The New York Herald Newspaper, February 13, 1848, Page 1

oe a ae ee ne Whole Ko, 5009, NEW YORK, SUNDAY MORNING, FEBRUARY 13, 1848. ‘The Supreme Court of the United States. WasHINGTON, Feb. 10, 1848. 1V'm. Houston et al., Defendants in Error, vs. the City Bank of New Orleans —Mr. Clay argued this ease to-day, before the Supreme Court of the United States, on behalf of the plaintiffs in error. , Mr. Cay said—Since I have had the pieasure of dreasing this honorable court (which is now, I beli some seven years, or more). there have iy changes, political and otherwise, in the condition of the affairs of this country; but it is a source of much grati. fication that, amidst ail the changes through which this country has passed, this court now displays, as it did then, the same patient attention. the same kind and respectful consideration towards all who are engaged in the traneaotionof the business which is brought before it; and, sir, I should be menting in giving expression to the feolings of & grateful heart if I did not make to your Ho- nor, who presides over it, to the Associate Justices of thie court, and to the Honorable tho Attorney General, and the other members of the bar, my profound ao- knowledgments, and return my cordial thanks for the facilities which Have been afforded me in the trial of this case. Itis a matter of consoling reflection; and I hope that no interruption in the course of business will ocour in consequence of taking up this case, the trial of which would have taken place at theendof the term if it had no* been for the extension of your kind indulgence. Sir, I did not know—when in an unfortunate moment. perhaps, I contracted the engagement which brought me here—of all the difficulties which stood in the way, of the passage of mountains, through roads covered with ice end snow, of my long cation in Anis oft 5 yon however gratifs it has been on account of m with my eee eniaborers at this barand other cherish- ed friends who have contributed to render my sojourn agreeable; yet I am here, and I am not yet through with the labor which lies before me. I am here, asking of your honor the indulgence which should be extended toa young man just making his debut in court, but I trust an in- dulgence of ilar character will be extendad to one who isnot very youthful, it is true, but who isin some measure a new beginner before this court. Sir, my learned friend who addressed you yesterday bas com- plained of delay in the transaction of business, on more occasicns than one. Indeed, that topic ocoupied no in- of the learned gentleman. me for saying that his treat- ment of that topfo, has one merit which is not always to be found in the teachings of wisdom—that is, a perfect conformity of precept and example. Sir, ! have heard too, sometimes, though not often, complaints else- where of a speedy administration of justice, but more frequently have { heard of delay in its administration, ‘And if 1am not wistaken in my recollection uf what constitutes usually a part of bills of right in this coun- try, it will be found to be an article of special and par- ticular complaint, that the delay of justice is equivalent to ite denial. Justice, 1 think, sir, can never be too vapid. if it be rightfully administered. 1 happened, some years ago, in che performance of a public service, to be abroad in England, and I occasionally attended both houses of Parliament, and the courts in West- minster Hall. Sir, if in contemplating those great assemblies, aud those learned tribunals, I had anything to regret, upon a comparison between them and our own, of what I bave witnessed when in that country, it was not thet tl ability displayed, either in ts were brought betore ti but that there was gteater economy of time speakers there would begin with their subject, would end when the subject wasexbeusted. But, when I went into either apartment «f Westminster Hall where | attended, as [ did once or twice, the court sitting in Bank, I was there impressed still more with the econo- any of the despatch of business; | entered the court room, l remember, very early one morning. Theirlordships, the judges, w-re clothed with the gowns like your honors. ‘but that was the only analogy between your honors and them, for they wore also their flowing wigs, falling upon their shoulders, While there, there were no sparkling eyes. no bewitching smiles, no female forms; the whole roem—and I think, may it please your honors, it was not larger than the half of this—contained only the judges and officers of the Court. and a host of gentiemen of the legal profersion. Upon the first seats th ler mem- bers of the bar, the sergeants at and upon the seats behind the other members of the bar, all clothed in black gowns Well, after the tip-etaff pad ecnounced the introductory “God save the King,” his lordship asked the oldest sergeant, “Have you any motion to es, please your lordship; I have a casein to establish this point”—nawing the point “ Why,” said his lordship, * you cannot maintain that ’ “But? said the sergeant, “I wish only to quote a few authoriti > © It is of no use,’ said his lordship, turn- ing to bie notes, “the proposition cannot be main- ined;”” and the same observation was echoed along the line of judges, and the case was dismissed in jess time than it takes me to describe the incident. Now, it is matter of great wonder how, in such a country as England, with a wealthy population such as hers, justice should be administered so expeditiously. It can only be done by economising the time of the court, by prohibiting unnecessary argument, and by avoiding prolonged and useless discussion. Sir, 1 knew there is great allowance to be made for some of our bi thren of the profession, especially those from Philadel- phia, Nothing can be further from my purpose than to detract from the merit of a speech which a Philadelphia lawyer can make I do not mean to ssy that those apeeches are not always pertinent, eloquent, and full of learning; I only mean to say that they are not short. [Some merriment was here in- dulged in by tl very crowded ad the expression of which was quickly suppressed by the officers of the court.) 1 do not intend, sir, the slightest disrespect. I know many gentlemen among the bright- ‘est ornaments of our profession who are Philadelphians —a Dallas, a Lewis, an Ingersoll, and og delphia lawyer is no“ quarter horee ;” ho is Sourser--he runs his four mile heats, and if alittle urged he can repeat them. Now th which arises inthe administration of justice, sometimes proceeds from the observance of forms prescribed by law—sometimes, though, I believe it is to be attributed to the court— sometimes, and s0 much more frequently, I think to the members of the bar—and joe te have no personel interest in the question, I should be glad, since we have witnessed the salutary effect of arule which has been adopted in another part of this capitol, for the limitation of speeches—and the long speeches seem to have taken refuge here—I should be glad to hear that your honors had imposed some restriction upon the length of law- yers’ speeches. 1 shall now proceed to consider more particularly, however, that which isthe subject of the present consideration. And before I do that. I beg to be allowed to state the ase briefly, but @ little more in iull than it has been stated heretofore by my learned friend. Mr. Thomas Banks, a citizen of Louisiana, residing in New — and lye owner of # large piece of property there, well-known to every one whe ‘iite thet city, called “ Banke’ Arcade,” executed ® mortgage upon it for three millions of dollars; and besides this mortgage, he ‘executed as many asthree others upon different portions of the property; one to Duncan, another to Peters, and the third toa man whose name | do not recollect. Thomas Banks became a krupt, and applied to @ court in bankruptcy at New Orleans to be allowed the benefit of the aot recently te Congress. Upon his petition, which Teontend is drafted substantially according to the requirements of the act, for I do not concur with the learned counsel on the other side, that it is necessary to notify that description of debtors, the validity of whose body, The nd debts was not to be questioned—a schedule of the pro- | perty was attached to the petition, and a list of oll his creditors was given. Now, here was the institution of a suit by Banks against his oreditors, the defendants, including all his creditors—those holding ‘as well as those not holding incumbrances Process was issued