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

Newspaper of The New York Herald dated February 13, 1848 Page 1
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?w i-uiJ iiiMwmmmmmmmmmmmm TH Whole No, 500W. The Supreme Clourt of the United States. Wahhinoton, Feb. 10, 184H. IVm. Houston rt al., Defendants in Error, v* the City Hank of Hew Orltuns?Mr. Clay argued thin case to-day, before the Supreme Court of the United States', on behalf of tlie plaintiff* in error. \1r. Clay said?Since I have had the pleasure of addressing this honorable court (which is now, 1 believe, some eeveu years, or more), there have been many changes, political and otherwise, in the condition of the affaire of this country; but it is a source of muoh gratification that, amidst all the changes through which this country has passed, this court now displays, as it did then, the same patient attention, the same hind and respectful consideration towards all who are engaged in th.? transaction of the business which is brought before it; and, sir, I should be wanting in giving expression to the feelings ot a grateful heart If I did not make te your Honor, who presides over it, to the Associate Justices of this court, and to the Honorable the Attorney General, end the other members of the bar. ray profound acknowledgments, and return my cordial thanks for the 4a<.;iifUn vrhlnK Kft*n Imnn nfTVirdnji m#? In th? trial flf this oase It in n matter of consoling reflection; and 1 hope that no interrnption in the course of business will ooour in oonseqtience of taking up this case, the trial of which would have taken place only at thei nd of the term if it had no' been for the extension of jour kind indulgence. Sir, I did not know?when in an unfortunate moment, perhaps, I oontraoted 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 and snow, of my long detention in this city, wbioh, however gratifying it has been on aooount of meeting wit h my former oo-laborers at this bar and other cherishod friends who have contributed to render my sojourn ai/reeable; yet I am here, and I am not yet through with the labor whiob lies before me. I am here, asking of your honor the indulgence which should be extended to a young man just making his debut in oonrt, but I trust an indulgence of a similar oharacter will be extended to one who is not very youthful, it is true, but who is in some measure a new beginner before this oourt. Sir, my learned friend who addressed you yesterday bos complained of delay in the transaction of business, on more occasirns than one Indeed, that topio occupied no in00 siderable part of the Bpeeoh of the learned gentleman. 1 hope that he will excuse me for saying that his treatment of that topio. hss one merit which is not always to be found in the teachings of wisdom?that is. a perfeot conformity of precept and example. Sir, I have heard too, sometimes, though not often, complaints elsewhere of a speedy administration of justioe, but more frequently have I heard of delay in its administration. And if 1 am not mistaken in my reonlleotion of what constitutes usually a part of bills of right In this oountry, it will be found to be an artioie of speoial and particular complaint that the delay of justice is equivalent to its denial Justice, I think, sir, can never be too rapid, if it be rightfully administered i happened, some years ago, in cite performance of a publio service, to be abroad in England, and I occasionally attended both bouses of Parliament, and the oourts in Westminster Hall. Sir, if in contemplating those great assemblies, and those learned tribunals, I had anything to regret, upon a comparison between them and our own, of what I have witnessed when in that ocuntry, it was not that thero was less eloquence or less ability displayed, either in Parliament, when great and momentous subjects were brought before tuat body. but th*t there was a greater economy of time The speakers there would begin with their subject, and would end when the subject waa exhausted But, sir, when 1 went into either apartment el Westminster Hall where I attended, aa 1 did once or twice, the court Bitting in bank, i waa there impressed still more with the economy of the despatch of business; i entered the court room. 1 remember.very early one morning Their lordships, the judges. W're clothed with the gowns like your honors but that waa the only analogy bstween your honors and them, for they wore also their flowing wigs, falling upon their shoulders. While there, there were no sparkling | eyes, no bewltohing smiles, no female forms; the whole room?and I think, may it please your honors, it waa not larger than the half of this -contained only the judges and officers of the Court, and a host of gentlemen of the legal profession. Upon the first seats the elder members of the bar, the sergeants at law; and upon the seats behind the other members of the bar, all olothed In black gowns Well, after the tip-staff had pronounced the introductory " Hod save the King,'' his lordship asked the oldest sergeant, ''Hare you any motion to make?" "Yes, please your lordship; 1 have a case in which I wish to establish this point"?naming the point ' Why." said his lordship, you cannot maintain that' "But," said the sergeant, '* I wish only to quote a few authorities." " It is of no use," said his lordship, turning to bis notes, "the proposition cannot be maintained;" and the same observation was echoed along the line of judges, and the case was dismissed in less time than it takes me to describe the incident. Now, it is matter of great wonder bow, in such a country aa Kngland, with a wealthy population such as hers, justice should be administered so expeditiously It ean only be done by economising the time of the court, by prohibiting unnecessary argument, and by avoiding prolonged and useless diaoussion. Sir, 1 knew there is great allowance to be made for some of our brethren of the profession, especially those from Philadelphia. Nothing oan be further from my purpose than to detract lrom the merit of a speech which a Philadelphia lawyer can make 1 do not mean to ssy that those speeches are not always pertinent, eloquent, and full of learning ; I only mean to say that they are not short. [Some merriment was here indulged in by the very crowded auditory, the expression of which waa qniokly suppressed by the offloers of the oourt.) 1 do not intend, sir, the slightest disrespect. I know many gentlemen among the brightest ornaments of our profession who are Philadeiphians ?a Dallas, a Lewis, an Ingersoll, and others. A Philadelphia lawyer is no " quarter horse he is a noble courser?he runs his four mile heats, and it a little urged he can repeat them. Now the delay whloh arises in the administration of justice, sometimes proceeds from the observance of forms prescribed by law-sometimes, though, 1 believe it is to be attributed to the courtsometimes, aad so much more frequently, I think to the members of the bar?and although I have no personal interrst in the question, I should be glad, since we have witnessed the ealntary effect of a rule wbiob has been adopted In another part of this oapitol. for tbs 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 lawyers' speeohes 1 shall now procesd to consider more particularly, however, that whioh is the subject of the preeent consideration. And before I do that. I beg to be allowed to state the oase briefly, but a little more in lull than it has been stated heretofore by my learned friend Mr. Thomae Banks, a citizen of Louisiana,residing in New Orleans, and the owner of a large piece of property there, well-known to every one who visits that city, called " Banks' Arcade," executed a mortgage upon it for three millions of dollais; and besides this mortgage, he executed as many as three others upon different portions of the property; one to Duncan, another to Peters, and the third to a man whose name 1 do not reooll?ct. Thomas Banks beoame a bankrupt, and applied to a court in bankruptcy at New Orleans to be allowed the benefit of the act recently passed by Congress. Upon his petition, which I contend is drafted aubatantiallv according to the requirements of the mot, 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 debts was not to be questioned-a schedule of the property was attached to the petition, and a list of all his creditors was given. Now, here was the institution of a suit by Banks against his oreditors, the defendants, including