Newspapers / The Lincoln Republican (Lincolnton, … / March 9, 1842, edition 1 / Page 1
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"Tht tendency of If ermey it tovmrd tht titration ofthtlndnttriout eieatt;tht inert; r their torn Tort, theamertion mflhtlr dignity, tin tttmblithmtnt f their potcer." BY ROBERT WILLIAMSON, Jr. LIXCOLNTOX, X. C, MARCH O, 1842. , VOLUME V, NO. 41. LL JL . NEW T E R M S or THE LINCOLN REPUBLICAN TERMS OF PUBLICATION. Tub Lincolx Republican is published every Wednesday at $2 50, if paid in advance, or $3 if payment be delayed three montns. No subscription received for a less term than twelve months. No paper will be discontinued but at the option of the Editor, until all arrearages are paid. A failure to order a discontinuance, will be con aid red a new engagement. TERMS OF ADVERTISING. Abteutisexemts will be inserted conspicuous ly for J 1 00 per aquare for the first insertion, and 25 ccntp for each continuance. Court anJ Judicial advertisements will tie chained 25 per cent. more than w above prices.' A 'Induction vf 13$ jr cent, from the regular prices will be made to yearly advertisers. The number of insertions must be noted on the manuscript, or they will be chained until a discon tinuance is ordered. TO COR RESPONDENTS. To insure prompt attention to Letters addressed te the Editor, the postage should in all cases be paid State ot Slorth aroint, ? LINCOLN COUNTY. $ Ann Jenkins, widow and re-"" lict of B. Jenkins deceased, I Petit;on for Dower. Harrison Jenkins, ct al. J 5T appesring to the satisfaction of the Court that David Jenkins one of the heirs at law of tno said Ben. Jenkins deceased, is not an inhabit ant of this State- It is therefore ordered by Court, that publication be made in the Lincoln Kcpubli can for six weeks, notifying the said David Jen kins to appear at the next Court of pleas and Quarter Sessions to be opened and held for the County of Lincoln, at the Court House in Lin colntoti, on tho second Monday after the third Monday in February next, then and there to p lead er otherwise the prayer of the petitioner will be heard ex parte. Witness. II. Canslcr, Clerk of said Court at of fice, the 1st Monday in December, A. 1). 1841 and in the 66th year of the Independence of said State. H.CANSLER. Clerk. Price adv. $5 02 A. Lincolnton, N. C.Jan. 26, 1842. 35 6w. Moffat's Vegct5!e Life iUedi- CJIJCS. THEE medicines arc indebted for theirnam to their manifest and sensible action in pue riiying the springs and channels of life, and endu ing them with renewed tone and vigor. In many hundred certified cases which have been made put lic, and in almost every species of disease to which the human frame U liable, the happy clK-cts of MOFFATS LIFE PILLS ANDPliEMX 1311 TERS have been gratefully and publickly acknowl edged by tne persons benefitted, and who were pre viously unacquainted with the beautifully philo sophical principles upon which they are compoun ded, and upon which they consequently ai t. The LIFE MEDICINES recommend themselves in diseases of every form and description. Their first operation is to loosen from the coats of the stomach and bowels, the various impurities ard crudities constantly settling around them; and to remove the hardened fteces which collect in the convolutions cf the smallest intestines. Other medicines enlv partially cleanse these and leave such collected' masses behind as to produce habitual c.ostiv eness, with all its train of evils, or sudden ipi orrhcea, with its imminent dangers. This fact s well known to all regular anatamists, who exam ine the human bowels after death: and hence, the :. ,.r.- ,ri,..o. woll informed men asaitist quack medicines or medicines prepared and heralded to the public by ignorant persons. The second etlect of the Life Medicines is to cleanse the kidneys and the bladder, and by this means, the liver and the lungs, the healthful action of which entirely de pends up n the regularity of the urinary organs. The bladder which takes its reu color fiom the agen cy of the liver and the lungs before it passes into the heart, being thus purified by them, and nourish ed by food coming from a cleau stomach, courses freely through the veins, renews every part of the 6ystem, and 'triumphantly mounts the banner of heahh in tae blooming cheek. Mofiatt's Vegetable Life Medicines have been thoroughly tested, and pronounced a sovcre.gn rem edy forDyspepsia, Flatulency, Palpitation of the Heart, Loss of Appetite, Heart-hum and Headache, Restlessness, I 1-teniper, Anxiety, Languor and Melancholv, Costiveuess, Diarrbcca, Cholera, Fev ers of all kinds, Rheumatism, Gout, Dropsies of all kinds, Gravel, Worms, Asthma and Consumption, Scurvey, Ulcers, Inveterate, Sores, Scorbutic Erup tions and Bad Complexions, Eruptive complaints. Sallow, Cloudy, and other disagreeable complex Kait Khuinn rcrvsiii.