according to law, and advertisements inserted in newspepers, especially « notice in this partioular case; and the procerdings in bankruptcy made progress on the docket until he was formally declared a bankrupt; ‘and an assignee was appointed, who took possession and administered the estate, which was surrendered to him upon the schedale to which I have referred The assignee, as required by the bankrupt law, applied to the court for an order of sale of the bankrupt property ; for authority to take possession of the specific pirce of pro- perty and to dispose of it. ‘The parties were no- tified to appear, and if they chose, to contest the granting of this order, but no opposition was made Tt was said yesterday by the roed counsel on the other side, that in regard to the mndent in error, the City Bank, there was no notice given Now, sir, | have taken the trouble to look into the record to nee how often the defendant was, in reality, notified in the course of the procesdings, and [have found that on fix distinet occasions during the progrers of the suit the bank was notified of the pro: ceedings. | will’give your honors # reference to the pages of record, which wili establieh this fact. [Mr. Clay here named the pages which contained the maiter referred to.] Six times has the City Bank during the progress o/ the suit in bankruptey bren notified, sometimes by double notification, and once personally served upon the defendants, avd once by advertisement in two of the, newspapers of the city of New Orleans. Now, sir, during all these proceedings the City Bank fore- bore to appear, and to make any defence or epposi- tion to any one of the steps taken during the progr of the case. During all this time the bank jntaing ‘an obstinate, if not asullen slience. It maintained w it deemed, no doubt, a “masterly inactivity.” At no ti did it offer any opposition Possession was taken of the mortgaged property. It was advertised to be nold,and was fold And at the time of the sale there was the mort nu merous attendance, the largest assemblage which was per. he collected together in that city. The sale had not only dvertised ia the papers, but placerded; and, as | have anid, there is actual evidence of notios having ven to the defendant, in the record of ths pro- beon 4 of its progress ceedings during the various sta The bank was ail this time silent and inactive; and it Was presumed by our clients, who were the defendants inthe case, that after all the usual precaution had been taken, and the property had been sold under the authori- ty of the court, they were not to be molested. Well, sir, after tho property was thus sold, and the purchasers were to make parment of the money, they demanded what is denied in all such caser, the production of a clear certificate from the Recorder of all mortgages which there might be upon the property. ‘Thi sesignee was not prepared to produce such certificate, and hi arrested the prooeeaings in order to produce it, the de- fendant b id proceeding. Some was issued to compel the certificate. Ho refused to parish court was applied to ‘The case was elaborately argued, ‘and the only question then was, that it was not an ori- ginal application for erasure, but that it grew out of the order of the bankrupt court, and the refusal comply with the order. The petition of the bankrupt court states that fact. It states the refusal of the Re- corder to comply with the order of that court, and in- vokes the authority of the parish court to compel com- pliane nd after # long argument, s mandsmus was is- sued. An appeal was takei id after an elaborate discussion, the Supreme decided that it was the duty of the Recorder to erase the mortgages, and they affirmed the decision of the after which the Recorder erased Now here were perceetines, lastin, about ten years, in the course of which, six different times was given to the City Bank,but without offering any opposition to the process of the Court, with 8 full koowledge of its proceedings, with a knowledge of the sale of the property, with » knowledge that that sale way, BN, e mest attractiv: d numerously attended sale that ever took place in the city of New Orleans. All this time, netjs murmur nor a whisper of opposition, not the slightest obstacle, was thrown in the bi by the City Bank. This I believe to be a substan tially true and correct narrative of the circumstances: tending this case; and it was not until after the was thus ted—until after the operation of the Bankrupt Court had been completed—until after the property been administered fully, according to the requirements, as Ishall endeavor to show presently, of he bankrupt law—until after the process of the federal authority was consummated and exhausted, that this ity Bank for the first time pute itself in motion and steps into the State Court for the purpose of setting aside all these proceedings, and of revoking not only the decision of the benkrupt court, but the decision of the old Supreme Court of Louisiana, and, as I sball also show, the decision of this court. Before I proceed to state what | mean to contend for in this case, I beg! eave to be permitted to state what we do not find it ne to contend for. It isnot necessary for usto maintain that the power of the Bankrupt Court is exolusive of the State Court; and it is not necessary,to maintain that during their pro- gress, it can enjoin its proceedings, and administer the property of the bankrupt mortgager. It is not necessa- Ty tor us to contend in this case, that they have made @ concurrent jurisdiction between the Bankrupt and the State Court, and that whichev. of these con- current tribunals, according to the State law, first gets hold of the case, decides it, disposes of the property, and applies the proceeds to the proper purposes, and ex- cludes the jurisdiction ot the other court during the progress; snd much more after the termination of the proceeding. The principles, then, which it is our duty to maintain in this case, in order to secure success to our client, are limited, and I am extremely happy to find, upon areview of the proceedings of this court, that ev- ery member of the bench, as far as an opinion has been expressed in the case, concurs in the principle that the bankrupt court has power and authority under the bankrupt act to adainister the estates which are encumbered as well as t! which are free. I nnecessary, if, indeed, it would not be some- what disrespectful to the Court, to attempt the array ot any arguments in addition to those whioh have been presented to the Court in Christys and Boyd’s cases. I think that your honors ought to vindicate the dignity all control from any quarter what- two or three reflections which have yself, and which with great deference I will submit, not that | think it at all necessary, but since it bas been insisted on with so much apparent sincerity that the former decision was erroneous, { trust [ shail be pardoned; and | take in the first place to pre- sent to the Court a short view, such as I have taken of this bankrupt sct. in relation to its provisions. The first section of the act authorizes the institution, of a suit by petition, in which, as [ have already stated the bankrupt is plaintiff and his creditors are defend- ants He is required to exbibit a full schedule of all bis preperty of every kind and nature whatever; and eo is Tequired to verify the correotners of the scheaule by osth or affirmation, as the case may There is to be a@ full disclosure made of all his property, and a full exhibition: of all his ereditors. And the suit thus commenced upon petition, is to proceed to ite final hearing, and the decision of the court carried into effect. ‘Ihe third section of the act declares that ipso facto, without any further specific proceeding for that purpose, the whole of the property surrendered by the bankrupt shall be vested in his as- signee. Now whatis the property which is thus vested? Isit not that which, by the ficst section, he is required to present a schedule of? Is it not all his property of every mature or kind which he is compelled to exhibit to the court? There can be no doubt about it. Well, then, by another section of this act—the tenth section-.it is required of the bankrupt court, that it make a vale, and cause to be reduced to cash all the assets of the bank- rupt, aod to distribute them among his creditors. ‘I'he first section requires the surrender of all the property of the bankrupt; and the tenth section requires a distribu- tion of the assets among