The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-01-18

kiacssusns when l cay that the country can never again
proc per until slavery be restored. eaSL-l
WASHINGTON, Jan. Is, 1858.
Oh. Williams Accepts the Mission to CouSdntinope-Ad-
m,rabe Working Of the Rule Esciadin0 Lobby Agents
FROM the Floor Of the HouSs--7he Commu1ee on Ways and
ksaNs Resolved on Retrenchmeat-7he HERALD tAe Terror
of Erl Doas-7he Case Of the Commercial Bank Of Nan
chester, Miss versus Herry S, Bucxmds, Of Ne'o Orleans
The Working Of the Bank7r.p Lac of 1s4l, dc, dc.
Col. Williams has not refused 10 accept the mission to
Oons,antinople. On the contrary, he is to be the Minister
al the Sublime Porte, and has gone home TO Tennessee to
arrange his private affairs for the purpose of going TO Tur-
key. Ex members of Congress, attaches Of the venal
press and other lobby agents, who are excluded from the
aoOr Of the House Of Representatives by the new rule, are
full OK wrath al being deprived Of what they deem .
81 vested right" Mr.. Speaker Orr is determined to en-
force the rule, by doing which he will save the country
millions OF dollars. The Impressions created at night over
suppers upon susceptible members OF Congress, are apt
10 vanish in the halls OF legislation, unless stimulated by
the presence and opportunities of their jovial companions.
AT the eod OF the session, or under the pressure OF hAsty
legislation, this rule will be found valuable. On such oc-
cssious lobby members on the floor accomplish q great
deal. IN drumming up their forces and in screwing up timid
members TO tho point should Mr.. Orr adhere TO his re-
solution throughout as ! have no doubt he will, especially
when the deficiency bill or any other convenient log roll
ing bill be up, he will deserve and receive the thanks Of
6e country.
The Committee Of Ways and Means are at work on ap-
preparations, and have determined to make retrenchments
in the expenditure Of the government. There is but little
not absolutely necessary. From all appearances, and
from the character or many OF the men composing this de.
the party in happy contrast with that Of the last republi.
can and corrupt House Of representatives. For this the
ax..ID must be c5eise !, to o a great extent s,s,,s., l sss constant SoTss;
arrests the wsvering, and flls the vicious with alarm.
Never, perhaps, was your fearless and independent paper
so much appreciated as at present. l know not what
your subscription list Is here, but l do know that with all
It's circulation through news agents, 4 Is often difficult to
purchase . copy an hour or two after the arrival Of the
one OF the most interesting cases that has ever been in
the supreme Court OF the United States, since the exist
eoce Of iha, high tribunal, is nov before it. And not only
is IL interesting in its features and details, but, in view Of
the question Of bankruptcy, which forms no inconsiderable
portion Of the Presidents message, and which applies
with go much force to the financial circumstances OF the
times, it is invested with an Importance Of peculiar mag
nitude.
The case ia the Commercial Bank Of Manchester of Mis-
sissippi r>rsus Henry S. Buckner Of New Orleans. The coun-
sci in the case are l.. Madison Day, of New Orleans for the
bank, and Senators Bayard and Benjamin for the de-
The case came up on appeal from the United States
menced this morning by Mr.. Day for the bank, who, in a
brief, but elegant and forcible exordium as to the history
OF the times which gave rise TO the Bankrupt law of 1841,
stated and argued the case with great force and ability.
II appears that the defendant, Buckner, obtained his
ols sss TSi,s a : ssnk Of SAL IA and and that Sa0 the T pi. ssnrs cS%e an in
IS one of the creditors, sad took q dividend, without q
knowledge of frauds which he now alleges to have disco
vered within the last two years. The first great point in
the case raised, is whether or not the certificate and dis
charge in bankruptcy could be vcaded for such acts IS
are made fraud by the Bankrupt act, such as preferences
and 30 forth In contemplation OF bankruptcy. The second
point is whether or not the equity side OF the Circuit Court
Of the United States in Louisiana bad jurisdiction Of the
cause, or, in other words, II the discharge could be
wooded in that Court. The third point is whether the
fraud discovered within two years would not take the case
out OF the statute OF limitations. And the next point Is,
whether the taking OF a dividend by the creditor, without
any knowledge Of the fraud on the part Of the bankrupt,
would bar or preclude the creditor from impeaching the
discharge for fraud discovered after taking the dividend.
The amount involved Is about . hundred and fty thou
sand dollars, but as a question affecting the commercial
interests of the country under the operation OF the Law
OF 1s41, the amount involved in this case Ii insignificant.
And, looking at the recommendation OF the President in
his message to Congress Of a new Bankrupt law, IT be-
comes highly important at this time that these points, in
relation 70 frauds, be settled by the Supreme Court, so
thai Congress-, in making another Bankrupt law, may be
better able TO make provisions 70 protect the creditor
against frauds Of a bankrupt
The further consideration OF this case is adjourned til
to morrow, when counsel for the defendant, MIR. Bayart
and Mr.. Benjamin, will be heard. The arguments in thu
case via probably be concluded on Friday or Monday
next.