The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-02-02

In the Court OF Claims to-day in the Of Cannoa
ct al the United states argument demurrer
commenced Afterwards the adjourned 70 Monday
THIRTY-NIHTH CONGRESS-
:. ~~~>~~~<->>~~>>S>>~~~~>~~>-
Second Session.
SENATE
wAsmsaros, Feb. I, 1867.
SURROGATE FOR rHl DISTRICT or cotUxuA
Mr. POLAND. rep, Of W., Introduced bill for the
appointment Of Surrogate OF the District Of Columbia
which wss referred 70 the Judiciary Committed
DUTIES or rHs CLERK HOUSE o. REPRESENTATIVES,
On motion Of Mr. TxuxBuLI, rep, Of H., The bill TO
regulate the duties Of Clerk Of the House Of Representa-
tives was taken up.
Mr. DAVIS, (dsm.) q KY. spoke ~ seoe length
against the bll charactsrxing IL As party measure,
having none but party purposes In view.
Mr. rxunsuu said 10 was . bill that came from the
House where had received the sanction all parties
Tho origin Of The law said the noonvensncs Of
organizing the Hsuss without some special desgnatic
of this kind II only differed nom the existing law in
menbsr. from States epressused in ths .pruviOus
1lsss fursesr dss..s By Mr. Davis the blu ws
The issntlves wers Bucks,sw. Davis Hendrieks
Nssniss, fstsssson and aanlseury 2. ftN
s.
. :solisA .nd proniS pson.ss in sas territory
Mr. POLAND had no objection 70 taking up this bill IL
would lead 70 no debate but no wished to get the Bank
rupt bill passed as soon as possible and he believed II
properly before the Senate, having been made the
The CHAin said tho Bankrupt bin was not before the
Senate. The timo for which 1t made the special
order was passed. and had been superseded by other
bills
Mr. FEsxsDxs, rep of Me-, hoped the Bankrupt bill
would be taken n nd If
Mr. CHANDLER trepl Of Mich, hoped the Niagara Ship
Canal bAl would be taken up II would lead to do
Mr. LANE, (rep.) OF Ind said be was opposed to both
bills but he preferred taking the Bankrupt bill first
Mr.. WILSON withdrew his motion and the Bankrupt
bill was taken up.
ruy BANKRUPT mLL.
The question upon the amendment OF the Senate
Judiciary Committee 10 strike out from the list Of excep
tons the operations Of the bill tho following words
And such other property not included In the foregoing
cution by the laws Of the State which the bankrupt
has his domce at the time Of the OF the
proceedings bankruptcy. to amount exceeding
1884
Mr. DooLrrLE, trep) OF Wis, hoped this would not be
stricken out and expressed himself in favor Of the bill
Mr. TRuMBuIL commended that as the exemption laws
Of the States differed materially, cxempting 81, co.,
another $780, another $780, and on. the bill with this
paragraph in II would not be general Bankrupt law.
the only which Congress has right 70 pass. The
Judiciary Committee were unanimously Of this opinion,
aud he appealed TO the lawyers in the senate whether
Mr. DooLrrIx said the homestead was sacred trust
fund, held apart for the family and while might differ
In amount In the different States the rule still the
Mr. TRuxBuLr replied to Mr. Doollttie by supposing
the State Of Wisconsin pass Law cxemptng all no
property Of debtor and nqurlng how tho Bankrupt
law could be enforced IN that State in such an event.
with the paragraph referred TO-
Mr. POLAND called Mr. Trumbulis attention 70 the fact
that the exemptions the paragraph such only
were allowed under the laws in force in 1854
Mr. TRuMBuLL said that merely limitation or the
amount The bill proposed 70 exempt under any future
M WADE said his own opinions were rather 10 favor
Of bankrupt law hut two years ago the Ohio lcgsa.
tore, BY nearly unanimous vote instructed him and
his colleague to vote against the Bankrupt bill He
should therefore feel compelled TO vote against the BILL
Mr.. HEypsIcxs lden- o. Ind concurrsd in the views
exprsesed by Mr. ruibul in the pending amendment.
bankrupt bill mus b uniform in It's operations and
could not BE- uniform while this provision was in IT,
mSn S the q
amend the exemption laws Of the State which Congress-
had power y do when tho constitution speaks Of
uniform bankruptcy Il h TO be understood meaning
that the laws Of Congress- that subject shall be uni
form far rs Congress IL concerned that that IL
another State he had no doubs about ths coastilu-
onay OF this clause and rather than 500 il stricken
| out be should vote against the bill
Mr. CoNxxs rep) Of CAL, inclined to the belief
thai the question raised BY Mr. Trumbul a. 70 the uni
formty Of tho bill with this provision IN IL was not
spasd under state laws He should b sorry 20 sss che
SIC: : :ss's ss Ss = ssas g. :
He believed that the local legislation o. . Sts&s
better able 70 judge Of the proper amount TO BE-
emped than Congress could b. Al the bill came from
the House he would vote for it. II this amendment
adopted he should feel compelled vote against t.
Mr. GnxEs rep) Of Iowa. asked whether. u this bill
became law would be possible for STATE TO change
Its exemption law by increasing decreasing the amount
Also whether would Be possible, for state coming
into the Union after the psssge Of this law, 20 pass an
exemption Law.
Mr. POLAND expressed the opinion shst would not DO
Ia tho power OF the States 70 change their exemption
| M. JOHNSON, dem Of Md, addressed the Senate
briefly the general subject Of the bankrupt laws and
expressed the opinion thas the provision proposed
70 Be stricken out did not destroy The uniformity re-
quired the constitution Aer further discussion BY
Measrs Grimes, Stewart. Ramsay hcDougaii Davis and
Wilson,
| Mr. Wnsos moved to amend by substituting for the
words proposed TO be stricken out the following and
homestead and other property not exceeding 70 value
50 00N"
Mr. FrsxSp asserted the right OF Congress TO pass
ball with provision in IL similar 10 that now proposed
to be stricken out without something Of the kind hs
would not vote for the ball.
Pending the consideration OF the Bankrupt bill
Mr. FRssxSuxs asked And obtained the unanimous con-
call up the bill OF the House authorizing the
Secretary OF the Treasury 70 receive into tho Treasury
the residuary legacy OF james Smthson upon the same
terms the original bequest, which was passed
The Bankrupt bill was resumed without reaching
vote
xxEcUrIvE
The Senate II four O'Clock went iuto executive ses-
sion, and soon after adjourned