all the creditors What assets are to be reduced to cash and distributed? Those which, by the third section, it is declared, are to be vested in the assignee most unquestionably. Then put these three sections together, aud it results, that the bankrupt himselt is required to render full schedule of his property, which is to be surrendered tothe assignee, and then to be reduced to cash and distributed among the creditors, according to their respective claims Now, whet are the rights, first of the bankrupt?) The power to transfer the estate to the assignee, aud mori- ed property throughout the States generally, and in ouisiana in partioulsr, is a part of the property which is thus to be transferred. The learned counsel on the other side, says, that the bankrupt hasa right to the possession of mortgaged property. He has, sir, after for- feiture. He may proceed, = amagren a to get ppsses- sion, but the bapkrupt himgelf bas only the power to transser the estate to the assignee, and he must go into s court of equity and be relieved. And think it will be found according to practice, at least, whatever the theory may be, that in ail the States, the mortgager as well a6 the mortgagee, has the right to go into a court of equity, and ask fora sale of tue mortgaged property. I put the case ofa mortgage upen property worth twenty times the amount of the debt, the mortgager having no other property. He will not have a right, according to the doctrine of the gentleman, to gointo of the Court of Equity and ask for the sale of the property and th meat to himeclf of the residue after the debts have discharged. Why, in the case of a man who had no other means, it would be preposterous that he could not effect 4 sale without a prior payment, whilst he is totally di- vested of all the means of payment. Sir, | find the prac- tice, as stated to be in England, is, that it frequently oc- ours that the mortgager goes into court and asks a sale of the property, aud it is granted. The sale taxes place aud the proceeds are surrendered to him after the pay- ment of the amount of mortgage. This is tie case, aware also in Kentucky, as well as many other States. At ull events, he has a right to go into court for the pur- pose of effecting a redemption of the property upon pay- ment of the money due upon mortgige. The objection, it it does exist, can only be made by demurrer. But no such objection dees exist. But | was proceeding tostate my views regarding the bankrupt act. Taking the first, third. and tenth sections together, the gate view of the whole ia, that the assignee is invested with the pro- perty, and has sll rights which the bankrupt had; that he is bound to effect a sale to reduce the assets to cash, and to pay it overto the creditors according to their res- pective claims, ‘This briogs me to a consideration of the proviso in the second section of the act. And what in Uhat proviso? What is provided by the proviso? What ie expected from the operation of ic? The proviso sim- ply declares, that the rights of minors and of married women, mortgoges, and other liens, valid by the laws of the several States, shall not be impaired, annulled, or destroyed. [ Mr. Clay here quoted from the act] Now, may it please the Court, it is mot the property that is exempted frem the operation of thelaw; itis the property to which the rights of these married wo! ‘1 are attached, that is excepted property that is excepted from the operation of the laws it is only the seourity, only the rights, only the interest, fa the property on wuich these several liens or encum- brances exist,that are excepted from the operation of the law. Now, it is avery fair and very proper mode in the construction of statutes, to compare one part with an- other of the sam ; aod if you find that the legisiature has employed one particular mode of expression when treating of an wnalogus subject, and another mode in an- other part of the same act, the result is, that there was &® difference of purpose or intention on the part of the legislature, though treating of the same subject With this observation, I beg leave to call tion of your Honors to @ case where Congress really did intend to except from the operation ot law, not the rights in the thing—net the interest in the thing, but ube thing itself. You will find in the third sectiox this proviso. [Mr. Clay then read the proviso } Now, if it hed been the intention of the legislature to exoeps property from the law, and not simply to preserve the rights in the property, the language of thir proviso would bave been very differeat. But, I repes sir, it is not property which is excepted, it is the interest in property—it 1s the jien—it is Lhe mortgage it in the right or interest wuich the married woman or migor basin property. The whote argument that bus been addressed here sgaics: the interpretation of the ot for which we are now contending, has been founded upon this erroneous wesumption- that it the baukrupt administer upou the property, it is destruciuve to toe rights of mortgagees and lien holders But no such thing —no such decision has been made. No tribunal would have ventured to deny the obligation which it is under to respect the liens, mortgages, the rights of married women and infants that may exist. Sir, 1 snali not take up the time to anewer the objections which my worthy friend has made td to commissioners and reterees. In any court, Fe i or State, there are cer- tain commissioners and referees, but I believe they are not so great in the bankrupt court of New Orleans, as they would bein the State courts of Lousiana But Pursue this subject a little farthe of the consequences which would ments on the other side. Now, if a special mortgage Upon & specific piece ot property excepte that property from peration of the bankrupt law, then s gene: upon all the property of # bankrupt will xonerate all t property of that bankrupt from ‘What is the fact in regard The rights, for instanee. mn? The wife has « right to her dotai the property of her usband. Every proportion of all Particle of it is charged with that right, which is term- ed by the civil law the marriage partnership This law continues during the continuance of the coveriure. The existence then of the right of Mrs. Banke in and the existence of # mortgage upon it,,, would exempt the whole oe wh ‘So, also, with regard to minors In the oase of @ minor having « guardian, his whole estate is bound; the lien diffuses it- self upon the property of the guard: And for this very case you will find, in the doo which was omit- ted’ when the case was originally sent up, there exists a if the doctrine contemded tor, that excepts the property, it results that ge ge excepts it, and it further sults thet there is a total exclusion of adm| - tration of the property of the bankrupt in conse- quence of the existence of this general mortgage. But how are rights of ths wife and minors to be pro- troted? Ask the learned counsel, with the a) it be- Met that there is no satisfactory answer, | will tell you how. There is an insolvent estate to be administered, or, as in this case, a bankrupt estate. What is done b; the oivil law? Your honors are more familiar than am with the preceedings, but | know that it is made the duty ofthe person administering to exhibit a tableau of all the creditors, arranging them according to their respective pri' ) and when the estate is reduced to cash in it, the privileged claims ere first paid, beginning with the wife and the minors and extending to the cases of mortgagees, if their mortgages were executed after the coverture, and then among the general creditors according to their respective rights. And so, sir, while it is necessary to make sale and to clear up the administration of the estate in the cases of Myers, according to the provisions of the civil law, there is what is called a family council held, which can make a general mortgage, providing that the guardians of the estate of the minors can elect @ particular part of the estate, leaving the residue to be disposed of by him as he pleases. ‘his is done on con- sultation of the family, who are sup} to be suf- ficiently interested to take care of the estate. So thereare modes by which, by the intervention of & court of justice, the rights of miners, and of mar- Hed woman, spread as they areover the whole es- tate, may be eonfined to! a particular portion of it, leaving the residue to be disposed of by the husband. The learned counsel who addressed you yesterday, ad- dressed some observations