Newspapers / Highland Messenger (Asheville, N.C.) / Dec. 3, 1841, edition 1 / Page 2
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THE MESSENGER: fbiday aionixG, DEt. I; mi. ., OnT Hero U a tit-bit of Locofocoistn, taken by tho editor of tla Lynchburg Vir '. . ginian, frora a.fKiputar Locofoco paper published Irrthat Str.rc, and. edited by aeetv tain i Mr. Fisk, who, not many years sluce '''vyas figuring in South Carolina and else f where, as a Universalis! plreachcr. . ; . v Ex-Parson Fisk; one of the Locofoco '" leaders on tiJc water, declares that ho has , i no confidence in the capacity of tho Amer- lean people for self-government. "'He says, "Wc would as soon lnve confidence in an f April suuahino or a March .wind neither is mora changeable ,-or fickle than are the -' floating mass of the American ; I'ooplo.-i-' This opinion is based mainly upon Iho re. cent apparent change in tho votcs'of the 4 people,: (tbeEx-Parson losing sight of the " .C causes that have produced it, j and upon the .. fact, which we are glad to sec- that ho has ."Mho candor to' admit, thai In Georgia f'lhc Democrats carried the election by pretend . ' ing thaV-McDonald - (Democrat) coffee, would be sit' pouDd3"to hopdoHar, and - Dawson (Whig) codec thrco pounds to tlx; dollar I" i ne party Wa0 resortcu to uus artifice, top, bo it remembercofaro' always f denouncing.-4' WiSg 'Humbugs.'. - : - : By the way, the Ex-Parson, in his frank . declaration of :want of confidence in tho V people. excellent Democratic , doctrine !) is only puitlns io words, what they .no les ; ' emphatically declare who attribute the dec- tionofGen. Harmon to the pageantry of ' "Jog cabins and conn sum,, nnu theinnu. ' ,cnce of "hard cider.1' Every man who . : believes Uus, docs necessarily believe that the pcoplearc Incapable of self-government; " nd escry man who says sn, whether he ' , believes it not, makes in effect that dccla ration.? The People ought to be much in. ' debted to the "Democracy" for these com. pi iments.- Virginian. 03" Here is ii piece of excellent advice young ladies read h but wo fear most of you will not heed it. Young ladies, it is said, hava throe wonders in reference to -' marriage. First, at sixteen they wonder icho they shall take 2nd, at twenty they tconder who they will get and at twcnty.fi ve they wonder who will get them ! , ; ' .'; "A dvice jo younO LADres.--Nver mar j ' ry a man because he is handsomo ; ho will think too much of his own beauty to take - prido in yours.- ; IN ever marry ; a man lor his paren . tagc; for "a goocTcow will often have a : bad calf." s"' Marrv ft man for his trnofl nennA. Jiminhle . temper, his Sound morak, his babits of in If . - - 0- r uustry onci economy, ana youvnnncn have a good husband, and your children .will havo A good father. Philadelphia N. American: Fiuo Potatoes. v,-!. . i .t . ' .1...- j . 1 vvewero presemea we omer any vy .Michael fllagee, i,sq., who resides near this J place, wjlh a couple of the finest potatoes t we have seen this season, indeed they wcro the finest o recllcct ever to havo seen in '' these digging Onef them weighed four .pounds, ond tho other three pounds and ' scven.cighths, after having been gathered and lam in a dry place for several days Mr. Mflgeo informed UsHthat from a half -. bushel of plantings lie saved 23 1-2 bushel? of potatoes, most of them very large. How far can our man of tho "Hamburg Journal or the man of the "Highland Messenger, in Buncombe beat this? Do ye givo it up --Highland Sentinel. . we can beat tnem mar "taters, uiree In a hill and four in tho "dish.' Why them .fic.cns potatoes arejsmau o mo. ii-cn lullow we receiveti,tliQ other nay. No! friend Ja-cob, wo don't give it up no how you can "fix it. Mack can beat you in Bun comJ all hollow. Ho has sotr.o what tjuar-4 11. J ...!.K -V -.U- . . - it; ueu wim uubiiuiucr uituui: iiiuy numu in lay farther apart in a row, ond the old fi low carae very near being scared into fits oho night, as he passed by and heard the luss they were making in the patch some or wbichaetualiy bursted out and wo will . stop Jia. Journal. . Well, w'c think it time to 11 stop," in all this fellow lias just spun out about us and -potatoes, is what we coll a real whopper - in uie poiatoo uno wearo larirom giving p to the man of the Sentinel or any other ' man as yet always excepting him of the ... Augusta Chronicle.. But just listen to this L impudent fellow cftTIing vio&tl Wty-im ,,we have just passed ourone score and ten, and if we aro called old now, wonder what will bo said if by some streak of good luck that does not always fell to tho lot of edi tors, we should get bread enongh to keep out and body together until we get to be three score and ten T . ' X HASKSUIYltli. UllViriklll u U- . . V a.. I. . tKM r. n - po'uilmcnt of days for thanksgiving and firaver. In several States of tho Union, by their respective Governors, tneuumnig ton Chronicle, Raleigh Register, and tha Greensborough Patriot, indirectly propose ' that the Governor of this State should fal low suit, and malio an appointment for somo similar purpose. " Let it bo even so, ........ .....1,1 l tlj I f "No people on earth, are under greatdr ob- llirnliiini tn & mrroiful ClnA. tKnn in nf ' theso United States, one State as much as exercises more sincerely. - V, Cten. Dryr Usees lately sailed for Eng. JanJ, tearing Govrrnmpnt despatcbes. ' c -1' Hfevrt f Ihe Week. . , Hon. Dixow H. Lewis, M. C from Ala. ha ma, lately died in the vicinity of Mobile of congestive fever. . . ; ; ; . . 1 . . Col. - James Gadsden has been unani mousTy elected President of the Louisville Cincinnati and Charleston Rail Road. Jambs Boss, Esq., has been elected Pre sident-of tlo-Sou:U'WciriGm. Rail-Uiad DaDk. ' . The Legislature of South Caroliua ha just commenced its session. The Tempc, ranee Advocate, 'published at the seat of government for that State, comss dotvn with a vengeance upon certain " grog sell era ' who haw stuck up their bills on the iosido and outside of the State House i i . - . : - p - . . Another fire has occurred at Petersburg Virginiai.1 he damage, howcypr was pot Considerable." . A most foul and atrocious murder was ro Cently perpetrated near Athena, Ten., where a Jady and her daughter,, a young Ipdy just grown, were killed by a negro b-jy some eighteen or nineteen years old, be Cpnging. to the . family. 1 hu instrument used was on o.xo, with which he nearly cut off the head j of hu victims. Tho husband and father was from home at the tfrno wTt another one of his negroes who it seems hadengaged to kill him that day, while the negro" left at homo was to kill the mother and daughter. The murderer fled, and had not been taken the last accounts. No at tempt was made on the lifo of tho husband Hon. W. C. Dawson, of Georgia, has certainly resigned his scot in Congress,' The election for his successor takes place the first ionday in January next. ' Tho rumor that Hon. H. Clay, of Ky., designs to resign his seat in tho U. S. Senate on the meeting of tho Legislature of , his Stute is confirmed. Hon. J. J. Crittenden will in all probability succeed him. Another Long Message. The message of .Gov. Richardson, of S. C, fills nearly eight columns of the Columbia Chronicle, a very largo paper.' Such a spinning out is only equalled by Will Wizaids stories about China and " Crim Tartar." N. P. Willis is hereafter to be among (he contributors to Godcy'a Lady's Book O. A. Brotcnson, notorious for his anti ctrrfeTia nTTrfCTErmbtica n , - :n ntT.Trfcgood principles, was at tho late election acandi date for the House of Representatives from tho town of Chelsea, Massachusetts, "and was beaten one hundred votes out of three hundred and fifty. -The number of persons who died this season of yellow fever in New Orleans is sixteen hundred and thirty Jim f . , Resigned. Hon. C. C. Clay, U. States Senator from Alabama, has resigned his scat. Cause family afflictions. The Raleigh Star of the 24th ult., says that the Temperance reform is going on bravely in that part of the State. , Morc than one thousand drunkards Jia ve been lately Tcformcd in the State of Maine ! Pity but a little reformation could bebrought about in these parts. One half the population of Harrijburg, PdTbvostgTiettlbc temperance pledge! Let Chapman crow ! ond keep it beforo the people ! An exchange paper j speaking of a fight tn which some fifteen or eighteen persons were concerned, nt a horse-race, callsjt a " disgraceful nfTair, so it was and so is all drinking and fighting and so is all horse Momgf The Loeos 4iavearriedrthe elections in Mississippi. - - . 'y Prince do Joinville was lately in Cjncin- najj on hiif way eastwnrrl. - A certain Mr. Noble, of New York, lately caused the death of his daughter, c young lady 2i or 22 years old, by an occt dental shot from a pistol. lie was at the jast accounts in a stato:of jmrenzy, and doubts were entertained as to his recovery from that condition. 1 The NationaMnteI!igener of the 25th ult, chronicles the arrival in that cily of Hon. A. Stephenson, late Minister to the Court of Sl James, together with several distinguished members of Congress. -- ' , . , The report that . Hon. J. Q. Adams in. tended to retire to private life, turns out to bo a hoax. - A Mr. Joseph Peek, of Washington was ately married to Miss Amelia Bushel. That was reducing bushel to a Feci ia ihort order. , Multua in patrol' j , ' They have just had a " bit of a firo" in Salisbury, N.C Dot much barm done, , .' "Latest from Florida, " - Tlie latest Florida news is given below from the St ' Augustirio News," from which it will bo' seen that the United States troops aro still, 'occasionally capturing' a few.straggling Jridians.. -.