-.tns. Common Colds and Influenza, and various oilier complaints which af flict the human frame. In r ever ana Ague, ar t-,a T.'if.. MplirinHs have been most emi nently successful ; so much so that in the Fever and Ague districts, rnysicians aunosi uinvcisuuy vrocrillO lh(m All that Mr. Moff.itt requires of his patients is to 1w n irtirMlllir in tnkintr the Life Medicines strictly according to the directions. It is not by a newspa . " . .i- u u:mt..'ir ..i civ per notice, or oy any ining mai '"; v in their favor, that nopes to gum um.u I l. .k ..li.Ar9 f iir trial. MOFFAT'S MEDICAL MANUAL ; designed . o i,Tin0t; r;,i. tn hpnlih. This little riamph- o.iiio.l 1 W It MntYut. 375 Rroadwav. New-. - j . , . - , vrV- hQc lu.pn tmlilishod for the nurnose ot explain ing more fully Mr. Moffat's theory of diseases, and will be found highly interesting to persons seeking health. It treats upon prevalent diseases, and the 'causes thereof. Price 25 cents for sale by Mr iiioffat's agents generally. These valuable Medicines arc for sale by p. & J. RAMSOUK,. C. C HENDERSON. Lincolnton, N. C. September 2, 1840. JOB PRINTING Lone at the Republican Office at shor notice. PRO S P E C T IT S, For the Congressional Globe and Appendix. THESE works have now been published ba us for ten consecutive sessions of Congress commencing with the session of 1832-3. They have had such wide circulation, and have been so universally approved and sought after by the pub lic, that we deem it necessary only in this prospec tus to say that they will be continued at the next session of Congress, and to state, succinctly, their contents, the form in which they will be printed, and the prices for them. The Congressional Globe is made up of the daily proceedings of the two Houses of Congress. The speeches of the members are abridge,, or con densed, to bring theiu into a reasonable, or reada ble length. All the resolutions offered, or mo tions maita, given at length, in the mover's own words; and the yeas and nnya . U the impor tant questions. It is printed with small type brevier and nonpareil on a double royal sheet, in quarto form, each number containing 16 royal quarto pages. It is printed as fas as the business done in Congress furnishes matter enough for a number usually one number, but "sometimes two numbers, a week. We have invariably printed, more numbers that there were weeks in a session Trie approaching session of Congress, it is expec ted, will continue 7 months; if so, subscribers may expect between 30 and 40 numbers, which, together, will make between 500 and 600 royal quarto pages. The Appendix is made up of the President's annual message, the reports of the principal officers of the Government tli3t accompany it, and all the long speeches of members of Congress, written out or revised by themselves. It is printed in the lyme form as the Congressional Glole, and usual sa makes about the same number of pages. Here tofore, on account of the scl speeches being so nu meious and so lon.we have not completed tht Appendix until one or two months after the close of the session ; but, i,i future, we intend to print the sprceches as fast as they shall be prepared, and of course shall complete the work within a few days after the adjournment. Each of these works is complete in itself; but it is necessary for every subscriber who desires a full knowledge of the proceedings of Congress, to have both ; because, then, if there' should he any ambiguity in the synopsis of the speech, or any dc nial of its correctness, as published in the Congres sional Globe, the reader may turn to the Appendix to see the speech at length, corrected by the member himself. Now, there is no source hut the Cotijrcssional Globe and Appendix, from which a person can ob tain a full history of the proceedings of Congress. Gales and Seaton's Register of Debates, which contained a history, has been discontinued for three or four years. It cost about five times as much for a session as the Congressional Globe and Appendix, and did not contain an equal amount of matter, a great portion of the current proceedings brine; omitted. W'c are enabled to print the Con gressional Globe and Appendix at the low rate now proposed, by having a lare quantity of type, and keeping the Congressional mutter that we set up for liie daily and scmi-wetkly Globes standing for the Congressional Globe and Appendix. If we had to set up the mutter uroeb, lor there works we could not nlTord to print them lor double the pric now charged. Complete indexes to both the Congressional Globe and