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

away anu MS property be equally dis
tributed among all of his creditors that
bankrupts who make an honest sur
render of their effects shall be disehar-
ged from all prior debts that all ques-
tions relating to bankrupts, their estates
and creditors shall be adjusted and
administered in the same courts and by
thc same iorms and modes of proceeding.
These general purposes of bankruptcy
are certainly 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
tlon to make such laws operate equally
justly, effectually and beneficially 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 and equitable 'ens existing by law
IN the several States; aud us the nature,
force and effect of such leus are dcpen,
dent upon local laws they will, in some
respects, be different in, tie difTcren,
States
The English doctrine of the equitable
lien of vendor or purchaser of real
estate is organized in some of our States.
and not in others; aud where ir exists it
Is enforced i'll tie courts of bankruptcy
ba nkrupt court adjusts the rights Of
creditors, and administers the effect ofa
Bankrupt, subject to the charges: whcth
9 y.bJ way of lien or exemption, which
ARE created by the laws OF the States-.in
which such court is he'd or the property
to be disposed of is situated. Thisr rule
was adopted to make the bankrupt law
as.un'torhi as possible among the States
by recognizing local laws and thus pre-
serving the harmony and spirit Of com
muhity which should always exist be-
tween the federal aud State government.
- ms ruic does not violate bat cnrric,
iutu erect rnIt rovision of the const;
tuition whicn requires all national bank
rurt laws to be u form in their opera
II u among 'hc vcral States.
The principles ihvolyea in the serond
question certified by the Nogister are too
obvious; and too we'll settled by pumcr
Gus adjnd cations, to need any further
discussion Congress certainly has the
Picnary and paramount pnwcr, save the
restriction above considered, to ra<s
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
contra ted. Congress also has the power
in establishing uniform system o!
bankruptcy to do away with the effects
of liens created by the Judgment OF any
court If n Judgment can BE- DISCHARGE
by bankrupt law, there is no reason
why lien which is an incident to =
Judgment cannot also be discharged \
lien by judgement d,cs MT crsate aav
r1"tc" r'yht in the property subject to
such hen. which The constitution protect
from legislative encroachmont IL !,
neither right IN, nor to such property,
but simple u charge imposed thereon BY
statute. 1t is pnrt Of the remedy which
the local law gives creditor in the col
lection Of his 1ebts, and pprticul.r
remedy is not vested right. As a
general rule every State has complete
control over the renlc - Which It shall
afford to parties in its cou t. Horton Y
Mccall, GG n. c., 159; add y. Adams
ibid, lG4, Cooley Con. Lin, 355
3Gl.
The extent, force and effect Of lien
created by State statute must d.ncnl
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 Judgment lien is not
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 obliga,
ton If existing contracts.
The homestead laws of this State do
not abolish judgment liens, but merely
postpone the time Of their enforcement.
This modification of a legal remedy may
well be regarded as reasonable by court
Of justice which takes into consideration
the anomalous condition nf thin,,s nr i.