all his oreditors?those holding as well as those not holding incumbrances Process was issued according to law, and advertisements inserted in newspapers especially a notice in this particular oase; and the proceedings 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 schedule to which I have referred The assignee, as required by the bankrupt law, applied to the court for an order of sain of the bankrupt property ; for authority to take possession of the speclflo pi>ce of properly end to dispose of it The parties were notified to appesr. and if they chose, to contest the granting of this order, but no opposition was made It was said yesterday by the learned counsel on the other side, that in regard to the defendant in error, th?City Bauk. there was no notice given Now. sir, I have taken the trouble to look Into the record to see how often the detendant was in reality, notified in the course of the proceedings, and I have found that on eii diet Inc. occasions during the progress of the suit the hank was notified of the pro csedl'igs I wilt'giv your honors a reference to the pages ofraoord which will eMsblish this fact fMr. Clav her-' natned the oag?s which contained the uia ter referred to ] Six times has the Citv Barkdurim tne progis-so* the suit in bankruptcy bren notified, sometimes by double notification and once personally served upon the defendants, and once by advertisement in two af the. newspapers of the city of New Orleans Now, sir* during all these proceedings the City Bank lorebore to appear, and to make any defence or apposition to any on? of the steps taken during the progress of the case. During all this time the bank maintained an obstinate, if not a sullen silence It maintained what it deemed no doubt, a -'masterly inac ivltyAt no time did it offer any opposition Possession was taken of the mortgaged property It was advertised to be sold,and was sold And at the time of the sale there was the most nu tnrrous attendance, the largest, assemblage whioh wss per haps over collected together in that. city. The ssie had not only b?cn advertised iu the papers, but placarded; and, as I have said, there is aotual evidouce of notice having been given to the defendant, in the reoord of the proceedings during the various stages of its progress The bank was nil this time silent and inactive; and it was presumed by our clients, who were the defendants lnths case, that after all the usual precaution had been taktn, and the property bad been sold under the authority of the oourt.they were not to be molested Well. sir. after tho property was thus sold, and the purchasers wer* to make payment of the money, they demanded what is denied in all such cases, the production of a clear certificate from the Recorder of all mortgages whioh there might be upon the property. The aaetgnee was not prepared to produce sueh certificate, and he arreeted the proceedings in order to prodnoe it, the defendant being no party to said proceeding. Heme months after, an order was iesued to compel the Recorder to produce the certificate, lie refused to eomply with the order. The parish court was applied to to compel oompllanoe. The case was elaborately argued, and the only question then was. that it was not an original application for erasure, but that it grew out of the order of the bankrupt oourt, and the refusal to comply with the order. The petition of the bankrupt court, states that fact. It states the refneal of the Recorder to oemply with the order of that oourt, and In I t ' , -rr ^ E NE NE1 vokes the authority of th? parish court to compel compliance, and after a long argument, a mandamus was issued. An appeal was taken, and after an elaborate discussion, the Supreme Court deoided that it was the duty of the Recorder to erase the mortgages, arid tbey affirmed the decision of the Parish Court, after whioh the Recorder erased the mortgages Now here were proceedings lasting in point of time about ten years, in the oourse of whioh, notification at six different times was given to the City Rank,but without offering any opposition to the prooess of the Court, with a full knowledge of its proceedings, with a knowledge of the sale of the property, with a knowledge that that sale was, perhaps, the mot t attractive and numerously attended sale that ever took plaoe in the city of New Orleans. All this time, netfa murmur nor a whisper of opposition, not the slightest obstacle, was thrown in the way by the City Bank. This I believe to be a subetantialty true and correot narrative of the circumstances attending this oase; and it was not until after the sale was thus perfeoted?until after the operation of the Bankrupt Court had been completed?until after the property had been administered fully, according to the requirements, as 1 shall endeavor to show presently, of he bankrupt law?until after the prooess of the federal authority was consummated and exhausted, that this City Bank for the first time puts itself iu motion and steps into the State Court for the purpose of setting aside all these proceedings, and or revoking not only the decision of the bsnkrupt oourt, but the deoisiou of the old Supreme Court of Louisiana, and, as I shall also show, the decision of this oourt. Before I proceed to state what I mean to oontend for in this oase, 1 beg I save to be permitted to state what we do not find it necessary to contend for. It is not necessary for us to maintain that the power of the Bankrupt Court is exolusive of the State Court; and it is not necessary.to maintain that during their progress, it can enjoin its proceedings, and administer the |/4\s|/w*vjr vt tuu uauatupi uiuilb 10 uub kioucddb* ry tor us to oontend in this out, that they hare made a concurrent jurisdiction between the Bankrupt and the State Court, and that whichever of tbeee concurrent tribunals, aooording to the State law, first gets bold of the oaae, decides it, disposes of the property, and applies the proceeds to the proper purposes, and excludes the jurisdiction ot the other oourt during the progress; and much more after the termination of the proceeding. The principles, then, whloh it is our duty to maintain in this oase, in order to secure eucoees to our olient, are limited, and I am extremely happy to find, upon a review of the prooeedings of this oourt, that every 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 aet to administer the estates which am encumbered as well as those whioh are free I think it is unnecessary, if, indeed, it would not be somewhat disrespectful to the Court, to attempt the array 01 any arguments in addition to those whioh have been presented to the Court in Christyds and Boyd's oases I think that your honors ought to vindloate the dignity of the Court against all oontrol from any quarter whatever But thtre are two or three reflections whioh have ooourred to myself, and whioh with great deferenoe 1 will submit, not that 1 think It at all necessary, but since it has been insisted on with so muoh apparent sincerity that the former deoision was erroneous, 1 trust 1 shall be pardoned; and 1 take leave in the first place to present to the Court a short view, suob as I have taken of this bankrupt aot. in relation to Its provisions. The first section of the act authorizes the institution, of a suit by petition, in whloh, as 1 have already stated the hanki upt is plaintiff and his creditors are defendants He is required to exhibit a full eohedule of all bis pr< perty of every kind aud nature whatever ; and be is required to verity tho correotnets of the schedule by oath or aflirmaUon. as the rase may be. There is to be a full disclosure made of all his property, and a full exhibition ot all his creditors. And the suit thus oommenoed upon petition is to proceed to its final hearing, and the decision of the oourt carried Into effect. The third section of the aot deelares that ipso facto, without aDy further speoiflo proceeding for that purpose, the whole of the property surrendered by the bankrupt shall be vested in his assignee Now wbatis the property whioh is thus vested? Is it not that which, by the fi. st section, he is required to uresent a schedule of? Is It not all bis property of every nature or kind whloh he is compelled to exhibit to the c*urt? There can be no doubt about it Well, then, by another section of this aot?tha tenth section?it Is required of the bankrupt court, that it make a sale, and oause to be reduced to cash ail the assets of