the Appendix arc printed at the close of each session, and scut to all subscribers for them. We have on hand 3.000 or 4,000 surplus copies of the Congressional Globe and Appendix for the extra session, which make together near one thou sand royal quarto pages. They give the fullest history of Congress that has ever been published. We now sell them for 1 each; that is, 1 for the Congressional Globe, and jl for the Appendix. We propose to let subscribers for the Congressional Globe and Appendix for the next session, have them for 50 cents each. They w ill be necessary to understand fully the proceedings of the next session. The important matters discussed at the last, ewiil he brought up at the next session, in consfqu nce- f the universal dissatisfaction evinced in the late elections with the vast and novel system of policy whuh the new powers have introduced, and which was forced through Congress without consulting public opinion, or even allowing the full discussion UMial in regard to subjects of ordinary interest, The reports of the Congressional Globe and Appen dix are not in the least degree atlected by the paity bias ot the Ldi.or. 1 hey are given precisely as written out by the RejKirters and the members themselves. And the whole are subject lo the re vision and correction of the speakers, as they pass in review in our daily sheet, m case anv misunder standing or misrepresentation of their remarks should occur. We make a daily analysis of the doings in Con, gress, and give our opinions in it freely, but this is published only in the Daily, Semi-weekly, and Weekly Globes. The Daily Globe is $10, the Semi-weekly Globe $b, and the Weekly Globe 2 per annum, in adcance. The Weekly Globe is printed in the same foim as the Congressional Globe and Appendix, and a complete index made to ttai tnc end of each year. TERMS: For the Congressional Globe and Appendix foa he last Extra Session, 1. For the Congressional Globe for the next session 1 per copy. For the Appendix for the next session, one dol ar per copy. bix copies of either of the above works will be sent for live dollars twelve copies for ten dollars and so on in proportion for a greater num bar. Payments may be transmitted by mail, postage paid, at our risk, by a rule of the Post Ofh( e Ue partmcnt, postmasters are permitted to frank letters containing money tor subscriptions. The notes of any bank, current where a sub scriber resides, will be received tiy us at par. To insure all the numbers, the subscriptions should be in Washington by the 15th December next, at farthest, though it is probable that we shal print enough surplus copies to fill every subscript tion that may be paid before the 1st day of January- next. Ab attention will be paid lo any order vn lens the money accompanies tt. The Democratic papers with which we exchange will please cive this Prospectus a lw inser lions. BLAIR & RIVES Washhvgtox Citt, October So 18 11 Tfl.WOFFAT'S VEGETABLE LIFE PILLS If B AND PIICENIX BITTERS. The high celebrity which theseexcellent Medicines have ac quired, in curing almost every disease to which the human frame is liable, is a matter familiar witn almost every inteigent person. They became known by their fruits their good works have tes tified for them they did notthri,ve by the faith of uulouthe cres. In cases of Costiveness, Dyspepsia, Billiousanp l.iver Aitections, Asthma, Piles, Settled Pains Rheumatism, Fevers and Agues, Obstinate Head aches, Impure State of the Fluids, Unhealthy Ap pearance of the Skin, Nervous Debility, the Sick ness incident to Females in Delicate Health, every kind of Weakness of the Digestive Organs, and in all general Derangements of Health, these Medi cines have invariably proved a certain and speedy remedy. They restore vigorous health to the most exhausted constitution. A single trial will place th? Life Pi!ljrul PH4; uiucia ocyouu trie reach of competition, in the estimation of every patient. Prepared and sold, wholesale and retail, at WM B. MOFFAT'S Medical Office, 375 Broadway New i'ork. N. B. None are genuine unless they have the fac simile of John Moffat's signature. The Life Pills are sold in boxes Price 25 cents, 50 cents, and SI each, according to the size; and the Phoenix Bitters in bottles, at $1 or $2 each, with full directions. FOR GRATUITOUS DISTRIBUTION An ntcresting little pamphlet, entitled "Moffat's Medi cal Manuel, designed as a Domestic Guide to Health containing accurate information concern ing the most prevalent disease, and the most ap proved remedies by WM. B. MOFFAT" Apply to the Agents. D. & J. A. RAMSOUR. C. C. HENDERSON. Linncolton, January 6, 1841. m OFFAT'S LIFE PILLS, AND FIICE NIX BITTERS. The perfectly safe, un