- "The News " heads the a rliclo . with "glorious news from the south." The use of that wo.d in such a connexion, is, vc think, somewhat objec Uonab;o:.-:.:.J, - . ; ; ' ;. , ' 1 From the St. Angugtino News. GLORIOUS jS'EWS FROM THE SOUTH ! ' Sixtt-tiibee. Indians killed" asp cap- tubed t v By tho arrival of the schr. Wal tcr M,, Capt. Hitchcock; on Wednesday last, nod tlm steamer wm.-Uaston, Cant Henry, on Thursday, from the Sjuih, we are.' furnished with the gratifying intclii. gence tliat Uapt. II. V. A. VVnde, 3d Artll Icry.with his company, whilst on ,& scout near a Lke between Hisboro, Inlet and tho Everglades, called Ixiko Worts, camo upon two cumpa of Indians, lie attacked themrafter killing eight, (six merr and two boys) took loriy-cight prisoners, destroyed twenty canoes ana a large quantity of pro. visions, which they had collected to carry to Sam Jones' camp, and returned without loss, to tort Lauderdale. Gnoof thepm. oners oftorwardsi offered to goaad briag in tnose who had escaped from the attack, and being sent returned with seven additional warriors, nviking in all killed and tnken; sttty.thrcc Indians, men, women and chil dren. A nol'icr . warrior lias gorio out to Z in more. . .. ., i . ' The scout consisted of sixtf Bien, com manded by Cant. Wade, and accompanied by Lieutenant Thomas and B Emmerssrti' This we believe i the largest bawl made by on officer, in fair field, dtu-ing the war; and wo congratulate the meritorious offi cors who havo achieved it. i VVc consider this one of the fruits of (he wise and liberal system adopted by the" gallaiit Col. Worth uf Ipaving a discretion with the junior offi cers to carry on the war ' on their own hook, without wnmne for orders, or in st ructions from old fellows at a distance. Gapt.Vado and LicuU Thomas deserve, and will receive, tho wholo credit orthis important service, which will go far to wards ending the war. We understand that Lieut. Wysc, with sevcnlvmeri,had started on a scoufln pur- sun oi oum jones, nccompaniea oy tjieuts. Shover, Rankin and Churchill. We hear. ! . O ' T ' II .T tily wish them success. 1 he scout from Fort Dallas, commanded by Captuin Burke, had not returned, They have been absent six orseven weeks. Major Childs had gone down to Lauder dale, and was preparing for a general scout to tho Uka-cho boo Lake. ' - The Herald gives the following pithy ac count ot the expedition. . Brevity is the soul of W it. We publish the following; nitbeESiLuJIetin from Florida which has appeared since the w.ai.omrncnccd.. It is an extract frotn a I letter of Cnpt. R..D. Wade, 3d Artillery, to a brother officer ill this city, which hss been politely furnished to us, . V copy it verbatim,: "I have no lime to write a long leUer- suffice to say I am well pleased with the result. Recapitulation : Killed, C warriors, 2 boys, 8 risoners, 14 warriors, 16 women, 30 10 boys, 15 girls, 03 Destroyed, 20 canoes, Captured, 13 rifles J 12 powder-horns, (well filled; any quantity of balls-and buck shot, and as for provisions, more than you can tell- Pumpkins, coontie, beaus, &c. No loss on my part. All returned well. Tho Indians were ready for fightTand very well prepared. Had 03 men of (D & K companies, 3d Artillery-) Lieut. Thomas and Assistant oureeon ljinmerson ncconrn nanicd. Tobacco CnewiNa. The St. Louis Gazslt's rots into a calculation to show the amount of to- bacco h man chews in a lifetime. Tho- Editor y,-4upp4 a-4obaccQ.chc wetia jddLetto Uio habit of cliewmj iQoacco niiy years oi nis uie each day Of that time he consnme two inches of solid pluj, winch amounts to lei t, making nearly one mile and. a ipiartcr in lengtn or soiia tobacco, half an inch thick and twd inches braid." He wants to know what a young beginner would think if he had tho whole amount stretched out before him, and ho were told that to chew it up would ha one of tho exercises of his life, and also that it would tax his income to the amount of 82,095. Wo guess he woiita think it a pretty considerable job, IV. Y. be. 1'ott. And in addition to this, suppose he could behold a lake of dark, slimy tobacco juice, as wide and deep as Lnke Erie, and were told that in chewing np the milo and a qnarterof tobacco, hfrwould ne. cessariiy spit or squirt out or his moutu we same quantity of the like fill hy fluid; see guess he would not undcrtiiko the joo at all. iiu. And in audition to this," suppose he were asstrreqt tngticcayeo tectn,jii luted breath, the