the bankrupt, and to distribute them among his oreditors. The first section require* the surrender of all the property of me bankrupt; aud the tenth seotion requires a iistrieution of the assets among all the oreditors What assets ure to be reduced to cash aud distributed ? Those whioh, by the third seotion, It is deolared, are to be vested in the assignee most unquestionably. Then put these three seotions together, aud it results, that the bankrupt himself ia required to render a full schedule of bis property, which is to be surrendered to the assignee, and then to be reduced to oash aud distributed among the creditors, according to their respective claims Now, what are the rights, first of ths bankrupt? The power to transfer (he estate to the assignee, and mortgaged property throughout the States generally, and in Louisiana in partioulsr, is a part of the property which is thus to oe transferred The learned oounsel on the other side, sajs, that the bankrupt has a right to the possession of mortgaged property. He has, sir, alter forteitnre. He may prooeed, by ejectment, to get possession, but the bankrupt himself has only the power to transfer the estate to the assignee, and he must go into a court of equity and be relieved. And i think it will be found according to praotloe, at least, whatever the theory may be, that in ad the States, the mortgager as well as the mortgagee, has the right to go into a court of equity, aud ask for a sale of the mortgaged property. I put the case of a 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 ths doolrineof the gentleman, to go into of the Court of Equity and ask for the sale of the property and the pay- I meat to himself of the residue after the debts have been discharged. Why, In the case of a man who had no other means, it would be preposterous that he could not elTeot a sale without a prior payment, whilst he is totally divested of all the means of payment Sir, i find the praotiee, as stated to be in England, is, that it frequently oooure that the mortgager goes into oourt and asks a sale of the property, and it is granted The stle takes place and the proceeds are surrendered to him a'ter the payment of the amount of mortgage. This is ti.e case, 1 am aware also in Kentucky, as well as many other States. At all events, he has a right to go into court for the purpose of effecting a redemption of the property upon payment of the money due upon mortg ge. The objection, it it does exist, can only be made by demurrer. Bat no nob objection dees exist. But 1 was prooeeding to state my views regarding the banki upt aot Taking the first, third and tenth seolions together, the aggregate view of the whole is, that th? assignee is invested with the propeity, and has all rights which the bankrupt had; that lie is bound to effect a sale to reduoe the assets to cash, and to pay it over to the creditors acoordiDg to their res psotive claims. This btiogs me to a consideration of the proviso in the seoond section ol the act. And what is thai proviso ? What is provided by the proviso? What ie expeoted from the operation of it ? The proviso simply declares, that the rights of minors and of married women, mortgages, and other liens, valid by the laws of the several States, shall not be impaired, annulled, or destroyed [ vlr. Clay here quoted from the act ] Now, may it please the Court, it is not the property that is exempted from the operation of thelaw; it is the property to which the rights of these married women and minors are attached, that is excepted It is not the mortgaged property that is exaeptedfrom the operation of the laws it is only the seourity, only the rights, only the interest, to the property on wnich these several liens or encumbrances exist,that are excepted from the operation of the law. Now, it is a very fair and very proper mode in the construction of statutes, to oompere one part with another of tlie same aot; and if you find that the legidature has employed one particular mode of expression when treating of an analogue subject, and another mode in another part of the same aot, the result is, that there was a 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 the attention ol your Honors to a case where Congress really did Intend to except from the operation of law. not the rights in the thing - net the interest in the thing, but the thing itself You will find in the third eecttoK tnis proviso [Mr Clay then read the proviso J Now, if it lied been the intention of tbe legislature t<> except pTopervy from tb>- law. and notsimply to preserve the rights in the property, the langusge ol this proviso w old have been very d.ff-reut. But, I repea sir, it is not property which is excepted, it is the interest in property ?it is toe nen -it is the mortgage it is the right or interest wuich the inarrn d wotnnu or oil or has in prnpeity l'iie wnon- argumeut that h*s Oeen addressed h<re "gains the interpretation Ol the aot for ?uiuh we are Dow conteudi g, has been founded u^ion mis Hrronmiur assumption Hint it to-; bankrupt administer upou the prwpmy.it ia d?siru.jiiv? to tor rights of mortgagee* ana lien holders But uo auoh tbmg ?no auch decision baa breu made No tribunal would iikyo ventured to tinny the obligation which it ia under to rrapatu tbe liana, mortgagee, tba rights ot married woman and Infanta that may exist. Mir. I anali not take up tbe time to answer the objections which my wortby frland baa made in regard to commiaeionera and reterann In any oourt, Kederat or State, there are certain commiaaionera and refareea, but I belisvn they are unt eo great iu tbe bankrupt court of New Orieana or they would be in the State oourta of Lousiaua But puraue tbia aubjaot a little farther, and trace out aomr of the ooneequence* which wouid r ault from the argu rnanta on the other aide Now, If a apeoial mortgage upon a specific piace ot property! except* that property from the operation of tbe bankrupt law, then a general mortgage upon all the property of a bankrupt will equally exonerate all the property of that bankrupt from the operation of that law What la the fact In regard to all theee rlgh a and liena' The rigbta, for inatanee ol married women .' The wife baa a right to her dotal proportion of all the property of her liuabaud. Kvery particle of It la charged with that right, which ia termed by the olTll law the marriage partnerabip This law continuee during the oontlnuanoe of the coyerture The exiatenee then of the right of Mrs Benka in Banks' Arcade, and the existence ol mortgage upon it,, would exempt the whole property. So, aieo, with regard to minora In the oeae of a minor haying a guardian, bla whole estate la bound; tbe lieu diffuses Itself upon the property ot the guardian And (or this eary case you will And, in the doonmwgtwhieh was omitted when the case was originally sent up, there exists a mmor; and. of course, if in* doctrine contended tor, that any apeoial mortgage excepts the property, it results that a general mortgage excepts it, and it farther results that thsre Is a total exclusion of administration of the property of the benkrnpt In consequence of the existence of this general mortgage, but how are rights of tha wife and minora to be prot a ted ' Ask the learned counsel, with the apparent belief that there la no setiafactory answer. 