erring, and successful treatmont of almost everv species of disease by the use of MOFFA 10 I.IFH MEDICINES, is no longer a matter of doubt, as a refcrenco to tho experience of many thousand pa tients will satisfactorily prove. During the present month alone, nearly one hundred cases have come to the knowledge of Mr. Moffat, where the patient has, to all appearance, effected a permanent cure by the exclusive and judicious use of the Life Medi cines some eight or ten of these had been con sidered beyond all hope iiy their medical attendants. Such happy results are a source of great pleasure to Mr. M. and inspire him with new confidence to recommend the use of his medicines to his fellow citizens. The LIFE MEDICINES are a purely VEG ETABLE preparation. They are mild and pleas ant in their operation, and at the same time thor ough acting rapidlyupon the secretions of ihe svstem earning oil" all acrimonious humors, and- as.similating with end purifying tho blood. For this reason, in aggravated cases of Dyspepsia, the ite Medicines will give relief m a shorter space of time than any other prescription. In Fever-and- Ague, Inflammatory Rheumatism, Fevurs of every tlcsrrrptjoii, Stc-lc lleatlarlio, Hfi,rt b-irn, Diaxinoed in the Head, Fains in the Chest, Flatulency, im- mired appetite, and in every disease an ;mg iron an impurity of the blood, or a disordered state ot the stomach, the use of these Medicines has alwas proved ta le beyond doubt greatly superior to any other mode ol treatment. All that Mr. Moffat asks of his patients is to be particular in taking them strictly according to the directions. It is not by a newspaper notice, or bv any thing that he himself may say in their favor, that he hopes to gain credit. It is alone by the re sults of a fair trial. Is the reader an invalid, and does he wish to know whether the Life Medicines will suit his own case? If so, let him call or send to Mr. Moffat's agent in this place, and procure a copy of tho Medical Manual, designed as a Do mestic Guide to Health, published gratuitously. He will there find enumerated very many cxtraordina- v cases of cure ; and perhtps some exactly similar to his own. .Moffat's Medical Office in New York 375 Broadway. These valuable Medicines arc for sale bv D. .V J. A. RAMSOUR. C. C. HENDERSON. Lincolnton' January. STA TE of NOR Til CAROLINA Lincoln Count i. Fall Term, 1S41. Sarah Ramsey 1 v Petition forDivorce, James Ramsey. a,ul Alimony. "gjj N this case it appearing to the satisfaction of the Court that James iiamsey ,me ueien dant, is not an inhabitant of this State ; It is there fore ordered that publication be made lor three months in the "Lincoln Republican" and" Western Whiz Banner," for the defendant to appear at tho next Superior Court of Law, to be held for the County of Lincoln.at the L-ourt-house in Lincolnton cn the 2d. Monday after the 3rd Monday in Fel- ruary next, then and there to plead, answer, or pemur to this petition, or judgment pro confesso will be entered up against him, & the said petition be heard ex-parte. Witness F. A. Hoke, Ierk of our said Court, at office the 2d. Monday after the 3d Monday in Augt. A. D. 1841; andjihe 66th year of the Inde pendencc of said State, F. A. HOKE, Crk. Sept. 22, 1841. 17 3mo. Price adv. $10. 7TeieJ&ankrupi JLatv. "P"AVING taken considerable pains to acqu&in'vjjnd more inconsistent with lierown "an Law, lately passed by Congress, I nerehy tender my services to such as may wish to avail them selves of its bencCt. I shall attend the United Mates Court of this District, and if necessary, the Circuit Court also. Persons wishing to avail themselves of my services, can ere me on the ap proaching Sixth Circuit of the Superior Court: and afterwards, I shall be found in my office in Salisbury. II. C. JONES. N B. I take this occasion to correct a prevail ing eiTor concerning this Law; many pereona I find, suppose that no one, except such as owe to the amount of Five Hundred Dollars, can claim its benefit. 'I his is a mistake, for it rmbra es "all persons" owing debts who are unable "toemtet them," no matter how small the amount, H.C.J. Salisbury, February 12, 1S42, 3S St. . JP 'RO.&JO S For publishing in the 'City of Richmond, a new Democratic paper, to be entitled the STATE MGRTS REPUBLICAN, Journal of Education and Constitual lleform. 