The Orangeburg news. [volume] (Orangeburg, S.C.) 1867-1875, 1873-06-28
ATURDAY MORNING. JUNE %. 1878 g.

szss,si. 5 ~ IA LIZ .RlI)l
one creditor over another shall be taken
away and his property be equally dis.
tributed among all of his creditors that
bankrupts who make an honest SUR
render of their effects shall be dischar-
god from all prior debts that all ques-
tions relatingto bankrupts, their estates
and creditors shall be adjosted and
administered in the same courts and by
the same forms ndmodes of proceeding.
Ihese general purposes of bankruptcy
are -certaiuly provided for in the present
Bankrupt Act, and are everywhere
administered with uniformity in the
federal courts and this is the extent of
the uniformity required by the coustitu-
,tion to mas such laws operate equally,
justly, effectually and bcnefcially- in
every part of the nation.
The Bankrupt Act in some minor
particular must necessarily operate
differently in the different, States. Thus,
the bankrupt law regards as. valid the
legal aud equitable lens existing by law
IN. the several States; and as the nature,
force and effect of such liens are depen,
dent upon local laws they will, in some
respects, be different in the different
States.
The English doct rine Of the eqnitablc
lien : of u vendor or purchaser Of real
estate is organized in some of our States,
and not in otba;s; ond where il exists it
is enforced iustl.e courts of baukrup;cy
a ba nkgppt court adjusts the rights of
creditors, snd administers the effect of a
bankrupt, subject TO the charges: wheth
g bJ Way Of lien or exemption, which
are created by the lawsof the Stat4s-,in
which suchlcourt is he'd or the property
TO be disposed OF is situated. Thisrule
was adopted 10 make the bankrupt law
as .un'torm as possible amnng the States.
by recognizing local laws and thus pre-.
serving the liaruoisy and spirit of com
muiiity which should always exist be-
tween the FEDERAL aud State goyernment.
= This rule does not violate but carries.
tHat revision of the consti
tuition which requires all national bank
rnrt laws to be uniform in their opcra.
I. namong The vdral States.
.-s Thcsprinaiples9inv0lyea in thc second
question certified by the Register arc too
obivlous' and too well settled by pumer
Gus adjpd cations, to need my father
discussion Congress certainly has the
plenary and paramount power, save the
restriction above considered, to PASS
bankrupt laws which will not only i'm.
pair the obligation of contracts, but
entirely discharge the debtor from such
obligation; no matter when or where
contracted. Congress also has the power
10 establishing a uniform system OF
bankruptcy to do away with the effects
of liens created by the Judgment ofany
court. Ifaj Judgment can be discharge
by bankrupt law, there is no reason
why lien which is an incident to a
Judgment cannot also be DISCHARGED A
lien 10y judgement does MT croate aav
e1"ted riyht in the property subject to
such lien. which the constitution protect
from Legislative encroachment. IL is
neither right in, nor to such property,
but simple charge imposed thereon by
statute. 1t is part of the remedy which
the local law gives creditor in the col.
lection Of his debts, and particular
remedy is not a vested right. Asa
general rule every State has complete
control over the remedies Which it shall
afford to parties in its court. , Horton Y
Mccall, 6G N. c., 159; Ladl e. Adams
ibid, lG4, Cooley Con Lin, 35S,
3G1.
The extent, force and effect Of lien
created BY a State statute must depend
upon the Interpretation given such sta
tute by the highest court of the State.
We have seen in the cases above cited,
that in this State i judgment lieu is not
a vested right. AS Il remedy it may be
modified by the legislature, and any
change that does not virtually destroy
the remedy does not impair the oblga
tion of existing contracts.
The homestead laws of this State do
not abolish Judgment liens, but merely
postpone the time Of their enfnrcnmnn,