stained lips,' the besriotted cravat, vest and bosom, that would charac tqrisc him ond-supposc he could sec the church floors ho would defile,' the carpets be would soil, and be conscious of the ire he would kindle among good housekeep ers, tho disgust he would cause among the vounccT ?f the. fair sex, and the inconven- ienccs to which he would subject himself; ice guess if he did ' undertake the job'' be would be a fit candidate for a seat on a cer tain block used by old-field schoolmasters for the accommodation of their thick-skulled pupils. . OCT We srive this week an abstract of . o , , the Bankrupt Law passed at the extra ses sion of Congress. We find it in an ex change paper, and have do doubt but it will.be read by many with interest. 1 Tho Governor of Virginia ordered a spe cial election to be held on the 2Slh ultl to fill the vacancy occasioned in the Congression al representation by the resignation of IIou. hsxx Basks.' No news a. to the result. CcDcrrtl Itankrnpt LftwC TJ: following abstract of tho Bankrupt Lts passerf at th last session ot Congress hat been carefully prujwrod, from tbe original, Tor putilica, tiou" ia this paper. All partica concerned In ita proviaioni will find it a convenient document for reference. Sentinel of Freedom. ; 1 Abstract r iitf General Batdrvpt Law, ; . , t , ic: pasted August,. 1841.'-; . ' 1. Who may be Bankrupts ? By sec. 1st," the law estaWishcs two kinds of bankruptcy the one voluntary, tho debtor himself demanding it, the other compuhmry, tits oreditor jaokine tlio oourt to declare the debtor bankrupt We shall digest tho act as regards both, in order. First, then, Who may b a Voluntary Bankrupt? Tho act, sac. 1, says, all persons residing within the United States unable to meet their debts and engagements, except those whose debts hare ori. sen ' ' ; - ., 1. From defalcation as a public officer. ' 3. . ' ' , mm m n A.Mlfnl flT lllmlnll trator. ' .. , 3. ; ' " ; : . " -: as a guardian or tnistoe, or 4. . . ' . ' while acting in any ouicr fiiliiciary capacity. Secondly, Who mav bo compelled to be a bank. runt t The act, see. 1, provides that any mer. chant, retailer, banker, factor, broker, underwrit er, or marine insurer, owing 82000 and upwards, may on the petition of a creditor or creditors to the amount of mow) be dec ared a bankrupt. ho ha committed any of tho following acts of bankruptcy, vu : ' 1. If he has departed from the state, district, or territory in which ho resides, with intent to defraud his creditor.- 2. If be shall conceal himself to avoid being arrested 3. If he shall willingly or fraudulently procure uunscii io do arrcHiea, or nis property iu dv iczui. ly seized for his debts. . 4. II lio Blmll remove.or conceal Ins goods to p:i tlicniikiut or danircr or process, 5. If he shall fraudulently convey ortrAiufer his Iinds, poodj, credits, or evidences of debt uceurrm? now to 'voluntary oanwupicy, wo will inquire now a person must proceed woo wisn es to bo declared bankrupt T Sec. 1, provides tliut ho must present a petition to tho proper court, vemGcd under oath or alUrnmtion, setting forth list of all his creditors, Uieir respective places of residence and tbo amounts due to each of them, toeether with an inventory of all their property, rights and credits whatever, and the location and situation of each, part thereof, in which petition they must further declare eneinseives unable to meet their debts and engagements, JNext lot us ace how should creditors proceed who wish that any debtor should be declare bankrupt 1 They also should present a petition to the same court, statin? that be owes them to the amount of $(500 ; that he is such a person as the set, as before stated, makes liable to bo declared bankrupt ; that be owes at least 8!2uUU ; and that he has committed one of the above specified acts of bankruptcy. On tho reception of every such petition, notice shall bo published in ono or more of the papers of the district, at leant 20 days qcfore the heanjng, at tho time and place of which all persons interested may appear and show cause against the decree of bankruptcy the evidence at the hcannjrto oe an. der oath or affirmation, oral or by deposition, be fore the court, its commissioner, or a disinterested judge of tho state where taken. ' Alter the hearing of such petitions, presented either by the debtor or his creditors, the court by uecnw will arciarc iiiopcrsuu jrcuuumug, ur jtcu uoned arainst, bankrupt. But any person so declared a bankrupt, at uie instance of a creditor, may have a trial by jury to ascertain tho fact of such bankruptcy, it he pcti lions tho eourt for- that purpose within ten days after its eccrec if bo docs not, the decree is nnai II.