1HFOPHILUS FISK AND 51. GARDNER, EDIT0R3 Under this title is o He red for the patron 1 age and support of the people, a new pub lication, devoted as that title indicates to the defence of the rights and the deve opruent of the duties of the State and of the individual citizen ; and to ihe free and eailess discussion of principles and meas ures which ailed the relations of one to ihe'oitr-- f J vf .k tlH Confedera tion of Stale?. The conductors of the new paper hav ingiong been connected with the public pre?s, in different sectiens of the Union, a full knowledge of their fitness for the place in wiich il.ey appear, is already with the people. Of themselves, thereore, they have only to say, that the Democratic ait ti which with them has passed the ordeal of ytars of thought and stud', has daily giown clearer and stronger by exercise and this paper, though new to the public, is but the continuation of an effort, to wnich their whole lives have been and are devoted. For the future, then, they have ilia highest satisfaction in appealing to the past ; while lor the past, they have neilh r:o explanation to make, nor apology to tfer. ' 1 We consider government in this coun rv, as designed to be simply the agent of itie popular willi that it was intended lo be always the servant of the people nev er their benefactor, nor their master ; that ii is instituted lor the protection of all, but has mi privileges lo confer on any ; that the protection it a fiords should be general, not special universal, not partialuni form, not discriminative direct, not re mote or V'ontigent, to all individuals, not ol any classes or distinctive interests, against aggression, not against competi tion ; ard that whatever special privilege or special protection it has conferred on any imlivijual or class of individuals, it has murptd , and wrested to the injury of every oihta individual ; thus, producing injustice, .aid positive wrong to society. "There ae no necessary evils in govern ment." Whatever political or social wrongs. 'T eviU the people suffer, result from ijxiorauce, contempt and a practical denial of the pl,r. r 1 , ted. An enumeration of them would wea-y the patie.ice of the reader, if it did no' compel his utter despair of ever ob taiung then correcti m. Suffice it then lor the present to say, that w-e shall oppose io we ever have done, legalized privilege sncvery form. We shali insistian on ab saite and unconditional repeal of all laws lht confer it, and the immediate abandon mint of all usages that sanction its exercise, oriis continuance. As-ociatiotis, classes nr. individuals, by whatever political or paMv name they may be known, woo seek itjexercise it, or justify its bestowmenl. will hnu no countenance or lavor at our hiids; and viewing as we do, its bestow iiiem in anv form, as a usurpation of pow er. we declare against it, in behalf of the people, eternal and uncompromising war. Ina Constitutional Republican govern tnent like ours, the remedy peaceahle. just and efficient is in the-people. I hey make the government Irom their consent, all its just powers are derived, and when t!:at consent is directed by titind, universal- lv educated and intelligent, then, and not tiU then, is there effectual security for ci ti er the Slate or the people. If the people A''o their rights, they will want thein vtill w'on hem and w ill keep them. e hold it therefore, to be the duty of ibis as of everv other State, to establish a system of Universal Education, to provide liberally fi.r its mamtainance and to make it the absolute and inalienable birthright of every free white child born or residing within iis limits. It is a measure which we believe to be vitally important and necessary, and as is intimated in our title, the earnest ad vocacy ofsucb a system will mtisuiuie an important feature of this "JOURNAL." The last part of our title has a special as well as a general meaning. The Con stitution of Virginia contains provisions more aristocratic, partial and exclusive , more hostile to Equality of bights duties and changes," which is the first idea of Christianity as of Democracy ; cient fait! than that of any other State in this Union. The unjust and arbnary restrictions on the right of suffrage in every form which privileges property, or disfranchises man; the denial to the people of the right of selecting all their agents and officers ; and the making of any offices perpetual or self perpetuating, these are anomalies and inconsistencies derogatory to the cfiaracter of the State and degrading in their influence on the people. But generally holding as we .do, the RIGHTS of MAN primary and para mount wherever a reform of ihe laws is inadequate to their complete assertion and ruaintainance, or impracticable from the ! interposition . of Constitutional c&stacles, e shall always be found the advocates o .CONSTITUTIONAL REFORM." Thus far we have spoken and at greater length than we designed of what is in tended o be the editorial characier of onr paper. We shall l..ok ever io the political and social rights and interests of man as man. Will, us