New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1867-02-02

exceeding that allowed by such State exemption laws in
Mr. DOOLITTIE Dem, Wis., hoped this would not be
stricken out. and expressed hmselfn favor OF the b
emption laws Of the states differed materially
empting 600 another $780, another $780, and the
rapt law the only one which Congress had right to pass
The Judiciary Committee were unanimously of this op
ion and he appealed TO the lawyers in the Senate whether
Mr.. DOLITTLE said the Homestead was sacred trust
fund held apart for the family and while IL might differ
in amount In the several States the rule was still the
Mi TRUMBULL replied to Mr. Doolitue by surprising
the state OF Wisconsin 10 pass law exemplng an the
property Of debtor and nquIing how the Bankrupt law
could be enforced IN that state in such an event with the
paragraph referred to.
10 fact that the exemptions in the paragraph were
only such allowed under the laws in force ia 1854
Mr.. TRUMBULL said that there merely HInita
tion In the amount The bill proposed TO exempt under
any future laws not exceeding the Exemption laws
Mr.. WADE Rep. Ohio said his own opinions were
rather in favor of Bankrupt law; but two years ago the
Ohio Legislature, by nearly unanimous vote instructed
him and his colleagues TO vote against the Bankrupt bill
He should therefore feel compelled to vote against the
Mr.. HENDRICKS Dem, Ind concurred in the views
expressed by Mr. Trimbuli on the pending amendment.
Bankrupt bill must be uniform in its operations and
could not be uniform with this provision In It,
To strike ont this provision would he virtually TO amend
exemption laws Of the States which Congress had no
power DO When the Constitution speaks of uniform
bankruptcy IL IL 10 be understood as meaning that the
laws Of Congress shall be uniform far ~ Congress Is
concerned; that is il shall not make law for
state and another law for another state. lie had
doubt about the constitutionality OF this clause and
rather Than stricken out he should vote against the
bill. .
Mr.. CGNNESs Q2cp, CALI was inclined TO the belief
that the question raised by Mr. Trumbull TO the uni
formity * the bill with this provision In II, not
strictly pertinent. He did not believe the uniformity
quircd by the Constitution related 10 the amount cN-
cmped under State laws. He should he Ia see the
clause stricken IL would materially affect his state,
where $1,000 exempted for Homestead He believed
that the local Legislature Of state was better able TO
iudge the amount to be exempted than Con
gTcSs could be. As the hill from the House, lac
would vote for IL. II this amendment were adopted, lac
shodld feel compelled 10 vote against II.
Mr.. GRIMES rep Iowa. asked whether II this bill be-
came law II would he possible for state Ia change It's
exemption law by increasing decreasing the amount;
also. whether II would be possible for State, coming into
the Union after the passage OF this law, Ia pass AN
emption law. -
Mr.. POLAND expressed the opinion that IL would not
he in the power Of the States 10 change their exemption
Mr.. JOHNSON dem, Md addressed the Senate brief
~ the general subject OF the Bankrupt laws, and cN-
pressed the opinion that the provision proposed To
be stricken out did not destroy the uniformity required
by the Constitution
After further discussion by Messrs. GRIMES. STEW
ART rep, New. RAMSEY Ucp., Mimi, MCDOUGAIL
Dem. CALI. DAVIS Dem. XVI, aud WILSON rep,
Mass, Mr. WILSON moved to amend 10y substituting for
And homestead and other property not exceeding in
value $4,000"
Mr. TEsSENDEN d2ep. Mel asserted the right of
Congress To pass bill with provision In IL similar Ia
that proposed Ia be stricken out without something
Of the kind he would not vote for the BILL
MIR. sNITnsOS's LEGACY-ApJOURNMENT.
Pending the consideration Of tho Bankrupt bill, Mr.
FESSENDEN asked aud obtained the unanimous consent
the Treasury to receive into the Treasury the rcsduay
legacy Of James SmithsOn upon the same terms as the
original bequcst; which passed.
The Bankrupt bill was Tesumtd without reaching
vote.
The Senate at p n went into Executive Session, and
soon after adjourned.