-Xfl eeeree of Bankruptcy and it effects, By Bee. 3, it is peovided that all thepropcrty and Ttghtsofpreprtywatoevcrofpcrgonswhosliail be declared bankrupt shall, ipso Jacio, lrom the dato of the decree, be divested out ot lira bank rupt, and veatrd in an assignee, to be appointed by tbe Court, who shall thereupon be clothed with the samo rights as to his properly which, till that time, the bankrupt bad; to act, however, under tho direction of the court ; excepting the neces sary household and kitchen furniture, and such other articles and necessaries of tho bankrupt as tho assignee shall designate and set apart, (alto. gother not to eicccd $SJ U worth in any case, to be selected according to the family, condition and cireumstanceb of the bankrupt :) and also tho wearing apparel of the bankrupt and his family shall be excepted and retained by the bankrupt.' By sec. J, it is provided that all future payments or arrangements mado by a bankrupt irt content plation of bankrnptcy, and for the purpose of giv ing any of his creditors the preference, and all other payments or arrangements by a bankrupt in contemplation of bankruptcy to nny person not bona fide purchoRCs for a valuable consideration, without notice, shall be decrme utterly void.and the assignee be entitled to reeovcr-the same as part of the assets of '.he bankruptcy. JJnt this is not ntcndod to invalidate bona lido dealings with the bankrupt done more than -two months before; the petition filed by or against hun, if tho other party to them had notice of any intended act of bank ruptcy. or of his intention to take Uie benefit oft this act. ' r .,; IIIT-V Discharge: I, Ween a bankrupt is, and when not, entitled to a discharge, By see. 4, If a bankrupt shall bonirtde smren- der ull his property and right to property, those excepted as in see. 3,) for the benefit of his credi tors, and shall fully comply with this act and obey all tho orders and directions which may from time to time be made by the proper eourt, he shall bo entitled to a decree of full discharge from all bis debts. Biil-rw, if a-majorit jr-in humberiind -rclueof his creditors who havo proved their debts shall file tltcir dissent thereto, Not if Itoshall lie gniltyof any fraud or' wH ful concealment of his property or rights of pro- pei-tyr- . Not if lie has, in contemplation of bankruptcy, forhe :g aTeditororxrtherpcnron a preference, or priorly arranged any h his debts by payment or otherwise. . . Not if being a voluntary bankrupt, Jic has since the first of January last or at any other time, in contemplation of the passago of a bankrupt by-assignment or otnerwisierTTOfeTTCdTsrieT creditor over another, unless a majority in interest or lus unprefcrrcd creditors assent. See. 3.j Not if ho shall wilfully omit or refuse to com ply with any order of the court, or conform to any other requisite of this act-" Not if be shall admit a false or fictitious debt against his estate. Not if ncing a merchant, Sec, he shall become a bankrupt snd shall kot have kept prope'r book or account, alter the passing of this act. Not if after tbo passing of this act, bo shall have applied trust funds to his own use. Not if before discharged, unless bis estate pro duce, after all charges paid, 75 per cent on tbe debts allowed. Sec. 12.J - 9, How it Ikit discharge to be obtained t 1. Tho bankrupt must file a petition for that purpose. '." . 3. ftmety days from the date of the decree of Mnknrptcy must expire before tho court can de. ereedisehargo. : " " ; 3. He must give 70 days notice In a newspaper to be designated by the court, to all creditors pro ving their debts, and other persona interested, to appear at a certain time and place to show cause why suoh discharge and certificate thereof shall not be granted-and 4. rcrsonal notice or by letter as tbe court shall decree, to all creditors whose residence is known. (See. 4.) . - - ' 5. Un the day notiOcd tha bank nipt and his creditors shall have a bearing, and tbe reasons for and against his discharge shall bo eanrsssecL Then, and at all other times, before tbe court or eoart's commissioners, the bankrupt shall be sub.' jeet to examination orally or on written mterroga- I lories, ito caU) ot asarmsuon, )n n matters rclat. ing to bisbankrcpley, bis acts and doing and bis property and rights of property undt? the supervi. sjonof the court. , (See. 4.) .'.:: ;',---T-- 3. Tit right of the bankrupt, if at fir tt .pre. tented from obtaining hi dWAorga.. :, 1. (iby See. 4 ) If at the hearing, a majority in number and value "of the creditors proving their doblH, filo their written dissent to the allowance of tbe discharge and certificate -or , . 