to the Court in respect to wos. What, said he, has not the pawnee a right to ‘old the pawn until payment? Will you wrest from him the possession? Why, no; Ijadmit, that in the case of a pawn holder, you cannot take away the pawn; and this vino in thoseoond section, embraces a great variety of lens and encum! ices. Sucha oneis to be treatedac- cording to its nature and local character, and all the right which pertain to it are to be given it, and retained invi- olate. And here we find a reason for the 11th section of the Bankrupt Act, on which my learned friend relied to show that there was no other mode by which an assignee could redeem @ mortgage, but by pay’ ing the amount due upon ft. Now I will tell you what strikes ma was the reason for intreducing this ith section. It was not to enable the mortgagee to redeem, upon payment of the amount duej; he had that right before; and whenit falls to the assignee, the right to redeem goes with it. After examining the previous sections, it will hardly be deemed necessary that this eleventh section should have been introduced. But there are two or three cases provided for in this 11th rection, in which, if they had not been so provided for,there would have been no power in the bank- rupt to act, asin the case of a pawnbroker, where the money is not due, but isto become due in the future. Now let us suppose the case of a mortgage, the day of payment not having arrived. But for this provision in the law—inasmuch as by the proviso to the second sec- tion you could not annul the matter or destroy the righta of the mortgagee- -you could not have anticipated the day of payment. Butfor this provision of law, you could not have divested the pawnee of the thing pawned. and have brought it into the general administration of the estate, by paying the amount due upon the pawn, and thusliberating the property. It seems to me, then, that we have a plain and simple mode of proceeding The first section tells you what is to be done; thata suitis to be brought, in which the bankrupt is to be plaintiff, his creditors the defendants; that a schedule ofthe property is to be prepared. ‘The third seotion telis you how it is to be referred to assignee; that the in- veatinent is complete without any further memorandum. The tenth section tells you how the property is to be disposed of; that it is to be reduced to cash and distri- buted among the creditors, according to their reapec- tive privileges. The proviso to the second section telis you that notwithstanding any provision in this act, certain rights ehall be preserved. | have shown you how they ure to be preserved; how, instead of having large estates to administer, bankrupts in the State of Louisiana will, in nine cates out of ten, have nothing to administer. I have shown that none of these acts are to be annulled; that the wife above ail others is to be taken care of,and that orphans are not to be ne- glected ; that the mortgagee, the pawnee—every one of the incumbrances, no matter what its nature or charac- ter -is to be taken care of; that all this isto be done, not in consequence of any action on either side, but by the ope- ration of law for the purpose of justice. And hore let me remark, in opposition to the learned counsel on the other side, that speed —railroad speed—is what every creditor wants. Every one wante to know what isto be his condi- tion, and surely twe years is not so frightfally rapid in point of time as to incur any degree of reproach for over hastness in the administration o! justice. Butthe learned counsel cites this case as an example of the spirit of liti- gation. I have shown you already that the reproach of litigation is fer more rare than the allegation of dela; and procrastinating judgment; that this very city ban which has jnvoked the interposition of this court, rely- ing upon the doctrines of law us laid down by the learned gentleman; that very city bank forbore to Taterpees, or to offer auy obstacle during the long period of the pro- gress of thers proceedings. It was his very city bank, when appealing to a State ceurt when they failed in the first imstance, only sppealing afterwards tpa new Si preme Court, which, like new things generally, sw with a pretty long broom, for we sec that one handle attempted to be extended,to the city of Washington; for, not contended with the decision of the bankrupt court— not content with the decision of the Supreme court of. theit own State, it is they who now reproach us with a spirit of litigation—it is they who, after attempting to dis- turb long settled principles and doctrines, ure bi forward and attempting to cast upon us this reproach. think I have said enough, perhaps too much, upon the subject of the just interpretation of the bankrupt act, ‘and I will pass on to other points which arise in the case —ot which my learned friend has made a very short disposal. He considers these points, that is so say, to the fact, that the first and older mortgagee was o! nt of the proceedings of the court; assented to the or at least, offered no opposition to it, the fact of the era- sure of the mortgage by a competent tribunal whose de- cision stands unrevereed ; the effect of all whicn had oc- curred to the city bank, in consequence of its silence ; and the learned counsel seems to think that all these points are without the jurisdiction of this court ; and shat under the act of 1789, you are restrained from looking at these errors, and must confine yourselves to the consideration of the single question of the validity of title which is brought before you for examination. Now I differ with my learned friend in this respect, and trust I shall not be unsuccessfal in showing to the court that your honors are bound to look at th» whole case as it stands. Allow me, without troubling you with quotations—for I have always a disinclination to occupy Uke time of the court with reading suthorities—allow me, I say, to state what | understand to be the course of the decisions upon this subject:—If aman bring u, before you a title derived from the laws of the Taited States, it is a fit subject for e: ‘ination; but if he bring up another sort of title wand in- dependent title, as is said im the case of Lane against Matthews—you will not look at it. You have no authority to do so under the act of 1789 This Court has also repeatedly decided that it is not necessary to show from the record in 40 many terms that a question arises under a law, a treaty, or the Constitution of the U. States; it is gufficient if the Court percely or can ordinarily infer from therecerd that the question arises under the laws or the Constitution of the U. States. Now let us advert to this restrictive clause contained in the act of 1789, by force of which my worthy friend endeavors to deprive the Court of the power of looking at this case in all ite points. [Mr. Clay here quoted at leagth from the aot of 1789,and then proceeded | “ But no other error shall be regarded as a ground of re- versal in any such cases than such as appears upon the face of the record and immediately respects the before mentioned uestion of the validity of the title, ko.” - Thus the act You are forbidden to allow to be as- signed, or to regard ase ground of reversal any question but such as effects the validity of the title, such as grows out of the construction of a treaty, of a law, or of the constitution which the record discloses You forbidden to look at the whole record, nor from making anything the ground of reversal other than that which it discloses, free to admit, that if the three parts to which I have alluded have no relation to our title, either in connection or as in the case of Matthews and Lane, that your honors would not have a right to reverse the decision of the court below. But which of them is it which oan be said to have no relation to the question of title? Weeay that the prior mort- gagee was La 4 notified of the proceeding, and that he consented to th esule ot the property by not opposing it The learved counsel said yesterday that there is no evidence of notice that the writing is not produced But the court below says it was produced there and whether « be ou record or not, is no matter. But if it were not there—if the first mortgagee had not assented to the rale of the mortgaged premises by his subsequent petition to the court, and bis prayer for the application of ths pro ceeds to the payment of his mortgage, and by is recep tion of those proceeds he ratified and confirmed the j ro cesdings, he is