1 wiU teU yo? W YO W YORK. SUNDAY MOR how. There la an insolvent estate to he administered, or, as In thia case, a bankrupt estate What la done by the civil law 1 Your honors are more familiar than I am with the proceedings, but I know that it is made the duty of the person administering to exhibit a tablrau of all the oredltors, arranging thorn according to their respective privileges, and when the estate is reduced to cash iu distributing it, the privileged claims are first paid, beginning with the wife and the minors and extending to the oases of mortgagees, if their mortgages were executed after the ooverture, and then amoncr the iri.nerftl fireillten anrtftrrttnar tli.lr respective rights. And so, sir, while it is necessary to make sale and to clear up the administration of the estate in the oases of Myers, according to the provisions of the oivil law, there is what is oalied a family counoll held, whioh can muke a general mortgage, providing that the guardians of the estate of the minors can elect a particular part of the estate, leaving the residue to be disposed of by him as he pleases. This is done on consultation of the family, who are supposed to be sufficiently interested to take oare of the estate. So there are modes by which, by the intervention of a oourt of justice, the rights of miners, and of married woman, spread as they are over the whole estate, may be eonfined to' a particular portion of it, leaving the residue to be'dlsposed of by the husband. The learned counsel who addressed you yesterday, addressed tome observations to the Court in respect to pawns. What, said he, has not the pawnee a right to hold the pawn until payment? Will you wrest from him the possession? Why, no; Ijadmit, that in the oass of a pawn holder, you cannot take away the pawn; and this proviso in tbeseoond seotion, embraces a great variety of liens and encumbranoes. Suoh a one is to be treated ac oording to itx nature and looal character, and all the rights whioh pertain to it are to be given it, and retained inviolate. And here we find a reason for the 11th section of the Bankrupt Aot, on whioh my learned friend relied to show that there was no other mode by whioh an assignee could redeem a mortgage, but by paying the amount due upon it. Now I will tell you what strikes ma was the reason for intreduoing this eleventh seotion. It was not to enable the mortgagee to redeem, upon payment of the amount due|; he had that right before ; and when it falls to the assignee, the right to redeem goes with it. After examining the previous seotlons,it will hardly be deemed neoessary that this eleventh seotion should have been introduced But there are two or three cases provided for in this 11th eeotion, in which, if they had not been so provided for,there would have been no power in the bankrupt to aot, as in the case of a pawnbroker, where the money is not due, but is to 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 seotion you could not annul the matter or destroy the rights of the mortgagee- -you could not have anticipated the day ol payment. But for 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 thus liberating the property It seems to me, then, that we have a plain and simple mode of proceeding. The first seotion tells you what is to be done; that a suit is to be brought, in whioh the bankrupt is to be plaintiff, his creditors the defendants; that a schedule of the property is to be prepared The third section tells you how it is to bs referred to assignee; that the iuveatment is complete without any further memorandum. The tenth section tells you how the property is to be disposed of; that it is to be reduoed to oasb and distributed among the oreditors, aooordiug to their respective privileges. Tile proviso to the second seotion tells you that notwithstanding any provision in this aot, oertaiu rights shall he preserved 1 have shewn you bow they are to be preset ved; hor, instead ot having large estates to administer, bankrupts in the State of Louisiana will, in nine oat.es out of ten, have nothing to administer. I have shown that none of these acts are to be annulled; that the wife above all others is to be taken care of, and that orphans are not to be neglected ; that the mortgagee, tbe pawnee?every one of the incumbrances, no matter what its nature or character is to be taken oare of; that all this isto be done,not in consequence of any action on eiiher side, but by the operation of law for tbe purpose of justice And here let me remark, in opposition to the learned counsel on the other side, that, speed -railroad speed -is what every creditor wants. K very one wants to know what isto be his condition. and surely twe years is not so lrightfully rapid in point of time an to incur any degree of reproach for over hH8tness in tbe administration ol j ustloe But the learned counsel cites th'.s case as an example of the spirit of litigation. I have shown you already that the reproach of litigation is far more rare than the allegation of delay and procrastinating judgment; that this very city bank nuiuu uh iiiTimcu iu? luierpinuiua 01 cam court, relying upon the doctrine* of law as laid down by the learned gentleman; that very oily bank forbore to Interpose, or to offer aay obstacle during the long period of the progress of these proceedings. It was this very city bank, when appealing to a State ceurt when they failed in the Qrat instance, only appealing afterwards tp a new Supreme Court, which, like new things generally, sweeps ?ith a pretty long broom, for we sec that one handle is attempted to be rxtendedjlo the city of Washington; for, not contended with the decision of the bankrupt court? not content with the decision of the Supreme court of their own State, it is they who now reproaon us with a spirit of litigation?it is thsy who, after attempting to disturb long settled principles and doctrinos, are bringing forward and attempting to case npon us this reproach. 1 think 1 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 whioh arise in the case ?of which my learned friend hae made a very short disposal. Ileoousiders these point*. that is so say, to the fact, that the tirst and older mortgagee was cogni/.ant Of the proceedings of the court; assented to the sale ; or at least, offered no opposition to it, the fact of the erasure of the mortgage by a competent tribunal whose decision stands unreversed ; the effeot.of all whicn had occurred to the olty bank, in oonsequenoe or its silsnoe ; and the learned counsel seems to think that all these points are without the jurisdiction of this court; and that under the act of 1799, yon are restrained trom 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 respeot, and I trust I shall not be unsuccessful in showing to the oourt that your honors are bound to look at th whole case as it stands. Allow me, without troubling you with quotations -tor I bare always a disinclination to occupy the time of the court with reading authorities -allow me, I say. to state what I understand to be the course of the decisions upon this subject:?If a man bring up before you a title derived from the laws of the United States, it is a fit subject for examination; but if be bring up another sort of title?a new and independent title, as is said in the case of Lane against Matthews?you will not look at it. Vou bare no authority to do so under the act of 1799 I'his Court has also repeatedly deotded that it Is not n> oeesary to show from the record in so many terms that a qur stion arises under a law, a treaty, or the Constitution f the U. States ; it is sufficient if the Court peroeive, ' or can ordinarily infer from thereoerd that the question arises under the laws or the Constitution of the U. States. Now let us advert to this restrictive clsuse contained in the aot of 1799, by foroe of whioh my worthy triend endeavois to deprive the Court of ihe power of looking at this oass in all its points. [ vlr Clay here quoted at length from the aot of 1799,and then proceeded J ' But no other error shall be regarded as a ground of reversal in any such oases than such as appears upon the face of the reoord and immediately respeots the before mentioned question of the validity of the title, kio.'' Thus says the aot You are forbidden to allow to l>? assigned , or to regard as a ground of reversal any question but such as effeots the validity of the title, suoh hs grows out of the construction of a treaty, of a law, or of the constitution which the reoord discloses You are not forbidden to look at the whole reoord, nor restrained from making anything the ground of reversal other than that which it uUclose*. Now I am free to admit, that If the three parts to which I have alluded have do 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 th* oourt below But whioh of them is it which can be said to have no relation to the question of title ? We say that the prior mortgage* was fully notified of tne proceeding, and that he contented to th esale ji th* property by not eppesiug it The tear' ed counsel said yesterday that there is no evidence of notice that tbe wtlting is no* produced But the oourt below **y* it was produced there and whether M be on record or not. is no matter But if It wer- not th re- if the first mortgagee had not assented to tbe sal-' ol the mortgeged premises by his subsequent petition to th court, and hie prayer for the application of the pro :mpUs <o tbe payment of his inor'gage. au I by ui* reiv p Won of tbos- proceeds he ratified and confirmed the , ro ceedings, he is receptiou of the proceed* reverting baek Upon the proceeding* of the sale, rer.gets them Valid it they bad been invalid and gives them all the fore*and silent which they wonld have had if he bad himself come into oourt, and in tne most autbortaitve manner author ised the sale It may be Said that when we show that tbe first mortgagee has assenird to the sale and re oelved tne proceeds of tbe sale, and that this all occurred iu the Bankrupt Court, can it be alleged that this has no relation, in the language of the act of 1799, to ourtttk? Can it be said with respect to the third question, that is the erasure of the mortgage that it has no respect to our title ? Why, the erasure was ordered by the court prior to the sale. It was commanded by the Bankrupt Court, after tbe eels, for the express purpose of giving us the very title whioh your Honora are now invoked to decide upon t he bankrupt oourt makes an order upon the Recorder to erase the mortgages The Recorder refuses compliance. The assignee then goes iuto tbe Parish court with that order, as authority for demanding the mandamus from that oourt Now it was urged by tbe learned OoUusel, yesterday, that bis client, tbe City Bank, was no party to this proceeding of erasure of the mortgages I hop* I have shown that it w*?