3, If tlie court under the cuenmstances shall refuse a discharge, the bankrupt may demand a trial upon a proper issue to be directed by tho court, or, further, . , - . J. 3, In tho latter case, he may appeal from tho decision of tlie court, within -ton- Jay,. to tka cir cuit eourt of the United States, to bo hold for that district ; submitting his case to tha oourt alone or a jury as he chose, and, ' -' V ' ' i. If Uie court shall be satisfied or a jury shall find that he ha made a full disclosure and surrender of all bis estate, and has in all things conformed to. the directions of this act, the court shall make a ducreo of discharge and grant a certificate thereof. :'. - j Moreover, if ,on Lis examination, ,the bankrupt swear fabtcly, he shall be guilty of and punishable for perjury, as puuished by t the United States -hMMW . -..: :' : , . : 4. The operation of diichttrgt, ' ' . ,H (See. 4.) A discharge and certificate shall In all courts of justice, be a full and cnmpleto dis charge of all debts, contnets, and other engage EKHts of Iho bankrupt, ahlcii aro provable under tbo act ; and may be pleaded as a full and coin, pletebar to all suits brought in any court of judi eaturu whatsoever, and thall be conoliisivo evi. .denee nf itself in favor r the bankrupt, Unless impeached for soinls fraud or wilful concealment of asset by him, on prior reasonable notice, spe cifying in writing such fraud or concealment. - Hut it thill not discharge any person liable for the name debt as partner, joint contractor, surety, or otherwise. - : iV.-v ...:--' . It shall not, nor shall any thing in this act eon. tained, annul or impair any lawful rights of mar. ried women or minors, or any lien, inortgugo or other security on property real or personal, prerj ded the same are not arrangements for fraudutent preference, (as in Sec. 2 specifiod.) IV. Distribution of Bankrupt" Effect. See. 5, provides, That the effects of the bank, rupt shall be distributed by paying " 1. Debts due by him to the United States. Debts due persons, who by tho United States laws have a preference in consequence of. having paid money as hi sureties. , 3. Operatives, who have been in tlie service of the bankrupt, shall receive their wages in full to the amount of $23, provided the scr- vices were performed within six months be fore the bankruptcy. - And then 4. AH creditors proving bona fide dqbta shall share pro rata ; all persons whose demands art hot yet duo, or whoso demands, are un. certain and contingent, having proved 'tho same shall receive pro rata, when their claims become absolute, or if they chose, the . value of their claims may bo ascertained under tbe direction of the court, and they may share as creditors tn preoentt. : It any creditor shall hot prove until after a divi dend, besholl receive out of the next dividend a pro rata equal to what others have received. : In unliquidated accounts, the balance- shall be taken as the true debt. All creditors proving their claims shall there after be barred frora any future suit at law or in equity for the same, and atl proceedings then existing thereupon shall likewiso bo annulled thereby. v - vV. rroof of Vtbt. Debts shall bo proved before the court, or com missioners by it appointed, who shall be residents in the1 bankrupt's county. (Sec. 5.) , Proof shall be made on oath or affirmation, ac cording to the regulations which (he court may establish ; and tobe opened to contest by jury, at Uio call of cither party, (ace. 7.) . vuruuraiiuus tuiuu itovu muir i.uuis uv uitir rident.e oth T . n - 1 1 T . l . . t .1. I esccially appointed. (Sec. 5.) ; I Vt. the Assign ft. $3 See. 3. Tbe assignee, by tbe decree of bank. ruptcy, become frqm that time entitled to all the rights which the bankrupt had over his property or credits : lie is to jirosccute and defend the banfc rupt's suits; and sails by or against him shall not alter by his death or removal from office, but go on by or against his successors, (uy Sec. 10 un der the direction of tho court, he is to administer me assets oi uio oankrupt, to sue lor, and recover or otherwise collect them, and divide them at least ones in six months from the decree of the bank ruptcy, giving notico of the dividend or distribu lion ten days rtevions. lio shall havo power (ec. 11.) under tlio same direction to sell and transfer property belonging to the bankrupt, to redeem mortgages, compound debts, .