reception of the proceeds reverting back upon the proceedings of the sale, renders them valid if they had been invalid. and gives them all the force aad @ffewt which they would have had if he bad himeelf cower into court, aud in the most suthortative manner author ined the sale [t may be said, that when we show that the firet mortgagee has eesenied to the sale and re ceived the proceeds of the sale, and that this all occur- red in the Bankrupt Court, can it be alleged that this has no relation, in the language of the act of 1789, to our title? Can it be said with respect to the third question, that is the erasure of the mortgage, that it has uo respect to our title? Why, the erasure was ordered by the court prior to the sale. It was commanded by the Bankrupt Court, after the sale, for the express purpose of giving us the very title which your Honors are now invoked to decide upon. The bankrupt court makes an order upon the Recorder to erase the mortgages. The Recorder refusen compliance. The assignee then goes iuto the Parish court with that order, as authority for demanding the mandamus from that court Now, it was urged by the learned counsel, yesterday, that his client, the City Bank, was no party to this proceeding of erasure of the mortgages | hope [ have shown that it was « party. That it was six times notified, and al- though it turned a deaf ear to the notification, yet | need not say to this court that it dors not depend upon the mere option of the City Bank as to whether it will or will not bea party, It is made a party by the bank- ruptlaw recently passed by Congress, And here let me pause for # moment, Suppose that the order for the erasure of the mortgage had been complied with—sup- pose the recorder had done his duty and erased the mort- gages, would not the City Bank have been a party to that transaction? And if it would have been a party in the onee of the obedience of the [ecorder, can the wilfulness of the Recorder , or his,refractory spirit, operate upon the condition of the parties? 1 imagine that a compliance on his part would undoubtedly have operated fas @ non-compliance. A refractory and obetinate ‘d'eposition on the part of the officer can oreate no rights But what was the proceeding of the parish court? It was mere ministerial con- sequence of the proceedings of the bankrupt court. forcing obedience. The Parish Court took up the ques- tion, and considered whether it ought to interfere, and jaired whether the federal tribunal might not itself ae compel the compliance of the record . But they finally came to the conclu- sion, that from comity and respect to the federal authority, they ought v0 interpose. They ordered the mandamus to issue. An appeal was taken by the officer to the Supreme Court of the State, and that court con: sidered the same question which the Parish Court had considered. They inquired whether the Federal Court could of itseif, have exerted the power necessary to en- force obedience, and they came to the same barmonious conclusion, that it was the duty of the court to afford all the means in its power to enforce obedience, and they accordingly affirmed the decision of the Parish Court. ‘The erasure then took place. Now, has this no relation to our title? Can it be soargued? Why, sir, it is a part of the ver: preventing that was necessary for the per- fection of our title; the removal of all incumbrances and obstacles, ma! for us @ clear and perfect title. Now, ithe (last of the points—which this learned coun- sel supposes that this court hasno right to take notice of—is, that when the right which your honors are cal- led upon to decide now, was acquired by an epagetions of this notorious character, this party, the City Bank, laid by as silent as the grave, inactive as any object that we can conceive of. Does not this relate our title? Does it not end to perfect it? to seoure it? Isit nota title derived under your Jays whieh Is pow to boseeseeas Ses Tecy Ps omen So Sa cisions ? is ret aq of tant; and it 1s, therefore, I fe longer. The learned ooun- time will beceme vy. Ly desire to dwell upon it a 1 sel says you are only to look at the question of your tit! Well, may we not look at other titles? Suppose the other party ? su r examining this isa some better title, it must prevail. iment of the learned counsel, this, you can look at no oth You are thus. strained from giving judgment upon, titles 4 be | under the laws of the United States, this title was, on examination, found to pee Give: 6 with te a of ine Us tat ¢ other party no forward & title in order to destroy ‘cunt bo or purpose of destruction, look at « tithe arising under the laws of the United States, are pou not at bp alan: look at one which tends te and upholdit? [take it, that, upon reflection * dus consis , you must come to the conciusiont «high! have ‘my mi that although this cous as | have said, cannot, a6 in. case of Lane & Matthews, look at any title which in- volves the interference of the Court, yet they will look at the title of the adverse party, compare and contrast it with the particular title under consideration, and de- cide according to all the proofs and ciroumstan- ces thus presented. I have been, unnecessarily per- hap, discussing this point, but Iam happy to beable to call the attention of your Honors to the opi- nion delivered by his Honor Judge Catron, in the case of Choteau, which is to be found in 3d How- ard, 372. (Mr. Clay also referred to various other authorities to sustain this position.) I think, then, that unless [am entirely deceived, I have succeeded in show- ing that the three points to which I have called your attention, have all, in the language of the restrictive clause of ‘the act of 1789, an immediate respect to the question of the validity of title which was brought for your consideration. Mr. Clay next proceeded to show that the proceedings in the case had been conducted in entire conformity to the laws of the State of Louisiana. He contended that the oaee was much stronger than the reported cases, being one where the erasure took place upon due notice; whereas the cases to which he had re- ferred, were those in whioh the erasure took place with- out notice to the opposite party. [He continued to for- tify his position by numerous arguments, which were ex- tended to s very great length, # report of which will be prepared to-morrow, and coneluded by advertiug to the general operation of the bankrupt law, and of its sffeots upon the people of New Orleans in particular. } Iwas told, said he, when I was last there, that scarcely a man of those who, six or seven years ago, were doing the most extensive business in that city, was now to be found in the same position. ‘They had all become bank- rupts,and nearly all the property of the State of Louis- iana had chapged bands in consequence of this law. And I will venture to say, he added, that if s tornado were to sweep over the fair fields of that State, or if the majestic Mississippi were to overflow its banks and in- undate the country, the sweeping destruction that would ensue from the one or the other of these calami- ties would not exceed in its results the disastrous effects of this law, an carried out under the decisions of the courts there. Of all the concerns of man, in his sociai condition, none scarcely is so important as o settled, firm, and upright administration of justice. if ever it j was The bankrupt court ordered the proceedings to be erased. ‘The officer refused to obey, and the order wae carried into the Parish Court for the purpose of en- should be the lot of the people of this coun- a to lose their hope and confidence in every ther department of the government, and your honors stand up like honorable men to the per- formance of the duty which rests upon this august tribunal, still while property is secure and justice is ad: ministered with impartiality, great measure of pros- perity and happiness will continue to be enjoyed by this people. No government, however nominally free it may be, in which justice is corruptly and partially adminis- tered, can bes government for = people, And allow me to say, that; no government, however despotic and absolute and tyrannical it may be, can be a govern- ment in which there is not a great measure of blessing and happiness and prosperity evjoyed, if the rights of persons and of property are maintained and preserved, if justice is duly and impartially administered, and there 4s confidence reposed by the community in the tribunals of the country. Purtapgtruia, Feb. 12, 1848, Altempt at Forgery—The Saturday Courier Case—Snow Storm, §c. A bungling attempt was made yesterday topass a forged check at the counter of the Mechanics’ Bank, for $885, purporting to be drawn by Thos. Webster, a merchant of Front street. The signa- Medical. New York University.