tj,e rjg,ts ,f all are equal, but the interests of the producer are para mount to those of the accumulator, us man is worth lo the world more than money The farmer and mechanic will therefore, find an important part of our paper devoted to their cans and designed to assist them forward to the attainment of their true posi tion & influence of the State &. in society. T" the LAMES DEPARTMENT, par- tieL. , ; ; K .liwfo,L. therf will always be found a choice selection from the current Literature of the day. A general summary of important Foreign and Domestic News, will also be fcrnished; and with this we complete the enumera tion of its essential features. It may be that we hope for a larger pat ronage than we shall deserve ; but we shall strive to deserve more than we dare to hope. TERMS. City subscribers, whose papers are ce- livcred at their residence by a carrier. Two Dollars and fifty cents ; mail subscribers, Two Dollars per annum only, payable in variably in advance. Those who will forward the pay for Ten copies, shall receive the eleventh grat is being an allowance of ten per cent for their trouble. ... Orders addressed to The opiiinTs Fisk, Richmond, Va., will meet with prompt attention. Richmond, Jan. 8, 1842. Slate of Norih Carolina, LINCOLN COUN T V, A. IIoyIe& Co.""! Attachment levied on a vs. (negro man named Jeff, Jacob Slowe. fund IVm. Slade Sum J moned as garnishee. 7TT appearing to ihe satisfaction of the Court, that the Defendant in this case is an inhabitant of another State, or so con ceals himself that the ordinary process of aw cannot be served on him: It is there- loreordered by Court that publication be made in the Lincoln Republican for six week, that unless the said defendant appear' before the Justices of our Court of Pleas I r i- Minte.. ai i"" ... be opened and held for the county of Lin coln, at the Court House in Lincolnton. on the 2nd Monday after the 3rd Monday in Febuary next; and then and there replevy and plead lo issue, judgment final will be entered up against him. Witness, II. Canslcr, Clerk of said Court, a; office, the 1st Monday in De cember, A. D. 1841, and in the 66j!i year of the Independence of said State. II. CANSLER, Clerk. Price adv. $5 G2 1-2 Lincolnton, N. C, Jan. 26, 1842.- 35-6w From the Globe. THE BANKRUPT ACT. This famous act has iustcoininenceil its operation, and already trie progress of it is ciifli 94 to irive the nreatest alarm to the friends of the riglns and sovereignties of ihe Stales. I3y extending its operations to every person, whether trader or not, anil mnkinir it retrosnecii ve in its effects, the States "are all invaded and rode over, rough shod, in the most tender point of their sove reignty, that of the relation r debtor ' anil creditor beiivren iheir own citizens, and ..rk.r il.Pir nun laws. A case lias l'isl n.-curred at Pitlsburli, Pennsylvania.which gives a foretaste of what is to happen under this line law if not promptly repealed, by Congress, or declared unconstitutional and void bv ihe courts. The case is thus stated in the Pittsburgh Chronicle: IMPORTANT DECISION. The United Stales, upon 1 relation of Jonathan I United Slates Ramalev, District Court vs. I Habeas Cor- J. . Dobbins, Constable, j pus. I5v the return of the Habeas Corpus it appears, that the Relator is in arrest on an execution issued by an Alderman of the city of Pitis'-' irgh. in favor of Small and Varner. And it als- appears by the peti tion of Ihe said Relator, and by the records of ibis Court, that ihe said Relator, prior to his being arrested, filed his petition in due form in the said Court, on ihe 10th day of February, 1S12. for the benefit, o an act of Congress, entitled a:i act for estab fishing a uniform system of bankruptcy throughout the United States, passed the 19th dav of August, and that the said Court, by sn order, appointed the 12th day of March, 1842, lo hear the said petitioner and his creditors, the said Smith and Var ner being included among them, which order it has been made to appear was pub lished as required. The Relator has thus, according to law, been brought within tiie jurisdiction of this Court, and. up to llii 3 lime, has complied with its order. This is the statement of the cas.