(giving, no tice oi nis intention to apply for sucn direction ten days at least before tho hearing.) Within sixty days after the reception of any monies from tho bankrupt's estate, (Sec. '9.) lie is to pay the orders of tho court, and strictly governing himself by tlie orders of tho court, lie is to clone tho estato within two years from tho decree of bankruptcy, (Sec 1U.) And (by bcc. 5.) for tho dno perform ance of his duties, the court may rco,uir a- bond with two sureties, in eueh sum as it may deem pro. per, in the name of the United States, which bond hail be held and suable for tho benefit of the, prrsons interested. VI l,Of partnership as connected with Bankruptcy iiy fec. 14. in case of pnrtnennips, decrer of bankruptcy may be rrindc as in cases of individuals, on petitionJiy lL.or any ofthe, partners prnxUeUh, ilum creditor : unon which all tlio ioint and senaratn estate sliall be taken, and the creditors both of the individuals and tlie partnership shall prove their debts. 1 be assignee appointed shall keep separate accounts 1. of the partnership property ; 2. of the separate property from the amount of which shall first be deducted, the expenecs, and then tlie net proccsds shall go-to pay tho joint creditors and the net separate proceeds to pay the separate credt. tors. , VTIL The Court of Dantmptcv. The court of bankruptcy cases ia tho Distrlet Court of the United Mates for the district in which the bankrupt resides,-or has his place of business. Ita jiirmlir.lion l tn hw i.rprfini fiirnrnar'V nature of summary proceedings in, ' equity ) for wnicn purpose it i always to be open and to ex. tend to all controversies between bankrupt and creditors; creditors and assignees," bankrupt and assignees, and to all matter and acts to be. done in virtue f thfrbankmyteytuntil the-final sett hfc j meni.. a ney snail nave power 10 cniorce obedi ence by process of contempt, ace. to the same ex. tent with tbe Circuit Court in equity proceeding. These courts are to prone ri bo tbe rules and forms of proceedings m bankruptcy, and a tariff of feos. subject to revision by the Circuit Courts of the Uni ted Mates. 7 he District Judge may "adjourn any question ariaing before him in the Circuit Court for the dis trict to be there determined. .Tho Circuit Court shall be in certain eases. before specified, a Court of Appeal, and shall like, wise have concurrent jurisdiction of all suits, at law. or in eanitv between tbe assfirnee and neraons claiming adverse interests touching the property of. the Bankrupt no suit to be-maintained, bow. ever ; touching such property, unless brought with. two year after the decree of bankruptcy or since the cause of acticn accrued. Ity Sections b, o. -.- - - -,i ; , , IX. False Swearing: ' Any person, whether tbe bankrupt or another. who shall in any deposition or examination taken under this act? forswear themselves, shall be guilty of and punishable for perjury as now punished by the law of the United States. - - A younjj lady asked of a gentleman lh meaning of the word surrogate. ... Ml is a gate through which parlies have to pass on their- way to get married,' replied ho. inem Imagine that it is a corruption-of sOBBow.gate, said the lady.' You are grit, Miss, an woman is an abbreviation of woto man.' . ' "... . . . . -i; ; " " . , from the National Intelligencer. Public ralUi. r -"-'- ' (5ur readers arealready apprised that the election for Governor ond Members of the Legislature of the Stato, of Mississippi has gone against the Whigs,- and ia favor of Uie Locofoco candidates; tho issuo joined in that State, between tho two , parties ia the lato canvass, being upon tho question whether the State shall maintain its faith solemnly pledged by law for tlie payment of bonds created ond issued by: ju authority or shall repudiate, disavow, and renounco all obligation w provide for the payment of either principal or interest , thereof. Tho Whii stood manfully up for the inviolabil. ity of tho public firth; the Locofocos havo succeeded in obtaining a majority for tho opposite doctrine. . - : " It would bejiujcult to conceive, were not the fact too well established, that tlie force of party could drive a majority of the peoplo of the Siato to such an extremity as this. The principle of tho proposed nullification of contracts to w hich the Siato- itself is & pariyy wouldasthb reader wijl perceive apply to one sort of contracts as well ns to another, and therefore to all contracts whatever, so that no right of property, nor any relation of society, would, if the prin. ciple wero carried out, bo safe from its des olating and desecrating influence. Truly may wo designate those who advocate such a pestijential doctrine as being, in every SeDSeDBSTBTTCTtTES. ' ; v, . We hail it, however, as one of the" liappi. est indications of the sounduess of the moral sense in the body of the, Peoplo, that tho Locofoco leaders in other States havo themselves taken alaroi at the consequcn. ces to which they perceive that one of their own most E favorite theories, ; reduced to practice, is likely to lend their political