The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1874-05-21

OF Wm L. Eaily ESQ., of Charlottesville, Oh
behalf of the Blnkrlpt:
lst CONGRESS has a clear and unquestionable
right to pass Uniform laws on tlle subject of
Bankruptcies throughout the United States.
2n.I. This power. in article 1st section s,
clause 4, of the Constitution. gives Congress
the right to impair the obligation of contracts,
whether entered into, before or after the date
of the passage of the law.
3rd. Congress, therefore, has the right Gf it
choose to exercise itl to pass any act on the
subject of Bankruptcies, the only restriction on
their power being, that the law must be ant-
FORM.
4th. That the act of March Sd, 1878, is in
every respect as uniform as the act Of March
2nd. 1887, which latter Judge Bond, in his OPT
ion in the cAse OF George w. billiard and 9th
ers. reco ynized as uniform, aud that the only
difference a, regards uniformity between the
two acts OF 67 and 70 is That the former adopts
the State exemptions OF 1871.
9TH. That there is in Bankruptcy no distinc
ton, as to the power Of Congress to relieve by
a general Bankrupt law, between judgments
or DEGREES of courts, and bonds or simple con-
tract debts. That the power of Congress ls3s
clear in the one class of cases as in the other
6th That every one is presumed to know
the Constitution Of the United States which is
1.-THE supreme law of the land, :" as well as all
other laws under which he lives. That the
Constitution which became ssthe supreme law
of the land' in 1888 contained provision, clear
ly authorizing Congress to pass q ret,o-actsee
as well as prospective law on 'sthe subject OF
Bankruptcies the only restriction ION the
power OF Congress being that the law must be
uniform, as the act Of 1873 is. That the Con-
gress is only restricted nrespect OF uniformity,
and that judgments therefore may be provided
and relieved against as we'll as any other ante
rior debt to the filing of the petition.
| 18th. That Judge. Bond is wholly mistaken
| w, +I,o ooto n Nh iS
dec1arato1y in any essential particular. On
the contrary, it is expressly and plainly enact
atory, the meaning Of the act of June 8, ~,
| being first declared by the act OF March 3, 10,
and then these very pertinent words added,
''Be it hereby enacted" that such should and
shall be the amount, &c. Language cannot
make the law palmer than this, OF more clearly
show. that it is and was intended as an enacta-
tory law.
| Sth Judge Bonds idea in billiards. case,
that the act of March g., '73, was only prospec-
tue in its operation, might do, if Congress had
not said in the act itself precisely the contrary.
The language of the act is, ssThat such eNemp-
lions be valid against debts contracted before
the adoption and passage of such State Consti-
tuition and laws, as we'll as those contracted af
ter the same and AGAINST liens by Judgment or
| decree of any State. &C. Instead of reasoning
to find out whether the law was intended to be
merely prospective Or not, Judge Bond had bet
ter have read the law-the meaning expressly
| declared to be precisely the contrary to his
strange and unaccountable inference.
8. The case Of Gunnus Barry, 18th Wallace,
relied upon by Judge Bond and the only one
addueed by him in support of his opinion, was
made upon case wholly and widely different
ilo any Iees.,o., ee
IF IF Rankmntcss !, Tn tha case Of Gnon rs.
Barry. the Supreme Court of the United States
reviewed the acton OF the supreme court Oh
eorSia; sustaining Ie po"ea - 'i.e
!ure u =: e,''sI w - draa
che " 40 ~
vloatloh OF Arllcle ms.3 secssot ~ o.ee ~ -
t.le lli:.. ploss1ol Rs
nlpiIs Ille ocates lessiiis '.'y ~ W a
ruptcieS So Us 10 llip'll eile ~ A.
TRACTS pu1 ~ .e ss.,ie el.ais' =, s,ie mt -
ecie, W IN - pa,,,ntces
10 So III tlie way ol (, y s.sii u tl,ono
a. h.s ooir saho" :, - oa,,oa,ad
Iore shat 50 l'i Is - 10. ~
ne "ioe a4!ss " H,a.',,laa,o nt Iy
ea' li,eftll,es a'lu I3io y, +lat 80
poliel nos is1y ~ Slg,1 a h;s on;a
ts ~ Which
q.es'.ol " y: a,.:. ~ NJ
o.s'i9o ~, ~ oled at of
Ille Ootift III Uu'll %. Dall $1,000 ~ ~
tle way W a'louloe Via es,o $500 nf
do " ee po,S5 49, 800 ~ authority
laws were 81 no pllS5s ivlsg ~ -
Wnatever taat Juse bona l'd 'il 75 ut ry
llei upoli ouelio ~ rs,
anu orC Mio 70 sy ~ ~
~ ,.o.a u ~
" 'ao 4n1 o1t
oeyohu Tic pfoo'ohi'S VI d i"'ioi'af uo''"''
Chief Justice Wate's appearance on the
bench is striking and impressive vet oae who
l-,a1v b;s ,lustr;ous ,ralec assar. instinctiyelv
sue" HIS INDUSTRIOUS eRls'i'es7a1ol
bic at first to the present incumbent. No one,
think wore the robes OF his hi I'll office with
more qt'et OF more imposing diShily IMAM Ml'
at ~ ,,'ost ~ : 'aoraa Of
sfraint. He was ALWAYS. and during the rebel
lion, terribly in earnest. Even Mr.. Lincoln was
not ofGen famliar with nun - us lace wa Wss
neiy la Ieu ~ ~ 80 a,d e
ery , outward manifestation indicated fine
grained, sensitive nature, and ahighly organic
ed. finely cultivated mind. Judge Waite is
never without dignity, but it is never oppres-
sive. There is nothing formal about him. On
the bench he is a most patient and attentive
listener, but is alert, quick and ready. APPOINT
never escapes him. lie is close reasoner, and
his dction is unexceptionable. His style is
terse, graphic and forcible. but lacks Chase's
elegance. Handsome he certainly is not, fol
his mouth is broad and straight, his face square
and solid, framed in by almost black hair an6
beard (the upper lip sfiaven,) just touched witt
gray. But a winning smile fits his features