-. The Judge then goes on ta consider the cw, snd to render his judgment, whereby Ram- aley, the bankrupt, is discharged from his arresi the Marshall of the United Slates is ordered to take him out ofcustody of the Slate constable and Varner and Smith (the. plaintiffs against Ramalev) ar ordered to pay all the costs of ihe proceedings. Thus ihe Slate jurisdiction is invadedthe Siate laws nullified and the smallest deal ings between two citizens of the -same State, brought before the Federal court, and the citizen not only deprived of his remedy under the laws of the State, but punished with costs, and menaced with the conse quences of a contempt ! Listen to the fol lowing. "This Court, by its order, has required the bankrupt io appear here, at a certain day; a creditor interferes and arrests him, tn oiTpf. rendcts the orner tive: the bankrupt complains to the court, -and the court must eilher deny the right. secured lo him by the act of Congress, and submit to the contempt of its authority,' or discharge him from the arrest' J he Judge then goes on to lay down principles which have only to be carried out to iheir full practical effect to bring tho persons and the property of every individ ual in the States under the jurisdiction of the Ftderal courts. Read what he ays: . v . 'I3y the English statutes of bankruptcy. the bankrupt is free from arrest or impris onment by any creditor during the time allowed for examination, provided he was not in custody al the time of the surren der, and if arrested, is entitled to be. dis charged; and the surrender, if voluntary, protects him from all arrests till his final examination is passed. Our statute of bankruptcy does r.ot expressly confer this privilege on the bankrupt, but it was not necessary, to be 60 conferred The person and property of the bai krupt are by tho law brought within the jurisdiction of the District Cotirl, and the court possesses an inherent power in all cases, of which it lias jurisdiction, to cause its orders and decrees to be respected and obeyed, and to protect its suitors from arrest. And this power -enforced by the 6th section of the HaA'uPl act, which declares that lhe x"u courts shall have full authority .ui jurisdiction to compel obedience load orders and decrees passed by ths in bankruptcy by process of coniempt and other remedial' pro cess. "It is therefore ordered, that the said Relator be discharged from his said arrest. auu tne emu Smith and Varucr pay tho CUJI9 Ol 11119 1 The marshal is charged with the exe cution of this order as far as relates to tho payment of costs." 'I he person and the prnpprty, says the Judge, of every bankrupt is brought within the jurisdiction, file Now, by this act, every individual of the community may. when he pleases, constitute himself a bank rupt, and thus withdraw himself from lbs Slate laws, and put himself under the juris diction and protection of the Federal courts. &c. If this is submit'ed to, there is an end of ihe sovereignty of the States. v e do not make these remarks in a spirit of condemnation of the Judge's con struction of the act, but of the act itself. I'he Judge may be right, except in. not treating the law a3 a nullity. It is mani festly unconstitutional and void being no bankrupt law al all, but an immoral and unprecedented law for the invasion of Slate lights, and the laipairing and destruction ol contracts. from the Globe. THE GAG AGAIN. Our readers will have seen in the Con gressional proceedings of last Monday, that the proposition so to alter the rules of the House as to give lo a majority the power, at any lime they may think proper, of taking a bill out of the Commilttee of iho Whole on the state of the Union, is once more introduced into the House. When this innovation was introduced at the last session of Congress, it was defended on the ground that the emergencies of an extra session required it. We had then no faith in this excuse; for the measure itself was too congenial to the temper of the majority and their impetuous commander in ihe Senate, to be the result of circumstances. Accordingly, now at a long session, with the -jvIioIk year before ihem, it comes forth egain. We will endeavor to explain to our readers the object and effect of this move. The Constitution says that aM revenuo bills shall originate in the House of Repre sentatives. The reason for this provision is, that the people who pay the taxes, should lay them. To iheir immediate re presentatives, therefore, in the popular branch of Congress, hen cognizant, it is presumed, with their feelings and interests, is entrusted the delicate and important power of laying taxes on the people. To give the peopl thegrea'er protection in the exercise of this power,ufrom the origin of onr Government, handed down to us lhrong'1 centuries of practice by our Kng lishancestnrstnParliament.it has been a rub in Congress that all money bills shall be first consid-rfc' I and discussed in the Committee of the Whole on the Hate of ihe Union, before they eaa become laws. But
The Lincoln Republican (Lincolnton, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
March 9, 1842, edition 1
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