—Dr. 8. Broronn’s Introduc- tory Lecture to. a course qn Obstetrics and the Distases on Women and Children.—The lecture om the above im- portant and interesting subjects by Dv Bedford, deliver- ed at the University of New York, is of a character to demand more than ordinary attention, and to call for more than merely a transient notice. There is not, per- heps, in all the range of medical science, extensive as it is, any one branch so highly important as that which forms the subject of this lecture, and while we are ready St all times to do justice to the American and English schools, while we are willing to admit their general ac- knowledged superiority as medical practioners over the physicians of all other countries, candor and justice compel us to ssy that, in this particular department of medical practice, they are lamentably and deplorably de- ficient. There was a time when ifwe had said that Paris was the only theatre where this branch was successfully cultivated, the observation would have been generally correct. But now we are able to say, with equal pride ‘and pleasure, that New York city, by the labors and ta- Jents of the medical department of the New York Uni- versity, oan vie with Paris itself in being its equal in the extensive, thorough, and skilful proseoution of this most important department of medicine. It is, perhaps, incal- oulable how many amiable and estimable woman have been sent to an untimely grave by a medical treatment founded on general symptoms, without a regard or « consideration of the connection of these symptoms with the condition, the sympathy, and the action of the uterus, The following cases mentioned by Dr. Bedford in his leoture, will better explain this interesting sub- Jeo ‘The er, who desires to treat successfully the ineident to the female, must bear constantl: in the numerous sympathies by which the wom! isailied to almost every portion of the system. The life nt, indeed, will often depend on this know- aM Tow cian, Se'esamples dees It occur that ine feet indleetion of disease in the uterus is exhibited, not ‘any local disturbance of that organ, but by the m: festation of some of the numerous sympathetic pheno- mena. Ihave repeatedly been consulted by ladies who have suffered severely for months from local pain in tne stomach, kidneys, liver, or some other important organ. ‘They have had various remedies applied, having been treated for disease of the liver,kidneys, &c., but without benefit. On minute investigation of their case, | have founci disease of the neck of the womb, sometimes slight, sometimes of an sggravated character, to be the sole cause of all their suffering. Io restoring the womb toa healthy condition, their pains have at once subsided. ‘The following case will illustrate forcibly the absolute necensity of ery. bearing in mind the influence exe tad by ‘womb in certain forms ot disease: —Dur- ing the month of February last, | was requested to visit lady im consultation with Dr. Whiting, of this city Several medical gentlemen, among whom was Dr. Willard Parker, had, previous to my visit, seen and prescribed for this patient. When | saw her, in company with Dr. Whiting, she was apparently near dissolution, Her prostration was extreme; her countenance aimost hip- pocratic; ia a word, her friends had abandoned all hope of recovery. The particulars of the case were these : — She was the mother of oue child, seventeen months oid. ‘About month previous to my seeing her, rhe had occa- sionally been troubled with nausea and vomiting, and for the week previous to my visit she had vomited inoes- santly, She could retain nothing on her stomach; the vomiting resisted every remedy that had been adminis- tered. it was under these ciroumstances tnat | was called to her. The medical gentlemen who had preceded me in attendance, ordered cups, leeches, and blisters over the region of the stomach, with various internal re- medies, but all without the slightest ere effect. The vomiting was still uachecked, and her death hourly expected. On examining critically her care, I atrived at the conclusion that the vomiting was merely # symp- tom of trouble elaewhere, and that no remedy which could bs addressed to the stomach would be of the least avail in rescuing her from the imminent peril in which she was placed. In putting my hand on the abdo- men, | found the uterus prinelet bed gocupying the hypogastgic region. The alarming situation of the pa- tivnt rota noes justify delay; if her life were to be saved, every thing admonished us that it was to be done only by instantaneous measures. My opinion of the case was, that the vomiting was sympatuetic, produced by irrita- tion of the womb. | therefore suggested the propriety of endeavoring to induce contraction of this organ, in order that its contents might be expelled. This view was concurred in by Dr. Whiting. Accordingly, without a moment's delay, desperate and almost hopeless as the case was, I introduced @ female catheter into the womb, end ruptured the membranes; in a short time the uterus contracted, and a mass of hydatids was thrown off. Im- mediately, as if by enchantment, the vomiting ceased. The patient, after a tedious convalescence from her ex- treme debility, recovered, and is now in the enjoyment of robust (th. eee * There is one branch of my department, to which I have made no allusion, and yet it is one involving the dis- charge of the most sacred duties. 1 refer to the various medico-legal questions, which the practitioner will occa- sionally be called upon to determine—questions on the issue of which will often depend character, liberty, and life itself. Take, by way of illustration, the subject of pregnancy. Your opinion will frequently be invoked in questions of doubt by the judges and lawyers of the land; it will become your provinces to stay the arm of the law in the execution of retributive justi: and, on the accuracy of your decision may depend, not only the Well:belng of society, and the heppiness of individuals, but human life itself will often be at our mercy. ‘The question of the existence or no1 . . . * . * ture was entirely different from the genuine, and was detected at once. Cyrus Christmas, the young man who presented it, set off with the por tér of the bank for the purpose of calling upon the person from whom he pretended to have re- ceived it, but on the way he attempted to escape. He was subsequently arrested, and committed for another hearing Major Abner G. Daniels, convicted some time since of obtaining goods under false pretences, and sentenced to nine months imprisonment, at hard labor, has made an application to the Su- preme court to‘have that sentence reversed as regards the hard labor imposed. The argument heard this morning, Attorney General Champneys and Henry M. Phillips, Esq., for the prosecution; and David Paul Brown and Geo. W. Barton, Esqrs., tor the defendant. Ma- jor Daniels was a respectable merchant of Ken- tucky. and had been a whig member of the Le- gislature. He was brought here as a fugitive trom justice. — Be ae An application was made this morning in the Equity branch of the Court of Common Pleas, by the counsel for Mr. McMakin, asking that he be permitted to pay in the sum of $7,500 (half of the amount at which the Saturday Courier was struck off to him,) as the shure of the inter- est of his deceased partner in the establishment, and have it legally transferred. This motion was resisted by the counsel on the opposite side; who asked that Mr. McMakia be required to pay into court the full amount of his bond, $30,- 000, in order that the $15,000 for which he obli- gated himself that the half should bring at the sale could be paid over to the legal representa- tives of his late partner, and also to secure their proportions of the profits ip to the day of sale. Che court fixed next Friday tor hearing the ar- gument of these motions. In the Court of Oyer and Terminer, this morn- ing, an application for a new trial was granted in the case of Michael Redding, convicted a year since of murder in the first degree, in having «lied Peter Hurd, on an oyster boat, a short dis- tance below the city, The judges were divided m nion as to the propriety of granting the rule, and