it party That It wan all times notified, and although It turned a deaf ear to the notification yet I need not any to thin court that it doen not depend upon the mere option of the Oty Bank at to whether It will or will not be a party It in mule a party by the bank ruptlaw reorntly panned by Congrens. And here let me pause for a moment. Suppose that the order for the eranure cf the mortgage had been complied with? supponr the recorder had done hia duty and eraaed the mortgagee. would not the City llank have been a party to that trannaction? And if it would hare been a party in the oane of the obedience of the Ileoorder, can the wilfulnean of the Recorder . or hla.refractory aplrit, operate upon the condition of tne parilen ? i imagine that a compliance on bin part would undoubtedly hare operated Jan a non-compllanoe A refractory and obstinate" d'cponltlon on the part of the ofltoer oan oreate no right* Hut what waa the proceeding of the pariah court? It waa a mere mininterial oonnequence of the proceedings of the bankrupt court The bankrupt court ordered the proceeding* to be eraaed. The ofloer refilled to obey, and the order wea oarrted into the i'arlab Court for the purpoee of en - i >RK E NING, FEBRUARY 13, 18 forolng obedience. The Parish Court took up the question, end oonsldered whether it ought to interfere, end inquired whether the federal tribunal might not Itself exert authority to compel the oomplianoeof the reoord er with his order. But they finally came to the conclusion, that from comity and respect to the federal authority, ther ought >.o interpose. They ordered the mandamus to Issue. An appeal was taken by the officer to the Supreme Court of the State, and that court considered the same question which the Parish Court had oonsldered. They inquired whether the Federal Court could of Use if, hare exerted the power neoeesary to enforce obedlenoe, and they oame to the same harmonious oonolusion, that it was the duty of the oourt to afford all the means in its power toenforoeobedienoe, and they accordingly affirmed the decision of the Parish Court. The erasure then took plaoe. Now, has this no relation to our title? ( an it be so argued? Why, sir, it is a part of the eery proceedings that was neoesaary for the perfection of our title: the remoral of all incumbrances and obstacles, making tor us a dear and perfeot title. Now. lthe llast of the points?whioh this learned conn Ml supposes that thla court has no right to take notice of?is, that when the right whioh your honors are called upon to deeide now, was acquired by an operation of this notorious oharaoter, this party, the City Bank, laid by as silent as the grave, inactive as any ofajeot that we can oonoeive of. Dees not this relate to our title? Does it not end to perfect it ? to seoure it? Is it not a title derived under your laws, whioh Is now attempted to be set aside But what has been the oourse of your decisions ? This is really a question that in progress of time will beoeme verv important; and it is, therefore, I desire to dwell upon it a little longer. The learned oounsel says you are only to look at the question of your title. Well, may we not look at other titles ? Suppose the other party had some tltlo ? Suppose, after examining our titles you say this is a good title, and unless there is some better title, it must prevail. But acocrding to the argument of the learned counsel, having tooked at this, you can look at no other. Vou are thus restrained from giving judgment upon titles arising under (he laws of the United States. Suppose this title was, on examination, found to be good, and in conformity with the laws of the United States, has the other party no right to put forward a title in order to destroy ours ' Aud if you may, for the purpose of destruction, look at a title arising under the laws of the 1 nit-d States are won not at liberty also to look atene which ten.is to s.i?,aiaand uphold it f I take it, that, upon rsllsoti'.o ' I its consideration, you must come to thenonciu-iofa t sir eh I have brought my mind, that although this w m hare said, oannot, aa In the case ot Lane St Mat hews look at any title whioh involves the interference of the t ourt, yet they will look at the title of the adverse party, compare and contrast it with the particular title under consideration, and decide according to all the proofe and oiroumstaDoes thus presented 1 hare been, unnecessarily perhaps, discussing this point, but lam happy to be able to oall the attention of your Honore to the opinion delivered by his Honor Judge Catron, in the case of Choteau, whioh is to be found in 3d Howard, 372. [Mr. Clay also referred to varions other authorities to sustain this position ] I think, then, that unless I am entirely deoeived, I have euooeeded in showing that the three points to which I have oalled your attention, have all, in the language of the restrictive olauseof the aot of 1789, an immediate respect to the question of the validity of title whioh was brought for your oonsideration. Mr Clay next prooeeded to ehow that the prooeedinge in the oase had been conducted in entire conformity to the lawe of the State of Louisiana. He oootended that the oase was muoh stronger than the reported oases, being one where the erasure took place upon due notice; whereas the oaaes to whioh he had referred, were those in whioh the erasure took place without notice to the opposite party [He continued to fortify his position by numerous arguments, whioh were extended to a very great length, a report of whioh will be prepared to-morrow, and concluded by advertlug to the general operation of the bankrupt law, and of its effects upon the people of New Orleans in particular ] I was told, said be, 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 olty. was now to be toand In the same position. They had all become bankrupts, and nearly all the property of the State of Louisiana had ohanged bands in oonsvquenoe of this law. And I will venture to say, he added, that if a tornado were to sweep over the fair fields of that State, or if the majestic Mississippi were to overflow its banks and inundate the country, the sweeping destruction that would eneue from the one or the other of these calamities would not exoeed in its results the disastrous streets of this law, as oairied out under the decisions of the oourts there. Of all the oonoerne of man, in his social condition, none soaioely is eo importsnt as a settled, firm, and upright administration of justice. If ever it should be the lot of the people of this country to lose their hope and confidence in every other department of the government, and your honors stand up like honorable men to the perfoiniaoce of the duty whioh rests upon this august tribunal, still while property is seoure and justice is ad' ministered with impartiality, a great measure of prosperity and happiness will continue to be enjoyed by this people. No government, however nominally free it may be, in whioh justioe is corruptly and partially adminis tried, o?u be ? g?v?rnment for a nappy people. And Allow me to aey, that; no government, however despotic end absolute and tyraanioal it may be, can be a governI ment in whioh there la not a great meaauro of blearing and happiness and prosperity enjoyed, if the righta of persona and of property are maintained and preserved, if justice ia duly and impartially administered, and there ia confidence reposed by the community in the tribunal) of the country. Philadelphia, Feb. 1'2, 1848. Attempt at Forgery?The Saturday Courier Case?Snow Storm, fyc. A bungling attempt was made yesterday to pass 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 signature was entirely different from the genuine, and was detected at once. Gyrus Christmas, the young man who presented it, set off with the por ter of the bank for the purpose of calling upon the person from whom he pretended to have received it, but on the way he attempted to escape. He was subsequently arrested, and committed for another hearing Major AbnerG. 