friends in Mississippi.: Wehaye the great, est pleasure in being ablo to do justice, in this respect, to our political adversaries. It is nt the last hour, it is true, that they have discovered their error; but still thev have, discovered it. They have rushed ou madly in their career until they have reach, ed, the extreme verge of tho precipice ; but having arrived there, they start back with horror and precipitation from the bottomlcs gulf that yawns beneath them. We rejoice, we repeat, in the cvidenco of rectitude of heart which, at ibis juncture, bursts through all efforts to smother and disguisa iL nd, disdaining tho restrain of partv pledges and trammels, reveals to us the true character of tho mass of the Peoplo of the United States, whatever party. We could almost rejoice at the occasion which has elicited from our political opponents sentiments so just in themselves, so oppo. sito at the same time to the theories they have most industriously heretofore inculca. . ted, as the following, which we copy from two of the most prominent and . thorough, poing" Locofoco journal.! in all the Middle States, j . ". ..A ',. From tlie New York Standard. - "Muf.reuuTtTien nm rnitniTivniDii l r. . t- . r siwma. uve an nyur aur erpreanng lev ipillingness thus to violate Slate faith. ..Vo are happy to believe, for the credit of Wis sissippi, that m party that State lias made an issue on the payment or nonpayment of ofbtate Honus. Wccopy from tho liar risburg Keystone a judicious article, ex. prcssive of tha views entertained by us, and as we hope by every right-thinking member of the Democratic party.1 From the Horrisburg (Pa.) Keystone.) "Will a majority of tho freemen of Mis siss3ppi the chivalixms sans of the ' South tho high-toned genlkmon ' par excel lence,' ever consent to 'tear honor's reck, oningfrom their hearts1 by repudiating their common debt? If they do, they may pur- chaso present ease, but at tho expense pf fulureanuKyry,;, A sense ot tticir degracla. tion.wiil grow on them, in .-intcnity with every revolving year, until at length, like the as3,assj.ftj remojsat shalLimpel Uicm to vain acts of repentance and reparation.; The name tf Mlssissippian-iDill-have-be corns a by-word of reproach--the stain of their disgrace will reach their wholesome, brethren beytmd L'icir boundaries, and the American abroad, will deny his fratcrnitu Hypocrisy A celebrated temperance lecturer vimted a pub lic house upon which had been hoisted temDnrancA colors; kir room' bad disappeared front over the door, and offiee put m it place : tho bar-kecpet' no longer ireeornised a title o ofK nsiv to the melt of -leetotalteriliuT gloried in the more re spectable cognomen of ' clerk ; and the whole es tablishmcnt had much tbo appearance of a first raj temperance nouse. liul murder will out.' llq was kindly received by the landlord, who com- menced telling how much better bo got along since he turned hi honor out of doors. He. After landlord god dsVi gng through the entry, he discovered a large refngera tor with tha lid up, whicli cariosity prompted him to peep into and to his surprise he found it full of the devil ! ,: lie considered a few minute bow be could best shame the landlord at last bo cried. in a voice which drew a number of others woo were in tbs houses ... - . v.. r--- Here, landlord, before 1 go, I want to tell yon a joke The landlord eame running out. ' Wbesi 1 used to drink, continued the lecturer, looking the other lull in tho fuee, I used to sing a song, which nerhans von hava heard 1 I am hoarse now and can't sing, but I will just repeal ons verse t Ulesscd be tbo man who ha-i ehest. And a bottle of rum therein. ' " He'll pull it out, and take aewig, ' And pat it in strain P - - And pointing to the refrigerator all looked io, tbo landlord face turned all sorts of color, and in tha confusion the lecturer slipped out. A Cetitificate. Aa'lhe laie Mr. G.. a farmer at Duddincsten, once stood at his gate, an Irish lad came up to him and re. quested of him to bo employed.- ) ' J Mr. G. Go awray, sir, I will I never cm. ploy any of your country again, ... . ' , Irishman, vvny, your honor! sure w are good workers! God bless you, do givo me n job. . . i , - , . Mr. G. No sir, 1 won't, for the last Irish man I employed, died on me, and I was forced to bury him at my own charge. Irishman. Ah ! . vour honor, vou Deed1 not fear that of me. for I can set a certifi. cato that I never died io the employment of any master I ever served ! . : TJiere was no rcsiitini. I'oor fatrK .f got employed! ' , '.,
Highland Messenger (Asheville, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Dec. 3, 1841, edition 1
2
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