{ The United States held against one Zereg
three judgments, on bonds executed b,
e him to secure the payment Of duties on article
!, imported by him from foreign ports. Zereg'
!, applied for the benefit of the bankrupt act Q
s 1841, and received his discharge in 1879
s The United States made proof Of those debt
n before the assignment. Last yearthe secretary o
: the treasury directed executions to be issued
4 on all these judgments, and the bankrupt suec
. out an Injunction to restrain the marshal per
e petually from proceedings and discharge ii
! bankruptcy were a complete discharge of the
subsequent property of the debtor
The decision of the court was in favor of the
: bankrupt on all the points faised.
Tt was held that the United States, when
! suing in their own courts to enforce their de-
mands against individuals are subject to the
same rules of decision and the same limitation
ofremedies, as private parties, unless there are
exemptions and privileges created by positive
law; or prerogatives are clearly established, and
exceptional privileges clearly inferred. They
have advantages over individual creditors ia
the celebrity of collection and priority of pay
ment. These are derived from statute, and es-
tablish no prerogatives There are instances,
apparently exceptional, in which it has been
held that the government of the United States
is not bound by the rules of limitation, unless
expressly named in them; but the court holds
that these do not apply to the bankrupt law,
as the decisions have not been made in relation
/ to laws of the United States, but to State sta
tutes, and are made applicable only as rules of
decision in national courts, the cases arising
within the States.
In the case ofjudgments obtained by the IT,
States for duties on imports, the court ruled
that there was no inherent power Of the gov
eminent to constitute them originally debts,
and that the judgments are from the process of
law according to the forms of Legislation, and
derive their power from Legislation. They be-
come debts and are colectible merely BY force
OF law Debts to the government communicate
~ superior prlvilegetothose ofindiyidual cred-
tors. The legislative power which can create
par 70 extlnguish debt, or to prohibit the en-
forcing OF 1t between individuals, is certainly
competent to extinguish the same towards the
government in general act, in which the gov
eminent IS not excepted in terms The general
statute, therefore, which discharges ali debts.
as to all creditors, must be construed as includ
ing all debts to the government, if they be not +
reserved BY special clause distinctly. These
reservations are not made in the bankrupt ACT.
and the court proceeds to deduce from the his
tory OF the act, the facts preceding and accom-
panylng its passage, the proceedings in congress
and the debates, showing the construction Of {
IT'S trainers and the acceptation with which it ,
was passed and received, that it was DESIGNED :
% operate upon debts due to the United States t
exactly as upon debts due to individuals.
The bankrupt act declared the certificate and :
discharge Of a bankrupt, when duly granted, {
ito be, in all courts of justice, a full and COM
'iete discharge Of all debts, contracts and other
Of such bankrupt which are prov
lble under the act, and provided for a ratable a
distribution OF the bankrupt's property among
feolters, reserylng priority or preference to :
ne United States, and persons who have paid
he bankrupt's debts to the United States as his 2
urstes, out OF the assets held by his assignees;'
No. as these debts were proved BY the u. s. = =
istllce attorney there was presumption that a
ne government understood the discharge to be ii
J par OF any claims therefor. This was spe- e
la defence IN this particular case, and gener- r
defence IN all cases in which the United States d
ppeared, and laid claim to its dividends as d
reditor ca
But the decision of the court was based upon ::
le general ground that the United States have "
original right or privilege in the collection ii,
Its debts over individual creditors, by Judi de
al process, and that no privilege or exemption st
eng given them in the bankrupt act the dis h iu
larges under that act are valid against claims
I the United States of
1t is very important decision, and covers ca
1nciples of great interest to great many citi ele
ms, which will, we doubt not, be subject to fol
vision in the supreme court of the United
ates
-7---~-~1~c-~-e.~-~~@ -
PIERCE AND BUcHANAN.-There is likely to T To
hot contest at the approaching convention ele
CINCINNATI between the respective partizans
Franklin Pierce and Mr.. Buchanan for the en al
esldency. The Philadelphia Pennsylvania u !
S hoisted its flag for Mr.. Buchanan. A Curl rite
$ article appeared some days since recon- ma
ending Mr. Buchanan for the presidency, for blr
reason that he would be more acceptable an,
the democrats of the north, with their free {
! tendencies, than Mr.. Pierce The Wash the
5ton Union denounced this as calumnv not OF y
ly against the democracy but the fair fame of No
:. Buchanan. The Pennsylvania, in reply, val
otes three letters written by that gentle to |
N, to show that though Mr. Buchanan was arr.
end to the Missouri compromise, he is now mat
trough going Kansas-Nebraska man. The par
nnsylvanian further announces that it will THU
oport any nominee of the democratic conven- agg
2, with the exception of Franklin Pierce, and nos
Us. actl
'All the democratic presses in the land, with efe
ga OF ink to back them, would not be able men Ies
'cesstuly to vindicate Franklin Pierce from enie
ne OF his outrageous acts, not yet made pub Mic
= us
~1o~.ooo->1>,.,.-.
GROWTH OF THE UNITED STATEs--Tn 1850 Par'
population of the United States was 49, R Re
l167; for 1855 it is set down at 81 49, 664. cia
rease IN FIVE years ,127, 497 or 81 per cent from
the northeastern States, Maine, New Hamp- Rlc'
re, ermont, Massachusetts,, Connectcut, s ste,
ode Island, New York, New jersey and az
the increase for the FIVE years viii
ounted to Il per cent. In the southeastern twe'
ties, Delaware, Maryland, Virginia, North I Rl.s
rolina, Georgia and Florida, the increase was Am,
percent In the southwestern States, Ken entr
KY, Tennessee, Alabama, Mississippi, Louis exec