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 .Supreme court to'have that sentence reversed as regards the hard labor imposed. The argument was heard this morning, Attorney General Ohampneys and Henry M. Phillips, Esq., for the prosecution; and David Paul Brown and Geo W. Barton, Esqrs., for the defendant. Major Daniels was a respectable merchant of Kentucky. and had been a whig member of the Legislature. He was brought here as a fugitive trom justice. An application was made this morning in the Equity branch of the Court of Common Pleas, by the counsel lor 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 sliare of the interest of his deceased partner in the establishment, and have it legally transferred. This motion was resisted by the counsel on the opposite side; who ashed that Mr. McMakin lie required to pay into court the lull amouut of his bond, $30,000, in order that the $15,000 for which he obligated himself that the iiu.lt should bring at the sale couid be paid over to the legal representatives of his late partner, and also to secure their proportions of the profits up to the day of sale. The court fixed next Friday tor hearing the argument of these motions. In the Court of Oyer and Terminer, this morning, an application for a new trial was granted in the case of Michael Bedding, convicted a year since of murder in the first degree, in having k lied Pi ter Hurd, on hu oyster boat, a sh rt disi nee below the city. The judges were oivitled in opinion as to the propriety of granting the rule, and this has prevented a decision beiug prououueed This morning Judg- CainoDeii read ins opinion, making the rule absolute; J u> ge Parsons gave his reasons for an entirely diflereht decision, and then Judge Kelly divulged his opinions, which, agreeing with those ot Judge Campbell, the prisoner is to have another chance for Ins lite. since ot participating in a riot up town, received a light sentence of tnree months' imprisonment, on account of previous good character. A show storm lias set in, and we have the prospect of a few days sleighing. Miscellaneous. A news-boy, about 1-1 yearn of age. named John llines, in attempting to jump from th? Baltimore train, at Broad andSpruoe streets. Friday atternoon. fell between two oars, and waa crashed In a moat dreadful manner All four or the wheels of the bindmoet oar went o\er him, grinding his right leg to atoms, and literally outtlng him in twain from the groin across the abdomen. H* only survived a few minutes The amount of travel between this city and Boston, tho present winter. Is said to be lees than during any other winter for five years past 8t. Peter's Cathollo Church, In Troy, with its organ, Sto ho., were consumed by tire, at 1 o'oleok, on Thursday. Governor Shank was Improving In health on Thursday evening He ie at the residence of a friend, a short distance from Harrtsburg Another of the Taghkanio Indians has been arrested; his name is William Wheeler, and is held with Vantaeeel and. Van Waganan, who were arrested a few days since, for examination. Ths Le Roy Gattite says that over twenty oases of small pox have oown1 red at Bethany. Another land slide is feared at Troy. A large crack, eays the CArunefypr, has been discovered in the hill back of the town, and aevaral families have deserted their homes la alarm, [ERA 148. MUmi. New York Uivivehsitv.?Dr. 8. Bedford's Introductory I.teture It a count on Obtttlrici and the Dittam on irotnen and Children.?The lecture on the above important and Interesting subjects by Dr. Bedford, delivered at the University of New York, is of a obaraoter to demand more than ordinary attention, and to call for more than merely a transient notioe. There is not, perhaps, in all the range of medical sclenoe, extensive as it is, any one branoh so highly important as that whloh forma the subject of this leoture, and while we are ready at all times to do justloe to the American and English schools, while we are willing to admit their general acknowledged superiority as medical practioners over the physielans of all other oountries, candor and juetloe compel us to say that. In this particular department of medioal praotioe, they are lamentably and deplorably deficient. There was a time when If we had said that Paris ?? - tk. ..I. ik^ndnn ikla ksnvtok waa aimnoaafiillir cultivated, the observation would have been generally oorrect. But now we are able to say, with equal pride and pleasure, that New Vork olty, by the labors and talents of the medical department of the New York University, oan vie with Tarts itself in being Its equal in the extensive, thorough, and skilful proseoution of this most important department of medicine It is. perhaps, Incalculable 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 a consideration of the oonneotion of these symptoms with the oonditlon, the sympathy, and the aotion of the uterus. The following cases mentioned by Dr. Bedford in his leoture, will better explain this interesting subjeot The praotltioner, who desires to treat successf ully the maladies Incident to the female, must bear constantly in mind the numerous sympathies by which the womb isalllsd to almost every portion of the system The life of the patient, indeed, will often depend on this knowlodge How often, for example, does it oocur that the first indication of disease in the uterus is exhibited, not by any local disturbance of that organ, but by the manifestation of some of the numerous sympathetic phenomena. 1 have repeatedly been oonsulted by ladies who have suffered severely for months from local pain in tne stomach, kidneys, liver, or some other importnnt organ. They have had various remedies applied, having been treated tor disease of the liver,kidneys. &o., but without benefit On a minute investigation of their case, I have found disease of the ueok of the womb, sometimes slight, sometimes of an aggravated character, to be the sole oause of all their suffering. In restoring the womb to a healthy condition, their pains have at once subsided. The following oase will illustrate foroibly the absolute neoemity of constantly bearing in mind the infiuenoe exerted by the womb in oertaln forms ot disease ?During the month of February last, I was requested to visit a lady in conaultatiou with Dr. Whiting, of this olty Several medical gentlemen, among whom *as Dr Willard Parker, bad, previous to my visit, ssen and prescribed for this patient. When I saw her, in company with Dr. Whiting, she was apparently near dissolution. Her proetralton was extreme; her countenance almost hippooratio; in a word, her friends had abandoned all hope of recovery. The particulars of the oase were these : ? She was the mother of one child, seventeen months old. About a month previous to my seeing her, she had occasionally been troubled with nausea and vomiting, and for the week previous to my visit she had vomited incessantly She oould retain nothing on her stom.ich; the vomiting resisted every remedy that had been administered. it was under these circumstances tnat 1 was called to her. The medicalgentlemen who had preceded me in attendance, ordered cups, leeches, and blisters over the region of the stomach, with various internal remedies hut all without the slightest appreciable effect. The vomiting was still unchecked, and ber death hourly expected. On examining crttioaliy her case, I atrlved at the oonoluslon that the vomiting was merely a symptom of trouble elsewhere, and that no remedy which could be addressed to the stomach would be of the least avail in rescuing her from the imminent peril in whioh she was placed. In putting my band on the abdomen, I found the uterus enlarged, and occupying the hypogaetjrio region. The alarming situation of the patient would not j uatify 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. tbat the vomiting was sympathetic, produced by irritation of the womb I therefore suggested the propriety of endeavoring to induee 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 almoat hopeless as the case was, I introduced a female oatheter into the womb, and ruptured the membranes; in a short time ths uterus contraoted, and a mass of hydatids was thrown off Immediately, ae If by enchantment, the vomiting ceased The patient, after a tedious convalescence from her extreme debility, recovered, and is now iu the enjoyment of robust health. There ie one branch of my department, to whioh I have made no allusion, and yet it is one involving the discharge of the moet stored duties. 