this has prevented a decision being prowounced. This morning Judge Campbeii read his opinion, making the rule absolute; Jucge. Parsons gave his reasons foran eutirely different decision, and then Judge Kelly divulged his opi- ulons, which, agreeing with those ot Judge Campbell, the prisoner is to have another chance for his lite. Stephenson, the fireman, convicted a few days since of participating in a riot up town, received a light sentence of three months’ imprisonment, on account of previous good character. A show storm has set in, and we have the prospect of a few days sleighing. Miscellaneous -boy, about 12 years of age, named John Hines, mpting to jump from the Baltimore train, at 1d Spruce streets, Friday afternoon, fell between @ud was crushed in a most dreadful manner Ail four of the wheels of the hindmost car went over him, grinding his right leg to atoms, and literally cutting him in twain from the groin across the abdomen. He only survived « fow minutes Tho amount of travel between this city and Boston, tho present winter, js said to be less than during apy istence of pregnancy is, under certain circumstanc one of the mostembarrassing, which by any possibility can be presented to the judgment of the physician. On the one band, a female, in the hope of gain, or urged on perhaps by some more malignant motive, eharges the fa- ther of a family with having violated her person ; aud thus, with a view to a successful plea, feigns pregnancy. Again, e female who has strayed from the path of virtue, ‘and who has become impregnated, anxious to conceal her own shame, applies to s practitioner, and endeavors to delude his judgment by requesting to be treated for thedropsy. In speaking of the difficulties with which the physician has to contend in arriving at a just opi- nion on this subject, Van Switen exclaims with great truth: “ Undigque fraudes, undique supe inside struun- tur incautis.”” But occasionally, it will devolve oa you, as practitioners of medicine, to shield innocence against the assaults of the base and wicked, and prociaim a tri- umphant acquittal of charges, which have been preferred by s reckless and cruel world. I beg your indulgence, while I cite the following case, not altogether void of interest: Some time since I re- ceived a note, requesting me to visit, without delay, lady who was residing in the State of New Jersey, about thirty miles from this city. 1 immediately repaired to her residence ; and, on my arrival, was received by her father, a venerable and accomplished gentleman. He seemed broken in spirit, and it was evident that grief had taken a deep holdof his frame. On being introduced into his daughter’s room, my tympathies were at once awakened on beholding the wreck of beauty which was ted te my view. She was evidently laboring un- der phthisis, and it was manifest from her wasted frame, that Death had claimed his victim. My presence did not seem to occasion thé slightest disturbance, and with the smile of an angel playing on her countenance, she greetod me with these words : “ Well, Doctor, | am glad other winter for five years past, St. Peter’s Catholio Church, in Troy, with its organ. he &o., were eonsumed by fire, at 1 o’eleck, on Thu: ay. Governor Shunk was improving in health on Thurs- day evening. He is at the residence of 8 friend, a short distance from Harrisburg. Another of the Taghkanio Indians has been arrested; his name is ‘William Wheeler, and is held with Vantas- sel and, Van Waganan, who were arrested few days since, for examination. The Le Roy Gazette that over twenty cases of small pox have cowarted 2k Bethany. Another land slide is feared at Troy. A large crack, says the Chri ¢, has been ditcoverod in the hill back of the town, several fomilies have deserted their homes in alarm. to see you on my beloved father’s account, for he will not believe that | cannot yet be restored to health. Life, however has lost ail ite charms for me, and | long for the repose of the grave.” ‘These words were spoken with extraordinary gentleness, but yet with an emphasis that at once gave me an insight into the character of this lovely woman, From her own lips I received the follow ing history of her cas». Her father was a clergyman of high standing in the English church, and had » pastoral charge in Eugland, in which he continued until ciroum- stane rendered it necessary for him to leays thatcoun- feek aresidence in America. At « very early had lost her mother, and had been almost entire- iy ted by her father, whole talents and actain- ments admirably fitted him for the duty. When she bad attained her eighteenth year, there was an attach ment formed between her and # young barrister of great romise and respectability. This attachment resulted f matrimonial engagement. Soon after the eugage she began wuaccountably to decline in heaith ‘There was considerable irregularity in her menstrual periods, with more or less constant nausea, loss of appe- tite, inability to sleep, feverishnens, and an uncontrolla- ble dislike to society In addition to these symptoms, thers waea marked change in her, personal appearance ; her abdomen became enlarged, ber breasts increased in Sze, ko. These changes attracted the attention of some of her female acquaintance, and the rumor soon spread that they were the resuit of pregnancy The barrister to whom anced heard of there reports, and instead of being the first to stand forth as her protector, and draw near to his heart this lovely and injured girl, the intensity of grief with which she was dressed a letter to her father, requesting to be released from his engagement. This, of course. was assented to without hesitation The young lady, con scious of her own innocence, knowing betier than any one else her own immaculate character, and relying on te mercy of Heaven to guide her in this her hour of at @ physician should be sent for, in order that the nature of her case might be fully ascer- tained, A medicai man accordingly visited her; and after an investigation of her symptoms, he informed the father that she was undoubiedly pregnant, and that means should be instantly taken te Keep the unpleasant matter secret. The father, indignant at this cruci imputation against t mor Of his child, spotless ashe knew her to be, immediately requested This resulted in ® confirmation of the opinion pre- viously expressed, and the feelings of that father can described. Without delay, to resign his living, gather d proceed with his daughter to untry, be better appreciated thi od man determi up his little property, America, On her passage to thi ‘extremely ill, and there being ® phy: vessel, his advice was requested, After seeing the pa- tient (she was laboring at the time under excessive vo- miting from sea-sickness) he told the father that there was danger of premature delivery. Such, therefore, was general appearance of this lady, that « medical man, rely judging from ap; noes, at once concluded she was pregnant. ‘This wi Ul then requested as to the character of her gy My feelings were very naturally much enlisted in her be- half, and | proceeded with great caution im the inves- tigation of her oase, Without entering st this time into details as to the man in which | conducted the examination, suffice it to say that, after a faithful and critical survey most minutely made in reference te point, e not pregnant. The only reply this gen ti made on hearing my opinion was, * Doctor, you are right.” These few words were full of meaning, and oir import | could not but appreciate. They were uttered neither with an air of triumph, nor with a feel- ing of unkindness towards those who had so cruelly abused her. The father was soon mado ncquainted with the result of my examination, but he indicated not the slightest emotion. His ‘ing was quiet and digni- fled. it wae evident that id never faltered for one moment in the belief of his daughter’s virtue, and re- quired no assurance from me or any other living being, t his child had been shamefully wronged. He asked me with great solicitude whether something could not be done to restore her to health; and I thought the old man’s heart would break when I told him that his daugh- ter was in the last stage of consumption. I left with the pl that he would inform me of her disso- lution, and afford an oppertnalty, by @ post mortem ex- amination, of testing the truth of my opinion. bout four weeks from thist ime, | received a note an- nouncing the death of his daughter, and requesting that I would immediately hasten to