1 refer to the various medico-legal questions, whioh the praotltioner will occasionally be oalled upon to determine?questions on the issue of whioh will often depend oharaoter, liberty, and i life itself. Take, by way or illustration, the subject of i pregnancy Your opinion will frequently be invoked in questions of doubt by the judges and lawyers of the i land; it will become your provinoe to stay the arm of the law in the execution of retributive justice , and, on the aoonraoy of yeur decision may depend, not only the well-being of society, and the happlnese of individuals, but human life itself will often be at your mercy. The question of the existence or non-existenoe of pregnancy is, under certain airoumstanoes. one of the most.embarrassing. whioh 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, ehargee the father of a family with having violated her person ; no 1 thus, with a view to a successful plea, feigns pregnancy. Again, a female who has strayed from the path ot virtue, and wno has become impregnated, anxious to conceal her own shame, applies to a practitioner, and endeavors to delude his judgment by requesting to be treated for the dropsy In speaking of the difficulties with whloh the physician has to contend in arriving at a just opinion on this subject, Van 8witen exclaims with great truth: " UndiifUf fraudts, undii/ue iitpt iniid* iliuuntur incseiii." But occasionally, it will devolve on you. as practitioners of medicine, to shield Innocence against the assaults of the base and wioked, and proclaim a triumphant acquittal of oharges, whloh have been preferred by a reckless and oruel world. I beg yonr Indulgence, while I cite the fallowing case, not altogether void of interest: Some time since I received a note, requesting me to visit, without delay, a 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 reoeived by her father, a venerable and accomplished gentleman. He , seemed broken in spirit, and it was evident that grief had taken a deep hold of his frame On being introduced ' Into his daughter's room, my sympathies were at once J awakened on beholding the wreck of beauty whioh was 1 presented te my view. She was evidently laboring under phthisis, and It was manifest from her wasted frame, that Death had claimed his victim. My presence did 1 not seem to oooosiou the slightest disturbance, and with ' the smile of an angel playing on her countenance, she ' greeted me with these words : ' Well, Doctor, I am glad ' to see you on my beloved father's aocount. for be will 1 not believe that I cannot yet be restored to health. Life, however has lost all Its charms tor me, and I 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 reoeived the follow ing history of her case Her father was a o.ergyman of high standing in the Kqglish church, and had a pastoral charge In Kugland, In which he continued until circumstances rendered it necessary for him to leave tbateountry and seek a residence in Mnerira At a very early age she had lost her mother, and had beeu almost entire- ' ly educated by her fether, whole tal-nls aud attain ments admirably titled him for the duty. Wbeu ahe had attained her eighteenth year, there was an stench ' mint formed between h?r ana a young barrister of great promise >nd respeo: anility This attachment resulted ' iu a matrimonial engagement. Soon after the engage ' uen'.sb^ began uuaeeountably to decline in beaitu ' 111-re was considerable irieguUrity In her menstrual periods, with m?re or less constant nausea, loss of appe- ' tit', inability to sleep, feverishness, aud an uncontrollable dislike to society In addiuon to these symptoms, ' there was a marked change in her personal appearance , her abdomen became enlarged, her breasts increased in ^ wze Src These changes attracted the attention of some of her female acquaintance, and the rumor soon spread * that they were the rvsnit or pregnancy The barrister P to whom she was affianced heard of these reports, and instead of being the first to stand forth as her protector, '' and draw near to his heart this lovely and injured girl, 1 thus assuaging the intensity of grief with which she was overwhelmed,addressed a letter to her father, requesting to be released from hie engagement This, of couree. was assented to without hesitation The young lady, eon ? scions of her own innocence, knowing better tban any one else her own immaculate character, and relying cn , the mercy of Heaven to guide her in this her hour of 1 trial, requeued that a physioian ehoutd be sent for, In order that the nature of her oaee might be fully aecer- a talned. A medioal men accordingly vieited her ; and 1' after an inventlgation of her symptoms. he Informed the if father that ahe was undoubtedly pregnant, and that meare should be instantly taken to keep the unpleasant n matter nee ret. The father, indignant at thin cruel j, imputation against the honor oi his child, spotless as he knew her to be, spurned the proposition, and immediacy requested an additional oousultation. ? This resulted In a confirmation of the opinion previously expressed, and the feelings of that father can be better appreciated than described Without delay, st that good man determined to resign his living, gather up his little property, and proceed with his daughter to ra America On her passage to this country, she became sxtrem?ly ill. and there being a physician on board the vessel, his advice was requested After seeing the pa I plj lient (she was laboring at the time under excessive vo wl mi ting from ssa-sickness) he told the father that there was danger of premature delivery Much, therefore was I'r the general appearance of this lady, that a medioal man, \ of merely judging from appearances, at once concluded she 1 th was pregnant This wn about .he substance of wbxt , te I learned respecting the previous history of this intsr- dr mling and extraordinary woman, and my opinion *u | J? ill nil, i mwnww LD. MM VW? OMHi then requested u to the ohtrMttr of her malady. My feeling* were vary naturally much enliated in ner behalf, and I proceeded with grant oaatlon in thn investigation of her oase. Without entering at thin time into detail* aa to the manner in whioh I oondnoted the examination, suffice it to Ray that, after a faithful and critical surrey meat minutely mad* in referenoe t* every point, I stated in broad and unequivocal language that she was not pregnant. The only reply this gentle creature made on hearing my opinion was. " Dootor, yen are right." These few words were tall of meaning, and their import I could not but appreciate. They were uttered neither with an air of triumph, nor with a feeling of unkindneee toward* thoao who had ao cruelly abused her. The father was soon made uantinUH with the result of my examination, but he indicated not the slightest emotion. Hie bearing was quiet and dignified. It wag evident that he had never faltered for one moment in the belief of hia daughter's virtue, and required no aeanranoe from ma or any other living being, that hia ohild had been shamefully wronged. He aaked me with great aolioitude whether something oould not be done to reatore her to health; and I thought the old man's heart would break when I told him that hia daughter waa in the last stage of consumption. I left him with the pledge that he would inform me of her dlssoluticn, and afford an opportunity, by a poat mortem examination, of teating the truth of my opinion. A bout four weeks from tbiat ime, I received a note announcing the death of hia daughter, aod requesting that I would Immediately hasten to the house, for the purpose of making the autopsy. Dr. Ostrom, now