the house, for the pur- pose of making the autopsy. Dr. Ostrom, now practi- sing in Goshen, at my request sccompanied me, and assisted in the examination. It may surprise you, but yat it {s an interesting fact to communicate, for it ex- hibits the true character of the man, that during the post mortem examiuation, the father stood by and wit- nessed every st: s of the operation; his form was erect, his face Fe and thoughtful, and one tear would have broken the agony of his grief. Ashe stood before me, he was not unlike the stricken oak in the forest, which, though blasted and stripped of its branches, was upright and mi ic. As I rem the tumor from the womb, he seized it convulsively, and exclaimed, “ This is my trophy, and I will return with it to England, and it shall confound the traducers of my child.” Here, you perceive, both character and life were sac- rificed by error of judgment on the t of those whose counsel had been invoked. Without s due appreciation of their responsibility—heedless, as it were, of the dis- trossing consequences which must inevitably result from an erroneous judgment of a case, in which charac- ter was £0 deep: volved, the medical gentiemen, un- just to themselves, and to the profession of which they sheuld have been in part the conservators, rashly pro- nounced an opinion which consigned to an early grave # pure and lovely being, and crushed the heart of a de- voted and confiding parent. It was the misfortune of this — lady to labor under an affection of the womb, which simulated in several imporiant particulars the condition of pregnancy; and whilst the world, im its ignorance, might have supposed that pregnanoy did in fact exist, yet there was no excuse for the physician, guided as he should have been by the lights of science, and governed by the truths of sound morality. When ted unequivocally to the lady that she was not preg- nant, [ gave an opinion which I knew would stand; my examination was conducted in a way which enabled me accurately to comprehend that the whole train of symp- toms indicating gestation, was occasioned by an enlarge- ment of the womb, altogether unconnected with preg- nancy, and produced by the presence of a large fibrous tumor occupying the entire cavity of the uterus. This opinion, [ admit, was not arrived at without some de- gree of ‘caution—-caution fully justified by the peculiar nature of the issue involved in the decision. Here we see at once the danger, we might say more strongly, and it would not be too stro. g—the oriminality of any medical man attempting to prescribe for any symptom or any disease of a female patient, unless he is fully possessed of the knowledge, which it is the objeot of Professor Bedford to impart in this valuable and in- structive course of lectures. We are glad the Dr. goes into the subject with the zeal which he has @ are sure he will confer # benefit upon the professio: honor upon New York and its University, and a |: blessing upon his fellow creatures, by the talent and judgment which he displays, both in his ge practice, and more especially, in this, its most impc department. Board of Supervisors. The Board of Supervisors met yesterday afternoon In the absence ef the Mayor, Alderman Messerele was called to the chair. A conversation took place, whether it was competent for the Board to proceed to business in the absence of the Mayor or Recorder. The act states one or the other of them must be present. The Recorder, however, entered the room, and the Board proceeded to business. ‘The minutes of the former meeting were read and adopted. Various petitions were read and passed, praying for a reduction of taxes. ‘The bills of several newspapers were ordered to be paid. ‘On the bill of the crier of the Supreme Court being presented, from the no! eas to the coals and light of the court, it was referred to a select committee. The report of the Committee on Annual Taxes was read, and, after some discussion as to the deduction of $500 taxes on the property of those engaged in military service, was adopted. A resolution was adopted, to th officers who receive $1000 per a monthly, and all over that quarterly. ‘A resolution was offered, to petition the legislature to alter the act, entitled “ An Act in relation to Jurors im the City of New York, Dec. 15, 1847,” as said act was not asked by the common council, the board of super- visors, or the people. A very animated and interesting discussion took place, and several of the aldermen spoke with considers- ble warmth. Alderman Purser contended, that when this law first passed, not @ lisp was heard against it. Not only 60, but they @ resolution unanimously in faver of it. But suddenly, our friends have discovered that it is wrong. We undertook to make the application, ‘and it was the making of this that led to the discovery. If this resolution is passed, and sent to Albany, will the power of presentation. be instructions to chan, That is the true cause. it was moved, that the resolution lie on the table, which Mere | put to the vote, wae lost—7 voting for amd 10 against it. ‘The main question was then put, and carried—10 yeas and 7 nays. . Alderman Purser immediately rose, and moved the reconsideration of the question, and opposed the ground taken by Alderman Kelly and the proposers of the reso- lution. ‘As the meeting began to disperse, the Chairman said, that from all appearances they would soon be without a quorum. : Alderman P. immediately answered—I admire the in- stinct by which the Chairman discovered by casting his to the clock, that there would not be s quorum ina Wine gente tinued to speak for time, till The gentleman contin‘ eome there was no quorum, when the esting adjourned, Al- derman Kelly being prevented, once and again, from an- swerin, Alderman Purser. It was most beautiful piece of finesse, and every way worthy of time “speaking lawyer.” Tue Banks oy New Ortgans.—In the N. O. Courier of the 2d inst., isthe report of the Board of Currency, showing the situation for the year 1847 of the several banks of the city of New Orleans. We copy enough from the report to indicate such situation:— On the 25th da December of the said year the ag je circalation of those banks amounted to sees es ++ $3,709,083. 00 Their deporits to... 8,308 332 74 Other liabilities........ ies 1,850,971 99 TO. ove csc cues cae eee «013,967,687 73 Their assets wore as follows SBR Facse ss wegen ease 997,078,510 61 Loans and deposits payable in full at ma- turity,. vf Due by foreign and doniestic banks. Other cash ansets.. .. otal. «+++ Excess of the movement assets. Capital paid im.... . Liabilities other than movement. Total liabilities of movement and dead weight (exclusive of cupital)........ 14,710,131 74 Total assets of movement and of dead 35,950,644 55 weight. . 6-4. sees ereeee Leaving an excess of assets. ... 21,240,612 81 On examination of the documents hereunto annexed, to which your attention is called, amd of whiob we have presented you only ® brief abstract, your honorable bo- dy will see that our banks are in @ most flourishing con- dition, and with regard to safety and successful admiais- tration leave nothing to be desired. Foreige Items. Emigration from Bremen in the past year, bas gone on tea great extent. About 33,000 persons embarked in 255 ships, to the United States, Texas, Brazil, and South Australia. One hundred vessels were destined to New York alone. iB a ‘The population of the town of Hamburgh amounts, according to the last cents, to botween 122,000 and 123,000 souls, of whom more than 20,000 profees the Jew- ish religion. Mies vi ition for admitting m+mbers of the Jewish wammlued ail commercial assemblies at Hamburgh, mes tejected by a majority of 77 votes. France have as man: 4d number 30,000 ad- The Protestant communities ‘as 500 ministers in the country, herents in Paris alone. Fourteeu newspapers are now published in the papa staces. Maria Louisa is to be buried en the 29th, beside the remains of Napoleon’s son, at Vienna. The Queen of Spain has expressed her wish that the gaa of Senor Salamanca should not be proeeeded wit ‘The approaching marriage of the Princess Lowisa of Prussia to the Crown Prince of Sweden, is much spoken jerlin. There is also a report of the marriage of the Princess Caroline, born August 5, 1933, only daugh- ter of the Prince Vass, son of the predecessor of Berna- I learned respecting the previous history of this inter- cating and pn Prema; and my opinion was dotte, to Prince Francis Gustavus Osoar, of Swedem, born June 18, 1827.