praotising In Woshen, at my request accompanied me, and asaiated in the examination, it may surprise you. but yet it la an interesting fact to oommunioate, for it exhibits the true oharacter of the man, that during the poat mortem examination, the father stood by and witnessed every stage of the operation; hia form waa ereot, his face pale and thoughtful, and one tear would have broken the agony of hia gTinf. As he stood before me, he was not unlike the stricken oak in ths forest, whloh, though blasted and stripped of its branches, waa yat upright and majsatio. Aa I removed the tumor from the womb, he seised it convulsively, and exclaimed, " This is my trophy, and I will return with it to Kngland, and it shall oonfound the traduoora of my ohild." Here, you peroeive, both oharaotor and life were sacrificed by error of judgment on the part of those whose counsel had been invoked. Without a due appreciation of their responsibility?heedless, aa it were, of the distressing consequences which must Inevitably reault from an erroneous judgment of a case, in which character was so deeply involved, the medioal gentlemen, unjust to themselves, and to the profession of which thsy should have been in part the conservators, rashly prouounced an opinion which consigned to an early grave a pure and lovely being, and orushed the heart or a devoted and confiding parent. It w?s the misfortune of this youug lady to labor under an affection of tbe womb, which simulated in several important particulars the condition of pregnancy; and whilst the world, in its ignorance, might have supposed that pregnancy did In tact exist, yet there was no excuse for the physician, guided as he should have been by tbe lights of soienoe, and governed by the truths of sound morality. Whsn I stated unequivocally to the lady that she was not pregnant, i gave au opinion whioh i knew would stand; my examination waa oonduoted in a way which enabled me accurately to comprehend that the whole train of symptoms indicating gestation, was occasioned by an enlargement of the womb, altogether unconnected with pregnaacy, and produoed by tbe presence of a large fibrous tumor occupying the entire oavity of the uterus. This opinion, I admit, was not arrived at without some degree of osution?caution fully justified by the peculiar nature of the issue involved in the decision. Here we see at once ths danger, we might say mors strongly, and it would not be too stro .'g?the orlminallty of any medical man attempting to prescribe for any symptom or any disease of a female patient, unless hs is fully possessed ot the knowledge, which it Is the objsot of Professor Bedford to impart in this valuable and instructive course of lectures. We are glad the Dr goes into the subjsot with the zeal which he has show we are sure he will confer a benefit upon ths profession honor upon New Vork and its University, and a In blessing upon his fellow creatures, by ths talent, andjudgment which he displays, both in his ge practice, and more especially, in this, its most impi . department. Board or Supervisors. The Board of Supervisor* met yesterday afternoon In tbe absence ef the Mayor, Alderman Meseerele was called to the chair. A conversation took place, whether it was oompetent for the Board to proceed to business in tn? absence of tbe Mayor or Recorder. The act states one or ths other of them must be present. Tbe Recorder, however, entered the room, and ths Board proceeded to business. Tbe minutes of the former meeting wsrs rsad and adopted. Various petitions were read and passed, praying for a reduction of taxee The bills of several newspapers war* ordered to be paid. On tba bill of the eriar of tha Supreme Court being presented, from the noise ma le a* to tha coal* and light of the court, it was referred to a select oonamtttee. Tha report of tha Committee on Annual Taxes was read, and, after aom" discussion as to the deduction of $6*0 taxes on tha property of those engaged in military service, was adopted. A resolution was adopted, to the effect that all those officers who receive $1000 par annum should be paid monthly, and all over that quarterly. A resolution was offered, to petition the legislature to alter the act, entitled '' An Aot in relation to Jurors in the City of New York, Deo. 15, IS47:" as said act was not asked by the common council, the board of supervisors, or the people. A very animated and interesting discussion took place, and several of the aldermen apoke with considerable warmth. Alderman Ft- asx s contended, that when this law first passed, not a lisp was heard against it. Not only so, but they passed a resolution unanimously In Aver of it. But suddenly, our Iriends have discovered that It is wrong We undertook to make the application, and It was the making of this that led to the dlaoovery. If this resolution is passed, and sent to Albany, there will be instructions to change the power of presentation. That is the true ceuse. It was moved, that the resolution lie on tha table, which being put to the vote, was lost?7 voting for aad 10 agaiust it. The main question was then pat, and oarrisd?10 yeas and 7 nays. . Alderman Tubskr immediately rose, and moved the reconsideration of the question, and opposed the ground taken by Alderman Kelly and the propoeers of the resolution As the meeting began to disperse, the Chairman aaid, that from all appearances they would soon be without a quorum. Alderman r. immediately answered?I admire the in tinot by which the Chairman discovered by seating his eyes to the clock, that there would not be a quorum in a few minutes. ~ The gentleman continued to speak for some time, till there was no quorum, when the meeting adjourned, Alderman Kelly being prevented, once and again, from aniwsrin^ Alderman Purser. It wasa most beautifal piece jf finesse, and every way worthy of a time * speaking awyer." The Hanks ok New Orleans.?la the n. O. Courier of the 2d irmt., isthe report of the Hoard of Currency, showing the situation for the year 1847 of tha leveral banks of the city of New Orleans We copy mough from the report to indioate such situation:? l)n tbe 26th day or December of the said year tne aggregate circulation of those banks amounted to $3 709.05.1 00 Their deposits to 8 308 332 74 Other liabilities 1,350,371 90 Total 13 367,647 73 Their assets were as follows : ? sped# $7,678,510 01 Loin* ?na urpoiiM id iuu ? iu>turily 8,400 690 33 Due by foreign and domestic bank* 3.763 3*9 43 [Jther cash assets 3tb 090 40 Total ,. 19 0*4 699 96 Cxre.e of the movement assets 6,731 043, 33 4* to tb- dead weight it waa oimposed t* follow* : ? spiral paid In 16 676 970 00 issel* 16 161 9<4 10 debilities other than movement I 343.474 01 "ntal liabilities of movement and dead weight (exclusive of capital) 14,710 131 74 Total assets of movement and of dead weight 36,960 644 66 caving an excess ef asset* 31,340,613 SI On examination of the document* hereunto annexed, o which your attention i* called, and of wbiob we have Tenanted ynu only a brief abstraot, vour honorable bo y will nee that our bank* are In a niont flourishing oou itlen, and with regard to safety anu successful adminisratlon leave nothing to be desired. Foralge I tenia. ( .migration from Bremen lu the past year, ha* gone n te a great extent About 33,000 person* embarked in 66 ships, to the lotted states. Texas. Braxil, and South lustralia. One hundred vessels were destined to New ork alone The population of the town of Hamburgh amounts, ncording to the la*t census, to butween 133,900 and 13 uoo souls, of whom more than 10,000 profess the Jewib religion. The proposition for admitting m-mbersof the Jewish srsusslon to all commercial assemblies at Hamburgh, as been rejected by a majority of 77 votes. The Protestant communities In Kranoe have as many s loo ministers In the oountry, and number 30,000 ad rent* in Paris alone. Kourteeu newspapers are now published In the pep* ecee. Maria liulsa is to be buried en the 39th, beside the mains of Napoleon's son, at Vienna The tguecn of Spain has expressed her wish that the oseontlon of Svnor Salamanca should not be proceeded ith. The approaching marriage of the Princees Loalsa of nesla to the t.rown Prince of Sweden is much spoken at Berlin There Is also a report of the marriage of e Prlncese Caroline, born August 3, 1933, only daughr of the Trine* V asa. son of the predecessor of Berna itte. to Prince Kranols Oustavu* Oscar, of Sweden, born IB* IB, 1817. ? 1